Yuba City City Council
February 4, 2025

The City has adopted a Reasonable Accommodations Policy that provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. Please visit yubacity.net ADA & Accessibility Resources page. If you need assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the City Council, the City is happy to help. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation; 72 hours in advance is suggested. Please contact City offices at (530) 822-4817 or (TTY: 530-822-4732), so such aids or services can be arranged. Requests may also be made by email at [email protected] or [email protected] or mail City Clerk, 1201 Civic Center Blvd, Yuba City, CA 95993.

AGENDA
FEBRUARY 4, 2025

REGULAR MEETING

CITY COUNCIL

CITY OF YUBA CITY
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
MAYOR ● Dave Shaw
VICE MAYOR ● Marc Boomgaarden
COUNCILMEMBER ● Wade Kirchner
COUNCILMEMBER ● Michael Pasquale
COUNCILMEMBER ● Toni Cole
CITY MANAGER ● Diana Langley
CITY ATTORNEY ● Shannon L. Chaffin
1201 Civic Center Blvd
Yuba City CA 95993
Wheelchair Accessible

AGENDA

REGULAR MEETING

CITY COUNCIL - CITY OF YUBA CITY
FEBRUARY 4, 2025
6:00 P.M. REGULAR MEETING

COUNCIL CHAMBERS/VIRTUAL
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s office at 1201 Civic Center Blvd., Yuba City, during normal business hours. Such documents are also available on the City of Yuba City’s website at www.yubacity.net, subject to staff’s availability to post the documents before the meeting.

The Council Chambers will be open for public attendance and participation. The meeting will also be live streamed for public viewing, but not participation, at the following link:
https://yubacity-net.zoom.us/webinar/register/WN_HQ2nqX5MQGG8Bhfrxe78Kw. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the City Council prior to the meeting. Please identify the Agenda item(s) addressed by the comments.

Public Comment:

Any member of the public wishing to address the City Council on any item listed on the closed session agenda will have an opportunity to present testimony to the City Council in the Council Chamber prior to the City Council convening into closed session. Comments from the public will be limited to three minutes. No member of the public will be allowed to be present once the City Council convenes into closed session.

Regular Meeting
Call to Order
Roll Call
__ Mayor Shaw
__ Vice Mayor Boomgaarden
__ Councilmember Kirchner
__ Councilmember Pasquale
__ Councilmember Cole
Invocation/Inspiration
Pledge of Allegiance to the Flag
City Attorney's Report on Closed Session Items, City Attorney Shannon Chaffin Agenda Modifications

Ceremonial Presentations

1. Certificate Presentation to Rachel Ostrander's 4th and 5th Grade Class - Lincoln Elementary School

2. Sister City Association - 35 Year Anniversary Proclamation

3. Toride City, Sister City - 35 Year Anniversary Proclamation

4. CASA - Child Advocates Presentation by Nicole Rubio
Public Communication

5. Appearance of Interested Citizens
You are welcome and encouraged to participate in this meeting. Public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda will be considered at this time. Public comment is limited to three minutes per speaker. Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted five minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.

Consent Calendar
All matters listed under Consent Calendar are considered to be routine and can be enacted in one motion. There will be no separate discussion of these items prior to the time that Council votes on the motion unless members of the City Council request specific items to be discussed or removed from the Consent Calendar for individual action.

6. Bains / Dhadli Subdivision (Final Map Approval)
Recommendation: Adopt a Resolution approving the Bains / Dhadli Subdivision Final Map, accepting dedication of rights-of-way, and easements shown thereon and authorizing the filing of the map. [Subdivision is located north of Bridge Street, and approximately 300 feet west of North Walton Avenue]

7. Approve the 2025 Feather River Air Quality Management District (FRAQMD) Board of Directors
Recommendation: Approve the Member Jurisdiction Appointments to the FRAQMD Board of Directors for 2025

8. Quit Claim Deed – Stafford Way at State Route 20
Recommendation: Adopt a Resolution authorizing the Public Works Director to execute a quit claim deed relinquishing street right-of-way to the State of California, Department of Transportation at Stafford Way and State Route 20

9. Pioneer Community Energy Expansion to Include the City of Yuba City Recommendation: A. Adopt a Resolution requesting membership in Pioneer Community Energy and approving the Amended and Restated Joint Exercise of Powers Agreement as amended through
Amendment No. 5; and
B. Adopt an Ordinance of the City Council of the City of Yuba City amending Title 5 of the Yuba City Municipal Code by adding Chapter 27 (Community Choice Aggregation Program) to
establish a Community Choice Aggregation Program in the City

of Yuba City, by title only, and waive the second reading Business Items

10. Planning Commission Membership
Recommendation: A. Conduct a Public Hearing; and

B. Introduce by title only an Ordinance of the City Council of the City of Yuba City determining the adoption of an ordinance regarding the Planning Commission membership and
organization is not subject to environmental review pursuant to CEQA Guidelines Section 15378, and to repeal and replace Sections 8-1.01 and 8-1.02 of Chapter 1, of Title 8 of the Municipal Code regarding the Planning Commission membership and organization

11. Aquifer Storage and Recovery Well (Municipal Well No. 3) (22-09) - Award Construction Contract for Below Ground Facilities
Recommendation: Adopt a Resolution which takes the following actions:

A. Award a construction contract to Nor-Cal Pump & Well Drilling Inc. of Yuba City, CA in the amount of their total bid of $983,306 and authorize the City Manager to
execute the contract on behalf of the City, subject to
review and approval as to legal form by the City Attorney B. Adopt the Initial Study/Mitigated Negative Declaration for the Aquifer Storage and Recovery Well Project

12. Summary Report from Council Special Workshop held on January 29, 2025 Recommendation: Receive report and provide direction to staff as appropriate Future Agenda Items

13. Future Agenda Items
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda

14. City Manager's Report

15. City Council Reports
Closed Session
A. Public Employee - Appointment/Employment (Pursuant to Government Code, § 54957) Title: City Manager
B. Threats to Public Services or Facilities (Pursuant to Government Code section 54957(a).) Consultation with: City Manager and City Attorney
Adjournment

Certificate of Appreciation
Rachel Ostrander’s 4th & 5th Grade Students
Lincoln Elementary School
To be presented by Mayor

Proclamation of the City Council
Sister City Association
Thirty-Five Year Anniversary
To be presented by Mayor Shaw

Proclamation of the City Council
Sister Cities
Thirty-Five Year Anniversary Celebration between
Toride City, Japan and Yuba City, California, USA
To be presented by Mayor

Presentation by Nicole Rubio
Volunteer Recruitment and Engagement Coordinator

CITY OF YUBA CITY
Public Communication
Members of the public may address the City Council on items of interest that are within the City’s jurisdiction. Individuals addressing general comments are encouraged to limit their statements.

Procedure
You are welcome and encouraged to participate in this meeting. Complete a Speaker Card located in the lobby and give to the Clerk, public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda, will be considered at this time.

When a matter is announced, wait to be recognized by the Mayor to provide your comments to the Council. Comments should begin by providing your name and place of residence. A three minute limit is requested when addressing Council.

Request for additional time to address Council
Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted 5 minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.

Procedure
When requesting to comment, please indicate your name and the topic and mail to:

City of Yuba City
Attn: City Clerk
1201 Civic Center Blvd
Yuba City CA 95993
Or email to:

Jackie Sillman, City Clerk
[email protected]

Agenda Item 6

CITY OF YUBA CITY

STAFF REPORT
Date: February 4, 2025
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Bains / Dhadli Subdivision (Final Map Approval) Recommendation: Adopt a Resolution approving the Bains / Dhadli Subdivision Final Map, accepting dedication of rights-of-way, and easements shown thereon and authorizing the filing of the map. [Subdivision is located north of Bridge Street, and approximately 300 feet west of North Walton Avenue]
Fiscal Impact: None. The Developer has constructed all required improvements and will pay all required development impact fees through the building permit process Purpose:

To approve the final subdivision map that specifies the terms for the Bains / Dhadli Subdivision development.

Council’s Strategic Goal:

This supports Council’s overall Strategic Goal of improving Quality of Life by providing additional housing supply in accordance with applicable standards.

Background:

On June 26, 2019, the Planning Commission approved Tentative Map SM 19-03, Bains / Dhadli Subdivision, to subdivide 5.72 acres into 18 residential parcels and 2 multi-family parcels located on the north side of Bridge Street approximately 300 feet west of North Walton Avenue (Attachment 2). The proposed lot sizes range from 5,294 square feet to 10,465 square feet.

Since Planning Commission approval, the developer and its representatives have been coordinating with City staff to develop and construct the necessary improvements in accordance with the conditions of approval for the development and City policy.

Analysis:

The procedure for approval of a Final Map is outlined in Title 8, Chapter 2, Article 8 of the Municipal Code. The process is summarized as follows:

• Tentative Map – The applicant submits a tentative map to the Development Services Department, which is then routed to all City Departments and other agencies for review, comment, and establishment of the Conditions of Approval. Upon preparation of the Conditions of Approval and the environmental document, the map is taken to the Planning Commission for approval. The tentative map for the subject project was approved by the Planning Commission on June 26, 2019. • Final Map – Upon approval of the tentative map, the applicant submits a Final Map package which includes the Final Map and public improvement plans. • Council Approval – Once it is determined that the Final Map is correct and the Conditions of Approval have been met, the map is taken to the City Council for consideration and approval.
• Recordation of the Final Map – Upon Council approval, the City Clerk certifies the action on the map and it is submitted to the Sutter County Recorder for recordation.

With the recordation of the Final Map, the determined right-of-way and utility easements will be dedicated to the City. Road dedications include Peach Way and Bridge Street.

Fiscal Impact:

None. The Developer has constructed all required improvements and will pay all required development impact fees through the building permit process.

Alternatives:

Delay or modify the recommended actions of approving the Final Map for Bains / Dhadli Subdivision.

Recommendation:

Adopt a Resolution approving the Bains / Dhadli Subdivision Final Map, accepting dedication of rights-of-way and easements shown thereon, and authorizing the filing of the map. [Subdivision is located north of Bridge Street, and approximately 300 feet west of North Walton Avenue] Attachments:

1. Resolution approving the Final Map for Bains/Dhadli Subdivision

2. Location Map
Prepared By: Submitted By:

Kevin Bradford
Deputy P.W. Director – Engineering
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL APPROVING THE BAINS / DHADLI SUBDIVISION FINAL MAP, SUBDIVIDING THE LAND INTO 18 RESIDENTIAL PARCELS AND 2 MULTI-FAMILY

PARCELS, ACCEPTING FOR DEDICATION THE PUBLIC RIGHT-OF-WAY AND UTILITY

EASEMENTS SHOWN THEREON, AND AUTHORIZING THE FILING OF THE MAP WHEREAS, BDS Property Holdings, LLC, A California Limited Liability Company (“subdivider”) owns certain property as identified on Exhibit “A” and has offered for approval a Final Map designated as “Bains / Dhadli Subdivision” ("final map"), pursuant to approved Tentative Map for Bains / Dhadli Subdivision ("tentative map"); and
WHEREAS, the subdivision lies within the boundaries of the City of Yuba City; and WHEREAS, the Planning Commission of the City of Yuba City, by formal resolution, approved said tentative map; and
WHEREAS, the City Engineer has subsequently reviewed the final map and has determined that the conditions of approval associated with the final map have been satisfied, that the final map is in substantial conformance with the tentative map, and that the final map is ready for City Council approval; and
WHEREAS, all the certificates which appear on the final map (except the approval certificate of the Council of the City of Yuba City and the recording certificate of the Recorder of the County of Sutter) have been signed and acknowledged and said final map has been filed for approval; and WHEREAS, the final map conforms to all of the requirements of the Subdivision Map Act of the State of California, and City ordinances, resolutions and standards, except that Section 66492 and 66493 of the Subdivision Map Act may not be fully complied with at the time of passage of this resolution and owner having previously filed with the Clerk of the Board of Supervisors of Sutter County a Tax Compliance Certificate Request along with copies of the final map considered herewith by the Council; and,
WHEREAS, the proposed subdivision, together with the provisions for its design and improvement, is consistent with all applicable general and specific plans of the City; and, WHEREAS, the owner, whose signature(s) appear on the final map, and others have offered for dedication certain streets, public utility easements, access rights and other public properties and uses as shown and delineated upon said final map; and
WHEREAS, required public improvements have been completed by the subdivider as of the filing of the final map; and
WHEREAS, the City Council now desires to approve the final map, accept all dedications thereunder, and authorize the filing of the map.

NOW, THEREFORE, the City Council of the City of Yuba City does resolve as follows:

1. Findings for Final Map: The City Council finds that:
a. The final map is in substantial compliance with the tentative map, any deviations therefrom being deemed to be approved by the Council.

b. The requisite conditions associated with the tentative map have been satisfied, subject to the terms of the Subdivision Agreement approved concurrently herewith. c. The final map is in conformance with the General Plan and any applicable specific plan(s).
d. The final map conforms to all applicable requirements of the Subdivision Map Act of the State of California.

2. Approval of Final Map and Acceptance of Dedications: The City Council approves the final map attached hereto as Exhibit “A”, and subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act prior to release of the final map for recordation. The City Council accepts any and all of the streets, public utility easements, public utility facilities, access rights and all parcels of land and easements offered for dedication on the final map, unless it is stated on the final map that said dedications are subject to City acceptance of subdivider-installed improvements, in which case acceptance shall be subject to improvement in accordance with Section 66477.1 of the California Government Code.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 2 nd day of February, 2025.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit “A” – Final Map (Bains / Dhadli Subdivision, City of Yuba City)

EXHIBIT A

ATTACHMENT 2

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WILDFLOWER
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Figure 1: Location Map: Bains Subdivision
Tentative Subdivision Map 19-03
Project Site
1 inch = 200 feet

Agenda Item 7

CITY OF YUBA CITY

STAFF REPORT
Date: February 4, 2025
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk
Summary
Subject: Approve the 2025 Feather River Air Quality Management District (FRAQMD) Board of Directors
Recommendation: Approve the Member Jurisdiction Appointments to the FRAQMD Board of Directors for 2025
Fiscal Impact: None
Purpose:

Approve changes of the member jurisdiction appointments to the Feather River Air Quality Management District Board of Directors.

Background:

The governing body of the Feather River Air Quality Management District is the nine member Board of Directors that includes five members from the two counties and four members from the four incorporated cities. Whenever a jurisdiction changes a member of the FRAQMD Board, the remaining jurisdictions must approve the new appointees.

Analysis:

A request for approval of the recommended members to the Board of Directors has been received from FRAQMD. The following recommendations have been deemed to be compliant with the 2004 Amended and Restated Agreement:

Name Appointment Jurisdiction
Stuart Gilchrist Director City of Marysville
Bruce Buttacavoli Alternate City of Marysville
Brian Abe Director City of Wheatland
John Abe Alternate City of Wheatland
Aaron Pamma Director City of Live Oak
Jeremy Chapdelaine Alternate City of Live Oak

Fiscal Impact:

None
Alternatives:

Do not approve.

Recommendation:

Approve the Member Jurisdiction Appointments to the FRAQMD Board of Directors for 2025.

Attachments:

1. FRAQMD Board Appointments 2025
Prepared By: Submitted By:

Ciara Wakefield
City Clerk
Diana Langley
City Manager

ATTACHMENT 1

Agenda Item 8

CITY OF YUBA CITY

STAFF REPORT
Date: February 4, 2025
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Quit Claim Deed – Stafford Way at State Route 20 Recommendation: Adopt a Resolution authorizing the Public Works Director to execute a quit claim deed relinquishing street right-of-way to the State of California, Department of Transportation at Stafford Way and State Route 20
Fiscal Impact: Upon relinquishing the right-of-way, Caltrans will assume responsibility for maintenance of the roadway facilities
Purpose:

To facilitate safety improvements at the intersection of Stafford Way and State Route 20 (Colusa Avenue).

Council’s Strategic Goal:

This item addresses City Council’s Strategic Goal of providing maintenance, improvements, and investment in City infrastructure.

Background:

Caltrans has initiated a project to install a new traffic signal and crosswalk at the intersection of Stafford Way and State Route 20 in Yuba City. City staff have been coordinating with Caltrans staff to move the project forward towards construction as early as late 2025.

Caltrans Highway Operations has reviewed traffic counts and operations at the intersection. Based on this review, Stafford Way will operate with permissive phasing, which means left turns from Stafford Way will be allowed by yield. Stafford Way is not wide enough to add dedicated left turn lanes and allowing each leg of Stafford Way to operate independently would cause significant delays on State Route 20. The review also indicates a single crosswalk across State Route 20 on the east side of the intersection will minimize pedestrian/vehicle conflicts.

Analysis:

Caltrans has exclusive rights to maintain Stafford Way to a limit of approximately 50 feet south of State Route 20. However, to implement the proposed traffic signal project, Caltrans needs to obtain rights to do the same on the north side of State Route 20. Caltrans has provided a Quit Claim Deed to the City

(Attachment 1, Exhibit A) for the purpose of obtaining these rights.

The area shown in orange on the attached Appraisal Map (Attachment 2) is the area Caltrans is seeking to obtain rights to. By quit claiming this area to the State, Caltrans will assume maintenance responsibilities for the curb ramps, asphalt, and pavement markings. The City does have storm drain and water utilities it must maintain in the quit claim area. The City’s right to maintain these facilities will be covered by a Consent to Common Use Agreement that Caltrans will provide in the future.

Staff recommends authorizing the Public Works Director to execute the quit claim deed.

Fiscal Impact:

There will be minimal staff time in processing the quit claim deed. Existing budgeted funds will be used for staff’s time to process the quit claim deed. Upon relinquishing the right-of-way to the State, Caltrans will assume responsibility for maintenance of the roadway facilities.

Alternatives:

Council may decide not to deed the Stafford Way right-of-way to the State, which would result in Caltrans abandoning the proposed safety improvements to the intersection of Stafford Way and State Route 20.

Recommendation:

Adopt a Resolution authorizing the Public Works Director to execute a quit claim deed relinquishing street right-of-way to the State of California, Department of Transportation at Stafford Way and State Route 20
Attachments:

1. Attachment 1 - Resolution

2. Exhibit 1A - Quit Claim Deed

3. Attachment 2 - Appraisal Map
Prepared By: Submitted By:

Kevin Bradford
Deputy Public Works Director - Engineering
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AUTHORIZING THE

PUBLIC WORKS DIRECTOR TO EXECUTE A QUIT CLAIM DEED RELINQUISHING

STREET RIGHT-OF-WAY TO THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AT STAFFORD WAY AND STATE ROUTE 20
WHEREAS, the State of California, Department of Transportation (Caltrans) has initiated a project to install a new traffic signal and crosswalk at the intersection of Stafford Way and State Route 20 in Yuba City; and,
WHEREAS, to implement the aforementioned project, Caltrans requires exclusive rights to maintain Stafford Way to a limit of approximately 50 feet north of State Route 20; and WHEREAS, Caltrans has provided a Quit Claim Deed to the City (Exhibit 1A) for the purpose of obtaining the rights; and
WHEREAS, by relinquishing the City’s Stafford Way right-of-way covered by this quit claim deed, Caltrans will assume maintenance responsibilities for the curb ramps, asphalt, and pavement markings; and
WHEREAS, maintenance and operation of the City’s existing storm drain and water utilities in the quit claim area will be covered by a Consent to Common Use Agreement that Caltrans will provide in the future.

NOW, THEREFORE, be it resolved by the City Council of Yuba City as follows:

1. The City Council of the City of Yuba City finds that all the facts set forth in the recitals above are true and current and incorporated herein.

2. The City Council of the City of Yuba City does hereby authorize the Public Works Director to execute a quit claim deed relinquishing Stafford Way right-of-way to the State of California, Department of Transportation at Stafford Way and State Route 20.

The foregoing resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 4th day of February, 2025.

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor

ATTEST:

Ciara Wakefield, City Clerk

APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:

Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit(s):

A. Exhibit 1A – Quit Claim Deed

EXHIBIT 1A

RECORDING REQUESTED BY

DEPARTMENT OF TRANSPORTATION
When Recorded Mail Deed & Applicable
Tax Documents to:

California Department of Transportation
North Region Right of Way
703 B Street, Marysville, California 95901
Fee Exempt Gov. Agency
R & T Code: 11922
DOCUMENTARY TRANSFER TAX $0
Calif. Dept. of Transportation
Documentary Recording Fee
Exempt Per G.C. 27383 $0
Space above this line for Recorder’s Use
QUITCLAIM DEED District County Route Postmile Number
03 SUT 20 16.0 40974-1

CITY OF YUBA CITY,
hereinafter called GRANTOR, hereby releases and quitclaims to the State of California, Department of Transportation, hereinafter called STATE, all right, title and interest in and to all that real property in the City of Yuba City, County of Sutter, State of California, described as follows:

See Exhibit “A”, Legal Description for 40974-1, attached.

Number
40974-1
The GRANTOR further understands that the present intention of the STATE is to construct and maintain a public highway on the lands hereby conveyed and the GRANTOR, for itself and its successors and assigns, hereby waive any and all claims for damages to GRANTOR's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of the highway.

Dated:

[Name of Grantor]

[Name of Grantor]
This is to certify that the State of California, acting by and through the Department of Transportation (according to Section 27281 of the Government Code), accepts for public purposes the real property described in this deed and consents to its recordation.

Dated By
Director of Transportation

By
Attorney in Fact

EXHIBIT “A”
Legal Description for Parcel 40974-1
A portion of that real property described in that Right of Way Deed recorded September 10, 1952, in Book 376 at page 377, Official Records of Sutter County, being a portion of Section 15, Township 15 North, Range 3 East, Mount Diablo Base and Meridian, County of Sutter, State of California, lying southerly of the following described line:

BEGINNING at a point on the existing Northerly Right of Way line of California State Route 20, said point bears North 84° 12' 44” East, 2.56 feet from CADT control monument “SUT20P1595”, being a CADT Brass Disk set in concrete, said point also bears North 86° 20' 15” West, 1995.42 feet from CADT control monument “SUT20P1634”, being a CADT Brass Disk set in concrete THENCE (1) leaving said Northerly Right of Way line, North 02°46’ 40” East, 5.54 feet; THENCE (2) along a non-tangent curve (concave northeasterly), having a radius of 26.34 feet, a length of 40.67 feet, an internal angle of 88°28’ 33”, and a chord of North 42°59’ 03” West, 36.75 feet;
THENCE (3) North 88°32’ 43” West, 67.94 feet, to the easterly boundary of that real property described in that Grant Deed recorded November 12, 2015, in Document Number 2015- 0016538, Official Records of Sutter County.

THENCE (4) along said easterly boundary, along a non-tangent curve (concave northwesterly), having a radius of 30.00 feet, a length of 48.73 feet, an internal angle of 93°03’ 36”, and a chord of South 44°35’ 53” West, 43.54 feet, to a point on the existing Northerly Right of Way line of California State Route 20, said point bears North 88° 23' 31” West, 120.77 feet from CADT control monument “SUT20P1595”, being a CADT Brass Disk set in concrete, said point also bears North 86° 27' 58” West, 2118.65 feet from CADT control monument “SUT20P1634”, being a CADT Brass Disk set in concrete.

The Brass Disc monuments referred to this legal description were set as part of Caltrans project 03-1H770. Datasheets for these monuments are on file at the Caltrans District 3 Office.

The bearings and distances used in this description are on the California Coordinate System of 1983, Epoch 2017.50, Zone 2. Divide distances by 0.999915 to obtain ground distances.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act.

Signature _________________________________
Professional Land Surveyor
Date __________________________________
09/30/2025
Nicholas J. Johnston
LS 9799
September 30, 2024

ATTACHMENT 2

STATE OF CALIFORNIA

CALIFORNIA STATE TRANSPORTATION AGENCY

DEPARTMENT OF TRANSPORTATION RIGHT OF WAY
A-3J680-01

APPRAISAL MAP

Agenda Item 9

CITY OF YUBA CITY

STAFF REPORT
Date: February 4, 2025
To: Honorable Mayor & Members of the City Council;
From: Administration Department
Presentation By: Diana Langley, City Manager
Summary
Subject: Pioneer Community Energy Expansion to Include the City of Yuba City Recommendation: A. Adopt a Resolution requesting membership in Pioneer Community Energy and approving the Amended and Restated Joint Exercise of Powers Agreement as amended through Amendment No. 5; and
B. Adopt an Ordinance of the City Council of the City of Yuba City amending Title 5 of the Yuba City Municipal Code by adding Chapter 27 (Community Choice Aggregation Program) to establish a Community Choice Aggregation Program in the City of Yuba City, by title only, and waive the second reading Fiscal Impact: There is no cost to join Pioneer Community Energy as the cost to new members is funded through Pioneer rates
Purpose:

To offer opportunities to residents and businesses within Yuba City an alternative energy provider option.

Council's Strategic Goal:

This item addresses Council's Strategic Goals of Fiscal Responsibility and Business Friendly.

Background:

Pioneer Community Energy (Pioneer) is a Joint Powers Authority (JPA) formed between the Counties of Placer and El Dorado, the Town of Loomis, and the Cities of Auburn, Colfax, Grass Valley, Lincoln, Nevada City, Placerville, and Rocklin.

Pioneer is a Community Choice Aggregation Program (CCA) authorized under Assembly Bill 117 (2002). The CCA provides local control over the electricity supply with a primary objective of providing competitive rates to the residents and businesses within its member jurisdictions.

Pioneer purchases the electricity supply (generation), and PG&E transmits and delivers the power through PG&E’s infrastructure (poles and wires). PG&E continues to own, operate, and maintain its distribution infrastructure, as well as to provide meter reading and billing services for Pioneer’s

customers.

On June 18, 2024, the Pioneer executive team gave a presentation to the City Council. This presentation was an overview of the many benefits of CCAs in general and Pioneer specifically. At this meeting, Council authorized staff to proceed with an Impact Assessment Study. The Impact Assessment Study was completed in September and an overview presentation was provided to staff.

At the December 19, 2024, Pioneer Governing Board meeting, the Board approved unanimously to allow staff to begin the process of amending the JPA to allow the Counties of Butte, Nevada, Sutter, and Tuolumne; the Cities of Chico, Oroville, Live Oak, Sonora, and Yuba City; and the Town of Paradise to join.

At the January 21, 2025, Council meeting, Pioneer staff provided a presentation on the results of the Impact Assessment Study and highlighted some of the benefits of joining Pioneer. • Stable and Competitive Rates – From 2018 through 2023, Pioneer customers have saved $85 million, with an additional $21 million in anticipated savings in 2024. • Local Control – As a member of the JPA, the City/County will have one seat on the Pioneer Board of Directors. This person is appointed by the Council/Board from the elected officials. All meetings are open to the public and every representative’s voice will be heard. • Legislative & Regulatory Influence & Advocacy – Pioneer is an advocate for the member agency residents and businesses by working with the California State Legislature, the California Public Utilities Commission (CPUC), the California Energy Commission, and PG&E on behalf of customer interests and concerns.
• Local Jobs and Power Supply Resources – Pioneer supports local business and prioritizes local power contracts, goods and services. The projected savings for Pioneer customers will result in additional spending by residents and businesses, further stimulating the local economy. • Programs – The new members will have an impact on energy efficiency programs that are developed and the ability to customize programs to meet their specific needs.

Council conducted a public hearing, in which Phil Treanor spoke and noted that he introduced Sutter County and Yuba City to Pioneer. He indicated that he thought the City should do more research related to other CCA's available for potential participation. Upon closure of the public hearing, Council approved the introduction of the attached Ordinance.

Analysis:

In order to join Pioneer, the City Council needs to adopt a Resolution requesting to join and to approve Pioneer's Amended and Restated Joint Exercise of Powers Agreement, as amended through Amendment No. 5.

In order to allow the City to join a CCA, the City Council needs to adopt the attached Ordinance amending Title 5 of the Yuba City Municipal Code by adding Chapter 27 (Community Choice Aggregation Program) to establish a Community Choice Aggregation Program in the City.

Once approved by the potential expansion agencies, Pioneer plans to submit an Implementation Plan detailing Pioneer’s expansion and planned service launch to the CPUC in March 2025. Based on results of the Impact Assessment Study, the optimal time for a service launch into expansion territories is October 2027, which allows Pioneer’s procurement team the time needed to secure power resources while remaining in compliance and avoids the costly summer months. Pioneer will work with the City on a comprehensive education and outreach campaign to ensure a strong public understanding of expansion into each area.

Fiscal Impact:

There is no cost to the City to join Pioneer Community Energy as the cost to new members is funded through Pioneer rates. Also, joining Pioneer Community Energy will provide Yuba City businesses and residents with another option for the purchase of power.

Alternatives:

Do not authorize joining Pioneer Community Energy as a member agency.

Recommendation:

A. Adopt a Resolution requesting membership in Pioneer Community Energy and approving the Amended and Restated Joint Exercise of Powers Agreement as amended through Amendment No. 5; and
B. Adopt an Ordinance of the City Council of the City of Yuba City amending Title 5 of the Yuba City Municipal Code by adding Chapter 27 (Community Choice Aggregation Program) to establish a Community Choice Aggregation Program in the City of Yuba City, by title only, and waive the second reading
Attachments:

1. Resolution - Requesting Membership In Pioneer Community Energy

2. Exhibit A to Resolution - Amended and Restated JPA

3. Ordinance - Community Choice Aggregation
Prepared By: Submitted By:

Diana Langley
City Manager
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY

REQUESTING MEMBERSHIP IN PIONEER COMMUNITY ENERGY AND APPROVING THE

AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT AS AMENDED THROUGH AMENDMENT NO. 5
WHEREAS, on September 24, 2002, the Governor of California signed into law Assembly Bill 117 (Statute 2002, Chapter 838; see California Public Utilities Code section 366.2; hereinafter referred to as the “Act”), which authorizes any California city or county, whose governing body so elects, to combine electricity load of its residents and businesses in a Community Choice Aggregation program (CCA). The Act expressly authorizes participation in a CCA through a joint powers authority; and
WHEREAS, on September 9, 2015, the County of Placer and the City of Colfax entered into the original Joint Exercise of Powers Agreement for the purpose of establishing the Sierra Valley Energy Authority as a joint powers authority under the Joint Exercise of Powers Act, Government Code section 6500, et seq.; and
WHEREAS, the California Public Utilities Commission certified the “Implementation Plan” of Pioneer, confirming Pioneer’s compliance with the requirements of the Act; and WHEREAS, on February 22, 2017, Pioneer Community Energy (Pioneer) was established as a joint powers authority pursuant to an Amended and Restated Joint Powers Agreement, as amended from time to time, for the establishment of a CCA; and WHEREAS, Resolution No. 2017-3 of the Sierra Valley Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy (“Pioneer”), as it is known today; and
WHEREAS, subsequent amendments to the Amended and Restated JPA have authorized the County of El Dorado and the Cities of Grass Valley, Nevada City, and Placerville to become Voting Members; and
WHEREAS, currently electricity is generated and provided to the residents of the City of Yuba City by Pacific Gas and Electric Company (PG&E) with no alternative provider for the City of Yuba City; and
WHEREAS, the City of Yuba City finds it important that its residents, businesses and public facilities have alternative choices to energy procurement beyond PG&E; and WHEREAS, in June 2024, the City of Yuba City and Pioneer began discussions and studies to consider the financial feasibility and assessed risk of the addition of the City of Yuba City into the service area of Pioneer; and
WHEREAS, having conducted additional discussions with Pioneer and having reviewed the results of the impact analysis co-commissioned by the City Council of the City of Yuba City and Pioneer, the City of Yuba City believes joining Pioneer will provide financial and other advantages to businesses and residents of the City of Yuba City by providing alternative choices to energy procurement beyond PG&E; and

WHEREAS, the Amended and Restated Joint Exercise of Powers Agreement requires a prospective member to individually adopt a resolution of intent expressing desire to become a member of the Joint Powers Authority, agree to be bound by the Joint Exercise of Power Agreement, and its intention to have the City of Yuba City of the member’s jurisdiction included in the service City of Yuba City of the CCA; and
WHEREAS, the City of Yuba City finds that adoption of this resolution is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, as it is not a “project” since it has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Reg. § 15378). Further, the resolution is exempt from CEQA, as there is no possibility that the resolution or its implementation would have a significant effect on the environment. (14 Cal. Code Reg. § 15061(b)(3)).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUBA CITY HEREBY RESOLVES AS FOLLOWS:

Section 1. The recitals above are true and correct and are incorporated into this resolution by this reference.

Section 2. The City Council of the City of Yuba City hereby expresses its desire to become a member of the Pioneer Community Energy Joint Powers Authority.

Section 3. The City Council of the City of Yuba City requests that the Board of Directors of Pioneer Community Energy approve the City as a member of the Pioneer Community Energy Joint Powers Authority.

Section 4. The City Council of the City of Yuba City approves the Amended and Restated Joint Exercise of Powers Agreement, as amended through Amendment No. 5 (attached hereto as Exhibit A and incorporated as if fully set forth herein) and authorizes the Mayor of the City of Yuba City to execute same.

Section 5. The City Council of the City of Yuba City authorizes the City Manager, or designee, to execute other documents necessary or desirable to facilitate membership in Pioneer Community Energy, subject to review and approval by the City Attorney.

Section 6. This resolution shall take effect at the time Ordinance No. ______, Authorizing the Implementation of a Community Choice Aggregation Program in the City of Yuba City, becomes effective.

I HEREBY CERTIFY that the foregoing resolution was introduced and read at a Regular Meeting of the City Council of the City of Yuba City on the 21st day of January 2025, and was duly adopted at said meeting by the following vote:

AYES:

NOES:

ABSENT:

Dave Shaw, Mayor
ATTEST:

Ciara Wakefield, City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
________________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit:

A. Amended and Restated Joint Exercise of Powers Agreement, as amended through Amendment No. 5

ATTACHMENT 2

EXHIBIT A TO RESOLUTION

I
AMENDMENT NO. 1 TO THE AMENDED AND RESTATED JOINT EXERCISE

OF POWERS AGREEMENT FOR PIONEER COMMUNITY ENERGY
[FORMERLY SIERRA VALLEY ENERGY]
THIS AMENDMENT (hereafter "Amendment") amends the Amended and Restated Joint Exercise of Powers Agreement (hereafter "Amended and Restated JPA") with the effective date of February 22, 2017 which was by and between the COUNTY OF PLACER, the CITY OF AUBURN, the CITY OF COLFAX, the CITY OF LINCOLN, the TOWN OF LOOMIS, and the CITY OF ROCKLIN, all public entities of the State of California. By this Amendment it becomes the Joint of Exercise of Powers Agreement by and between the COUNTY OF PLACER, the CITY OF AUBURN, the CITY OF COLFAX, the TOWN OF LOOMIS, theCITY OF LINCOLN, the CITY OF ROCKLIN, and the County of El Dorado and the City of Placerville who become signatories to this Amendment (the "New Voting Members", and together with the COUNTY OF PLACER, the CITY OF AUBURN, the CITY OF COLFAX, the CITY OF LINCOLN, the TOWN OF LOOMIS, and the CITY OF ROCKLIN, the "Voting Members"), as well as those local agencies that become signatories to this Amendment asAssociate Members, and related to the joint exercise of powers among all of the signatorieshereto either as Voting Members or Associate Members (hereafter collectively referred to as the "Members").

WHEREAS, on September 9, 2015 the COUNTY OF PLACER and the CITY OF COLFAX entered into a Joint Exercise of Powers Agreement (hereafter "Original JPA") for the purpose of providing a financing conduit program expansion platform for the mPOWERProgram; and WHEREAS, the Amended and Restated JPA became effective on Febmary 22, 2017 and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town ofLoomis to become Voting Members; and
WHEREAS, one of the primary purposes of the Amended and Restated IPA was to allow for the establishment of a Community Choice Aggregation Program within the jurisdictions ofthe Voting Members; and WHEREAS, Resolution No. 2017-3 of the Sierra Valley Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy, as it is knowntoday;and WHEREAS, the Voting Members wish to amend the Amended and Restated JPA a first time to add the County of El Dorado and the City ofPlacerville as Voting Members.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT THE FOLLOWING CHANGES

AND ADDITIONS ARE HEREBY MADE IN THE AMENDED AND RESTATED JOINT POWERS AGREEMENT:

1. Section 5.A shall be replaced by the following:
1

Section 5. Governance and Internal Organization
A. Governing Board. The governing body of the Authority shall consist of up to a nine (9) person Board, consisting of two (2) members of the Placer County Boardof Supervisors, and one (1) member each appointed by the El Dorado CountyBoard of Supervisors, the Cities of Auburn, Colfax, Rocklin, Lincoln, Placerville and the Town ofLoomis that becomes a signatory to this Agreement ("Board Member").

The Board of Supervisors from Placer County, the Board of Supervisors from El Dorado County, and the City/Town Councils set out above shall respectfullyappoint such member(s) and not less than one alternate member. The term ofoffice of each Board Member and respective alternate may be terminated at any time by the appointing Board of Supervisors or City/Town Council. The designated alternate shall have authority to attend, participate, and vote at anymeeting of the Board or committee whenever the regular member, for whom theyare designated to act as an alternate, is absent from the meeting.

2. Section 10.D shall be replaced by the following:

Section 10. Implementation Action and Authority Documents D. Implementation Plan and Statement of Intent. The Authority shall cause to be prepared an Implementation Plan and Statement of Intent meeting the requirements of California Public Utilities Code Section 366.2 and any applicableCalifornia Public Utilities Commission regulations. The Implementation Plan andStatement of Intent shall specify the service territory of the CCA to be within the boundaries of the Member jurisdictions that have taken the actions specified in Aand B above. The Implementation Plan and Statement of Intent shall not be filed with the California Public Utilities Commission until it is approved by the Board in the manner provided in Section 5.

If a City or County adopts an ordinance and resolution pursuant to A and B above,expressing its desire to become a Member to this Agreement subsequent to thefiling of the then most recently filed Implementation Plan and Statement of Intent, the Board shall direct the preparation and filing of a new or amendedImplementation Plan and Statement of Intent to include the territory of the Countyor City as soon as reasonably practicable. The Board may require the County or City to pay the cost of preparation and submission of the Implementation Plan and Statement of Intent. Upon California Public Utilities Commission certification of the new or amended Implementation Plan and Statement of Intent, the Board shalltake action to approve membership of the County or City. The County or Cityshall then be entitled to all rights under this Agreement, including a seat on the Board and voting rights pursuant to Section 5.A and Section 8. 2

3. Counterparts.

This Amendment may be executed in counterparts and be as valid and binding as if eachMember signed the same copy. A faxed or scanned copy of the executed signature page shall be sufficient to cause the terms of this Amendment to become fully operative. Theeffective date of this Amendment shall be the date it is approved by the Pioneer Board.

IN WITNESS WHEREOF, the Voting Members have executed this Amendment No. 1 to the Amended and Restated Joint Powers Agreement for Pioneer Community Energy.

EXECUTED ON
B
n
^
J
COUNTY OF EL DORADO, a political
subdivision
And approved as to form
'i^l^y, ^oar3'of Supervisors
in Hidahl, First Vice Chair
^
s
z /^

SIGNATURES CONTINUED ON NEXT PAGE
3

EXECUTED ON COUNTY OF PLACER, a political
s
And
ubdivision
approved
~
as ~
.~

SIGNATURES CONTINUED ON NEXT PAGE

EXECUTED ON By µ~:~
Mayor, City CounciV
CITY OF AUBURN, a Municipal Corporation
And approved as to form 4 '5.~
ATTEST:
~. ~ (J,t.&c.

SIGNATURES CONTINUED ON NEXT PAGE
5

EXECUTED ON CITY OF COLFAX, a M??: S~
And approved as to form ~---=....L-~ --' ~~--=---
ATTEST:~ -

SIGNATURES CONTINUED ON NEXT PAGE
6

EXECUTED ON
By--'-1~-l--~------
Mayor, City Council
CITY OF LINCOLN, a Municii:1 I Cm oration
And approved as to form 'J.- 5 0
.Yr(;

SIGNATURES CONTINUED ON NEXT PAGE
7

EXECUTED ON CITY OF ROCKLIN, a Municipal Corporation
And approved.as to form:
9/AII& Crl/4,(h---:==--- Sheri Chapman, City Attorney

SIGNATURES CONTINUED ON NEXT PAGE
9

Before the Governing Board of
Pioneer Community Energy
In the matter of: A RESOLUTION APPROVING
AMENDMENT NO. 2 TO THE AMENDED AND Resolution No.: 2021-3

REST A TED JOINT EXERCISE OF POWERS

AGREEMENT FOR PIONEER COMMUNITY ENERGY
REMOVING THE WEIGHTED VOTE PROVISIONS.
-----
The following Resolution was duly passed by the Governing Board of Pioneer Community Energy at a regular meeting held January 21, 2021, by the following vote on roll call:

Ayes: Duncan, Gore, Dowdin Calvillo, Janda, Holmes.

Noes: None.

Absent: Karleskint, Mendoza.

Signed and approved by me after its passage.
~
Attest:

WHEREAS, the Sierra Valley Energy Authority was established on September 9, 2015, between the County of Placer and the City of Colfax; and
WHEREAS, the Sierra Valley Energy Authority was originally created for the purpose of providing a financing conduit and program expansion platform for the mPOWER Program; and WHEREAS, counties and cities have the power under California law to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, by providing a Community Choice Aggregation Program, pursuant to California Public Utilities Code Sections 331.1 and 366.2; and
WHEREAS, the Amended and Restated Joint Exercise of Power Agreement for the Sierra Valley Energy Authority (the "Amended and Restated JPA") became effective on February 22, 2017; and

WHEREAS, the Amended and Restated JPA allowed for the establishment of a Community Choice Aggregation Program (the "CCA") within the jurisdictions of the Voting Members and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members; and
WHEREAS, on July 17, 2017 the Governing Board of the Sierra Valley Energy Authority took action to rename and brand Sierra Valley Energy Authority as Pioneer Community Energy ("Pioneer"); and
WHEREAS, an amendment to the Amended and Restated JPA requires the affirmative vote of at least two-thirds of the Board Members pursuant to Section 8.A of the Amended and Restated JPA; and
WHEREAS, the Governing Board wishes to amend the Amended and Restated JPA a second time to remove those provisions allowing for or referencing a weighted voted based on calculated voting shares.

BE IT RESOLVED, the Board of Pioneer Community Energy, State of California, hereby finds, declares, and resolves as follows:

1. The above recitals are true and correct.

2. This Amendment No. 2 to the Amended and Restated Joint Exercise of Powers Agreement for Pioneer Community Energy eliminates the provision allowing for a weighted vote based on calculated voting shares and related references to a weighted vote.

3. The Governing Board hereby approves Amendment No. 2 to the Amended and Restated Joint Powers Agreement for Pioneer Community Energy under the Joint Powers Law, in the form attached hereto as Exhibit A. The Chair is hereby authorized and directed to execute Amendment No. 2 to the Amended and Restated Joint Powers Agreement for Pioneer Community Energy in the name and on behalf of the Governing Board.

4. This Resolution shall take effect immediately upon its adoption.

Exhibit: Amendment No. 2 to the Amended and Restated JPA

AMENDMENT NO. 2 TO THE AMENDED AND RESTATED JOINT EXERCISE

OF POWERS AGREEMENT FOR PIONEER COMMUNITY ENERGY
[FORMERLY SIERRA VALLEY ENERGY]
THIS AMENDMENT (hereafter "Amendment") amends the Amended and Restated Joint Exercise of Powers Agreement (hereafter "Amended and Restated JP A") with the effective date of February 22, 2017 which was by and between the COUNTY OF PLACER, the CITY OF AUBURN, the CITY OF COLFAX, the CITY OF LINCOLN, the TOWN OF LOOMIS, and the CITY OF ROCKLIN, all public entities of the State of California, (the "Voting Members"), as well as those local agencies that become signatories to this Amendment as Associate Members, and related to the joint exercise of powers among all of the signatories hereto either as Voting Members or Associate Members (hereafter collectively referred to as the "Members").

WHEREAS, on September 9, 2015 the COUNTY OF PLACER and the CITY OF COLP AX entered into a Joint Exercise of Powers Agreement (hereafter "Original JPA") for the purpose of providing a financing conduit program expansion platform for the mPOWER Program; and
WHEREAS, the Amended and Restated JPA became effective on February 22, 2017 and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members; and
WHEREAS, one of the primary purposes of the Amended and Restated JPA was to allow for the establishment of a Community Choice Aggregation Program within the jurisdictions of the Voting Members; and
WHEREAS, Resolution No. 2017-3 of the Sierra Valley Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy, as it is known today; and
WHEREAS, the Voting Members wish to amend the Amended and Restated JP A a second time to remove those provisions allowing for or referencing a weighted vote based on calculated voting shares.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT THE FOLLOWING CHANGES

AND ADDITIONS ARE HEREBY MADE IN THE AMENDED AND RESTATED JOINT POWERS AGREEMENT:

I. Section 5.C shall be replaced by the following:

C. Powers and Functions of the Board. The Board will exercise governance, policy guidance and oversight over the business and activities of the Authority, consistent with this Agreement and applicable law. Action by the Authority Board will be taken by majority vote of the Board Members present. 1

2. Section 8.D shall be removed it its entirety.

3. Section 15.D shall be replaced by the following:

D. Disposition of Property upon Termination of Authority. Upon termination of this Agreement, any surplus money or assets in possession of the Authority for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any program documents, shall be returned to the then-existing Voting Members in proportion to the contributions made by each. If no such contributions have been made, then such surplus after payment of all liabilities, costs, expenses, and charges shall be distributed to each Voting Member based on Annual Energy Use Divided by Total Annual Energy, multiplied by 100. "Annual Energy Use" means the annual electricity usage, expressed in kilowatt hours ("kWh") within the Voting Member's respective jurisdiction, and "Total Annual Energy" means the sum of all the Members Annual Energy Use. All measures of kilowatt hours shall be set using the electric load forecast upon which the current annual budget was based. If a Member has more than one Board Member, the distribution will be made pursuant to the above calculation as it relates to the respective jurisdiction.

IN WITNESS WHEREOF, the Governing Board of Pioneer Community Energy has approved this Amendment No. 2 to the Amended and Restated Joint Powers Agreement for Pioneer Community Energy.

EXECUTED ON I,. ?:1-2. 0 l / Approved as to form ________ _ ATTEST:
nergy ~gy
oard Governing Board
2

Before the Governing Board of
Pioneer Community Energy
In the matter of: A Resolution Approving Amendment
No. 4 to the Amended and Restated Joint Exercise of
Powers Agreement ("JPA") for Pioneer Community
Energy to Amend the Limitations on Power
Designation in the Joint Powers Agreement
Resolution No.: 2022-4
-----
The following Resolution was duly passed by the Governing Board of Pioneer Community Energy at a regular meeting held January 20, 2022, by the following vote on roll call:

Ayes: Dowdin Calvillo, Duncan, Heathcock, Hidahl, Holmes, Janda, Jones, Karleskint, Saragosa.

Noes: None.

Absent: None.

Signed and approved by me after its passage.
~ Jlic_Q_~ JJ()J}u(ilip
Chair of the Governing Board
Attest:

Secretary
WHEREAS, the Sierra Valley Energy Authority was established on September 9, 2015, between the County of Placer and the City of Colfax, as a joint powers agency pursuant to the Joint Exercise of Powers Act (Government Code Sections 65000 et seq.): and WHEREAS, the Sierra Valley Energy Authority was originally created for the purpose of providing a financing conduit and program expansions platform for the mPOWER Program; and WHEREAS, counties and cities have the power under California law to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, by providing a Community Choice Aggregation Program, pursuant to California Public Utilities Code Sections 331.1 and 366.2; and
WHEREAS, the Amended and Restated Joint Exercise of Power Agreement for the Sierra Valley Energy Authority (the "Amended and Restated JPA") became effective on February 22, 2017; and
WHEREAS, the Amended and Restated JPA allowed for the establishment of a Community Choice Aggregation Program ("CCA") within the jurisdictions of the Voting Members and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members; and

Resolution No. 2022-4
January 20, 2022
WHEREAS, on July 17, 2017, the Governing Board of the Sierra Valley Energy Authority took action to rename the brand Sierra Valley Energy Authority as Pioneer Community Energy ("Pioneer"); and
WHEREAS, Section 8.A of the Amended and Restated JPA requires the affirmative vote of at least two-thirds of the Board Members of Pioneer; and
WHEREAS, the Governing Board has previously approved three amendments to the Amended and Restated JPA; and
WHEREAS, pursuant to Government Code Section 6509, the manner in which Pioneer exercises its power is subject to the restrictions upon the manner of exercising power of one of the member agencies, as designated in the Amended and Restated JPA; and WHEREAS, the Governing Board wishes to amend the Amended and Restated JPA a fourth time to change the member agency identified for purposes of Government Code Section 6509 from the County of Placer to the City of Colfax; and
WHEREAS, consistent with Section 19 of the Amended and Restated JPA, Pioneer provided written notice of the proposed fourth amendment to each Voting Member at least 30 days prior to the date the Governing Board intended to vote on the amendment.

BE IT RESOLVED, the Governing Board of Pioneer Community Energy, State of California, hereby finds, declares, and resolves as follows:

1. The above recitals are true and correct.

2. This Amendment No. 4 to the Amended and Restated Joint Exercise of Powers Agreement for Pioneer Community Energy provides that, for purposes of Government Code Section 6509, the powers of Pioneer Community Energy shall be exercised subject to the limitations on the manner of exercising such powers as are imposed on the City of Colfax, rather than the County of Placer.

3. The Governing Board hereby approves Amendment No. 4 to the Amended and Restated Joint Powers Agreement for Pioneer Community Energy, in the form attached hereto as Exhibit A. The Chair is hereby authorized and directed to execute Amendment No. 4 to the Amended and Restated JPA for Pioneer Community Energy in the name and on behalf of the Board.

3. This Resolution shall take effect immediately upon its adoption.

Exhibit A: Amendment No. 4 to the Amended and Restated JPA 2

AMENDMENT NO. 4 TO THE AMENDED AND RESTATED JOINT EXERCISE OF

POWERS AGREEMENT FOR PIONEER COMMUNITY ENERGY (FORMERLY

SIERRA VALLEY ENERGY)
THIS AMENDMENT (hereafter "Amendment") amends the Amended and Restated Joint Exercise of Powers Agreement (hereafter "Amended and Restated JPA") with the effective date of February 22, 2017 which was by and between the COUNTY OF PLACER, the CITY OF AUBURN, the CITY OF COLFAX, the CITY OF LINCOLN, the TOWN OF LOOMIS, and the CITY OF ROCKLIN, and as executed pursuant to Amendment No. I to the Amended and Restated JPA by the COUNTY OF EL DORADO and the CITY OF PLACERVILLE, all public entities of the State of California, (the "Voting Members") as wells as those local agencies that became signatories to this Amendment as Associate Members, and related to the joint exercise of powers among all of the signatories hereto either as Voting Members or Associate Members (hereafter collectively referred to as the "Members"); and WHEREAS, on September 9, 2015, the COUNTY OF PLACER and the CITY OF COLFAX, entered into a Joint Exercise of Powers Agreement (hereafter "Original JP A") for the purpose of providing a financing conduit program expansion platform for the mPOWER Program; and
WHEREAS, the Amended and Restated JP A became effective on February 22, 2017 and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members; and
WHEREAS, one of the primary purposes of the Amended and Restated JP A was to allow for the establishment of a Community Choice Aggregation Program within the jurisdiction of the Voting Members; and
WHEREAS, Resolution 2017-3 of the Sierra Valley Clean Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy, as it is known today; and
WHEREAS, Amendment No. 1 to the Amended and Restated JPA, which was approved by the Governing Board on December 27, 2020 and became effective March 9, 2021, authorized the County of El Dorado and the City of Placerville to become Voting Members; and WHEREAS, Amendment No. 2 to the Amended and Restated JPA, which was approved by the Governing Board on January 21, 2021, eliminated the provision allowing for a weighted vote based on calculated voting shares and related references to a weighted vote; and WHEREAS, Amendment No. 3 to the Amended and Restated JP A, which was approved by the Governing Board on April 15, 2021, removed the requirement that the Placer County Treasurer and Placer County Auditor-Controller serve as the Treasurer and Auditor-Controller of Pioneer, and allowed the Governing Board to appoint the Treasurer and Auditor in compliance with Government Code Section 6500 et seq.; and
13065-000 I \26 l I 497v I .doc

WHEREAS, the Governing Board desires to amend the Amended and Restated JP A a fourth time to provide that, for purposes of Government Code Section 6509, the powers of Pioneer Community Energy shall be exercised subject to the restrictions upon the manner of exercising such powers as are imposed on the City of Colfax, rather than the County of Placer.

NOW THEREFORE, IT IS MUTUALLY AGREED THAT THE FOLLOWING CHANGES

AND ADDITIONS ARE HEREBY MADE IN THE AMENDED AND RESTATED JOINT POWERS AGREEMENT:

1. The final sentence of the first paragraph under Section 4 (Powers) shall be amended to read:
"As required by Government Code Section 6509, the power of the Authority is subject to the restrictions upon the manner of exercising power possessed by the City of Colfax."

2. Except as specifically amended above, all other provisions of the Amended and Restated JP A shall remain in full force and effect.

IN WITNESS WHEREOF, the Governing Board of Pioneer Community Energy has approved this Amendment No. 4 to the Amended and Restated Joint Powers Agreement for Pioneer Community Energy.

EXECUTED ON: 9-ot,~ :J(JoJ-J Approved as to form: _____ _ By ~~ W C,c&ulOOD
Chair, Pioneer Community Energy
Governing Board
I 3065-0001\26 1 I 497v I.doc
ATTEST:
/ Secretary, Pioneer Community Energy
Governing Board
-2-

-2-
13065-0001\2611497v1.doc
WHEREAS, the Governing Board desires to amend the Amended and Restated JPA a fourth time to provide that, for purposes of Government Code Section 6509, the powers of Pioneer Community Energy shall be exercised subject to the restrictions upon the manner of exercising such powers as are imposed on the City of Colfax, rather than the County of Placer.

NOW THEREFORE, IT IS MUTUALLY AGREED THAT THE FOLLOWING CHANGES

AND ADDITIONS ARE HEREBY MADE IN THE AMENDED AND RESTATED JOINT POWERS AGREEMENT:

1. The final sentence of the first paragraph under Section 4 (Powers) shall be amended to read:
“As required by Government Code Section 6509, the power of the Authority is subject to the restrictions upon the manner of exercising power possessed by the City of Colfax.”

2. Except as specifically amended above, all other provisions of the Amended and Restated JPA shall remain in full force and effect.

IN WITNESS WHEREOF, the Governing Board of Pioneer Community Energy has approved this Amendment No. 4 to the Amended and Restated Joint Powers Agreement for Pioneer Community Energy.

EXECUTED ON: ___________________ Approved as to form: ________________ By: _______________________________
Chair, Pioneer Community Energy
Governing Board
ATTEST:
__________________________________
Secretary, Pioneer Community Energy
Governing Board
Approved as to form: ________________

Before the Governing Board of
Pioneer Community Energy
In the matter of: RESOLUTION APPROVING
AMENDMENT NO. 5 TO THE AMENDED AND

RESTATED JOINT EXERCISE OF POWERS

AGREEMENT FOR PIONEER COMMUNITY

ENERGY EXPANDING PIONEER COMMUNITY

ENERGY'S JOINT POWERS AUTHORITY

MEMBERSHIP
Resolution No. 2022-26
The following Resolution was duly passed by the Governing Board of Pioneer Community Energy at a regular meeting held November 17, 2022, by the following vote on roll call:

Ayes: Oowdin Calvillo, Duncan, Heathcock, Hidahl, Thomas.

Noes: None.

Absent: Holmes, Janda, Jones, Karleskint.

Signed and approved by me after its passage.

Chair of the Governing Board
Attest:
~ Secretary
WHEREAS, the Sierra Valley Energy Authority was established on September 9, 2015, between the County of Placer and the City of Colfax; and
WHEREAS, the Sierra Valley Energy Authority was originally created for the purpose of providing a financing conduit and program expansion platform for the mPOWER Program; and WHEREAS, counties and cities have the power under California law to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, by providing a Community Choice Aggregation Program, pursuant to California Public Utilities Code Sections 331.1 and 366.2; and
WHEREAS, the Amended and Restated Joint Exercise of Power Agreement for the Sierra Valley Energy Authority (the "Amended and Restated JPA") became effective on February 22, 2017; and
WHEREAS, the Amended and Restated JPA allowed for the establishment of a Community Choice Aggregation (the "CCA") within the jurisdictions of the Voting Members and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members; and WHEREAS, on July 17, 2017, the Governing Board of the Sierra Valley Energy Authority took action to rename and brand Sierra Valley Energy Authority as Pioneer Community Energy ("Pioneer"); and

Resolution 2022-26
WHEREAS, on December 17,2020, the Governing Board approved Amendment No. 1 to the JPA to authorize the City of Placerville and Unincorporated El Dorado County to become Voting Members; and
WHEREAS, both the Cities of Grass Valley and Nevada City expressed a desire to join Pioneer for the purpose of participating in Pioneer's Community Choice Aggregation Program ("CCA Program"); and
WHEREAS, the Grass Valley and Nevada City Councils both took appropriate steps toward offering CCA service within their respective communities, adopting requisite resolutions and ordinance at duly noticed meeting of the municipalities' governing councils; and WHEREAS, an impact assessment was performed to analyze the feasibility of expanding Pioneer's CCA Program service territory into the Cities of Grass Valley and Nevada City, the results of which showed such an expansion to be beneficial to both existing Pioneer ratepayers, and potential ratepayers in the Cities of Grass Valley and Nevada City; and WHEREAS, each existing Voting Member has adopted respective resolutions approving Amendment No. 5 to the Amended and Restated JPA to provide for the Cities of Grass Valley and Nevada City to become Voting Members pursuant to the requirements of the Amended and Restated JPA; and
WHEREAS, the City Councils of the Cities of Grass Valley and Nevada City have adopted respective resolutions approving the Amended and Restated JPA and Amendment No. 5 to the Amended and Restated JPA; and
WHEREAS, pursuant to section 8 of the Amended and Restated JPA, an amendment requires an affirmative vote of at least two-thirds of the Pioneer Board Members; and WHEREAS, Pioneer provided written notice to each Voting Member 30 days prior to the date the Pioneer Board intended to vote on an amendment to the Amended and Restated JPA as required by section 19 of the Amended and Restated JPA; and WHEREAS, to these ends, the Pioneer Board desires to approve Amendment No. 5 to the Amended and Restated JPA to provide for the Cities of Grass Valley and Nevada City to become Voting Members under the Amended and Restated JPA for Pioneer Community Energy conditioned on an effective upon receipt of certification of Addendum No. 2 to the Implementation Plan and Statement of Intent from the California Public Utilities Commission.

BE IT RESOLVED, the Governing Board of Pioneer Community Energy, State of California, hereby finds, declares, and resolves as follows:
2 1. The above recitals are true and correct.

2. This Amendment No. 5 to the Amended and Restated Joint Exercise of Powers Agreement for Pioneer Community Energy provides for admission of the Cities of Grass Valley and Nevada City as Voting Members.

3. The Pioneer Community Energy Board of Directors hereby approves Amendment No. 5 to the Amended and Restated Joint Powers Agreement for Pioneer Community Energy under Joint Powers Law, in the form attached hereto as Exhibit A The Chair is hereby authorized and directed to execute Amendment

Resolution 2022-26
No. 5 to the Amended and Restated Joint Powers Agreement for Pioneer Community Energy in the name and on behalf of the Board.

4. Pioneer Staff is hereby authorized to file Amendment No. 5 to the Amended and Restated Joint Powers Agreement for Pioneer Community Energy with the Secretary of State, LAFCos with jurisdiction over Pioneer's service territory, and to take all other necessary steps to implement Amendment No. 5.

5. This Resolution shall take effect immediately upon its adoption.

Exhibit A: Amendment No. 5 to the Amended and Restated JPA 3

AMENDMENT NO. 5 TO THE AMENDED AND RESTATED JOINT EXERCISE

OF POWERS AGREEMENT FOR PIONEER COMMUNITY ENERGY
THIS AMENDMENT (hereafter "Amendment") amends the Amended and Restated Joint Exercise of Powers Agreement (hereafter "Amended and Restated JPA ") with the effective date of February 22, 2017 which was by and between the COUNTY OF PLACER, the CITY OF AUBURN, the CITY OF COLFAX, the CITY OF LINCOLN, the TOWN OF LOOMIS, and the CITY OF ROCKLIN, and as executed pursuant to Amendment No. 1 to the Amended and Restated JPA by the COUNTY OF EL DORADO and the CITY OF PLACERVILLE all public entities of the State of California. By this Amendment the City of Nevada City and the City of Grass Valley (collectively, the "New Voting Members") become signatories to the Amended and Restated JPA.

WHEREAS, on September 9, 2015 the COUNTY OF PLACER and the CITY OF COLFAX entered into the original Joint Exercise of Powers Agreement for the purpose of establishing the Sierra Valley Energy Authority as a joint powers authority under the Joint Exercise of Powers Act, Government Code Section 6500, et seq.; and WHEREAS, the Amended and Restated JPA became effective on February 22, 2017 and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members of the Joint Exercise of Powers Agreement and established a Community Choice Aggregation Program within the jurisdictions of the Voting Members; and WHEREAS, Resolution No. 2017-3 of the Sierra Valley Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy, as it is known today; and
WHEREAS, Amendment No. I to the Amended and Restated JP A, which was approved by the Governing Board on December 27, 2020 and became effective March 9, 2021, authorized the County of El Dorado and the City of Placerville to become Voting Members; and WHEREAS, the Voting Members wish to amend the Amended and Restated JP A a fifth time to add the City of Nevada City and the City of Grass Valley as Voting Members.

NOW, THEREFORE, IT IS MUTUALLY AGREED THAT THE FOLLOWING CHANGES

AND ADDITIONS ARE HEREBY MADE IN THE AMENDED AND RESTATED JOINT POWERS AGREEMENT:

I. Section 5.A shall be replaced by the following:

Section 5. Governance and Internal Organization
A. Governing Board. The governing body of the Authority shall consist ofup to a eleven (11) person Board, consisting of two (2) members of the Placer County Board of Supervisors, and one (1) member each appointed by the El Dorado County Board of Supervisors, the Cities of Auburn, Colfax, Grass Valley, Rocklin, Lincoln, Nevada City, Placerville and the Town of Loomis that becomes a signatory to this Agreement ("Board Member").

The Board of Supervisors from Placer County, the Board of Supervisors from El Dorado County, and the City/Town Councils set out above shall respectfully appoint such member(s) and not less than one alternate member. The term of office of each Board Member and respective alternate may be terminated at any time by the appointing Board of Supervisors or City/Town Council. The designated alternate shall have authority to attend, participate, and vote at any meeting of the Board or committee whenever the regular member, for whom they are designated to act as an alternate, is absent from the meeting.

2. Effective Date. This Amendment shall take effect and become operative after the Cities of Grass Valley and Nevada City each approve and sign the Amendment and after the CPUC certifies the Implementation Plan field by Pioneer to include the Cities of Grass Valley and Nevada City.

3. Counterparts. This Amendment may be executed in counterparts and be as valid and binding as if each Member signed the same copy. A faxed or scanned copy of the executed signature page shall be sufficient to cause the terms of this Amendment to become fully operative. The effective date of this Amendment shall be the date it is approved by the Pioneer Board.

4. Except as specifically amended above, all other provisions of the Amended and Restated JP A shall remain in full force and effect.

IN WITNESS WHEREOF, the Voting Members have executed this Amendment No. 5 to the Amended and Restated Joint Powers Agreement for Pioneer Community Energy.

COUNTY OF EL DORADO, a political
EXECUTED ON subdivision
By& //MiLL
Chairman, Board of Supervisors
t0/2(1 J_C[)l_, And approved as to form _______ _

SIGNATURES CONTINUED ON NEXT PAGE

EXECUTED ON
COUNTY OF PLACER, a political
subdivision
And approved as to form ______ _

SIGNATURES CONTINUED ON NEXT PAGE

CITY OF AUBURN, a Municipal Corporation

EXECUTED ON
And approved as to fonn !(};;J/fJfif
Gary B I, City }\ttomey
ATTEST:

SIGNATURES CONTINUED ON NEXT PAGE

EXECUTED ON
CITY OF COLFAX, a Municipal Corporation
And approved as to form ~
ATTEST:

By /:;{::,-. -----
City Manager, Wes Heathcock ~ 1'3~

SIGNATURES CONTINUED ON NEXT PAGE

EXECUTED ON
CITY OF GRASS VALLEY, a Municipal
Corporation
And approved as to form ,.7r-::J-r...--c,,,.. /2--£.u:>~

SIGNATURES CONTINUED ON NEXT PAGE

CITY OF LINCOLN, a Municipal Corporation

EXECUTED ON
And approved as to fi
ATTEST:

By
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~ ~

SIGNATURES CONTINUED ON NEXT PAGE

TOWN OF LOOMIS, a Municipal Corporation And
EXECUTED ON:

October 11, 2022 T ed as to form ;,/,..., _
0-i~/(__k_
Town Manager
- )
Deputy Town Clerk

EXECUTED ON
CITY OF NEVADA C.l T~--Y: a Munici$pal Corporation \ '
And approved as to foqt} '------·-•-•
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SIGNATURES CONTINUED ON NEXT PAGE

EXECUTED ON
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CITY OF PLACERVILLE, a Municipal
Corporation
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And approved as to form ~ \ -------

SIGNATURES CONTINUED ON NEXT PAGE

EXECUTED ON
B;w~ Mayor, City Council
CITY OF ROCKLIN, a Municipal_Corporation
And approved as to fo
,Nn"-+t"f\urburn, City Clerk

ON NEXT PAGE

01248.0001/1044897.1 - 36 -
ATTACHMENT 3

01248.0001/1044897.1
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AMENDING TITLE 5 OF THE YUBA CITY MUNICIPAL CODE BY ADDING CHAPTER 27 (COMMUNITY CHOICE

AGGREGATION PROGRAM) TO ESTABLISH A COMMUNITY CHOICE AGGREGATION

PROGRAM IN THE CITY OF YUBA CITY
WHEREAS, on September 24, 2002, the Governor of California signed into law Assembly Bill 117 (Statute 2002, Chapter 838; see California Public Utilities Code section 366.2; hereinafter referred to as the “Act”), which authorizes any California city or county, whose governing body so elects, to combine electricity load of its residents and businesses in a Community Choice Aggregation program (CCA). The Act expressly authorizes participation in a CCA through a joint powers authority; and
WHEREAS, on September 9, 2015, the County of Placer and the City of Colfax entered into the original Joint Exercise of Powers Agreement for the purpose of establishing the Sierra Valley Energy Authority as a joint powers authority under the Joint Exercise of Powers Act, Government Code section 6500, et seq.; and
WHEREAS, the California Public Utilities Commission certified the “Implementation Plan” of the Sierra Valley Energy Authority, confirming compliance with the requirements of the Act; and WHEREAS, on February 22, 2017, the Amended and Restated Joint Powers Agreement became effective and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members of the Joint Exercise of Powers Agreement and established a Community Choice Aggregation Program within the jurisdictions of the Voting Members; and WHEREAS, Resolution No. 2017-3 of the Sierra Valley Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy (“Pioneer Community Energy”), as it is known today; and
WHEREAS, Subsequent amendments to the Amended and Restated Joint Powers Agreement have authorized the County of El Dorado and the Cities of Grass Valley, Nevada City, and Placerville to become Voting Members; and
WHEREAS, Currently electricity is generated and provided to the residents of the City of Yuba City by Pacific Gas and Electric Company (PG&E) with no alternative provider for the City; and
WHEREAS, the City Council finds it important that the City’s residents, businesses and public facilities have alternative choices to energy procurement beyond PG&E; and WHEREAS, on June 18, 2024, the Pioneer Community Energy executive team gave a presentation to the City Council, providing an overview of the benefits of a CCA program and Pioneer Community Energy specifically; and
WHEREAS, Pioneer Community Energy prepared an Impact Assessment Study to evaluate the financial feasibility and assesses risk of expanding their service area to include the City of Yuba City and other agencies; and

01248.0001/1044897.1
WHEREAS, contingent on completion of those discussions and studies, the City Council believes joining Pioneer Community Energy will provide financial and other advantages to businesses and residents of the City; and
WHEREAS, Pioneer Community Energy’s Amended and Restated Joint Powers Agreement requires a prospective member to individually adopt a Resolution of Intent expressing desire to become a member of the Joint Powers Authority and adopt an Ordinance electing to implement a CCA within Yuba City under California Public Utilities Code section 366.2; and WHEREAS, the City Council now desires to amend Title 5 of the Yuba City Municipal Code to establish a new Chapter 27 (Community Choice Aggregation Program).

NOW, THEREFORE, the City Council of the City of Yuba City does ordain as follows:

Section 1. The above recitals are incorporated by reference.

Section 2. The City Council finds that adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, as it is not a “project” since it has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Reg. § 15378). Further, the Ordinance is exempt from CEQA, as there is no possibility that the Ordinance or its implementation would have a significant effect on the environment. (14 Cal. Code Reg. § 15061(b)(3)).

Section 3. Title 5 of the Yuba City Municipal Code is amended to add Chapter 27 to, read in its entirety as follows:

CHAPTER 27 – COMMUNITY CHOICE AGGREGATION PROGRAM
Sec. 5-27.01 Purpose and Intent.

The Council recognizes that the public welfare is served if customers have the option to aggregate their electrical loads as members of their local community with community choice aggregators as contemplated by Public Utilities Code Section 366.2. It is the purpose and intent of this chapter to implement a community choice aggregation program for customers within the City who desire to aggregate their electrical loads.

Sec. 5-27.02. Implementation of Community Choice Aggregation Program.

The City Council authorizes the implementation of a Community Choice Aggregation Program within the areas currently served by Pacific Gas & Electric (PG&E) through participation in the Community Choice Aggregation Program of the Pioneer Community Energy Joint Powers Authority (Pioneer Community Energy), contingent on all of the following: (a) completion of the impact analysis by Pioneer Community Energy, and acceptance of the same by the City Council; (b) adoption of a resolution of intent by the City Council expressing the City of Yuba City’s desire to become a member of Pioneer Community Energy, (c) approval of a Joint Powers Agreement with Pioneer Community Energy, as amended, by the City Council on behalf of the City, (d) approval by the Governing Board of Pioneer Community Energy of the membership of the City of Yuba City, and (e) the certification by the California Public Utilities Commission of the Implementation Plan filed by Pioneer to include the City of Yuba City.

SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance

01248.0001/1044897.1
is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

PUBLICATION. The City Clerk shall certify the adoption of this Ordinance and cause it to be published, in accordance with Government Code, Section 36933, or as otherwise required by law.

EFFECTIVE DATE. This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a newspaper of general circulation.

Introduced and read at a regular meeting of the City Council of the City of Yuba City on the 21st day of January 2025, and adopted at a regular meeting thereof held on the 4th day of February 2025.

AYES:

NOES:

ABSENT:
____________________________
Dave Shaw, Mayor
City of Yuba City
ATTEST:
___________________________
Ciara Wakefield, City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
__________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP

Agenda Item 10

CITY OF YUBA CITY

STAFF REPORT
Date: February 4, 2025
To: Honorable Mayor & Members of the City Council;
From: Development Services Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Planning Commission Membership
Recommendation: A. Conduct a Public Hearing; and

B. Introduce by title only an Ordinance of the City Council of the City of Yuba City determining the adoption of an ordinance regarding the Planning Commission membership and organization is not subject to environmental review pursuant to CEQA Guidelines Section 15378, and to repeal and replace Sections 8-1.01 and 8-1.02 of Chapter 1, of Title 8 of the Municipal Code regarding the Planning Commission membership and organization Fiscal Impact: No direct fiscal impact will result from amending the Municipal Code to revise the standards discussed
Purpose:

To consider adopting an ordinance to reorganize the Planning Commission to transition from at-large to individual district representation and to provide for continued County participation.

Council’s Strategic Goal:

Updating the Planning Commission’s representation from at-large positions to appointments that align with City Council Districts aligns with the City Council’s overarching goal of enhancing quality of life for Yuba City.

Background:

The Planning Commission was established by Ordinance No. 192, and this commences at Municipal Code Section 8-1.01.

Traditionally, the Planning Commission has been comprised of six at-large members of the community serving 4-year terms. A seventh member has traditionally been appointed by Sutter County and similarly, the City has traditionally appointed a member to the County Planning Commission.

In 2024, the City Council transitioned from at-large representation to five individual Council districts.

Consistent with this action, it is appropriate for the City Council to consider updating the Planning Commission’s organization and membership where there are five members, representing each City

Council District.

Analysis:

Based on City Council feedback provided at the December 17, 2024, City Council meeting, staff has prepared a proposed ordinance (Attachment 1) that will transition the Planning Commission to a five voting member Commission where each City Council member nominates a commissioner that must be confirmed by the City Council.

Should the City Council decide to follow this approach, continuing to include existing Sutter County representation will result in a sixth member that could result in tie votes. This is not recommended. Due to this potential scenario, the proposed ordinance provides that Sutter County may nominate a nonvoting liason, who must be confirmed by the City Council, who may provide input.

The proposed ordinance provides that once a planning commissioner is confirmed by the City Council, they shall serve a term of the same duration as the City Council member who nominated them. Upon election or re-election, a City Council member may either renominate an existing Commissioner to an additional term or may nominate a different person from their district.

The proposed ordinance also provides that once confirmed, a planning commissioner may be removed at any time, with or without cause, by action of the City Council (majority vote).

After reviewing the Planning Commission Bylaws, it was determined that no revisions are necessary in order to accommodate the proposed amendments.

Environmental Review
A review of the California Environmental Quality Act (CEQA) Guidelines determined determines that the adoption of an ordinance regarding Planning Commission membership and terms of office is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as the membership of the Planning Commission is an organizational or administrative activity of the City that will not result in direct or indirect physical changes to the environment as contemplated by CEQA Guidelines section 15378. As such, this activity is not subject to CEQA.

Fiscal Impact:

No direct fiscal impact will result from amending the Municipal Code to potentially revise the composition of the Planning Commission.

Alternatives:

The City Council may revise the proposed ordinance as it determines necessary or the Council may determine not to amend the Ordinance to revise the Planning Commission organization and membership. Finally, the City Council may provide alternative guidance to staff concerning this issue.

Recommendations:

A. Conduct a Public Hearing; and

B. Introduce an Ordinance of the City Council of the City of Yuba City determining the adoption of an ordinance regarding the Planning Commission membership and organization is not subject to environmental review pursuant to CEQA Guidelines Section 15378, and to repeal and replace Sections 8-1.01 and 8-1.02 of Chapter 1, of Title 8 of the Municipal Code regarding the Planning Commission

membership and organization.

Attachments:

1. Proposed Ordinance
Prepared By: Submitted By:

Doug Libby
Deputy Development Services Director
Diana Langley
City Manager

Attachment 1

01248.0005/1047800.1 1
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY REPEALING AND REPLACING SECTIONS 8-1.01 AND 8-1.02 OF CHAPTER 1 OF TITLE 8, OF THE

MUNICIPAL CODE REGARDING THE PLANNING COMMISSION MEMBERSHIP

AND ORGANIZATION
WHEREAS, in 2022 the City Council of the City of Yuba City transitioned from at-large to individual district representation on the City Council, which transition was completed in December of 2024; and
WHEREAS, the City Council similarly desires to reorganize the Planning Commission and transition from at-large to individual district representation and this will reduce the size of the Planning Commission from seven to five members to coincide with one Planning Commissioner representative from each City Council member district; and WHEREAS, traditionally, the City and County have each appointed a Planning Commissioner to each agency’s Planning Commission; however, with this reorganization, having an additional Planning Commissioner can result in tied decisions; however, the City Council believes there are benefits to having County Planning Commissioner participation on the City Planning Commission and therefore, is including a non-voting liaison who may provide input during Commission meetings.

WHEREAS, the City Council considered this ordinance pursuant to a noticed public hearing at its meeting on February 4, 2025, and now desires to adopt the same.

NOW THEREFORE, the City Council of the City of Yuba City does ordain as follows:

SECTION 1. Recitals. The above recitals are incorporated by reference.

SECTION 2. CEQA. The City Council finds and determines that the adoption of an ordinance regarding Planning Commission membership and terms of office is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as the membership of the Planning Commission is an organizational or administrative activity of the City that will not result in direct or indirect physical changes to the environment as contemplated by CEQA Guidelines section 15378. As such, this activity is not subject to CEQA.

SECTION 3. Sections 8-1.01 and 8-1.02 of Title 8, Chapter 1 of the Yuba City Municipal Code are repealed in their entirety and replaced with the following Section 8-1.01:

Section 8-1.01. – Created, Membership
The Planning Commission is established and created by Ordinance No. 192 entitled "An Ordinance Establishing and Creating a City Planning Commission," as amendment, is hereby reestablished and recreated without loss of continuity under and by authority of the State

01248.0005/1047800.1 2
Planning Law. The Planning Commission shall have all the powers, functions and duties provided for by State Planning Law, the laws of the City and as delegated in accordance with applicable laws. The Planning Commission have the authority to appoint a chair and vice-chair, and to adopt bylaws consistent with policies established by the Council. The organization, membership, terms and methods of appointment and removal of members, and compensation of the Planning Commission shall be as follows:
(a) There shall be five voting members of the Planning Commission. (b) Each member of the City Council shall nominate a person from among the residents of their district to serve as a Planning Commissioner. The City Council may establish by resolution recruitment and service requirements, criteria and attendance standards governing service on the Planning Commission. A person nominated shall be confirmed by a majority vote of the City Council.
(c) A confirmed Planning Commissioner shall serve a term of the same duration as the Council member who appointed them and shall serve at the pleasure of said Council member. Upon election or re-election, a City Council member shall either renominate an existing Planning Commissioner to another term or may nominate a different resident of their district. A City Council member may also seek removal and nominate another resident of their district to the Planning Commission at any time. All nominations shall be confirmed by a majority vote of the City Council. When a new City Council member is elected to a district, the existing Planning Commissioner for that district will continue to serve until they are either renominated and reconfirmed or a successor is confirmed by the City Council.
(d) A Planning Commissioner or liaison may be removed at any time, with or without cause, by action of the City Council.
(e) Annually, the County of Sutter may nominate a non-voting liaison to the Yuba City Planning Commission who may provide input. A liaison may be confirmed by a majority vote of the City Council.
(f) Annually, the Planning Commission may nominate a member to serve on the Sutter County Planning Commission as either a voting member or liaison, consistent with County ordinance. The City Council may accept the person nominated as the City’s designee and the City Clerk shall forward said designation to the Sutter County Board of Supervisors for confirmation.

01248.0005/1047800.1 3
(g) The Development Services Director shall be an ex-officio member and shall serve as the secretary to the Commission. All members of the Commission shall have the right to vote; ex-officio members and liaison shall not have the right to vote. (h) Compensation for the Planning Commission may be established by adopted resolution of the City Council.
(i) To effectuate initial implementation of this ordinance, the City Council may adopt a resolution removing all members of the Planning Commission and then immediately reappoint five members thereof for an interim period, with each member being assigned to a Council district regardless of current residency within the City. The interim appointment period shall be until another Planning Commissioner is appointed to that district, or through February 27th following the election or re-election of a City Council member for that district.

SECTION 4. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

SECTION 5. Effective Date. This Ordinance shall be effective on the thirty-first day after its adoption.

This Ordinance was introduced on February 4, 2025, and duly adopted by the City Council of the City of Yuba City at its duly noticed regular meeting _________, 2025, by the following electronic vote:

AYES: Council Member(s):

NOES: Council Member(s):

ABSENT: Council Member(s):
______________________________
Dave Shaw, Mayor
City of Yuba City
Attest:
___________________________
Ciara Wakefield, City Clerk
City of Yuba City

Agenda Item 11

CITY OF YUBA CITY

STAFF REPORT
Date: February 4, 2025
To: Honorable Mayor & Members of the City Council;
From: Public Works
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Aquifer Storage and Recovery Well (Municipal Well No. 3) (22-09) - Award Construction Contract for Below Ground Facilities
Recommendation: Adopt a Resolution which takes the following actions:

A. Award a construction contract to Nor-Cal Pump & Well Drilling Inc. of Yuba City, CA in the amount of their total bid of $983,306 and authorize the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney B. Adopt the Initial Study/Mitigated Negative Declaration for the Aquifer Storage and Recovery Well Project
Fiscal Impact: $1,081,637 – Total Project Cost CIP Account No. 951320-65501 (Aquifer Storage and Recovery Well Project)
$983,306 – Contract Award Amount
$98,331 – Construction Contingency (10%)
Purpose:

To provide additional water resources by securing access to groundwater at the Water Treatment Plant.

Council’s Strategic Goals:

The project addresses the City Council’s Strategic Goal of Improving the City’s Infrastructure.

Background:

The California Department of Water Resources (DWR) has awarded the City a $6,325,000 grant for the construction of a new municipal well with Aquifer Storage and Recovery (ASR) capabilities through the Urban and Multibenefit Drought Relief Grant program. ASR wells are two-way systems that allow water to be injected from the surface into a groundwater aquifer and also extracted from the groundwater aquifer to the surface.

On July 18, 2023 Council Meeting, City Council approved the City Manager to authorize a Professional Services Agreement with Carollo Engineers to develop environmental documents, permits, plans and specifications, and other engineering services for the ASR Well Project.

In order to correctly design the above-ground facilities for the well, construction is planned to be broken down into two phases, above-ground and below-ground, similar to the recently constructed Second Groundwater Well project. The first phase is construction of the below-ground facilities, which involves drilling approximately 500 feet below the surface. On December 17, 2024, Council approved the plans and specifications for this first phase and authorized advertisement for bids. The anticipated yield from previous studies is approximately 3.6 to 4.3 million gallons per day. Data from samples collected during the first phase will help determine the yield of the well, allowing the design of the second phase to be completed.

The second phase is construction of the above-ground facilities, including a shade structure, pump related equipment, electrical equipment and conduits, and plumbing.

Analysis:

The below-ground phase of the Aquifer Storage and Recovery Well Project was advertised for bids beginning December 20, 2024. Plans and Specifications were posted to Public Purchase and a Notice to Contractors posted in the local newspaper. On January 23, 2025, three (3) bids were received and opened by the City Clerk. A list of the bids received and the Engineer’s Estimate are shown below:

Company Total Bid
Engineer’s Estimate $1,160,500.00
Zim Industries $1,414,050.00
Parks Water Resources $1,531,381.70
Nor-Cal Pump & Well Drilling, Inc. $983,306.00
Nor-Cal Pump & Well Drilling, Inc. of Yuba City, CA is the low, responsible, and responsive bidder.

Fiscal Impact:

Contract administration will be performed by Public Works Department staff. Additionally, the City has previously contracted with Carollo for Hydrogeologic and Engineering services during construction of the well. The estimated total construction cost for the project is approximately $1,081,637, which consists of the following components:

Construction Contract $983,306.00
Construction Contingency (10%) $98,331.00
Total: $1,081,637
The project will be funded through CIP Account No. 951320-65501 (Aquifer Storage and Recovery Well). Currently, there is approximately $3.98 million of available DWR grant funds for construction of the Project. Design of the second phase of the Project is 50% complete and estimated to cost $6.8 million. Staff will make the necessary budget requests for the second phase of the project through the FY 2025-26 CIP budget process.

Environmental:

A public draft Initial Study/Mitigated Negative Declaration (IS/MND) was prepared and filed with the State Clearinghouse (SCH # 2024120737) and posted for public comment on December 17, 2024. A letter was received from the Central Valley Regional Water Quality Control Board (CVRWQCB) detailing the various regulations and permits required for the project. Staff have reviewed the letter and determined no revisions are needed for the IS/MND. The IS/MND and letter from CVRWQCB is available at http://www.yubacity.net/publicworksplans for review.

Alternatives:

1. Do not award the contract and reject all bids, which may result in the City forfeiting awarded grant funds if project cannot be spent and completed by March 2026.

2. Re-bid the project with Council direction or feedback, which may result in the City forfeiting awarded grant funds if project cannot be spent and completed by March 2026.

Recommendation:

Adopt a Resolution which takes the following actions:

1. Award a construction contract to Nor-Cal Pump & Well Drilling Inc. of Yuba City, CA in the amount of their total bid of $983,306 and authorize the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney

2. Adopt the Initial Study/Mitigated Negative Declaration for the Aquifer Storage and Recovery Well Project
Attachments:

1. 22-09 Attachment 1 - Resolution Construction Contract Award Final Prepared By: Submitted By:

William Jow
Assistant Engineer
Diana Langley
City Manager

ATTACHMENT 1

RESOLUTION NO. ________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY AWARDING A CONSTRUCTION CONTRACT TO NOR-CAL PUMP AND WELL DRILLING, INC. FOR

THE CONSTRUCTION OF THE BELOW-GROUND FACILITIES FOR THE AQUIFER

STORAGE AND RECOVERY WELL, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE CONTRACT SUBJECT TO REVIEW AND APPROVAL AS TO LEGAL

FORM BY THE CITY ATTORNEY, AND ADOPTING THE INITIAL STUDY/MITIGATED

NEGATIVE DECLARATION FOR THE PROJECT
WHEREAS, the City of Yuba City (City) advertised for bids for the City’s Aquifer Storage and Recovery Well Project (Project); and
WHEREAS, in response to the advertisement, the City received three (3) bids for the following bid amounts:

Zim Industries $1,414,050.00
Parks Water Resources $1,531,381.70
Nor-Cal Pump and Well Drilling, Inc. $983,306.00; and
WHEREAS, the City Public Works Department has reviewed the three (3) bids, and having examined Nor Cal Pump and Well Drilling, Inc. and its bid response, found it to be both the lowest qualified responsive and responsible bidder, and has recommended it for award of this project; and
WHEREAS, an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the Project which assessed potential environmental impacts of the entire project as required by the California Environmental Quality Act (CEQA); and WHEREAS, the City is the lead agency on the Project for CEQA compliance, and WHEREAS, the City filed the IS/MND with the State Clearinghouse (SCH# 2024120737) for public comment on December 17, 2024.

WHEREAS, during the CEQA public comment period the City received a letter from the Central Valley Regional Water Quality Control Board; and WHEREAS, City staff have carefully reviewed the letter and have determined no revisions are necessary to the IS/MND; and
WHEREAS, the City desires to award the bid to Nor Cal Pump and Well Drilling, Inc. to construct the Project and adopt the mitigated negative declaration; NOW, THEREFORE, be it resolved by the City Council of the City of Yuba City as follows:

1. The City Council finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. The City Council of the City of Yuba City does hereby accept the three (3) bids received as noted above.

3. The City Council finds Nor-Cal Pump and Well Drilling, Inc. is the lowest responsive and responsible bidder, and awards the Construction Contract Agreement to NorCal Pump and Well Drilling, Inc. of Yuba City, CA for the construction of the below ground facilities for the Aquifer Storage and Recovery Well Project in the amount of $983,306.00, subject to the material terms set forth in Exhibit A. The City Manager is authorized to execute the agreement on behalf of the City, and Make any non-material changes thereto, subject to approval as to legal form by the City Attorney.

4. CEQA Findings. The City Council has fully considered the MND and finds that the project is consistent with, and has been fully assessed by, the MND. In this regard, based on the Council’s independent judgement and analysis and record before it, the Council additionally finds as follows:
a. The MND was posted on http://www.yubacity.net/publicworksplans for Council review.
b. The MND reflects the Council’s independent judgement and analysis. c. The project mitigation imposed, as described in the Initial Study and supporting documents, will avoid any potentially significant effects to a point where no significant adverse impact on the environment will occur, and there is no substantial evidence in the record that this project may have any direct, indirect or cumulative effects on the environment that are potentially significant and adverse.
d. The proposed project will not result in any adverse effects which fall within the “Mandatory Findings of Significance” contained in Section 15065 of the State CEQA Guidelines.
e. The mitigation measures are feasible and shall become binding upon the entity assigned thereby to implement the particular mitigation measures.

5. The City Council also finds and determines that in light of the entire administrative record and the substantial evidence before it, the Project has been adequately environmentally assessed as required by CEQA per the MND.

6. Adoption of MND and Mitigation Monitoring and Reporting Program. Based on the foregoing, the City Council hereby adopts the Mitigated Negative Declaration for the project, as the project will not result in any significant, adverse, environmental impacts with the mitigation imposed. The Department of Public Works located at Yuba City Hall at 1201 Civic Center Blvd., Yuba City, CA 95993 shall serve as the custodian of all documents or other material which constitutes the record of proceedings upon which the Council's adoption of this Mitigated Negative Declaration is based. The Council authorizes and directs the Public Works Director, or designee, to execute and file with the Sutter County Clerk, as appropriate, a Notice of Determination for the approval of the Project that complies with the CEQA Guidelines.

7. The City Council of the City of Yuba City authorizes the City Manager to execute the construction contract on behalf of the City, subject to review and approval as to legal form by the City Attorney.

8. This Resolution shall become effective immediately.

The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 4 th day of
February 2025.

AYES:

NOES:

ABSENT:

ATTEST:

Dave Shaw, Mayor
Ciara Wakefield, City Clerk

APPROVED AS TO FORM

COUNSEL FOR YUBA CITY
Shannon L. Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment(s):

Exhibit A – Construction Contract Agreement

EXHIBIT A

CONTRACTING REQUIREMENTS
December 2024 00510 - 1 City of Yuba City
Agreement Municipal Well No. 3
SECTION 00510

AGREEMENT

AGREEMENT FOR THE CONSTRUCTION OF
MUNICIPAL WELL NO. 3
PROJECT NO. 22-09
(Document will be re-typed after Contract Award)
THIS AGREEMENT made and entered into this ___ day of ________, 2025, between the City of Yuba City, a public entity in Sutter County, organized and existing under the laws of the State of California, hereinafter referred to as the “City” or “Owner” and, Nor-Cal Pump and Well Drilling Inc., hereinafter referred to as the “Contractor”;

RECITALS
WHEREAS, the City Council heretofore caused Drawings and Specifications for the Work hereinafter mentioned to be prepared, and therefore did approve and adopt the Drawings and Specifications; and
WHEREAS, the City Council did cause to be published for the time and in the manner required by law, a Notice inviting sealed Bids for the performance of the Work; and WHEREAS, the Contractor, in response to such Notice, submitted to the City within the time specified in the Notice, and in the manner provided for therein, a sealed Bid for the performance of the Work specified in the Contract Documents, which the Bid, and the other Bids submitted in response to the Notice, the City publicly opened and canvassed in the manner provided by law; and WHEREAS, the Contractor was the lowest responsible Bidder for the performance of the Work, and the City Council, as a result of the canvass of the Bids, did determine and declare Contractor to be the lowest responsible Bidder for the Work and award a Contract to Contractor to do the Work referred to in the aforementioned plans and specifications; and
WHEREAS, Contractor is ready, willing and able to complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings and all other terms and conditions of the Contract Documents; and
NOW, THEREFORE, in consideration of the mutual covenants hereinafter, the City and Contractor agree as follows:

ARTICLE 1 - SCOPE OF WORK

1.1 The Work. The Contractor shall furnish all labor, materials, tools, apparatus, equipment, transportation, insurance, bonds, special services and skill to construct and complete in good workmanlike and substantial manner to the satisfaction of the City all the Work called for, and in the manner designated in, and in strict conformity with the Contract Documents for the project entitled: Municipal Well No. 3. All incidental work not shown on the Plans or specified herein which is necessary to complete the Work so as to provide the project described, or shown, shall be furnished and installed as part of this Contract at no additional cost to the City.

1.2 Location of Work. The Work will be performed at the following location: Yuba City Water Treatment Plant, 701 Northgate Drive in the City of Yuba City, CA as shown on the Contract Drawings.

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Agreement Municipal Well No. 3
ARTICLE 2 - CONTRACT DOCUMENTS

2.1 Contract Documents.

The Contract Documents consist of the following documents:
• Introductory Information (Sections 00005 through 00010) • Bidding Requirements (Sections 00100 through 00480. Does not include Section 00300, Supplemental Project Information Available to Bidders); • Contracting Requirements (Sections 00510 through 00800); • General Requirements (Division 1);
• Technical Specifications including all Tables, Exhibits and Attachments; • City Standard Specifications
• Contract Drawings;
• Addenda (numbers One (1) to Three (3), inclusive);
• Permits from other agencies as may be required by law; and • All other documents incorporated by reference into these Contract Documents. • The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:
o Notice to Proceed (Section 00600);
o Field Directive(s);
o Change Order(s);
o Construction Change Directive; and
o Field Order(s).

2.2 Not Contract Documents. There are no Contract Documents other than those listed in this Section 00510, Article 2, Contract Documents, Section 00300, Supplemental Project Information Available to Bidders, and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided for in Section 00700, General Conditions and Section 00800, Supplemental General Conditions.

2.3 Definitions and Terms. Unless otherwise specifically provided herein, all terms, words and phrases defined in Section 00700- 1.02, Definitions of Words and Terms, shall have the same meaning and intent in this Agreement.

2.4 Entire Contract; Interpretation. This Agreement, together with the Contract Documents, constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements between the Parties with respect thereto (including without limitation, City’s award of the Contract to Contractor and any applicable letter of intent), unless such agreement is expressly incorporated herein. City makes no representations or warranties, express or implied, not specified in this Agreement or the Contract Documents. This Agreement and the Contract Documents are the product of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code §1654) that ambiguities are to be construed against the drafting party shall not be employed in the interpretation of this Agreement or the Contract Documents.

2.5 Severability. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

2.6 Amendments. The terms of this Agreement or the Contract Documents shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except as authorized by the Contract documents or by a written instrument signed by the Parties.

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Agreement Municipal Well No. 3

2.7 Further Assurances. The Parties shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement and the Contract Documents.

ARTICLE 3 - CONTRACT PRICE

3.1 Contract Price Breakdown. Subject to additions and deductions by Change Order(s) as provided in the Contract Documents, the City agrees to pay and Contractor agrees to accept, in full payment for completion of the Work in accordance with the Contract Documents as follows:

Bid Items
c Description Unit of
Measure Unit Price Quantity Extended Price
1 Well Site Mobilization Lump Sum $75,000.00 1 $75,000.00 2 Sound Walls Linear Foot $250.00 250 $62,500.00
3 Conductor Casing Linear Foot $900.00 50 $45,000.00
4 Pilot Borehole Drilling Linear Foot $150.00 550 $82,500.00 5 Geophysical Logging Lump Sum $2,750.00 1 $2,750.00
6 Zonal Sampling Each $20,000.00 3 $60,000.00
7 Borehole Reaming Linear Foot $150.00 550 $82,500.00
8 Blank Well Casing ASTM
A-778, Type 316 SS 18" I.D. x
3/8" Wall
Linear Foot $650.00 374 $243,100.00
9 Wire Wrapped Well Screen
ASTM A-778, Type 316 SS
18" I.D x 3/8" Wall w/ 0.060-
inch Slot Size
Linear Foot $350.00 160 $56,000.00
10 Sounding Pipe Linear Foot $46.00 460 $21,600.00
11 Gravel Fill Pipe Linear Foot $46.50 460 $21,390.00
12 Gravel Envelope -Glass Beads Linear Foot $250.00 460 $115,000.00 13 Annular Seal Linear Foot $95.00 135 $12,825.00
14 Well Development Lump Sum $30,000.00 1 $30,000.00
15 Install/Remove Test Pump Lump Sum $35,500.00 1 $35,500.00 16 Well and Aquifer Testing Hour $550.00 24 $13,200.00
17 Plumbness and Alignment
Testing and Video Survey Lump Sum $5,000.00 1 $5,000.00 18 Dynamic Flowmeter
(Spinner) Lump Sum $5,000.00 1 $5,000.00
19 Disinfection of Well Lump Sum $5,000.00 1 $5,000.00

CONTRACTING REQUIREMENTS
December 2024 00510 - 4 City of Yuba City
Agreement Municipal Well No. 3
20 Disposal of Drill Cuttings Lump Sum $9,999.80 1 $9,999.80 21 Standby time Hour $750.00 0
Labor and Materials Total Bid Price $983,306.00
TOTAL BID AWARD PRICE (Items 1 through 21) $983,306.00
TOTAL BID AWARD PRICE (in words) Nine-hundred and eighty-three thousand, three-hundred and six dollars, and zero cents.

The above Total Contract Price includes all allowances, if any, provided for in the Contract Documents.

Progress and final payments shall be in accordance with the General Conditions.

When, under the provisions of this Agreement, the City shall charge any sum of money against Contractor, City shall deduct and retain the amount of such charge from the amount of the next succeeding progress estimate, or from any other moneys due or that may become due to the Contractor from City. If, on completion or termination of the Contract, sums due Contractor are insufficient to pay City's charges against him, the City shall have the right to recover the balance from Contractor or its sureties.

Compensation for Unit Price Items shall be based upon the unit prices stated in above schedule times the actual quantities or units of work and materials performed or furnished. Unit prices paid by the City may change depending on actual quantities or units or work completed in accordance with Section 00700-9.04, Increased or Decreased Quantities.

3.2 Substitution of Securities for Money Withheld. At any time prior to final payment, Contractor may request substitution of securities for any money withheld by the City to ensure performance of the Agreement in the manner as provided by California Public Contract Code §22300. At the expense of the Contractor, securities equivalent to the money withheld may be deposited with the City or with an approved financial institution as escrow agent according to a separate Security Agreement. Securities eligible for substitution shall include those listed in §16430 of the California Government Code or bank or savings and loan certificates of deposit.

ARTICLE 4 - CONTRACT TIMES

4.1 Time is of the Essence. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of this Agreement.

4.2 Commence Work. Contractor shall commence execution of the Work on the date established in the Notice to Proceed. The City reserves the right to modify or alter the Commencement Date of the Work.

4.3 Days to Achieve Contract Times. The Contractor shall diligently execute the Work to complete each Milestone listed below within the following number of consecutive calendar days from the date established in the Notice to Proceed for the commencement of the Contract Time.

Times Allowed for Completion
Contractual Completion Event
Completion Time
(# of calendar days from
Notice to Proceed date) or
Seasonal Dates
Substantial Completion 120

CONTRACTING REQUIREMENTS
December 2024 00510 - 5 City of Yuba City
Agreement Municipal Well No. 3
Final Completion 140
Milestones – Milestones are further defined in Section 01140, Work Restrictions and Section 00800, Supplementary Conditions.

4.4 Liquidated Damages. The City and Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the Work is not completed within the contract times specified in 4.3, Days to Achieve Contract Times. The actual fact of the occurrences of damages and the actual amount of the damages which City would suffer if the Work were not completed within the specified times set forth above are dependent upon many circumstances and conditions which could prevail in various combinations, and, from the nature of the case, it would be impracticable and extremely difficult to fix the actual damages.

Damages which City would suffer in the event of delay include loss of the use of the Project, and, in addition, expenses of prolonged employment of an architectural and engineering staff; costs of administration, construction management, inspection, and supervision; the loss suffered by the public within the City’s constituent cities by reasons of the delay in the completion of the project to serve the public at the earliest possible time; and, costs associated with ongoing and extended permit compliance.

Accordingly, the City and the Contractor agree that as liquidated damages for delay, in accordance with California Government Code Section 53069.85, the Contractor will forfeit and pay to the City liquidated damages in the amounts set forth in the table below, per day for each and every calendar day that expires after the time for completion specified in the above section 4.3, Days to Achieve Contract Times, except as otherwise provided by extension of time pursuant to Section 00700-8.04, Time Extensions, of the General Conditions.

It is further understood and agreed in accordance with California Government Code Section 53069.85 that the liquidated damages sum specified in this provision is not manifestly unreasonable under the circumstances existing at the time this Contract was made, and that the City may deduct liquidated damages sums in accordance with this provision from any payments due or that may become due the Contractor.

Damages for Delays
Milestone Contractual Completion Event
Dollars Per Day
Liquidated Damages
(Amount in Dollars)
Substantial Completion $2500
Final Completion $2500
ARTICLE 5 - INSURANCE AND BONDS

5.1 Insurance. Contractor shall maintain in full force and effect at all times during the term of the Agreement, at its sole expense, policies of insurance in accordance with the General Conditions and the Supplementary Special Conditions. By execution of this Agreement, the Contractor certifies as follows:
“I am aware of the provisions of §3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to 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.”

5.2 Faithfull Performance Bond and Payment Bond. The Contractor, simultaneously with the execution of the Agreement, will be required to furnish a Faithful Performance Bond to guarantee the Faithful Performance of the Contract equal to one hundred (100%) of the Total Contract Price set forth in Article 4 and a Payment Bond required by Part 4, Title 15, Chapter 7, Division Three of the Civil Code of the State of California equal to one hundred percent (100%) of the Total Contract Price set forth in Article

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December 2024 00510 - 6 City of Yuba City
Agreement Municipal Well No. 3

4. The bonds must be issued by a surety company admitted in California and with a current A.M. Best’s rating of no less than A-:VII or equivalent, unless otherwise approved by Agency.

Any alteration(s) made in any provision of this Agreement shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alteration(s) is hereby given, and any surety on said bonds hereby waives the provisions of Sections 2819 and 2845 of the California Civil Code.

Contractor must submit the following document with the bonds: The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.

ARTICLE 6 - CITY’S REPRESENTATIVE(S) AND AUTHORITY’S CONSULTANTS

6.1 City’s Representative. The City has designated William Jow, or his/her designee to act as City’s Representative. The City may change the individual(s) acting as City’s Representative(s), or delegate one or more specific functions to one or more specific City’s Representative at any time with notice and without liability to Contractor. Each City’s Representative is the beneficiary of all Contractor obligations to the City, including without limitation, all releases and indemnities. All documents requiring the signature/approval of City shall be signed by the City’s Representative.

6.2 Design Engineer. The City has designated Luhdorff and Scalmanini Consulting Engineers (LSCE) to act as Design Engineer. The Design Engineer is included within and covered by Contractor’s release and indemnity obligations to the City.

6.3 Construction Manager. The City has designated William Jow, to act as Construction Manager.

The City may assign, upon mutual agreement, all or part of the City’s Representative’s duties, rights and responsibilities to the Construction Manager. The Construction Manager is the beneficiary of all Contractor obligations to the City, including without limitation, all releases and indemnities.

ARTICLE 7 - CONTRACTOR’S REPRESENTATIONS

7.1 Representations and Warranties. In order to induce the City to enter into this Agreement, Contractor makes the following representations and warranties:

A. Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.

B. Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, record drawings, drawings, products specifications or reports, available for bidding purposes, of physical conditions, including Underground Facilities, which are identified in Section 00300, Supplemental Project Information Available to Bidders, or which may appear in the Contract Documents. Contractor further acknowledges and agrees that, in executing the Agreement, it is relying on its own observation of (1) the site of the Work, (2) access to the Site, (3) all other data and matters requisite to the fulfillment of the Work and on its own knowledge of existing facilities on and in the vicinity of the site of the Work to be constructed under the Contract, (4) the conditions to be encountered, (5) the character, quality and scope of the proposed Work, (6) the quality and quantity of the materials to be furnished, and (7) the requirements of the Contract, the plans, the specifications, and other related information made available to Contractor by the City.

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December 2024 00510 - 7 City of Yuba City
Agreement Municipal Well No. 3
C. Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

D. Contractor has given the City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and record drawings and actual conditions and the written resolution thereof (if any) through Addenda issued by the City is acceptable to Contractor.

E. Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California.

F. Contractor has duly authorized the execution, delivery and performance of this Agreement, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, agreement, order or decree binding on Contractor.

Contractor has listed the following
Subcontractors consistent with the
Subcontractor Listing Law, California Public
Contract Code §4100 et seq.:

Name of Subcontractor and
Address of Mill or Shop
Description of Subcontractor’s
Work
Subcontractor’s
License No.

Pacific Surveys LLC Geophysical Surveys N/A
ARTICLE 8 - LABOR CODE COMPLIANCE AND DAVIS-BACON WAGES

8.1 California Labor Code. Pursuant to the provisions of §1770 et seq. of the California Labor Code, which are hereby incorporated by reference and made a part hereof, the Director of the Department of Industrial Relations has determined the general prevailing rate of the per diem wages and the general prevailing rate for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification or type of worker needed to perform the Work. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at City office or may be downloaded from the State Department of Industrial Relations website, Division of Labor Statistics and Research, http://www.dir.ca.gov/dlsr/. The rate of prevailing wage for any craft, classification or type of workmanship to be employed in performing the Work is the rate established by the applicable collective bargaining contract which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate is adopted.

It shall be mandatory for the Contractor and all subcontractors to pay not less than such specified prevailing wage rates to all workers employed in the performance of the Work. If any worker engaged in the performance of the Work is paid less than the specified prevailing wage rate, the Contractor shall pay to each such worker the difference between the specified prevailing wage rate and the actual amount paid to

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December 2024 00510 - 8 City of Yuba City
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such worker for each calendar day or portion thereof. In addition, Contractor shall comply with the provisions of California Labor Code §1775, including provisions which require Contractor to (a) forfeit as penalty to City not more than $200 for each calendar day or portion thereof for each worker (whether employed by Contractor or any Subcontractor) paid less than the applicable prevailing wage rates for any work done under this Contract in violation of the provisions of the California Labor Code, and (b) pay to each worker the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which the worker was paid less than the prevailing wage.

The Contractor and each Subcontractor shall keep or cause to be kept an accurate record showing the names, addresses, social security numbers, work classifications, straight time and overtime hours worked each day and week for all laborers, workers and mechanics employed in connection with the performance under the Contract Documents or any subcontract thereunder, and showing the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by City and its agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. Contractor assumes all responsibility for such payments and shall defend, indemnify and hold the City harmless from any and all claims made by the State of California, the Department of Industrial Relations, any Subcontractor, any worker or any other third party with regard thereto. Contractor shall be responsible to ensure compliance with section 1776. Failure to comply with that section may result in the California Labor Commissioner’s assessment of a penalty of $100 per day per affected worker.

The Contractor shall post, at each jobsite, a copy of such prevailing rate of per diem wages as determined by the Director for the California Department of Industrial Relations and all job site notices as prescribed by California Labor Code Section 1771.1.

Pursuant to California Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

The successful Bidder and its subcontractors shall employ the appropriate number of apprentices, in each apprenticeable craft, on the project site as stipulated in California Labor Code sections 1777.5, 1777.6 and 1777.7. Failure to comply may result in the California Labor Commissioner’s assessment of a penalty of $100 for each day of noncompliance.

Pursuant to California Labor Code Section 1771.1, by execution below, the Bidder and its Subcontractors certify that when the Bidder’s bid was submitted, the Bidder and its Subcontractors were registered and qualified to perform public work pursuant to Section 1725.5 of the California Labor Code, subject to limited legal exceptions. Pursuant to California Labor Code Section 1771.1, by execution below, the Bidder and its Subcontractors certify that they are registered and qualified to perform public work pursuant to Section 1725.5 of the California Labor Code, subject to limited legal exceptions.

8.2 Davis-Bacon Wages.- Not Used.

ARTICLE 9 - MISCELLANEOUS PROVISIONS

9.1 Assignment. Contractor shall not assign this Contract or any rights under or interests in the Contract without the City's written approval. No assignment will release or discharge the Contractor from any duty or responsibility under the Contract Documents.

9.2 Successors and Assigns; No Third-Party Beneficiaries. The provisions of this Agreement and the Contract Documents shall inure to the benefit of and shall apply to and bind the successors and permitted assigns of the Parties. Nothing contained in this Agreement, or the Contract Documents is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and permitted assigns, any rights or remedies hereunder.

9.3 Contractor Bankrupt. If Contractor should commence any proceeding under federal bankruptcy law, or if Contractor be adjudged a bankrupt, or if Contractor should make any assignment for the benefit of creditors, or if a receiver should be appointed on account of Contractor's insolvency, then the City may,

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December 2024 00510 - 9 City of Yuba City
Agreement Municipal Well No. 3
without prejudice to any other right or remedy, terminate the Agreement and complete the Work by giving notice to Contractor and its surety according to the General Conditions.

The City shall have the right to complete, or cause completion of the Work, all as specified in the General Conditions.

9.4 Unfair Competition. The following provision is included in this Agreement pursuant to California Public Contract Code §7103.5.
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assigning to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, with further acknowledgment by the parties."

9.5 Nondiscrimination and Equal Opportunity. The Contractor shall not discriminate on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any affirmative obligations required of Contractor thereby.

Contractor shall include the provisions of this Subsection in any subcontract.

9.6 No Waiver of Remedies. Neither the inspection by the City or its agents, nor any order or certificate for payment of money, nor any payment for, nor acceptance of the whole or any part of the Work by the City, nor any extensions of time, nor any positions taken by City or its agents shall operate as a waiver of any provision of this Agreement or the Contract Documents or of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of this Agreement or of the Contract Documents be held to be a waiver of any other or subsequent breach. All remedies provided in this Agreement and in the Contract Documents shall be taken and construed as cumulative; that is, in addition to each and every other remedy provided in this Agreement and/or the Contract Documents, and the City shall have any and all equitable and legal remedies, which it would in any case have.

9.7 Governing Law. This Agreement and the Contract Documents shall be deemed to have been entered into in the County of Sutter, State of California, and governed by California law. By entering into this Agreement, the Contractor consents and submits to the jurisdiction of Courts of the State of California, County of Sutter, over any action of law, suit in equity, and/or other proceeding that may arise out of the Contract Documents.

9.8 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement or the Contract Documents shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by:

A. personal delivery, in which case notice is effective upon delivery; B. certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt;

CONTRACTING REQUIREMENTS
December 2024 00510 - 10 City of Yuba City
Agreement Municipal Well No. 3
C. nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; D. facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a non-business day.

Any written notice to Contractor shall be sent to:

Company Name
Company Address
Individual’s Name
Individual’s Email Address
Individual’s Direct Dial Phone #:

Individual’s Fax #
Any written notice to City shall be sent to:

Director of Public Works and Development Services
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA, 95993

9.9 Execution in Counterparts. This Agreement may be executed in counterparts each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.

CONTRACTING REQUIREMENTS
December 2024 00510 - 11 City of Yuba City
Agreement Municipal Well No. 3
IN WITNESS WHEREOF, the parties hereto have signed the Agreement on the date set forth opposite their names.

CONTRACTOR
Under penalty of perjury, I certify that the taxpayer
identification number and all other information provided here are correct.

Date:

Federal I.D. #:

DIR Registration # State ID #
California Contractor’s License # & Classifications Expiration Date Signature Signature
Nar Heer Print Name
President Title
Type of Business Entity (check one):
_____ Individual/Sole Proprietor
_____ Partnership
__X___ Corporation
_____ Limited Liability Company
_____Other (please specify:________________)
If Contractor is an out-of-state corporation, Contractor warrants and represents that it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.

CITY OF YUBA CITY
a California Municipal Corporation
DATE: _____________ BY _________________________________ Diana Langley, City Manager
Original Approved As To Form: Attest:

Shannon L. Chaffin, City Attorney Ciara Wakefield, City Clerk Original Approved as to Form:
_____________________________
Ben Moody, Director of Public Works and Development Services

CONTRACTING REQUIREMENTS
December 2024 00510 - 12 City of Yuba City
Agreement Municipal Well No. 3

END OF SECTION

City of Yuba City
Sutter County, California
MUNICIPAL WELL NO. 3
PROJECT NO. 22-09

BID DOCUMENTS
December 2024

DESIGN CERTIFICATION
The Technical Specifications contained herein have been prepared by, or under the responsible charge of, the following registered person(s):

Luhdorff and Scalmanini Consulting Engineers
500 First Street
Woodland, CA 95696
Eddy Teasdale, PG (CA No. 7791), CHG (CA No. 926)
Expires 09-20-2026

(THIS PAGE LEFT BLANK INTENTIONALLY)

INTRODUCTORY INFORMATION
December 2024 00010 - 1 City of Yuba City
Table of Contents Municipal Well No. 3
SECTION 00010

TABLE OF CONTENTS

INTRODUCTORY INFORMATION
00001 Project Title Page
00005 Certifications Page
00010 Table of Contents

BIDDING REQUIREMENTS
00100 Notice Inviting Bids
00200 Instructions to Bidders
00300 Supplemental Project Information Available to Bidders 00400 Bid Form
00410 Bidder’s Bond
00420 Site Visit Affidavit
00430 Designation of Subcontractors
00435 Schedule of Major Equipment and Material Suppliers 00440 Non-Collusion Affidavit
00445 Debarment Certification
00450 Certification of Drug Free Workplace
00460 Iran Contracting Act Certification
00480 Certification of Bidder’s Experience and Qualifications 00490 Statement of Safety Compliance

CONTRACTING REQUIREMENTS
00500 Notice of Award
00510 Agreement
00515 Certification of Authorization – Corporation
00520 Certification of Authorization – Partnership
00525 Certification of Authorization – Joint Venture
00530 Certification of Authorization – LLC
00540 Performance Bond
00550 Payment Bond
00560 Contractor’s Certification Regarding Worker’s Compensation 00580 Sample Escrow Agreement for Security Deposits in Lieu of Retention 00600 Notice to Proceed
00680 Final Closeout Agreement and Release of Claims
00700 General Conditions
00800 Supplementary General Conditions
DIVISION 1 – GENERAL REQUIREMENTS
01170 Novel Corona Virus (COVID-19) Safety Requirements 01312 Project Meetings
01324 Progress Schedules and Reports
01330 Submittal Procedures
01340 Request for Interpretation
01450 Quality Control and Inspection
01605 Delivery, Storage, and Handling
01770 Contract Closeout
01785 Warranties and Bonds

INTRODUCTORY INFORMATION
December 2024 00010 - 2 City of Yuba City
Table of Contents Municipal Well No. 3

TECHNICAL SPECIFICATIONS (PREPARED BY LSCE)

LIST OF EXHIBITS
Exhibit 1 – Well Location Map
Exhibit 2 – Well Site Plan
Exhibit 3 – Proposed Well Profile and Preliminary Well Design Exhibit 4 – Standard Construction Detail - Well Construction Exhibit 5 – Standard Construction Detail - Dual Swab Tools

ATTACHMENTS
Attachment A:

A1 Notice of Applicability for Central Valley Regional Water Quality Control Board Resolution R5-2018-0085, Waiver of Reports of Waste Discharge and Waste Discharge Requirements for Specific Types of Discharge within the Central Valley A2 Development and Testing Discharge Monitoring Plan
Attachment B:

Table 1. Summary of Submittals
Attachment C:

City of Yuba City, Water Meter Use Application and Fee Schedule

SUPPLEMENTAL PROJECT INFORMATION (NOT CONTRACT DOCUMENTS) • DWR Well Completion Report for the Second Municipal Well at the Yuba City Water Treatment Plan
• Drilling Log for the First Municipal Well at the Yuba City Water Treatment Plant

END OF SECTION

BIDDING REQUIREMENTS
December 2024 00100 - 1 City of Yuba City
Notice Inviting Bids Municipal Well No. 3
SECTION 00100

NOTICE INVITING BIDS

BID OPENING

2.02 NOTICE IS HEREBY GIVEN that the City of Yuba City (hereafter referred to as “City” or “Owner”) invites and will receive sealed Bids at the City Hall, City Clerk’s Office, 1201 Civic Center Boulevard, Yuba City, CA, 95993, until 2:00 p.m. local time, on January 23, 2025, at which time bids will be publicly opened and read aloud in the City’s Board Room for the following project.

MUNICIPAL WELL NO. 3
PROJECT NO. 22-09
NO LATE BIDS WILL BE ACCEPTED.

PROJECT INFORMATION

3.02 DESCRIPTION OF THE WORK
In accordance with Drawings and Specifications prepared by West Yost Associates, the Work includes furnishing of all labor, materials, tax, equipment, incidentals and services for the construction and completion of the Municipal Well No. 3 (“Project”). The Work includes, but is not limited to, drilling one 17-inch diameter pilot borehole using reverse circulation rotary drilling, collecting and logging formation samples, performing grain size analysis on formation samples, performing geophysical and caliper logging and conducting water quality zone sampling. The information obtained during these activities will be used by the Engineer to develop the final design for the municipal well. After receiving written instructions on the final design of the municipal well, the Work will be resumed by reaming the pilot borehole, performing a caliper log of the reamed hole, and constructing a potable water supply well with 18-inch diameter casing and screen and a minimum production capacity of 2,500 gpm.

3.03 CERTIFICATES OF EXPERIENCE AND QUALIFICATIONS
Due to the complexity and scope of this critically important project, the City requires minimum prior related successful project experience for Contractors and Contractor’s Project Manager.

These requirements are found in Section 00480, Certification of Bidder’s Experience and Qualifications.

3.04 ESTIMATED COST OF THE WORK
The estimated cost for this work is: $1,160,500

3.05 CONTRACT TIME
The Contract Time for the completion of all the Work of the Project is 120 (one hundred-twenty) calendar days.

CONTRACT DOCUMENTS

4.02 Plans, specifications, and proposal forms for bidding this Project can be obtained from the Public Purchase on-line bidding service. Registration is required to use the service. There is no charge to register or obtain bid documents in digital format.

Log onto: https://www.Yuba City.ca.us/bid-project or www.publicpurchase.com Once you have registered, search for the project title identified on the cover of this specification. The Project Plans and Specifications may be available for viewing at a Contractor’s Exchange. Contact Exchanges directly to inquire about availability. All addenda notifications will be emailed to plan holders by Public Purchase and may be obtained from the Public Purchase on-line bidding service.

All questions and requests for information regarding the project must be submitted through Public Purchase on the project link. Responses to questions will be distributed to plan holders via Public

BIDDING REQUIREMENTS
December 2024 00100 - 2 City of Yuba City
Notice Inviting Bids Municipal Well No. 3
Purchase. Questions and Requests for Information must be submitted five (5) business days prior to bid opening.

4.03 All Bidders must obtain a complete electronic bid set of Contact Documents in order to be considered responsive and to receive addenda notifications.

4.04 Complete sets of Contract Documents must be used in preparing Bids. The City does not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. Bidders shall develop and submit Bids at their own expense. The City will not reimburse any costs associated with the development and submittal of any and all Bids.

4.05 Bidding procedures are prescribed in the Contract Documents. Bids shall be executed upon the Bid Forms bound and made a part of the Contract Documents. Any exception taken to the Contract Documents and any changes made to terms and conditions of the Bid Forms may render the Bid non-responsive. All prescribed Bid Forms may be removed from the Contract Documents for submission in a sealed envelope.

4.06 The City, in making copies of the Contract Documents available on the above terms, does so only for the purpose of obtaining Bids for the Work and does not confer license or grant for any other use.

NON-MANDATORY PRE-BID MEETING AND SITE WALK

5.02 A non-mandatory pre-bid meeting and project walk-through will be held on Wednesday, January 8, 2025, at 10:00 a.m. at the Water Treatment Plant (701 Northgate Drive). Shortly after this pre-bid meeting, a project site walk-through will occur at the project site location.

5.03 At the pre-bid meeting, representatives of City and City’s consultants will discuss the Bid Form documents, site constraints, order of work and other items specific to this Project. The City will transmit to all recipients of complete sets of Contract Documents such Addenda as it considers necessary in response to questions raised at the meeting and project walk-through. Oral statements not confirmed by Addenda may not be relied upon and are not binding or legally effective. If a Bidder is unable to attend the pre-bid meeting and site walk, Bidder should contact the City during normal City business hours to schedule a site visit at least three days prior to their requested site visit.

During all site visits the Bidder must be accompanied full time by an authorized representative of the City. No exceptions to this requirement.

Bidders must acknowledge meeting this site visit requirement (See Section 00420, Site Visit Affidavit).

BIDDING REQUIREMENTS
December 2024 00100 - 3 City of Yuba City
Notice Inviting Bids Municipal Well No. 3

BID SECURITY AND BONDS

6.02 Each Bid must also be accompanied by security in the form of a Bidder’s Bond issued by a corporate surety, a certified check, or cashier’s check payable to the City, or cash for an amount not less than ten percent (10%) of the Total Bid Price.

6.03 The successful Bidder shall be required to execute a Material and Labor Payment Bond and Performance Bond, issued by a corporate surety, in conformance with the requirements set forth in the Contract Documents, each for not less than one hundred percent (100%) of the Contract Price.

6.04 Pursuant to California Code of Civil Procedures Section 995.311, the City will verify all bonds for this Project are issued and executed by a California admitted surety.

INQUIRIES

7.02 Inquiries regarding further information about the Project may be directed to William Jow, Assistant Engineer at [email protected].

LAWS AND REGULATIONS

8.02 CONTRACTOR’S LICENSE CLASSIFICATION AND REQUIREMENTS Bidders and their proposed subcontractors shall hold such licenses as may be required by the laws of the State of California for the performance of the work specified in the Contract Documents. Bidders bidding as the prime Contractor shall possess a valid California Contractor’s License “C-57- Well Drilling Contractor” at the time the bid is submitted and throughout the contract term. The Contractor will also be required to ensure that all subcontractors working on this project are holding valid licenses suitable for their trade.

8.03 DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION
No Contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the State of California Director of Industrial Relations (DIR) pursuant to California Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under California Labor Code Section 1771.1(a)]. No Contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the DIR pursuant to California Labor Code Section 1725.5. If awarded a contract, the Contractor and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project.

8.04 CALIFORNIA LABOR CODE
This Project is subject to the general prevailing rate of per diem wages as determined by the State of California Director of Industrial Relations, and travel and subsistence pay as such are defined in applicable collective bargaining agreements filed in accordance with Section 1773.8 of said Labor Code, for work needed and performed on this Project. Said determinations, in effect at the time of publishing this notice, are on file at the above identified City office and may be examined at said office. Interested parties shall contact the City office to make arrangements for viewing. These rate determinations may also be found on the DIR’s website at http://www.dir.ca.gov/OPRL/dprewagedetermination.htm .

The successful bidding Contractor and its subcontractors shall employ the appropriate number of apprentices, in each apprentice able craft, on the project site as stipulated in California Labor Code Section 1777.5.

Pursuant to California Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

8.05 CALIFORNIA PUBLIC CONTRACT CODE 22300
Pursuant to California Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contractor, may, at its

BIDDING REQUIREMENTS
December 2024 00100 - 4 City of Yuba City
Notice Inviting Bids Municipal Well No. 3
option, choose to substitute securities meeting the requirements of California Public Contract Code Section 22300, or have the retained, earned monies deposited in an escrow account at a federal or state-chartered bank.

8.06 CALIFORNIA PUBLIC CONTRACT CODE 3400
In accordance with California Public Contract Code Section 3400, Bidders may propose equals of products listed in the technical specifications or project plans by manufacturer name, brand or model number, unless the technical specifications or plans specify that the product is necessary to match others in use. Complete information for products proposed as equals must be submitted to the City’s Office for review at least thirty (30) calendar days after the date of Notice to Proceed. The City may specify a product by a particular manufacturer on a “solesourced” basis for the following reasons:
(1) In order that a field test or experiment may be made to determine the product’s suitability for future use.
(2) In order to match other products in use on a particular public improvement either completed or in the course of completion.
(3) In order to obtain a necessary item that is only available from one source.

CITY’S RIGHTS

9.02 The City reserves the right to award the Contract, to reject any or all Bids, to waive non-material and inconsequential irregularities in any Bid, and to reject nonconforming, nonresponsive, nonresponsible, or conditional Bids.

9.03 No Bid received and read aloud may be withdrawn for a period of sixty (60) days after the bid opening date, except pursuant to California Public Contract Code Section 5101.

END OF SECTION

BIDDING REQUIREMENTS
December 2024 00200 - 1 City of Yuba City
Instructions to Bidders Municipal Well No. 3
SECTION 00200

INSTRUCTIONS TO BIDDERS
Index
Page
ARTICLE GENERAL .........................................................................................................................................2 WORK TO BE DONE ........................................................................................................................2 COMPETENCE OF BIDDERS AND SUB-BIDDERS ........................................................................2 COMPLIANCE WITH CONTRACTOR’S LICENSE LAWS................................................................2 PRIOR DISQUALIFICATION.............................................................................................................2 EXAMINATION OF CONTRACT DOCUMENTS...............................................................................2 NOVEL CORONAVIRUS (COVID-19) SAFETY Requirements.........................................................3 EXAMINATION OF PROJECT SITE AND PRE-BID ACCESS TO THE SITE...................................3 INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA .............................................5 BIDDER’S SECURITY.......................................................................................................................5 BID FORM.........................................................................................................................................6 SUBMISSION OF BID FORMS .........................................................................................................7 WITHDRAWAL OF BID .....................................................................................................................8 PUBLIC OPENING OF BIDS.............................................................................................................8 REJECTION OF IRREGULAR BIDS.................................................................................................8 COMPETITIVE BIDDING ..................................................................................................................8 ESTIMATED QUANTITIES................................................................................................................8 SUBSTITUTION OF ALTERNATIVE MATERIALS, ARTICLES, OR EQUIPMENT...........................9 LOCAL BUSINESS LICENSE ...........................................................................................................9 WORK PERCENTAGES ...................................................................................................................9 DESIGNATION OF SUBCONTRACTORS......................................................................................10 CONTRACTS TO BE ASSIGNED (NOT USED) .............................................................................11 MANUFACTURER CERTIFICATION AND APPROVAL OF CONTRACTOR (NOT USED) ...........11 DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS...................................................11 IRAN CONTRACTING ACT CERTIFICATION (Not Used)..............................................................11 SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES...........................11 SHEETING, SHORING AND BRACING (NOT USED)....................................................................11 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS..................................................................11 BIDDERS INTERESTED IN MORE THAN ONE BID ......................................................................11 RETURN OF BIDDER’S SECURITY...............................................................................................11 RELIEF OF BIDDERS.....................................................................................................................12 AWARD OF CONTRACT ................................................................................................................12 CONTRACT BONDS.......................................................................................................................13 INSURANCE ...................................................................................................................................13 EXECUTION OF CONTRACT AGREEMENT .................................................................................13 FAILURE TO EXECUTE CONTRACT AGREEMENT .....................................................................14 NO ORAL AGREEMENTS ..............................................................................................................15 BID PROTEST.................................................................................................................................15 ESCROW BID DOCUMENTS (NOT USED)....................................................................................16

BIDDING REQUIREMENTS
December 2024 00200 - 2 City of Yuba City
Instructions to Bidders Municipal Well No. 3
ARTICLE 1 ― GENERAL

1.1 Bidder must examine these instructions to Bidders carefully and respond to all requirements and conditions.

1.2 Bidders must be aware of the requirements of codes, permits and standards referenced in the Contract Documents.

ARTICLE 2 ― WORK TO BE DONE

2.1 It is the intention of the City to construct improvements as shown and set forth in the Contract Documents titled: Municipal Well No. 3, as prepared by LSCE. All of the Work is particularly set forth in the Contract Documents, and all of said Work, together with all other work incidental thereto, is included. The Work includes the furnishing of all labor, materials, equipment, tools, supervision, incidentals, transportation and services necessary for completion of the Project.

Codes and Standards, definition of words and terms, and abbreviations shall be as specified in the Contract Documents.

ARTICLE 3 ― COMPETENCE OF BIDDERS AND SUB-BIDDERS

3.1 All Bidders must complete and submit with their Bid the following Certifications:

A. Section 00480, Certification of Bidder’s Experience and Qualifications.

Failure to provide this information within the prescribed Bid deadlines may render the Bid nonresponsive and may be the basis for rejection of the Bid.

ARTICLE 4 ― COMPLIANCE WITH CONTRACTOR’S LICENSE LAWS

4.1 Bidder's attention is directed to the provisions of Chapter 9 of Division 3 of the California Business and Professions Code ("Contractors”), and of California Public Contract Code Section 3300. The Contractor must possess the required classification of Contractor's License at the time the Bid is submitted (per Business and Professions Code Section 7028.15). If federal funds are involved in this project, the Contractor must possess the required classification of Contractor's License at the time of the Contract Award (per California Public Contract Code Section 20103.5).

4.2 If a Bidder does not possess the required Contractor's License at the time a Bid is submitted, in accordance with Business and Professions Code Section 7028.15, the Bid will be considered nonresponsive and will be rejected by the City. The City may require forfeiture of the Bidder's Bond.

4.3 Joint venture Bidders must possess a joint venture license. Each party to a joint venture must be properly licensed for the Work of this Project.

ARTICLE 5 ― PRIOR DISQUALIFICATION

5.1 Bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed or otherwise prevented from Bidding on, or completing a federal, state or local project because of a violation of a law or a safety regulation.

5.2 The City will review the circumstances presented in the Bid Form certification. The City will determine if acceptance of the Bid is in its best interest.

ARTICLE 6 ― EXAMINATION OF CONTRACT DOCUMENTS

6.1 Each Bidder shall thoroughly examine and become familiar with the Contract Documents and Addenda (if any).

6.2 The submission of a Bid shall constitute an acknowledgment upon which the City may rely that the Bidder has thoroughly examined and is familiar with the Contract Documents and that, except as provided in the Pre-Bid Protest Procedures in Article 26 below, the Bidder has waived

BIDDING REQUIREMENTS
December 2024 00200 - 3 City of Yuba City
Instructions to Bidders Municipal Well No. 3
any objections or contentions regarding the Contract Documents and/or the bidding requirements in the Contract Documents.

6.3 The failure or neglect of a Bidder to receive or examine any of the Contract Documents shall in no way relieve it from any obligation with respect to its Bid or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract Documents.

6.4 The submission of a Bid will be conclusive evidence that the Bidder has investigated and is fully aware of the conditions and difficulties that may be encountered including the availability of labor and materials to be provided, of the character, quality and quantities of Work to be performed, and of the requirements of all Contract Documents.

ARTICLE 7 ― NOVEL CORONAVIRUS (COVID-19) SAFETY REQUIREMENTS

7.1 Given the COVID-19 impacts to society preceding the bidding of this Project, as well as the prospective performance of the Work, it is paramount that each Bidder recognize these impacts and changes which include social distancing, ability to have commerce perform at the desired pace, different labor interaction, increased safety measures, and a myriad of other impacts to construction operations. Heightened and increased measures to protect persons from illness, and the adoption and implementation of many new and increased practices, will make the performance of construction work different and more challenging.

7.2 It is the intent of the City, by including the previous paragraph, as well as Section 01170, Novel Coronavirus (COVID-19) Safety Requirements, to alert all Bidders for all aspects of this Project, that they are to include in their Bids all known and reasonably estimated costs and impacts to the ability to obtain goods and materials required, as well as labor to perform the Work. Further, all costs for all of these and other aspects of the project, including supervision, testing, inspection, QA/QC, etc. (this listing is intended to be illustrative and not comprehensive) shall be evaluated by each Bidder so their Bid submitted to the City includes all such perceived impacts in recognition of the foregoing and subsequent notices in this and other sections of the Contract Documents.

7.3 Each Bidder is to critically appraise and evaluate the reasonably anticipated costs and time impacts, if any, which may need to be accounted for in light of the COVID–19 pandemic and all governmental directives and requirements, and commercial impacts, arising therefrom.

7.4 It is the responsibility of each Bidder to alert all Sub-Bidders (potential subcontractors and suppliers of every tier and trade) to also factor in the above-referenced COVID-19 cost and time impacts, if any, into their sub-bids to Bidders for any and all aspects of the Project.

7.5 By submitting a Bid for this Project, each Bidder represents to the City they included in their Total Bid Price all cost impacts, whether affecting labor (including, but not limited to obtaining qualified workers, quantity of workers, as well as their productivity), deliveries, supervision, testing and/or procurement of materials and/or equipment and time caused by COVID-19 safety requirements found in Section 01170 and also all public health and/or governmental directives in place at the time Bids are received by the City for this Project. Furthermore, each Bidder recognizes they will not be entitled to a change order granting a COVID-19 related time extension and/or for any COVID-19 related increased costs, which arise from Section 01170, Novel Coronavirus (COVID-19) Safety Requirements and/or from all public health and/or governmental directives in place at the time Bids are received by the City for this Project.

ARTICLE 8 ― EXAMINATION OF PROJECT SITE AND PRE-BID ACCESS TO THE SITE

8.1 Prior to submitting a Bid, it will be the sole responsibility of each Bidder to conduct any additional examination, investigation, exploration, test, study or other inquiry, and obtain any additional information pertaining to the physical conditions (including surface, subsurface, and underground utilities) at or near the Project site that may affect the cost, progress, or performance of the Project, and that the Bidder deems necessary to prepare its Bid for performance of the Project in accordance with the Contract Documents. Bidders seeking any

BIDDING REQUIREMENTS
December 2024 00200 - 4 City of Yuba City
Instructions to Bidders Municipal Well No. 3
such additional examination or other inquiries or information concerning the Project will do so at the Bidder's sole expense.

8.2 Bidders seeking to conduct any additional examination or other inquiry at the Project site must request site access from the City by contacting at least three (3) working days in advance to:

William Jow
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
(530) 822-4638
[email protected]

8.3 If, during the course of its site inspection, a Bidder finds conditions which appear to be in conflict with the letter or spirit of the Contract Documents, the Bidder may apply to the City, in writing, for additional information and explanation at least ten (10) calendar days before the time specified for opening the Bids.

8.4 Where investigation of subsurface conditions has been made by City in respect to foundation or other design, Bidders may inspect City's records of such investigation, including examination of samples and drill cores, if any.

8.5 When logs of test borings indicating a record of the data obtained by City's investigation of subsurface conditions are made available, said logs represent only the investigator's opinion as to the character of material encountered in test borings and are made available only for the convenience of Bidders.

8.6 Investigation of subsurface conditions is made for the purpose of design, and City assumes no responsibility, whatsoever, in respect to the sufficiency of test borings, accuracy of the log of test borings, of other preliminary investigations, or in the interpretation thereof. There is no warranty or guarantee, express or implied, that the conditions indicated are representative of those existing throughout the Work, or any part of it, or that unforeseen conditions may not be encountered.

8.7 Making information available to Bidders is not to be construed in any way as a waiver of the aforesaid provisions, and Bidders must satisfy themselves through their own investigations as to conditions to be encountered.

8.8 No information derived from such inspection of records of preliminary investigations made by City, or from the maps, Drawings or Contract Documents, relieve Contractor from any risk or from properly fulfilling all the terms of the Contract. Records of such preliminary investigations as may have been made by City may be inspected by contacting the City’s Project Manager identified in the Notice Inviting Bids.

8.9 Failure by Bidder to educate itself with available information will not relieve Bidder from responsibility for estimating properly the difficulty or cost of successfully performing the Work.

The information provided by the City is not intended to be a substitute for, or a supplement to the independent verification by the Bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the Bidder.

8.10 Submission of a Bid by the Bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied upon and is relying on its own examination of (1) the site of the Work, (2) access to the site, (3) all other data and matters requisite to the fulfillment of the Work and on its own knowledge of existing facilities on and in the vicinity of the site of the Work to be constructed under the Contract, (4) the conditions to be encountered, (5) the character, quality and scope of the proposed Work, (6) the quality and quantity of the materials to be furnished, and (7) the requirements of the Contract Documents, and other related information made available to Bidders by the City (see Section 00300, Supplemental Project Information Available to Bidders).

8.11 Bidders are required to inform themselves fully of the conditions relating to the construction and labor under which the Work will be or is now performed, and, so far as possible, the

BIDDING REQUIREMENTS
December 2024 00200 - 5 City of Yuba City
Instructions to Bidders Municipal Well No. 3
successful Bidder must employ such means and methods in carrying out its Work as will not cause any interruption or interference with any other contractor.

ARTICLE 9 ― INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA

9.1 If any person contemplating submitting a Bid is in doubt as to the intended meaning of any part of the Contract Documents, or finds discrepancies in, or omissions in the Contract Documents, that person must submit a written request for an interpretation or correction thereof at least seven (7) calendar Days before the deadline for receipt of Bids.

9.2 Inquiries regarding further information about the Contract Documents may be submitted electronically to www.publicpurchase.com. It is the Bidder's sole responsibility to ensure that the question is received by the above designated recipient in a timely manner.

9.3 Any request received fewer than seven (7) calendar days before the said deadline may not be answered. The person submitting the request will be responsible for its prompt delivery.

9.4 Any interpretation or correction of the Contract Documents will be made only by Addendum and will be sent to each plan holder by e-mail, to the e-mail where the project documents were sent.

9.5 The City is not responsible for any explanation or interpretation of the Contract Documents not communicated to Bidders in an Addendum. If no Addenda are issued relating to supposed discrepancy, conflict, omissions or errors in figuring the Work, the supposed discrepancies, conflicts, or omissions are governed by Section 00700-1.05, Order of Precedence of the Contract Documents.

9.6 The City reserves the right to revise or amend any part of the Contract Documents, including but not limited to, the specifications, up to the time set for opening the Bids. Such revisions and amendments, if any, shall be announced by written addenda. Copies of such written addenda shall be furnished to all recipients of complete sets of Contract Documents. Addenda issued during the time of bidding shall become a part of the documents furnished Bidders for the preparation of Bids, shall be covered in the Bids, and shall be made a part of the Contract Documents. Each Bid shall include specific acknowledgment in the space provided of receipt of all Addenda issued during the bidding period. Failure to acknowledge may result in the Bid being rejected as not responsive. Failure of any Bidder to receive such Addenda shall not be grounds for non-compliance with the terms of the instructions.

9.7 Should the Bidder find patent ambiguities in the Contract Documents, the Bidder shall at once notify the City of such findings in writing prior to opening of the Bids. Replies to such notification of patent ambiguities may be made in the form of Addenda, which will be issued simultaneously to all persons who have obtained a copy of the Contract Documents from the City. Failure of the Bidder awarded the Contract to notify the City of such patent ambiguity shall eliminate any and all recourse, including time extensions and Contract price adjustments the Bidder may have, against the City occurring as a result or arising out of such patent ambiguity.

ARTICLE 10 ― BIDDER’S SECURITY

10.1 Each Bid must be accompanied by cash, a certified or cashier's check, or an original Bidders Bond in an amount not less than ten percent (10%) of the total aggregate of the Total Bid Price to be used in determining the lowest monetary Bid for the Project.

10.2 A Bid will be considered non-responsive if not accompanied by proper Bidder’s Security.

10.3 The original Bid Bond must be provided by an admitted Surety insurer, authorized to issue Surety bonds in the State of California, and it must execute the Bid Bond.

10.4 Bonds and checks must be made payable to “City of Yuba City”.

10.5 All bonds must be provided on the forms included with the Contract Documents or the Bid will be considered non-responsive.

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Instructions to Bidders Municipal Well No. 3
ARTICLE 11 ― BID FORM

11.1 Prospective Bidders are furnished Bid forms which must be submitted as listed below.

BID FORMS FOUND IN INDIVIDUAL SPECIFICATION SECTIONS SHOWN BELOW MUST BE

SUBMITTED AT TIME OF THE BID

1. Bid Form (Section 00400)

2. Bid Bond (Section 00410)

3. Site Visit Affidavit (Section 00420)

4. Designation of Subcontractors (Section 00430)

5. Schedule of Major Equipment and Material Suppliers (Section 00435)

6. Non-Collusion Declaration (Section 00440)

7. Debarment Certification (Section 00445)

8. Certification of Drug Free Workplace (Section 00450)

9. Iran Contracting Act Certification (Section 00460)

10. Certification of Bidder’s Experience and Qualifications (Section 00480)

11. Statement of Safety Compliance (Section 00490)

12. Bidder’s Signature Authority (see item 11.3.C below)

11.2 A Bid not submitted on the Bid forms furnished by the City will be considered non-responsive.

11.3 Completing the Bid Forms:

A. Bidder’s name must be the same as listed on Bidder’s California State Contractor’s license provided by Bidder on its Bid Form and also Bidder’s DIR registration provided on its Bid Form.

B. Bid price(s) must be in the manner required by the Bid Form.

C. Bid Form must be signed by Bidder or duly authorized representative.

1. If Bidder is an individual, name must be stated.

2. If Bidder is a partnership, name of the partnership must be stated, and one or more partners must sign the Bid Form.

3. If Bidder is a corporation, name of the corporation must be stated, the state of incorporation must be listed, the title of the person with authority to sign and bind corporation, must be stated, and the corporate seal must be affixed. If the Bid is made by a corporation; a copy of the bylaws or resolution of the Board of Directors of the corporation shall be furnished, showing the authority of the officer signing the Bid, to execute Bid on behalf of the corporation.

4. If Bidder is a Limited Liability Company (LLC), state the name of the LLC exactly as it appears on file with the California Secretary of State, including the entity ending (ex: “Jones & Company, LLC” or “Smith Construction, a Limited Liability Company”. Signature of the LLC’s Managing Partner or Officer must include attached evidence of authority to bind the LLC under the LLC’s articles of organization. Additionally, the Bid shall include a copy of the LLC resolution or agreement empowering the authorized representative to execute the Bid and bind the LLC.

5. If the Bid is made by a joint venture, the Bid shall be signed by an authorized representative of the sponsoring partner of the joint venture. Additionally, the Bid

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shall include a copy of the joint venture resolution or agreement empowering the authorized representative to execute the Bid and bind the joint venture.

6. Bidder’s business and mailing address must be stated.

11.4 Required Listing of Major Equipment Items
A. Certain items of major equipment to be provided under this Contract are tabulated in the Section 00435, Schedule of Major Equipment and Material Suppliers. The Bidder shall designate the name of the manufacturer of the equipment to be provided for each major equipment item and submit this form with its Bid. By so indicating, the Bidder warrants that equipment manufactured and/or supplied by the designated manufacturer will be provided on the Project. See Section 00435 for additional instructions and requirements.

ARTICLE 12 ― SUBMISSION OF BID FORMS

12.1 Bid Forms must be completed in ink or typed, completely filled out, and submitted on the Bid Form furnished as part of the Contract Documents. Faxed Bids will not be considered by City.

All signatures on the Bid Forms shall be wet signatures.

12.2 It is the sole responsibility of the Bidder to ensure that its Bid is received at the proper time and at the proper location. Bids received after the time fixed for receiving them will not be considered.

12.3 Late Bids will be returned by the City to the Bidder unopened.

12.4 The Bid Form submitted must not contain any erasure, interlinear additions, or other corrections unless each such correction is authenticated. Authentication may be made by affixing in the margin, immediately opposite the correction, the signature of the person submitting the Bid.

12.5 Changes in or additions to the Bid Form, recapitulations of the Work bid upon, alternative or additive bids, or any other modifications of the Bid Form which are not specifically called for in Section 00400, Bid Form, may result in rejection of the Bid by the City. The City may treat all such Bids as not being responsive to the Notice Inviting Bids.

12.6 The City will consider no oral, telephonic or email modification of any Bid submitted.

12.7 Each Bid shall be enclosed in a sealed envelope distinctly marked “BID” and include:
• Project title as given,
• Date and Time of Bid Opening,
• Name and address of Bidder, and
• Attention: City Clerk
A Federal Express, UPS, or other courier delivery envelope is not considered the sealed “BID” envelope. Such delivery envelope must also be marked with the above required information.

Failure to mark sealed envelopes may result in a premature opening of, or failure to open, such Bid. Bid submissions with improperly marked sealed envelopes may be disregarded.

12.8 Bids shall either be (1) delivered in person at the designated location at the City of Yuba City office located at 1201 Civic Center Boulevard, Yuba City, CA 95993, during normal business hours, being 8 a.m. to 5 p.m., Monday through Friday, or, (2) mailed to “Office of the City Clerk of the City of Yuba City located at 1201 Civic Center Boulevard, Yuba City, CA 95993, so that either delivery method is received by the Bid submission deadline time and date.

12.9 The preparation of a Bid shall be by and at the expense of the Bidder.

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ARTICLE 13 ― WITHDRAWAL OF BID

13.1 Any Bid may be withdrawn at any time before the time fixed in the Notice Inviting Bids, or as postponed by Addenda, for the opening of Bids only by written request of the Bidder or a duly authorized representative.

13.2 Withdrawal of a Bid does not prejudice the right of the Bidder to file a new Bid at any time prior to the time fixed for receiving Bids in the Notice Inviting Bids, or as postponed by Addenda.

13.3 Whether or not Bids are opened exactly at the time stated in the Notice Inviting Bids, or as postponed by Addenda, a Bid will not be accepted after the time stated.

13.4 After the opening of Bids, Bids may only be withdrawn in accordance with the provisions of California Public Contract Code Sections 5100-5107.

ARTICLE 14 ― PUBLIC OPENING OF BIDS

14.1 Bids will be opened and read publicly at the time and place indicated in the Notice Inviting Bids.

Bidders or their authorized agents are invited to be present.

ARTICLE 15 ― REJECTION OF IRREGULAR BIDS

15.1 The City may reject any Bid if there appears to be any alteration of the Bid Form, any addition or condition not called for, or any incompleteness, erasure or irregularity of any kind.

15.2 Bids not completed in Ink or typed will be rejected.

15.3 If the Bid amount or other material information is changed, the change must be authenticated by affixing immediately next to the correction, the initials of the person submitting the Bid.

ARTICLE 16 ― COMPETITIVE BIDDING

16.1 More than one Bid from an individual, firm, partnership, corporation, or combination thereof, as a principal, under the same or different names will not be considered. Reasonable basis for believing that any individual, firm, partnership, corporation, or combination thereof is a principal in more than one Bid for the Work contemplated may cause the rejection of all Bids in which such individual, firm, partnership, corporation, or combination thereof is a principal.

16.2 If there is a reason for believing that collusion exists among the Bidders, any or all Bids may be rejected.

16.3 A person, firm, or corporation submitting a sub-bid to a Bidder, or who quoted prices on materials to a Bidder, is not thereby disqualified from submitting a sub-bid or quoting prices to other Bidders or from being a principal Bidder for the same Work.

16.4 Bids in which unit prices are obviously unbalanced may be rejected.

16.5 Bidders are put on notice that any collusive agreement fixing the prices to be Bid so as to control or affect Awarding of the Contract is in violation of competitive bidding requirements of the Public Contract Code and may render void any Contract let under such circumstances.

ARTICLE 17 ― ESTIMATED QUANTITIES

17.1 The quantities stated in a schedule of items for which unit prices are asked to be Bid are approximate only.

17.2 The quantities are given as a basis for the comparison of Bids.

17.3 The City does not, expressly or by implication, represent that the actual amount of Work will correspond with quantities given and reserves the right to increase or decrease the quantities of Work for any Bid item, or to omit portions of the Work, as the City may deem necessary or advisable.

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ARTICLE 18 ― SUBSTITUTION OF ALTERNATIVE MATERIALS, ARTICLES, OR EQUIPMENT

18.1 Bids must be based upon use of items named in the Contract Documents.

18.2 By so indicating, the Bidder warrants that equipment manufactured and/or supplied by the named manufacturer will be provided on the Project unless review of submittal information or performance under tests reveals that the equipment does not meet the Contract requirements.

18.3 Failure to indicate a manufacturer for any single item of the equipment listed in the schedule may render the Bid unresponsive to the Notice Inviting Bids and may be a basis for rejection of the Bid.

18.4 In certain cases, specific items have been named (Named Products) because of operational or maintenance considerations; approval of proposed equals should not be assumed.

18.5 Pursuant to California Public Contract Code §3400, alternative material(s), article(s), or equipment that are of equal quality and of required characteristics for the purpose intended may be proposed provided the Bidder complies with the following requirements:

A. The proposal will not be considered unless the submittal is accompanied by complete information and descriptive data necessary to determine equality of offered material(s), article(s) or equipment.

B. Samples must be submitted when requested by the City.

C. Burden of proof as to comparative quality, suitability, and performance of offered material(s), article(s), or equipment is the responsibility of the Bidder submitting the proposal.

D. Requests for approval must comply with the requirements of Section 01605, Product Requirements and Substitutions.

18.6 The City’s Representative is the sole judge as to such matters. In the event the City’s Representative rejects the use of such Alternative(s) submitted, then the Contractor must furnish one of the particular Named Products specified in the Contract Documents.

18.7 Proposals for Alternative material(s), process, article(s), or equipment will not be accepted during the bid period.

18.8 See Section 01605, Product Requirement and Substitutions, for additional substitution requirements.

ARTICLE 19 ― LOCAL BUSINESS LICENSE

19.1 If required by City or County, the Contractor shall have a local business license for the Work contemplated before the Contract can be executed. All subcontractors will be required to secure the appropriate local business license before they commence work on the Project.

ARTICLE 20 ― WORK PERCENTAGES

20.1 The Contractor shall perform at least seventy percent (70%) of the Contract Total Base Bid Amount. This portion of work shall encompass the performance of work by the Contractor’s forces and equipment, the procurement of materials and equipment by the Contractor and field related general conditions required to support and supervise the construction effort.

Subcontractors shall not be responsible for the performance of any work or procurement of materials or equipment within the above Contractor’s work percentage allotment. Materials purchased by the Contractor but installed by a subcontractor will not contribute to the above Contractor’s work percentage allotment.

20.2 The value of the work subcontracted shall be determined by summing all of the percentages identified for the subcontractors listed in Section 00430, Designation of Subcontractors. If the sum of such percentages exceeds thirty percent (30%) the City may treat the Bid as nonresponsive and reject it on that basis.

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20.3 By submitting a Bid, the Bidder is certifying that it is in compliance with this obligation. This selfperformance requirement is a material term of these Contract Documents and shall be subject to verification upon request. If it is determined that the Bidder’s certification was other than true in all respects, the Bidder agrees that the following shall occur:

A. if the Contract has not been awarded to the Bidder, the Bidder’s Bid shall be deemed non-responsive; or
B. if the Contract has been awarded, at the discretion of the City, Contractor shall be subject to either:

1. A reduction of its Total Original Contract Price by ten (10) percent of the value of the amount by which the certification was in error (e.g., if the Total Bid Price is $10,000,000 and the amount of self-performed work is determined to be $3,000,000 instead of at least $4,000,000, then the amount of the shortfall ($1,000,000) shall be multiplied by 10% to yield the sum of $100,000 to be reduced from the contract price); or

2. Termination of the Contractor’s right to proceed for default.

ARTICLE 21 ― DESIGNATION OF SUBCONTRACTORS

21.1 In accordance with California Public Contracting Code Section 4100, et. seq., “Subletting and Subcontracting Fair Practices Act,” each general Bid shall have listed in Section 00430, Designation of Subcontractors, the name, location of the place of business and the portion of work to be performed by each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the work or improvement, or of any subcontractor licensed by the State of California who, under subcontract to the Bidder, will specially fabricate and install 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 one percent of the Bidder's Total Bid Price. If required by City or County, the Contractor shall have a local business license for the Work contemplated before the Contract can be executed. All subcontractors will be required to secure the appropriate local business license before they commence work on the Project.

21.2 If no subcontractor is specified for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, to be performed under the Contract in excess of onehalf of one percent (1/2%) of the Bidder’s Total Bid Price, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that Work and that it shall perform that portion itself.

21.3 Failure to comply with the provisions of the California "Subletting and Subcontracting Fair Practices Act" shall make the Contractor subject to the sanctions as set forth in the Act.

21.4 The Bidder’s listed subcontractors in Section 00430, Designation of Subcontractors, must be registered with the State of California, Department of Industrial Relations (DIR) accordance with California Labor Code section 1725.5. Bidders shall list all applicable DIR registration numbers contact information on Section 00430, Designation of Subcontractors.

21.5 Bidders’ attention is directed to the provisions of the Subletting and Subcontracting Fair Practices Act, beginning with California Public Contract Code Section 4100, related to penalties for use of unauthorized Subcontractors or by making unauthorized substitutions.

21.6 Alternate subcontractors shall not be listed for the same work.

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ARTICLE 22 ― CONTRACTS TO BE ASSIGNED (NOT USED)
ARTICLE 23 ― MANUFACTURER CERTIFICATION AND APPROVAL OF CONTRACTOR (NOT USED)
ARTICLE 24 ― DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

24.1 In accordance with the provisions of the California Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to section 1777.1 or section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor used on the Work.

ARTICLE 25 ― IRAN CONTRACTING ACT CERTIFICATION (NOT USED) ARTICLE 26 ― SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES

26.1 Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents. Bidders shall include all applicable taxes and fees that are in effect or reasonably anticipated on the bid date in their bid price.

ARTICLE 27 ― SHEETING, SHORING AND BRACING (NOT USED)
ARTICLE 28 ― OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS

28.1 As provided by Public Contract Code Section 7103.5, in submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it does assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Bidder for sale to the City pursuant to the Bid. Such assignment shall be made and become effective at the time the City tenders final payment to the Bidder.

ARTICLE 29 ― BIDDERS INTERESTED IN MORE THAN ONE BID

29.1 No person, firm, or corporation, under the same or different name, shall make, file, or be interested in more than one Bid for the same work unless alternate Bids are called for. A person, firm, or corporation may, however, submit sub-proposals or quote prices on materials to more than one Bidder.

29.2 Pursuant to California Public Contract Code Section 7106, Bidders shall execute and furnish with their Bids Section 00440, Non-Collusion Declaration. Reasonable grounds to believe that any individual, partnership, corporation, or combination is interested in more than one Bid for the proposed Work may cause rejection of all Bids in which that individual, partnership, corporation, or combination is interested.

ARTICLE 30 ― RETURN OF BIDDER’S SECURITY

30.1 The Bid guarantees of the three lowest Bidders will be retained until the Agreement is signed, evidence of insurance provided, and satisfactory bonds furnished, or other disposition made thereof.

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30.2 The Bid guarantees of all Bidders except the three lowest, responsive Bids will be returned within twenty-one (21) calendar days after the Bids are opened.

30.3 If all Bids are rejected and no award is made, all Bid guarantees will be returned within ten (10) calendar days of the decision by the City not to award the Contract, and in any event not later than seventy (70) calendar days after the Bids are opened.

ARTICLE 31 ― RELIEF OF BIDDERS

31.1 Attention is directed to the provisions of California Public Contract Code Sections 5100 through 5107 that set forth the criteria and procedures for relief of Bidders, and for authorizing Contract Award to another Bidder.

ARTICLE 32 ― AWARD OF CONTRACT

32.1 After the Bids have been opened and read, they will be checked for accuracy and compliance with the Contract Documents. If a Contract is awarded, it will be to the lowest responsible, Bidder submitting a responsive Bid. All Bids will be compared on the basis of the Engineer’s estimate of the quantities of work to be done. The City reserves the right to reject an unbalanced Bid which is a Bid having nominal or artificially reduced prices for some bid items and enhanced prices for other bid items.

32.2 In the event that an identical Total Lowest Monetary Bid Price, as determined by the City, is received from two or more responsive and responsible Bidders, the City may re-advertise for Bids, or the successful Bidder may be determined by the casting of lots with the tie Bidders in public at a date and time set by City.

32.3 In the evaluation of any Bid, the City shall have the right to consider information provided by sources other than Bidder.

32.4 The criteria which will be used to determine the lowest responsible Bidder submitting a responsive Bid are as follows:

A. Responsive Bid: Means a Bid which conforms in all material respects to the Contract Documents.

B. Responsible Bidder: Means a Bidder who has the qualifications, fitness, capacity and experience in all respects to perform fully the requirements under the Contract Documents and who has the integrity and reliability to assure good faith performance, including:

1. Financial, material, equipment, facility, and personnel resources and expertise necessary to meet contractual requirements.

2. A record of integrity.

3. A record of Successful Project Completions defined as:
a. Completion of project on time and without liquidated damages. b. Completion of project without excessive defective work issues. c. Completion of project without excess or meritless claims or disputes issues.

4. Qualified legally to contract with the City, and;

5. Has not failed to supply any necessary information in connection with the inquiry concerning responsibility.

32.5 No Bidder may withdraw its Bid for the period of Days stated in Section 00400, Bid Form, after the date set for the opening thereof, and the Bid will be subject to acceptance by the City throughout this period.

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Instructions to Bidders Municipal Well No. 3

32.6 The Contract, if awarded, will be to that responsible Bidder submitting the lowest responsive Total Base Bid Price as stated in Section 00400, Bid Form, subject to City's right to reject any or all Bids and to waive any informality or irregularity in the Bids or in the bidding procedures.

32.7 The time period within which Award of Contract may be made is subject to an extension of such further period as may be agreed upon in writing between the City and the Bidder.

32.8 Only one Contract will be awarded.

32.9 After Contract award, no Contract is formed until all Contract Bonds and Insurance documents have been accepted by the City and the Agreement is signed by the City; the Contractor submits the signed Contractor’s Certification regarding Worker’s Compensation; and the Agreement is signed by the City.

ARTICLE 33 ― CONTRACT BONDS

33.1 The successful Bidder (hereinafter "Contractor") must pay all Contract Bond premiums, costs thereof, and incidental thereto.

33.2 Each Contract Bond must be signed by both Contractor and the Sureties.

33.3 As a condition to the City signing the Agreement, the successful Bidder must file with City on the bond forms furnished by the City, the two surety bonds in the amounts and for the purposes noted below, duly executed by a Surety company meeting the requirements of Article 21 herein.

33.4 The Payment Bond must be in an amount of one hundred percent (100%) of the Contract Sum as determined from the prices in the Bid Form, including the base Bid and all additive and/or deductive Bid items accepted by the City and identified in the Award, and shall inure to the benefit of persons performing labor or furnishing materials in connection with the Work. This bond must be maintained in full force and effect until all Work is completed and accepted by City, and until all claims for materials and labor have been paid.

33.5 The Performance Bond must be in an amount of one hundred percent (100%) of the Contract Sum as determined from the prices in the Bid Form, including the base Bid and all additive and/or deductive Bid items accepted by the City and identified in the Award, and must be so conditioned as to ensure the faithful performance by Contractor of all Work. It shall also include the replacing, or making acceptable, of any defective materials or faulty workmanship during the Guarantee period(s).

33.6 If any Surety or Sureties are deemed unsatisfactory at any time by City, City will notify Contractor, and Contractor must forthwith substitute a new Surety or Sureties satisfactory to City. No further payment will be deemed due or made until the replacement Sureties qualify and are accepted by City.

33.7 All changes to the Contract Sum, Contract Time, or Contract Documents may be made without securing the consent of the Surety or Sureties on the Contract Bonds.

33.8 Sureties must be California admitted Sureties.

ARTICLE 34 ― INSURANCE

34.1 Contractor will be required to furnish to City, concurrently with execution of the Agreement, insurance documents evidencing coverage as required by Section 00700- Article 13, Insurance and Indemnification.

ARTICLE 35 ― EXECUTION OF CONTRACT AGREEMENT

35.1 The form of Agreement which the successful Bidder, as Contractor, must execute, and the form of Contract Bonds and Insurance coverage that it must provide are included in the Bid Documents and must be carefully examined by each Bidder. All Contract Bonds, policies or certificates of insurance, and Insurance policy endorsements must be delivered with or before the delivery of the signed Agreement form and must be acceptable to City.

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Instructions to Bidders Municipal Well No. 3

35.2 The Bidder to whom the Contract is awarded by City must, within fifteen (15) calendar Days after Bidder’s receipt of Section 00500, Notice of Award, sign and deliver the following documents to the City Clerk at City of Yuba City located at 1201 Civic Center Boulevard, Yuba City, CA 95993:

A. One (1) original and one (1) copy of the signed Agreement form furnished by City. See Section 00510, Agreement; and
B. One (1) original and two (2) copies of the Faithful Performance Bond. See Section 00540, Performance Bond”; and
C. One (1) original and two (2) copies of the Payment Bond. See Section 00550, Payment Bond Form; and
D. Policies of Insurance, Insurance certificates and endorsements as required by the Contract Documents; and
E. Worker’s Compensation Certification. See Section 00560, Contractor’s Worker’s Compensation Certification.

35.3 Should Contractor begin Work in advance of the start date for the Work, as stated in the Notice to Proceed, the Work will be considered as having been done at Contractor’s risk as a volunteer.

ARTICLE 36 ― FAILURE TO EXECUTE CONTRACT AGREEMENT

36.1 Failure of the successful Bidder to execute the Agreement in the form satisfactory to City is just cause for the annulment of the Award and the forfeiture of the Bidder's Security.

36.2 Failure of the successful Bidder to sign and return the Agreement within fifteen (15) calendar Days after notification of Award by the City constitutes failure to execute the Agreement.

36.3 Failure to return required Contract Bonds and insurance documents within fifteen (15) calendar Days after notification of Award by the City constitutes failure to execute the Agreement.

36.4 The failure to execute the Agreement or to furnish the bonds or evidences of insurance required by these Instructions to Bidders within fifteen (15) calendar days after receiving written notice of the Award of the Contract constitutes default. In case of default, the City may, at its sole discretion, award the Contract to the next lowest responsive and responsible Bidder or may readvertise the project for new Bids. If a more favorable Bid is received by re-advertising, the defaulting Bidder agrees that it shall have no claim against the City including for a refund, should a more favorable Bid be received via re-advertising.

36.5 If a Bidder to whom an award is made fails or refuses for any reason to execute the Contract or fails to furnish any or all of the required insurance or Contract Bonds in proper form, within the time stated, it is agreed and stipulated between City and the Bidder to whom any award is made that damage has been and will be sustained by the City. It is further agreed by the City and any and all Bidders that it will be impractical and extremely difficult to fully ascertain and determine the actual damage that the City will sustain by such delay and failure to provide timely or in full the required documentation and to properly and fully execute the Contract Documents. All parties who submit a Bid under the Notice Inviting Bids are hereby advised and, by submitted Bids agree, that the damages suffered by the City by such delay under these circumstances is difficult to precisely ascertain, and further are advised and agree that in the event that the provisions of this paragraph are triggered, the amount of the Bidder’s bond or check is agreed to as the liquidated damages payable by such Bidder(s). This Bidder’s bond or check will be collected and held by the City as the sole property of the City for full compensation for the damages suffered by the City as a result of the Bidder’s failure to timely and completely execute the Agreement and furnish the bonds and evidences of insurance as required.

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ARTICLE 37 ― NO ORAL AGREEMENTS

37.1 No conversation with any officer, employee, agent or Consultant of City, either before, during, or after the execution of the Agreement, affects or modifies any terms or obligations contained in the Contract Documents, nor entitle Contractor to any adjustment in the Contract Time or Contract Sum whatsoever.

ARTICLE 38 ― BID PROTEST

38.1 The lack of a prompt procedure to resolve disputes regarding the bidding process would impair the City's ability to carry out its purpose of constructing this Project in a timely manner.

Therefore, to the maximum extent authorized by law and notwithstanding any other procedures specified in documents referenced herein, all disputes and/or protests regarding the bidding process shall be subject to the following procedures. In submitting a Bid to the City for this Project, the Bidder agrees to comply with and to be bound by the following Bid protest procedures

38.2 Pre-Bid
A. If any potential Bidder believes that any part of the form or content of the Contract Documents, including, without limitation, the Bidder experience and qualification requirements, is vague, ambiguous, gives an unfair advantage or unfairly limits competition, such Bidder must give notice and protest on such grounds to the City Representative as soon as practical, but in no event later than ten (10) working days before the original noticed date for receiving Bids. The City shall, within five (5) working days upon receiving any such protest(s), review the same and publish a written response thereto.

B. Any pre-bid protest shall include:

1. The protest document shall contain a complete and detailed statement of the factual and/or legal basis for the protest and, with respect to any authority relied upon, a copy of said authorities shall be provided.

2. The protest shall identify the specific portion(s) of the Bidding or Contract Documents that form the basis for the protest.

3. The protest shall include the name, address, telephone number, fax number and email address of the protestant, and if applicable, the person representing the protesting party.

C. The procedure and time limits set forth in these Bid protest procedures are mandatory and are the Bidder’s sole and exclusive remedy in the event of a pre-bid protest related to the form or content of the Contract Documents. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including, without limitation, filing a Bid or award protest on the grounds applicable to a pre-bid protest, filing a Government Code claim or filing legal proceedings.

38.3 Bid or Award Protest
A. Any protest relating to any particular Bid opened by the City, or the award of the Contract must be submitted in writing to the City Representative before 5:00 p.m. on the Fifth (5th) working day after the City has received and opened Bids.

B. The initial protest document must contain a complete statement of the basis for the protest, and all supporting documentation. The protest must state the facts and refer to the specific portion(s) of the document that forms the basis for the protest.

C. The party filing the protest must have actually submitted a Bid for the Work. A subcontractor of a party submitting a Bid for the Work may not submit a Bid protest. A party may not rely on the Bid protest submitted by another Bidder but must timely pursue its own protest.

D. The protest must include the name, address, telephone number, fax number and email address of the person representing the protesting party.

BIDDING REQUIREMENTS
December 2024 00200 - 16 City of Yuba City
Instructions to Bidders Municipal Well No. 3
E. The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest, and delivery to all such parties must be in a manner to ensure their receipt on the same day the protest is filed.

F. The City will give the protested Bidder five (5) working days from the date the protest is filed and served to submit a written response. The responding Bidder shall transmit the response to the protesting Bidder concurrent with delivery to the City.

G. The procedure and time limits set forth in this paragraph are mandatory and are the Bidder's sole and exclusive remedy in the event of a Bid or award protest. The Bidder's failure to comply with these procedures shall constitute a waiver of any right to further pursue the Bid or award protest, including filing a Government Code Claim or legal proceedings.

H. The City will review all timely protests prior to award of the Contract. The City will issue a prompt decision on the protest. The City will not be required to hold an administrative hearing to consider any protests but may do so at its option. At the time of the City Board’s consideration of the Project Contract award, the City Council will also consider the merits of any timely protests in its determination of the lowest responsible responsive Bidder.

Nothing in these procedures for protesting a particular Bid or award of the Contract will be construed as a waiver of the City’s right to reject all Bids.

ARTICLE 39 ― ESCROW BID DOCUMENTS (NOT USED)

END OF SECTION

CONTRACTING REQUIREMENTS
December 2024 00515 - 1 City of Yuba City
Certificate of Authorization – Corporation Municipal Well No. 3 SECTION 00515

CERTIFICATE OF AUTHORIZATION
(If Contractor is a Corporation)

STATE OF CALIFORNIA

COUNTY OF SUTTER
I HEREBY CERTIFY that at a meeting of the Board of Directors of the ____________________________, a corporation existing under the laws of the State of California, held on____________,20____, the following resolution duly passed and adopted:
“RESOLVED, that ____________________________, as_____________________________ President of the Corporation, be and is hereby authorized to execute the Agreement dated_______________, 20__, to the City of Yuba City and this Corporation and that his/her execution thereof, attested by the Secretary of the Corporation, and with the Corporate seal fixed, shall be the official act and deed of this Corporation." I further Certify that said resolution is now in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Corporation this___________ day of____________, 20__.
(seal) _______________________________________
Secretary
_______________________________________
Corporate Officer
Company Address:
______________________________
______________________________
______________________________

END OF SECTION

CONTRACTING REQUIREMENTS
December 2024 00515 - 2 City of Yuba City
Certificate of Authorization – Corporation Municipal Well No. 3 (THIS PAGE LEFT BLANK INTENTIONALLY)

December 2024 00540 - 1 City of Yuba City
Performance Bond Municipal Well No. 3

CITY OF YUBA CITY

PUBLIC WORKS DEPARTMENT

FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that, WHEREAS, the City Council of the City of Yuba City, CA (“Obligee or City”), Sutter County, State of California, has awarded to ____________________, hereinafter designated as the "Principal," a Contract, the terms and provisions of which Contract are incorporated herein by reference, for constructing the City of Yuba City, Municipal Well No. 3, Contract No. 22-09, and
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract;
NOW, THEREFORE, we the Principal, and ____________________________, as Surety, are held and firmly bound unto the City of Yuba City, CA, Sutter County, CA, in the penal sum of:
________________________________________ ($____________________), lawful money of the United States, being one hundred percent (100%) of the Contract amount, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above bounden Contractor, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alterations thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the said Contract, the above obligation in above-stated amount shall hold good for a period of one (1) year after the recording of the notice of completion, during which time if the Contractor, its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the Agency from loss or damage made evident during the period of one (1) year from the date of recording of the notice of completion, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the above-stated amount shall remain in full force and effect.

However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. The Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

In the event suit is brought upon this bond by the Agency and judgment is recovered, the Surety shall pay all costs incurred by the Agency in such suit, including, but not limited to, administrative and consultant costs, and reasonable attorneys' fees to be fixed by the Court.

December 2024 00540 - 2 City of Yuba City
Performance Bond Municipal Well No. 3
The address or addresses at which the principal and surety(ies) may be served with notices, papers and other documents under the California Bond and Undertaking Law (Code of Civil Procedure section 995.010 et seq.) is the following:

IN WITNESS THEREOF, the above bounded parties have executed this instrument under their several seals this day of , the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corp. Seal)
Principal:

Signature:

Name & Title:

Address:
(Corp. Seal)
Surety:

Signature:

Name & Title:

Address:

Attorney in Fact: _____________________________________ Surety shall submit the following documents along with this Faithful Performance Bond:

1. Verification that Surety is admitted to transact surety business in the State of California; and

2. Copy of Surety’s Certificate of Authority, issued by the Insurance Commissioner of the State of California, along with a statement that said Certificate has not been surrendered, revoked, cancelled, annulled or suspended.

Approved as to legal form: _________________________________________, City Attorney (NOTE: The date of this bond must not be prior to date of Contract. If Contractor is a partnership, all partners should execute bond.)

END OF SECTION

December 2024 00550- 1 City of Yuba City
Payment Bond Municipal Well No. 3

CITY OF YUBA CITY

PUBLIC WORKS DEPARTMENT

PAYMENT BOND
(LABOR AND MATERIAL BOND)
KNOW ALL MEN BY THESE PRESENTS:

That we, ________________________, as Principal, and _________________________, as Surety, are held and firmly bound unto the City of Yuba, any and all persons named in California Civil Code Section 9100 as Claimants, whose claim has not been paid by the Contractor, in the aggregate total of ________________________________________ ($___________________) (being 100% of the Contract amount) for payment whereof, well and truly to be made, said Principal and Surety bond themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees to the City of Yuba in an amount to be fixed by the court.

The condition of the foregoing obligation is such that, whereas the Principal has entered into a Contract dated _______________________, 2022, with the City of Yuba City, CA (“Owner”) to do the following work, to wit: City of Yuba City, Municipal Well No. 3, Contract No. 22-09.

NOW, THEREFORE, if the Principal or its/his/her subcontractors fail to pay i) any of the persons named in Section 9100 of the Civil Code of the State of California; ii) amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal or its/his/her subcontractor pursuant to Section 13020 of the Unemployment Insurance Code of the State of California, with respect to such work and labor; or iii) for any other work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery used in, upon, or about the performance of work to be done; then the Surety will pay for the same, in the amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.

This bond shall inure to the benefit of any person named in Section 9100 of the Civil Code of the State of California so as to give a right of action to them or their assignees in suit brought upon this bond.

Moreover, if the Owner or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, the Contractor and Surety shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code Section 9550 to 9566, inclusive, and all amendments thereto. The Surety, for value received, hereby stipulates and agrees to waive the benefits of California Civil Code Sections 2819 and 2845. The Surety hereby waives notice of any change, alteration or addition to the Contract or to related subcontracts, purchase orders and other obligations, including but not limited to changes of time. The Surety consents to all terms of the Contract, including provisions on changes to the Contract Documents. No extension of time, Change Order, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Payment Bond or in any way affect the obligations of Surety on this Payment Bond.

Any proceeding, legal or equitable, under this Payment Bond shall be instituted in any court of competent jurisdiction in Sutter County, California.

December 2024 00550- 2 City of Yuba City
Payment Bond Municipal Well No. 3
IN WITNESS THEREOF, the parties have executed this instrument under their several seals this day of , the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corp. Seal)
Principal:

Signature:

Name & Title:

Address:
(Corp. Seal)
Surety:

Signature:

Name & Title:

Address:

Attorney in Fact: _____________________________________ Surety shall submit the following documents along with this Faithful Performance Bond:

1. Verification that Surety is admitted to transact surety business in the State of California; and

2. Copy of Surety’s Certificate of Authority, issued by the Insurance Commissioner of the State of California, along with a statement that said Certificate has not been surrendered, revoked, cancelled, annulled or suspended.

Approved as to legal form: _________________________________________, City Attorney (NOTE: The date of this bond must not be prior to date of Contract. If Contractor is a partnership, all partners should execute bond.)

END OF SECTION

CONTRACTING REQUIREMENTS
December 2024 00560 - 1 City of Yuba City
Contractor’s Certification Regarding Worker’s Compensation Municipal Well No. 3 SECTION 00560

CONTRACTORS CERTIFICATION REGARDING
WORKER’S COMPENSATION
Contract with the City of Yuba City for the construction of:

PROJECT TITLE: MUNICIPAL WELL NO. 3
PROJECT NO.: 22-09
Labor Code §3700:
"Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers, duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate on consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to employees." I am aware of the provisions of §3700 of the Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance. In accordance with the provisions of that code, I will comply with such provisions before commencing the performance of the Work of this Contract.

Contractor: _________________________________
By: _________________________________
Title: _________________________________
Dated: _________________________________
(Labor Code §1861 requires that this Contractor certification must be signed and filed by the Contractor with the public agency prior to performing any Work.)

END OF SECTION

CONTRACTING REQUIREMENTS
December 2024 00560 - 2 City of Yuba City
Contractor’s Certification Regarding Worker’s Compensation Municipal Well No. 3 (THIS PAGE LEFT BLANK INTENTIONALLY)

CONTRACTING REQUIREMENTS
December 2024 00580 - 1 City of Yuba City
Sample Escrow Agreement Municipal Well No. 3
SECTION 00580

SAMPLE ESCROW AGREEMENT
FOR

SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between: City of Yuba City whose address is 1201 Civic Center Boulevard, Yuba City, CA, 95993, hereinafter called "City", and ____________ whose address is ___________________________ hereinafter called "Contractor", and ____________ whose address is ____________________________ hereinafter called "Escrow Agent".

For the consideration hereinafter set forth, City, Contractor, and Escrow Agent agree as follows:

1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by City pursuant to the Construction contract entered into between the City and Contractor for the Municipal Well No. 3, Project No. 22-09 in the amount of $_______________________________ dated __________________ (hereinafter referred to as the “Contract”). Alternatively, on written request of the contractor, the City shall make payment of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and Contractor. Securities shall be held in the name of ____________________________ and shall be designated the Contractor as the beneficial owner.

2. City shall make progress payments to Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that Escrow Agent holds securities in the form and amount specified above.

3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly.

4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the City. The City, Contractor, and Escrow Agent shall determine these expenses and payment terms.

5. The interest earned on the securities or money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to City.

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.

7. City shall have a right to draw upon the securities in the event of default by Contractor. Upon seven (7) days written notice to Escrow Agent from City of the default, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by City.

8. Upon receipt of written notification from City certifying that the Contract is final and complete, and that Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payment of all fees and charges.

9. Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to Sections (5) through (8), inclusive, of this Escrow Agreement, and the City and the Contractor shall

CONTRACTING REQUIREMENTS
December 2024 00580 - 2 City of Yuba City
Sample Escrow Agreement Municipal Well No. 3
hold Escrow Agent harmless from Escrow Agent's release and disbursement of securities and interest as set forth above.

10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of City, Contractor and Escrow Agent in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of City: On behalf of Contractor:
_________________________________ ______________________________ Signature Signature
_________________________________ ______________________________ Name Name
_________________________________ ______________________________ Title Title
_________________________________ ______________________________ Address Address
On behalf of Escrow Agent:
_________________________________
Signature
_________________________________
Name
_________________________________
Title
_________________________________
Address
At the time the Escrow Account is opened, City and Contractor shall deliver to Escrow Agent a fully executed counterpart of this Escrow Agreement.

IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their proper officers on _________________________________.

CITY: CONTRACTOR:
_________________________________ _____________________________ Signature Signature
_________________________________ _____________________________ Name Name
_________________________________ _____________________________ Title Title
_________________________________ _____________________________ Address Address

END OF SECTION

CONTRACTING REQUIREMENTS
December 2024 00600 - 1 City of Yuba City
Notice to Proceed Municipal Well No. 3
SECTION 00600

NOTICE TO PROCEED
Date
Contractor Name
Contractor address
City, State, Zip Code
Subject: Notice to Proceed – Municipal Well No. 3
You are notified that the Contract Times under the above contract will commence to run on (date of first day of work). You are to start performing your obligations pursuant to the Contract Documents.

Before you may start any Work at the Site, you must:

1. Submit certified Safety Program as required by California Code of Regulations, Title 8, General Industry Safety Orders and other related regulatory requirements.

2. Submit copies of applicable permits (Example: Cal DOSH Annual Trench Excavation Permit).

Submit approved fire protection plan, if applicable.

3. Attend preconstruction conference.

This Notice is provided in duplicate original. Please acknowledge this Notice below and return one original to the City.

Sincerely,
______________________________
Benjamin Moody,
Director of Public Works and Development Services

ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by Contractor name, this ___________ day of ______________ 2025.

By: ______________________________
Signature
______________________________
Name and Title (printed)

END OF SECTION

CONTRACTING REQUIREMENTS
December 2024 00600 - 2 City of Yuba City
Notice to Proceed Municipal Well No. 3
(THIS PAGE LEFT BLANK INTENTIONALLY)

CONTRACTING REQUIREMENTS
December 2024 00680 - 1 City of Yuba City
Final Closeout Agreement and Release of Claims Municipal Well No. 4 SECTION 00680

FINAL CLOSEOUT AGREEMENT

AND RELEASE OF CLAIMS
THIS FINAL CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS, hereinafter referred to as “Agreement and Release”, is made and effective this _________, _______ 20___ by and between the City of Yuba City, hereinafter referred to as "City or Owner"; and _____________________________________ hereinafter referred to as "Contractor'.

IT IS HEREBY ACKNOWLEDGED AND MUTUALLY AGREED BETWEEN THE OWNER AND CONTRACTOR AS FOLLOWS:

1. The Owner and Contractor entered into an Agreement (the "Principal Agreement") dated __________, 20__, whereby Contractor was to construct Project described as Municipal Well No. 2.

Pursuant to the terms of said Agreement, the Owner was to pay Contractor the lump sum of Original Contract Amount here and to complete performance of said Agreement within a period of Original Number of Contract Days, to wit: Final Completion Date Here subject only to modification as set forth in written change orders between the parties.

2. The Owner and Contractor hereby agree that the Project has been completed by Contractor and this Agreement and Release sets forth all relevant facts pertaining to the respective rights and obligations of the parties for the termination of the Principal Agreement.

3. The Owner and Contractor agree the final adjusted Contract price, time of performance and balance payment due to Contractor for said Municipal Well No. 2 is determined as follows:

Original Contract Amount
Original Contract Completion Times as defined in
Sections 00510 and 00800: $_______________
Project Substantial Completion _____________days
Project Final Completion _____________days
Final Contract Amount as adjusted by Change Orders No.
1 through No. __.

Final Contract Completion Times as adjusted by Change
Orders No. 1 through No. __: $_______________
Project Substantial Completion _____________days
Project Final Completion _____________days
Liquidated Damages assessed Contractor pursuant to
Contract Agreement and Supplementary General
Conditions as calculated below:

Show L.D. calculations here if applicable. $_______________ Total Payments made to Contractor to date $_______________ Balance due on Contract (including retention withheld) $_______________

CONTRACTING REQUIREMENTS
December 2024 00680 - 2 City of Yuba City
Final Closeout Agreement and Release of Claims Municipal Well No. 4

4. That subject to the provisions of this Agreement and Release, Owner will forthwith pay to Contractor the sum of $______________Dollars and___________ Cents ($______________) under the Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with Owner as of the date of such payment. The retention amount held by the Owner will be released to Contractor at the expiration of the lien period plus five (5) days (for a total of thirty-five (35) calendar days after recording a Notice of Completion by the Owner in the office of the County Recorder).

As a condition precedent to such payment being due, the Contractor shall provide the Owner with unconditional waivers and releases upon final payment from each Subcontractor and Supplier providing Work under the Contract (per Civil Code section 8138) and a conditional waiver and release upon final payment on behalf of the Contractor (per Civil Code section 8136), in a sum not greater than the amount due so as to enable Owner to make the payment. The amounts withheld by Owner pursuant to stop notices will be released in accordance with agreement of the parties, orders of a court, posting of stop notice release bonds, in compliance with statutory legal procedures, or upon presentation of stop notice releases. Notwithstanding the aforementioned mutual releases, nothing contained this Agreement and Release shall waive or alter the rights, privileges and powers of the Owner or the duties, liabilities and obligations of the Contractor and its surety under this Contract and/or California law, including in respect to Contractor’s Warranty nor with respect to other warranties made by Contractor; nor shall anything contained herein waive rights relating to claims by Owner pertaining to or arising from latent defects, indemnity, or negligent or intentional misrepresentations on the part of the Contractor. Upon acceptance of the Project by the Owner, and execution of this Agreement and Release, the Owner agrees to immediately file and record a Notice of Completion with the County Recorder in order to begin the running of the statutory lien period.

5. The Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against Owner arising from the Contract, except for the claims described in paragraph 6 below.

It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall be effective as a full, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against the Owner, and all if its agents, employees, consultants, inspectors, representatives, assignees and transferees, except for the Disputed Claims set forth in paragraph 6 below.

6. The following claims submitted under Section 00700- Article 11, Protests, Disputes and Claims, are disputed (hereinafter, the "Disputed Claims") and are specifically excluded from the operation of this Agreement and Release:

Claim No. Date Submitted Brief Description of Claim Amount of Claim

7. Consistent with California Public Contract Code §7100, Contractor hereby agrees that in consideration of the payment set forth in paragraph 3 above, Contractor hereby releases and forever discharges Owner, and all of its agents, employees, consultants, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract

8. The Contractor agrees that Contractor shall immediately defend, indemnify and hold harmless Owner, any Owner's Representatives, Engineer, and all of their agents, employees, consultants, inspectors, assignees and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor's suppliers and/or Subcontractors of any tier and/or any suppliers to them for any and all

CONTRACTING REQUIREMENTS
December 2024 00680 - 3 City of Yuba City
Final Closeout Agreement and Release of Claims Municipal Well No. 4 labor, materials, supplies and equipment used, or contemplated to be used in the performance of the Contract, except for the Disputed Claims set forth in paragraph 6 above.

9. That Contractor hereby waives the provisions of California Civil Code §1542, which provide as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

10. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or regulation, then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall, be enforceable.

11. The Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release, and that it has full: right, title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choosing in connection with this Agreement and Release.

12. All rights of Owner shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release.

The undersigned acknowledge and represent that they have read this Agreement and Release in full and understand and voluntarily consent and agree to each and every provision contained herein. The undersigned further declare and represent that no promise, inducement or agreement, not herein expressed, has been made to the undersigned and that this Agreement and Release contains the entire agreement among the parties hereto and the terms of this Agreement and Release are contractual. The persons executing this Agreement and Release represents and warrants to the other party that the execution and performance of the terms of this Agreement and Release have been duly authorized by all requisite corporate, partnership, individual, or other entity requirements and that said persons have the rights, power and legal capacity and authority to execute and enter into this Agreement and Release.

IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement and Release to be executed the day and year first above written.

Owner
City of Yuba City
A Public Entity
By:___________________________________
___________________________________
Name
___________________________________
Title

CONTRACTING REQUIREMENTS
December 2024 00680 - 4 City of Yuba City
Final Closeout Agreement and Release of Claims Municipal Well No. 4 ATTEST:

By:______________________________
___________________________________
Name
___________________________________
Title
________________________________ _____________________________ CONTRACTOR’S NAME STATE OF CALIFORNIA
CONTRACTOR’S LICENSE NO.
and CLASSIFICATION
By______________________________ ____________________________ (Authorized Signature) LICENSE EXPIRATION DATE
___________________________________
Name
________________________________ _____________________________ Title TYPE OF ORGANIZATION
ATTEST: ____________________________

STATE OF INCORPORATION
By______________________________
___________________________________ (SEAL)
NAME
___________________________________
TITLE
(If Corporation, must be attested by Corp Secretary)

END OF SECTION

CONTRACTING REQUIREMENTS
December 2024 00700 - i City of Yuba City
General Conditions Municipal Well No. 3
SECTION 00700

GENERAL CONDITIONS

TABLE OF CONTENTS
ARTICLE 1 - GENERAL PROVISIONS .......................................................................................................1

1.01 ABBREVIATIONS................................................................................................................1

1.02 DEFINITION OF WORDS AND TERMS: ............................................................................1

1.03 CONTRACT DOCUMENTS- REPRESENTATIONS, CORRELATION AND INTENT......10

1.04 INTERPRETATION OF THE CONTRACT DOCUMENTS................................................12

1.05 ORDER OF PRECEDENCE OF THE CONTRACT DOCUMENTS..................................12

1.06 ADDITIONAL DETAILED INSTRUCTIONS ......................................................................13

1.07 RIGHTS AND REMEDIES.................................................................................................13 ARTICLE 2 - CONTRACT ADMINISTRATION..........................................................................................14

2.01 ADMINISTRATION OF THE CONTRACT ........................................................................14

2.02 CITY’S REPRESENTATIVE..............................................................................................14

2.03 CONSTRUCTION MANAGER ..........................................................................................14

2.04 DESIGN ENGINEER .........................................................................................................16 ARTICLE 3 - CITY ......................................................................................................................................17

3.01 GENERAL..........................................................................................................................17

3.02 ATTENTION TO WORK....................................................................................................17

3.03 OBSERVATION AND INSPECTION.................................................................................17

3.04 CITY’S RIGHT TO USE OR OCCUPY..............................................................................17

3.05 CITY’S RIGHT TO CARRY OUT THE WORK ..................................................................17

3.06 CITY’S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS.....18

3.07 CITY ACCESS TO WORK AREAS ...................................................................................18

3.08 CITY-ACQUIRED PERMITS .............................................................................................18

3.09 CITY-ACQUIRED EASEMENTS.......................................................................................18

3.10 NON-RESPONSIBILITY OF THE CITY ............................................................................19 ARTICLE 4 - CONTRACTOR.....................................................................................................................20

4.01 GENERAL RESPONSIBILITIES .......................................................................................20

4.02 STATUS OF CONTRACTOR, SUBCONTRACTORS AND SUPPLIERS.........................20

4.03 CONTRACTOR REPRESENTATIVE................................................................................21

4.04 WORKPLACE ENVIRONMENT........................................................................................21

4.05 COMPLIANCE WITH LAWS .............................................................................................22

4.06 COMPLIANCE WITH ENVIRONMENT LAWS..................................................................28

4.07 AUDITS AND ACCESS TO RECORDS............................................................................28

4.08 USE AND PROTECTION OF CITY’S SITE AND ADJACENT PROPERTY.....................29

4.09 FEES AND PERMITS........................................................................................................30

4.10 PROVISIONS FOR HANDLING EMERGENCIES ............................................................30

4.11 STANDARD AND NONSTANDARD WORKING HOURS ................................................30 ARTICLE 5 - SUBCONTRACTORS...........................................................................................................32

5.01 SUBLETTING AND SUBCONTRACTING ........................................................................32

5.02 SUBCONTRACTOR’S CONTRACTUAL OBLIGATIONS.................................................32

5.03 CONTROL OF SUBCONTRACTORS...............................................................................33 ARTICLE 6 - CONSTRUCTION BY CITY OR BY SEPARATE CONTRACTORS....................................34

6.01 CITY’S RIGHT TO PERFORM CONSTRUCTION AND AWARD SEPARATE CONTRACTS ...........................................................................................................................................34

6.02 COOPERATION WITH CITY’S FORCES AND OTHER CONTRACTORS EMPLOYED BY CITY...................................................................................................................................34

6.03 MUTUAL RESPONSIBILITY .............................................................................................34

6.04 CITY’S RIGHT TO CLEAN UP..........................................................................................34

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ARTICLE 7 - CONTROL OF THE WORK AND MATERIALS...................................................................35

7.01 MEANS, METHODS AND APPLIANCES .........................................................................35

7.02 CONTRACTOR’S RESPONSIBILITY FOR WORK ..........................................................35

7.03 SUPPLY OF SUFFICIENT WORKERS ............................................................................35

7.04 MATERIALS AND WORKMANSHIP.................................................................................36

7.05 USE OF MATERIALS FOUND ON THE PROJECT SITE ................................................36

7.06 EXISTING UTILITIES........................................................................................................37 ARTICLE 8 - PROGRESS OF THE WORK AND TIME.............................................................................39

8.01 COMMENCEMENT OF THE WORK ................................................................................39

8.02 CONTRACT TIME .............................................................................................................39

8.03 DELAYS.............................................................................................................................39

8.04 TIME EXTENSIONS..........................................................................................................40

8.05 INDIRECT OVERHEAD ....................................................................................................41

8.06 LIQUIDATED DAMAGES FOR FAILURE TO MEET COMPLETION DATES..................42

8.07 LIQUIDATED DAMAGES FOR PUBLIC HARDSHIP, NEGATIVE IMPACT, AND DAMAGE TO EXISTING UTILITY MAINS.........................................................................................42

8.08 ACCELERATION OF WORK ............................................................................................43

8.09 SUSPENSION OF WORK.................................................................................................44

8.10 CITY’S RIGHT TO TERMINATE CONTRACT ..................................................................44

8.11 CONTRACTOR’S RIGHT TO TERMINATE......................................................................47 ARTICLE 9 - CHANGES IN THE WORK ...................................................................................................48

9.01 GENERAL..........................................................................................................................48

9.02 CONTRACT MODIFICATION PROCEDURES AND TIMELINES....................................49

9.03 COST DETERMINATION..................................................................................................53

9.04 INCREASED OR DECREASED QUANTITIES.................................................................55

9.05 COST PRICING DATA AND ACCESS TO RECORDS ....................................................57

9.06 TIME EXTENSIONS FOR CHANGE ORDERS ................................................................58

9.07 CONTRACTOR’S ACCEPTANCE OF CHANGE ORDERS .............................................58

9.08 CONSTRUCTION COST REDUCTION INCENTIVE (VALUE ENGINEERING PROPOSAL) ...........................................................................................................................................58 ARTICLE 10 - PAYMENTS ........................................................................................................................61

10.01 BASIS OF PAYMENT........................................................................................................61

10.02 PARTIAL PAYMENTS.......................................................................................................61

10.03 PARTIAL PAYMENTS- INCLUSION OF MATERIALS ON HAND....................................63

10.04 RIGHT TO WITHHOLD AMOUNTS ..................................................................................64

10.05 STOP NOTICES................................................................................................................64

10.06 SECURITY SUBSTITUTION FOR RETENTION ..............................................................64

10.07 WARRANTY OF TITLE .....................................................................................................65

10.08 SUBSTANTIAL COMPLETION .........................................................................................66

10.09 FINAL INSPECTION AND PAYMENT ..............................................................................66 ARTICLE 11 - PROTESTS, DISPUTES AND CLAIMS .............................................................................68

11.01 PROTESTS .......................................................................................................................68

11.02 DISPUTES.........................................................................................................................68

11.03 NOTICE OF POTENTIAL CLAIM......................................................................................69

11.04 CONTEMPORANEOUS DOCUMENTATION ...................................................................69

11.05 CLAIMS .............................................................................................................................69

11.06 PROCESSING OF CLAIMS ..............................................................................................71

11.07 UNSUCCESSFUL NEGOTIATIONS.................................................................................74 ARTICLE 12 - PROTECTION OF PERSONS AND PROPERTY ..............................................................75

12.01 SAFETY PROVISIONS .....................................................................................................75

12.02 PUBLIC ACCESS, SAFETY AND CONVENIENCE..........................................................80

12.03 PROTECTION AND RESTORATION OF PROPERTY ....................................................81

12.04 PRESERVATION OF CULTURAL RESOURCES ............................................................82

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ARTICLE 13 - INSURANCE AND INDEMNIFICATION.............................................................................84

13.01 INSURANCE......................................................................................................................84

13.02 GENERAL INDEMNIFICATION OBLIGATIONS...............................................................89

13.03 HAZARDOUS SUBSTANCE INDEMNIFICATIONS OBLIGATIONS................................91 ARTICLE 14 - UNCOVERING AND CORRECTION WORK .....................................................................92

14.01 GENERAL..........................................................................................................................92

14.02 CORRECTION OF WORK AND CORRECTIVE ACTION PLANS ...................................92

14.03 ACCEPTANCE OF NONCONFORMING WORK..............................................................93 ARTICLE 15 - FINAL COMPLETION AND ACCEPTANCE......................................................................94

15.01 USE BEFORE ACCEPTANCE..........................................................................................94

15.02 CONTRACTOR’S RESPONSIBILITY TO MANAGE INCOMPLETE AND DEFICIENT WORK ...........................................................................................................................................94

15.03 COMPLETION OF INTERMEDIATE MILESTONES.........................................................94

15.04 PRELIMINARY FINAL INSPECTION FOR INTERMEDIATE MILESTONE(S) ................95

15.05 FINAL INSPECTION FOR INTERMEDIATE MILESTONE(S) ..........................................95

15.06 COMPLETION OF FINAL PROJECT MILESTONE..........................................................95

15.07 RECOMMENDATION FOR ACCEPTANCE BY THE CITY ENGINEER ..........................96

15.08 ACCEPTANCE OF THE WORK........................................................................................96

15.09 FINAL PAYMENT – SEE ARTICLE 10.09- FINAL INSPECTION AND PAYMENT..........96

15.10 CONTRACTOR’S DUTIES AND RESPONSIBILITIES AFTER ACCEPTANCE ..............96

15.11 RETENTION PROCEEDS, WITHHOLDING AND DISBURSEMENT ..............................96

15.12 WARRANTY & GUARANTEES.........................................................................................97 ARTICLE 16 - MISCELLANEOUS PROVISIONS......................................................................................99

16.01 CONTRACTOR’S USE OF COMPUTER SOFTWARE ....................................................99

16.02 RIGHTS IN LAND AND IMPROVEMENTS.......................................................................99

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ARTICLE 1 - GENERAL PROVISIONS

1.01 ABBREVIATIONS
A. References in the General Conditions are sometimes referred to only by corresponding abbreviation.

Not all abbreviations are listed and not all listed abbreviations are used. Unless otherwise specifically defined in the General Conditions, when the following abbreviations are used, the intent and meaning will be interpreted as follows:

1. CM – Construction Manager.

2. DE- Design Engineer.

3. LDs – Liquidated Damages.

4. NTP – Notice to Proceed.

5. QC – Quality Control.

6. RFI – Request for Interpretation.

7. SOV – Schedule of Values.

1.02 DEFINITION OF WORDS AND TERMS:

A. Where used in the Contract Documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine and feminine of the words and terms. For the sake of convenience, the masculine/feminine pronoun may be used to designate who performs the work and for other purposes and, in all case, applies equally to all persons.

B. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered”, “as directed” or terms of like effect or import to authorize an exercise of professional judgment by the City, Construction Manager or Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of the City, Construction Manager or Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to City, Construction Manager or Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority contrary to the provisions of the Contract Documents.

C. Wherever in the Contract Documents, the following terms, or pronouns in place of them are used, the intent and meaning will be interpreted as follows:

1. Acceptance, Final Acceptance - The formal acceptance by the City Council, or as delegated by the City Council, of the Completion of the entire Work of the Contract, which to City’s knowledge has been performed in accordance with the requirements of the Contract Documents and all Approved modifications thereof.

2. Acts of God - "Acts of God" shall include only the following occurrences or conditions and effects:
earthquakes in excess of a magnitude of 3.5 on the Richter Scale and tidal waves

3. Addendum - A written change to the Contract Documents issued before the time fixed for the opening of Bids.

4. Agreement - The written and signed document known as Section 00510, Agreement. (Sometimes also referred to as Contract Agreement or Contract.).

5. Allowance - “Allowance” shall mean an amount of money set aside under the Contract for a special purpose identified and defined in the Contract Documents.

6. Alternative - Refer to Approved Equal and Substitution.

7. Applicable Laws - All laws, codes, ordinances, rules and regulations of governmental authorities having jurisdiction over the Site and/or the Work.

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8. Application for Payment - The form acceptable to City’s Representative which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

9. Approved, Directed, Ordered, or Required - Whenever these words or their derivatives are used, it is the intent, unless otherwise clearly stated, that written approval, acceptance, or direction by the City’s Representative or City’s Project Manager is required.

10. Asbestos - Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

11. As-Built Documents - A set of the Contract Documents including Drawings and Specifications updated on a continuous basis to indicate conditions encountered and the final configuration of a Project as it was constructed. May also be referred to as Project Record Documents. As-Built Documents must include all Addenda, Changes, Additional Detailed Instructions or other clarifications to the Contract Documents and dimensional information showing the actual locations of Installed components of the Work.

12. Award Date - Date of action taken by the City Council accepting Contractor’s Bid and authorizing its designee to execute the Agreement. (Sometimes also referred to as Award.)

13. Bid Alternate – Additive and/or deductive Bid items identified as such on the Bid Form.

14. Bid - The offer of a Bidder to perform the Work pursuant to a completed prescribed Bid Form, properly executed and guaranteed, and timely submitted.

15. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work contemplated, acting directly or through a duly authorized representative.

16. Bid Forms - The approved bid forms upon which City requires a formal Bid be prepared and submitted for the Work.

17. Bidder’s Security - The cash, cashier’s check, certified check, or Bidder’s bond accompanying the Bid submitted by the Bidder as a guaranty that the Bidder will enter into a Contract with City for the performance of the Work of the Contract is awarded to the Bidder.

18. Business Day - “Business Day” means any day when the office of the of the City is open for business.

19. Caltrans- The California Department of Transportation.

20. Change Order - A document, which is signed as recommended by the Construction Manager, accepted by the Contractor, and accepted by an authorized representative of the City, which authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement.

21. City - City means the City of Yuba City, in the State of California.

22. City’s Representative - The person named in Section 00510, Agreement, whose authority includes but is not limited to the authority to approve Addenda, Change Orders, Payment Requests, Milestone and Project Completion dates(s).

23. Claim - A separate unresolved Dispute by the Contractor for: (A) a Contract Time extension, (B) payment of money or damages arising from Work done by, or on behalf of, the Contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

24. Clarification Letter - A Clarification Letter is issued by the Construction Manager to address the clarification of Contract issues raised by the Construction Manager, Design Engineer, or City.

25. Completion - Acceptance of the Work.

26. Construction Manager (CM) - A consultant firm or such other individual or entity designated, in writing, by the City to act as its representative at the construction Site and to perform administrative functions relating to this Contract. The Construction Manager may also furnish inspection services as provided by the Contract. All contact by the Contractor with the City shall be through the Construction Manager.

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27. Consultants - Architects, Engineers, Construction Managers and other professionals engaged to provide the City with professional services for the Project.

28. Contract - The written Agreement on the City’s form encompassing the performance of the Work and the furnishing of labor, materials, tools, and equipment in the construction of the Work.

Synonymous with “Agreement”, and “Contract Agreement”.

29. Contract Bonds - The Performance Bond and the Payment Bond for Public Works.

30. Contract Documents - The words “Contract Documents” shall mean any or all of the items listed in Section 00510, Agreement, Article 2, Contract Documents.

31. Contract Price (also referred to as Contract Amount or Contract Sum) - The Contract Price is stated in the Agreement and, including authorized adjustments by Change Order, is the total amount payable by City to the Contractor for performance of the Work pursuant to the Contract Documents.

32. Contract Time(s) - Unless otherwise provided, the Contract Time is the period of time, including authorized adjustments, identified in the Contract Documents for Completion of the Work or a designated portion of the Work.

33. Contractor - The individual, partnership, corporation or limited liability company who enters into the Contract for the performance of the Work. The term "Contractor" means the Contractor or his authorized representative. The term "Contractor" also may include subcontractors, sub-tier subcontractors, consultants, equipment and material suppliers, and their employees. Sometimes also referred to as “Prime Contractor” or “General Contractor”)

34. Contractor’s Authorized Representative – The Contractor’s authorized representative(s) who has the authority to represent and act for Contractor.

35. Contractor’s Plant and Equipment - The equipment, material, supplies and all other items, except labor, brought onto the Site by the Contractor to carry out the Work, but not to be incorporated in the Work.

36. Controlling Operation- A Controlling Operation means an item of the Work on the Project’s critical path whose duration time directly affects the date that the entire Work can be completed.

37. Coordination Drawings - Contractor prepared drawings submitted by Contractor to City to demonstrate the coordination of methods, materials, equipment, plans, or sequence the Contractor proposes to use when limited space is available for installation of different components, coordination is required for installation of Products and materials Fabricated by separate entities, or the relationship of components is shown on separate Shop Drawings or Submittals.

Coordination Drawings are not considered Contract Documents.

38. Corrective Work Item List - List of incomplete items of work, incomplete administrative requirements and items of work which are not in conformance with the Contract, prepared by the Construction Manager and issued to the Contractor as an attachment to the response to the Contractor’s notification of Substantial Completion.

39. Cost Proposal - A proposed cost made by the Contractor to the City to add, delete or change the Work based on a City Request for Proposal (RFP).

40. County – The County of Sutter, a political subdivision of the State of California.

41. Critical Path - The path(s) of activities on the current updated version of the Official Progress Schedule without any Total Float Time.; all references in the Contract Documents to the Critical Path mean the longest path of dependent activities within the current updated version of the Official Progress Schedule that determine when the Work of a Milestone or the entire Work of the Project will be complete. A Critical Path Method (CPM) schedule is in the form of precedents, networks, and time sequences.

42. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported by documented proof that Contractor made every effort to obtain such materials from all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and (c) such shortages and the difficulties in obtaining

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alternate sources of materials could not have been known or anticipated by Contractor at the time it submitted its bid or entered the Contract. Market fluctuations in prices of materials, whether or not resulting from a Force Majeure Event, does not constitute a Critical Supply Shortage.

43. Date of Acceptance - The date that the Notice of Completion is filed by the City.

44. Day(s) - The word "Days" shall mean calendar days, including legal holidays, Saturdays and Sundays, unless specifically designated otherwise. The day shall be 24 hours measured from midnight to the next midnight.

45. Defective - The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:
does not conform to the Contract Documents, or
does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or
has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by City at Substantial Completion in accordance with the Contract Documents).

46. Demobilization –Demobilization includes: movement off the Project Site, upon completion of the Work, of personnel, equipment, temporary offices, buildings and other facilities, supplies and incidentals; and submission of final Project submittals.

47. Design Engineer - The engineer, architect or specialty design consultant designated by the City to have design control over the Work or a specified portion of the Work, acting either directly or through duly authorized representatives. Such representatives shall act within the scope of the particular duties delegated to them. The Design Engineer may also furnish inspection services as provided by the Contract. The Design Engineer may be also be referred to as “Engineer” if the definition is used in a Design Engineer role and capacity.

48. Direct - Action of the City or Construction Manager by which the Contractor is ordered to perform or refrain from performing work under the Contract.

49. Director - The definition contained in Section 1-1.15, "Director," of the Standard Specifications is hereby deleted and replaced with the following: the City Council or members thereof.

50. Dispute - A written disagreement submitted by the Contractor seeking adjustment of Contract terms, payment of money, extension of Contract Time or other relief with respect to the terms of the Contract. A Dispute is not a Claim.

51. Drawings - The graphic and pictorial portions of the Contract Documents, illustrating the design, character, location, and dimensions of the Work to be performed, generally including but not limited to, elevations, sections, details, schedules, General Notes, specific notes, and diagrams.

Synonymous with “Contract Drawings” and “Plans”.

52. Easements - A recorded document in which the land owner gives the City permanent rights to construct and maintain water mains, sanitary sewers, storm drains and/or facilities across private property.

53. Emergency – A sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

54. Engineer - The Engineer shall mean the City’s Director of Public Works and Development Services and other City Representative(s) who have been duly authorized to exercise control and supervision of the Work. Engineer may also be referred to as “City Engineer”.

55. Equipment (Construction) - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the Work contemplated. (Installation) - All material or articles used in equipping a facility or apparatus required to fulfill a functional design.

56. Execution - Field or Site performance, workmanship, installation, erection, application, field fabrication, quality control, and protection of installed products on the Site.

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57. Extra Work - New or unforeseen work, or added work of a different character or function and for which no basis for payment is prescribed in the Contract Documents; or that involves revisions of the details of the Work in such a manner as to render inequitable payment under items upon which the Contractor bid in its bid; or that work to be done under “stipulated prices” as given in the Bid Schedule of Prices.

58. Fabricated - Specifically assembled or made out of selected materials to meet Project specific design requirements.

59. Field Directive - A Field Directive (FD) is used for providing written direction to the Contractor to perform work which: a) directs the Contractor to proceed with work that the Construction Manager has not recognized as extra work, b) directs the Contractor to proceed with work that the Construction Manager has determined is extra work but costs have not been determined or are difficult to determine by the Construction Manager. Also referred to as a “Directive”.

60. Field Order - A written instruction given to the Contractor authorizing work that is a change to the scope of work carried out on a time and material basis or a lump sum cost agreed to between City and Contractor.

61. Final Acceptance - Action taken by the City Council, or as delegated by the City Council, accepting the Work as fully completed.

62. Final Completion - The date when the Work is 100% complete, including completion and acceptance of all punch list corrections, as certified by the Construction Manager.

63. Final Inspection List - List of materials, equipment, workmanship, or administrative requirements which are not in conformance with the Contract. The list shall be prepared by the Construction Manager and submitted to the Contractor following the Contractor’s notice of completion of the Work, including all items on the Punch List.

64. Force Account - The method of performing Work by or on behalf of Contractor on a time, materials and equipment basis.

65. Force Majeure Event- An event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the Site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); (4) pandemics, epidemics or quarantine restrictions; (5) strikes and other organized labor action occurring at the Site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its Subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (6) a Critical Supply Shortage. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

66. Furnish - The word “furnish” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

67. General Conditions - Sections 00700, General Conditions, and 00800, Supplementary General Conditions, which form the part of the Contract Documents setting forth legal and contractual instructions to the Contractor and general clauses that establish how the Project is to be administered.

68. General Requirements - Division 1, GENERAL REQUIREMENTS, which forms the part of the Contract Documents establishing special conditions or requirements peculiar to the Work and supplementary to the General Conditions.

69. Governing Body - The City of Yuba City, City Council.

70. Governmental Agencies - Whenever, in the Contract Documents, reference is made to any governmental agency or officer, such reference will be deemed made to any agency or officer acting in accordance with law to the power, duties, jurisdiction, and authority of the agency or officer mentioned.