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HomeMy WebLinkAbout2023-08-16 PacketPage 1 of 5 City Council Regular Meeting AGENDA (to be held both at the physical and virtual locations below) Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://us06web.zoom.us/j/97199426600 Or you can call in using your telephone only: • Call (toll free) 1-669-444-9171 • Enter the Access Code: 971 9942 6600 • To Raise Hand enter *9 • To Speak after being recognized: enter *6 to unmute yourself Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings. August 16, 2023 - 6:00 PM 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS 4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 5. PETITIONS AND COMMUNICATIONS 6. APPROVAL OF MINUTES 6.a. Approval of the Minutes for the August 2, 2023, Regular Meeting. Recommended Action: Approve the minutes for the August 2, 2023, a regular meeting. Attachments: 1. 6a 2023-08-02 Draft Minutes 7. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 8. CONSENT CALENDAR Page 1 of 500 Page 2 of 5 The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. 8.a. Report of Disbursements for the Month of May 2023. Recommended Action: Approve the Report of Disbursements for the Month of May 2023. Attachments: 1. May 2023 Summary of Disbursements 2. Account Codes for Reference 3. Object Codes for Reference 4. May 2023 Disbursement Detail 8.b. Report of Disbursements for the Month of June 2023. Recommended Action: Approve the Report of Disbursements for the Month of June 2023. Attachments: 1. June 2023 Summary of Disbursements 2. Account Codes for Reference 3. Object Codes for Reference 4. June 2023 Disbursement Detail 8.c. Consideration of Adoption of Resolution Approving Records Destruction for the City Clerk, Community Development, Community Services, and Water Resources Departments. Recommended Action: Adopt resolution authorizing the destruction of outdated documents for the City Clerk, Community Development, Community Services, and Water Resources Departments. Attachments: 1. Proposed Resolution with Exhibit A 8.d. Report of the Purchase of Storage Drives and a Dell Power Vault from The Drala Project Inc., and Approve Corresponding Budget Amendment. Recommended Action: Receive a report regarding the purchase of Storage Drives and Dell Power Vault from The Drala Project Inc, and approve corresponding budget amendment. Attachments: 1. Purchase Order 48391 2. Purchase Order 48395 8.e. Approve Contract Amendment in the Amount of $167,266 for Additional Engineering Services Related to the Main, Perkins and Gobbi Street Reconstruction Projects with BKF Engineers, and Approve Corresponding Budget Amendment. Recommended Action: Approve contract amendment in the amount of $167,266 for additional engineering services related to the Main, Perkins and Gobbi Street reconstruction projects with BKF Engineers, and approve corresponding budget amendment. Attachments: 1. 2022-LPP Staff Recommendations 2. 212351_Perkins(ASR02) 8.f. Award Contract for the Re-Roof of the Grace Hudson Museum to San Francisco Roofing Services, Inc., Authorize a Separate Purchase with Garland for the Roofing Materials, and Approve Corresponding Budget Amendments. Recommended Action: Award the contract for the re-roof of the Grace Hudson Museum to San Francisco Roofing Services, Inc. for the amount of $450,000, approve the separate purchase of the roofing materials as needed from Garland, and authorize corresponding budget amendments. Attachments: 1. Spec 23-05 - Grace Hudson Museum Roof Replacement Negotiated Contract Page 2 of 500 Page 3 of 5 2. San Francisco Roofing 3. Western Roofing Service 8.g. Authorization for the City Manager to Negotiate and Execute a Sole Source Contract for Professional Services for Complete Streets Consulting and Design Services on an As-Needed Basis, and Within the Approved Available Budget. Recommended Action: Authorize the City Manager to Negotiate and Execute a Sole Source Contract to Dan Burden for Professional Services for Complete Streets Consulting and Design Services on an as-needed basis, and within the approved available budget. Attachments: None 9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda that is within the subject matter jurisdiction of the City Council, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 10. COUNCIL REPORTS 11. CITY MANAGER/CITY CLERK REPORTS 12. PUBLIC HEARINGS (6:15 PM) 13. UNFINISHED BUSINESS 13.a. Status Report of the Emergency Contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings. Recommended Action: Receive a status report, and approve the continued work on the emergency contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings. Attachments: None 13.b. Discussion and Possible Direction Regarding Investment Preferences of Idle Funds Related to Petroleum Companies. Recommended Action: Council to discuss the City's investment policy related to petroleum companies and provide direction to Staff. Attachments: 1. Investment Policy, 2023, Proposed 14. NEW BUSINESS 14.a. Approval of Memorandum of Understanding between City of Ukiah and ChargePoint for the proposed Ukiah Electric Vehicle Charging Stations Project. Recommended Action: Authorize City Manager to Sign Memorandum of Understanding with Chargepoint for the proposed Ukiah Electric Vehicle Charging Stations Project. Attachments: 1. Draft MOU with ChargePoint 14.b. Approval of Letter to the Mendocino County Board of Supervisors Regarding Issues with the Mendocino County Airport Land Use Commission Board Composition. Recommended Action: Approve Letter to the Mendocino County Board of Supervisors, and authorize the Mayor to sign. Page 3 of 500 Page 4 of 5 Attachments: 1. Letter from Airport Commission 2. Proposed Letter to County Board of Supervisors 14.c. Designation of Voting Delegate and Possible Alternate for the League of California Cities Annual Conference – September 20-22, 2023. Recommended Action: Designate Vice Mayor Duenas as the Voting Delegate, and a possible Alternate, to represent the City of Ukiah for the 2023 League Annual Conference; and authorize the City Clerk to submit the Voting Delegate/Alternate Form on their behalf. Attachments: 1. League Correspondence 2. Voting Guidelines 3. Voting Delegate Form 14.d. Discussion and Possible Action Regarding the Cancellation of September 6, 2023, Regular City Council Meeting, with the Option for the Mayor and/or City Manager to Call for a Special Meeting on an Alternate Date if Time Sensitive Business Arises. Recommended Action: Approve the cancellation of the September 6, 2023, Regular City Council Meeting, with the option for the Mayor and/or City Manager to call for a special meeting on an alternate date if time sensitive business arises. Attachments: None 14.e. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s). Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s). Attachments: 1. City Council Special Assignments rev 8-4-23 15. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING 15.a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2)) Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 case) 15.b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1) Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048 15.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 15.d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612 15.e. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9) Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036 15.f. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9) Page 4 of 500 Page 5 of 5 Name of case: Jane Doe v. City of Ukiah et al., U.S.D.C. (Eureka Division) Case No. 123-cv- 009808. 15.g. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Dale v. Ukiah et al., Mendocino County Superior Court Case No. 21 CV00630 15.h. Public Employee Performance Evaluation (Government Code Section 54956 Title: City Manager 15.i. Conference with Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units 16. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Kristine Lawler, City Clerk Dated: 8/11/23 Page 5 of 500 AGENDA ITEM 6a Page 1 of 5 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue, Ukiah, CA 95482 Virtual Meeting Link: https://us06web.zoom.us/j/97199426600 Ukiah, CA 95482 August 2, 2023 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on August 2, 2023, having been legally noticed on July 28, 2023. The meeting was held in person and virtually at the following link: https://us06web.zoom.us/j/97199426600. Mayor Rodin called the meeting to order at 6:05 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Susan Sher, Douglas, F. Crane, and Mari Rodin. Councilmember Absent: Josefina Dueňas. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. MAYOR RODIN PRESIDING. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Crane. 3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS 4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 5. PETITIONS AND COMMUNICATIONS City Clerk, Kristine Lawler, stated that all communications had been distributed. 6. APPROVAL OF MINUTES a. Approval of the Minutes for the July 19, 2023, Special Meeting. b. Approval of the Minutes for the July 19, 2023, Regular Meeting. Motion/Second: Crane/Sher to approve the Special and Regular meeting minutes of July 19, 2023, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Dueňas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None. 7. RIGHT TO APPEAL DECISION 8. CONSENT CALENDAR a. Report on the Ukiah Electric Utility Fire Mitigation Fuel Reduction Project, Specification No. 23- 13, for Enhanced Tree Trimming to Various Locations on the West Side of Ukiah City Limits; and Approval of the Community Development Director’s Determination that Activities Undertaken by the City’s Electric Utility Department Associated with the Hazard Mitigation Grant Project, Including Fuel Reduction and Undergrounding Projects, Qualify for Exemption Under the California Environmental Quality Act (CEQA) – Electric Utility Pulled by Councilmember Sher and placed as 13b. Page 6 of 500 City Council Minutes for August 2, 2023, Continued: Page 2 of 5 b. Adopt a Resolution (2023-31) Approving a Side Letter Agreement (2223-134-A1) to the Current Memorandum of Understanding Between the City of Ukiah and the Ukiah Police Officers Association, and Authorize the City Manager to Execute – Human Resources. c. Approve the Purchase of a Portable Concrete Mixer from Cart-Away Concrete Systems, Inc in the Amount of $71,514.32 – Public Works. Pulled by Councilmember Crane to be placed on a future meeting. d. Notification of Change Order #2 (2223-090-CO2) to Ghilotti Construction Co. in the Amount of $132,511.91 for the Clara Avenue Reconstruction Project, and Approval of Corresponding Budget Amendment – Public Works. e. Approve Contract Amendment in the Amount of $167,266 for Additional Engineering Services Related to the Main, Perkins and Gobbi Street Reconstruction Projects with BKF Engineers, and Approve Corresponding Budget Amendment – Public Works Pulled by Staff to be placed on a future meeting. f. Consideration to Award Contract for the Ukiah Electric Utility Fire Mitigation Undergrounding Project, Specification Number 23-08, to ARB, Inc in the Amount of $1,958,740.78 – Electric Utility. Pulled by public member, Linda Sanders and placed as agenda item 14e. g. Consideration of Award of Bid (2324-083) for HVAC Replacement at the Wastewater Treatment Plant, Specification No. 23-10 – Water Resources. Motion/Second: Crane/Orozco to place agenda item 8a at the end of Unfinished Business as item 13b. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT: Dueňas. ABSTAIN: None. Motion/Second: Crane/Orozco to approve Consent Calendar Items 8b, d, f*, and g, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT: Dueňas. ABSTAIN: None. *Note: Agenda Item 8f was subsequently pulled and placed as Agenda Item 13c. Public Comment: Linda Sanders. Motion/Second: Crane/Orozco to move Agenda Item 8f to later in the meeting. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT: Dueňas. ABSTAIN: None. To clarify the motion, the following action was taken. Motion/Second: Crane/Orozco to reconsider Agenda Item 8f and move it to later in the meeting, leaving the rest of what was voted for in place. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT: Dueňas. ABSTAIN: None. Note: Following Agenda Item No. 9, the Mayor clarified that 8f would be heard as Agenda Item 13c. 9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No public comments were received. Note: Additional discussion regarding the Consent Calendar took place following Agenda Item No. 9, which is being recorded in these minutes under the Consent Calendar item. Page 7 of 500 City Council Minutes for August 2, 2023, Continued: Page 3 of 5 10. COUNCIL REPORTS Presenter: Councilmember Orozco. 11. CITY MANAGER/CITY CLERK REPORTS Presenters:  FEMA Floodplain Correspondence Update – Sage Sangiacomo, City Manager  Airport Commission Correspondence – Sage Sangiacomo, City Manager  Construction update – Jason Benson, Senior Civil Engineer  Planning Commission vacancy – Kristine Lawler, City Clerk  Possible meeting cancellation – Kristine Lawler, City Clerk 12. PUBLIC HEARINGS (6:15 PM) a. Conduct a Public Hearing to Receive Public Comment and Discuss Final Grantee Performance Under State Community Development Block Grant 20-CDBG-CV1-00004, and Acknowledge Full Reimbursement of Grant Expenses from the California Department of Housing and Community Development. Presenters: Jim Robbins, Housing and Grants Manager and Craig Schlatter, Community Development Director. PUBLIC HEARING OPENED AT 6:38 P.M. No public comment was received. PUBLIC HEARING CLOSED AT 6:39 P.M. Motion/Second: Crane/Sher to acknowledge accomplishments, confirming activity completion, and confirming receipt of grant reimbursement funds from the State. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT: Dueňas. ABSTAIN: None. b. Annual Review and Consideration of the Fee Schedule for Community Services; Including Recreation Programs, Sports Fields, Parks, Municipal Pools, Ukiah Valley Conference Center, and the Grace Hudson Museum. Presenter: Jake Burgess, Community Services Supervisor. PUBLIC HEARING OPENED AT 6:55 P.M. No public comment was received. PUBLIC HEARING CLOSED AT 6:56 P.M. Motion/Second: Crane/Orozco to accept no changes to the current fee schedule. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT: Dueňas. ABSTAIN: None. 13. UNFINISHED BUSINESS a. Status Report of the Emergency Contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings. Presenter: Cindy Sauers, Electric Utility Director. Page 8 of 500 City Council Minutes for August 2, 2023, Continued: Page 4 of 5 Motion/Second: Crane/Orozco to approve the continued work on the emergency contract (2223- 177) with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT: Dueňas. ABSTAIN: None. b. Report on the Ukiah Electric Utility Fire Mitigation Fuel Reduction Project, Specification No. 23-13, for Enhanced Tree Trimming to Various Locations on the West Side of Ukiah City Limits; and Approval of the Community Development Director’s Determination that Activities Undertaken by the City’s Electric Utility Department Associated with the Hazard Mitigation Grant Project, Including Fuel Reduction and Undergrounding Projects, Qualify for Exemption Under the California Environmental Quality Act (CEQA) – from Consent Calendar Item 8a. Presenters: Cindy Sauers, Electric Utility Director and Sonu Upadhyay, Senior Power Engineer. Public Comment: Linda Sanders. Motion/Second: Crane/Orozco to 1) Receive report on the Ukiah Electric Utility Fire Mitigation Fuel Reduction Project, Specification 23-13, for enhanced tree trimming to various locations on the west side of Ukiah city limits; and 2) Approve Community Development Director's determination that activities undertaken by the City’s Electric Utility Department associated with the Hazard Mitigation Grant Project, including fuel reduction and undergrounding projects, qualify for exemption under the California Environmental Quality Act (CEQA). Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT: Dueňas. ABSTAIN: None. c. Consideration to Award Contract for the Ukiah Electric Utility Fire Mitigation Undergrounding Project, Specification Number 23-08, to ARB, Inc in the Amount of $1,958,740.78 – from Consent Calendar Item 8f. Presenters: Cindy Sauers, Electric Utility Director and Sonu Upadhyay, Senior Power Engineer. Motion/Second: Crane/Orozco to award contract (2324-084) for the Ukiah Electric Utility Fire Mitigation Undergrounding Project, Specification Number 23-08, to ARB, Inc in the Amount of $1,958,740.78. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT: Dueňas. ABSTAIN: None 14. NEW BUSINESS a. Receive and Accept as Complete a Baseline Assessment of the Western Hills Watershed Protection Area. Presenter: Neil Davis, Community Services Director. Motion/Second: Crane/Sher to approve Western Hills Watershed Protection Area Baseline Assessment Document as complete. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT: Dueňas. ABSTAIN: None. RECESS: 8:07 – 8:13 P.M. b. Discussion and Possible Direction Regarding Investment Preferences of Idle Funds Related to Petroleum Companies. Presenter: Dan Buffalo, Finance Director. Council Consensus directs Staff to find out other bond holdings that could replace the petroleum companies with direct activity with fossil fuels, making sure that they are diverse and looking at the rate of returns, then bring back suggested language for Councils consideration as a base point for a policy discussion. Page 9 of 500 City Council Minutes for August 2, 2023, Continued: Page 5 of 5 c. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s), and Consider the Formation of an Ad Hoc to Plan for the City's 150-year Anniversary. Presenter: Mayor Rodin, Motion/Second: Crane/Sher to nominate and appoint Councilmember Orozco and Mayor Rodin to serve on an ad hoc to plan for the City’s 150-year anniversary. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT: Dueňas. ABSTAIN: None. THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 9:09 P.M. 15. CLOSED SESSION a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2)) Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 case) b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1) Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048 c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018- 70200 d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612 e. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9) Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036 f. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9) Name of case: Jane Doe v. City of Ukiah et al., U.S.D.C. (Eureka Division) Case No. 123-cv- 009808. g.. Public Employee Performance Evaluation (Government Code Section 54956 Title: City Manager h. Conference with Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units No action reported; direction provided to Staff. 16. ADJOURNMENT There being no further business, the meeting adjourned at 10:20 p.m. ________________________________ Kristine Lawler, CMC Page 10 of 500 Page 1 of 2 Agenda Item No: 8.a. MEETING DATE/TIME: 8/16/2023 ITEM NO: 2022-1479 AGENDA SUMMARY REPORT SUBJECT: Report of Disbursements for the Month of May 2023. DEPARTMENT: Finance PREPARED BY: MaryJo Reynolds, Candice Rasmason, Accounts Payable PRESENTER: Consent Calendar ATTACHMENTS: 1. May 2023 Summary of Disbursements 2. Account Codes for Reference 3. Object Codes for Reference 4. May 2023 Disbursement Detail Summary: The Council will review and consider approval of the Report of Disbursements for the month of May 2023. Background: Payments made during the month of May 2023 are summarized in the Report of Disbursements. Further detail is supplied on the Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable Check Numbers (City & UVFA): 3052721-3052803; 3052804-3052891; 3052892-3052982; 3052983-3053068 Accounts Payable Wire Transfers: 86, 87 Payroll Check Numbers: 513174-513245; 513246-513325 Payroll Manual Check Numbers: NA Direct Deposit Numbers: 119265-119583; 119584-119901 Manual Direct Deposit Numbers: N/A Void Check Numbers: 3052592, 3052711, 3052679 Void Direct Deposit Numbers: N/A Discussion: This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. Attachment #1: May 2023 Summary of Disbursements Attachment #2: Account Codes for Reference Attachment #3: Object Codes for Reference Attachment #4: May 2023 Disbursement Detail Recommended Action: Approve the Report of Disbursements for the Month of May 2023. Page 11 of 500 Page 2 of 2 BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A DIVERSITY-EQUITY INITIATIVES (DEI): CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP): Page 12 of 500 Attachment 1 FUNDS: 100 General Fund $414,801.17 700 Sanitary Disposal Site Fund $10,537.56 101 GF-(Sub-Fund) Visit Ukiah 701 Landfill Corrective Fund $1,271.06 105 GF-(Sub-Fund) Fire Authority $100,874.85 702 Disposal Closure Reserve Fund 110 Special General Fund 704 Post Closure Fund - Solid Waste 120 Streets Capital Improvement $27,417.64 710 Ambulance Services Fund $15,000.14 130 Gov'tl Debt SVC/Reserve Fund $1,250.00 720 Golf Fund $2,122.91 131 Debt Service Reserve 2022 LRB $1,495.00 730 Confernence Center Fund $9,577.47 200 City Adminstrative Services $98,811.78 750 Visit Ukiah 201 Worker's Comp Fund $5,594.03 777 Airport Fund $32,654.70 202 Liability Fund $3,935.32 778 Airport Capital Improvement Fund 203 Garage Fund $6,306.78 779 Special Aviation Fund 204 Purchasing Fund $27,014.05 800 Electric Fund $768,207.00 205 Billing & Collections Fund $11,585.66 801 Electric Capital Reserve Fund $205,812.48 206 Public Safety Dispatch Fund $3,096.23 803 Lake Mendocino Bond Reserve $1,460.00 207 Payroll Posting Fund $29,149.04 805 Street Lighting Fund $94,260.82 208 Building Maintenance/Corp Yard Fund $67,114.48 806 Public Benefits Fund $3,750.00 209 IT Fund $35,049.24 807 Cap and Trade 220 Equipment Reserve Fund 808 Electric Low Carbon Fuel STDS ($59,200.00) 249 City Housing Bond Proceeds 820 Water Fund $99,237.59 250 Special Revenue Fund 822 Water Capital Improvement Fund $47,430.20 251 Special Projects Reserve Fund 830 Recycled Water Fund $233,104.38 252 Streets/ROW Improvement Fund $354,234.15 840 City/District Sewer Fund $199,037.09 253 CITY PROP 172 841 Sewer Contruction Fund 300 Park Development Fund $1,181.37 843 Sewer Capital Fund 301 Anton Stadium Fund $0.00 900 Special Deposit Trust $17,648.51 302 Observatory Park Fund 901 General Service (Accts Recv)$68.59 304 Swimming Pool Fund $0.00 902 U.S.W. Billing & Collection $53,354.17 305 Riverside Park Fund $0.00 903 Public Safety - AB 109 $0.00 306 Skate Park Fund $0.00 905 Federal Emergency Shelter Grant 310 Museum Grants 905 Mendocino Emergency Service Authority 311 Alex Rorbaugh Recreation Center Fund $6,647.76 911 Russian River Watershed Association $37,127.62 312 Downtown Business Improvement Fund $270.00 915 UVFD $8,023.68 313 LMIHF Housing Asset Fund 916 UVFD PROP 172 314 Winter Special Events 917 UVFD Measure B 315 Advanced Planning Fund $35.73 918 UVFD Mitigation $12,150.00 316 SPECIAL RECREATION EVENTS 940 Sanitation District Special Fund 500 2106 Gas Tax Fund $1,738.50 942 Rate Stabilization - UVSD Fund 501 2107 Gas Tax Fund 943 Sanitation District Capital Improvement Fund 503 2105 Gas Tax Fund 952 REDIP Sewer Enterprise Fund 505 Signalization Fund 960 Community Redevelopment Agency 506 Bridge Fund 961 RDA Housing Pass-Through 507 1998 STIP Augmentation Fund 962 Redevelopment Housing Fund 508 SB325 Reimbursement Fund 963 Housing Debt 509 S.T.P. Fund 964 RDA Capital Pass-Through 510 Trans-Traffic Congest Relief Fund 965 Redevelopment Capital Improvement Fund 511 Rail Trail Fund 966 Redevelopment Debt Service 600 Community Development Block Grant 967 Housing Bond Proceeds 601 EDBG 94-333 Revolving Loan 968 Non-Housing Bond Proceeds 602 Community Development Fund 969 RDA Obligation Retirement Fund $54,024.57 603 08-HOME-4688 844/944 Sewer Capital Projects Fund $38,828.67 604 CDBG Grant 09-STBG-6417 605 11-HOME-7654 Fund $0.00 606 CDBG Grant 10-EDEF-7261 607 Prop 84 Grant Fund 609 13-CDBG-8940 610 City RDA Projects Fund 613 Home Program Activities Retainage Withheld $5,992.50 620 CASP Train 611 CDBG 16-CDBG-11147 $6,828.17 630 Asset Seizure Fund $825.21 631 Asset Seizure Fund (Drug/Alcohol) 633 H & S Education 11489(B)(2)(A1) 634 Federal Asset Seizure Grants 635 SUP Law Enforcement Service Fund 636 CBTHP Officer 637 Local Law Enforcement Block Grant 638 Asset Forfeiture 11470.2 H & S 639 Special Revenue - Police 640 Parking District Fund $1,415.32 670 Federal American Rescue Fund 691 Museum Fund 695 Transfer Station Fund 696 Solid Waste Mitigation Fund $3,675.53 PAYROLL CHECK NUMBERS: 513174-513245 TOTAL DEMAND PAYMENTS- A/P CHECKS $3,101,828.72 DIRECT DEPOSIT NUMBERS: 119265-119583 TOTAL DEMAND PAYMENTS- EFT's $0.00 PAYROLL PERIOD: 04/26/2023 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,300,844.19 PAYROLL CHECK NUMBERS: 513246-513325 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS)$703,778.96 DIRECT DEPOSIT NUMBERS: 119584-119901 * vendor name( if applicable) PAYROLL PERIOD: 04/30/2023 PAYROLL CHECK NUMBERS: DIRECT DEPOST NUMBERS: PAYROLL PERIOD: VOID CHECK NUMBERS: TOTAL PAYMENTS $5,106,451.87 3052592, 3052711, 3052679 WIRE TRANSFER NUMBERS: 86, 87 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on ____________________. City Clerk APPROVAL OF CITY MANAGER CERTIFICATION OF DIRECTOR OF FINANCE I have examined this Register and approve same.I have audited this Register and approve for accuracy and available funds. ____________________________________________________________________________________________ MANUAL CHECK NUMBERS: NA CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF MAY Page 13 of 500 Account Code Summary Attachment 2 10000000 GENERAL FUND 20012300 COMMUNITY OUTREACH/PUBLIC INFO 10017200 SUCCESSOR AGENCY 20012500 CITY CLERK 10020000 POLICE - GEN FUND 20012600 ECONOMIC DEVELOPMENT 10020210 POLICE PATROL 20012800 EMERGENCY MANAGEMENT 10020214 POLICE VOLUNTEERS 20013210 ACCOUNTS PAYABLE 10020216 COPS GRANT 20013220 PAYROLL 10020217 POLICE ANIMAL CONTROL 20013400 ACCOUNTING 10020218 POLICE CSO 20013401 BUDGET MANAGEMENT 10020220 CODE ENFORCEMENT 20014000 CITY ATTORNEY 10020224 MAJOR CRIMES TASK FORCE 20015100 CITY TREASURER 10021210 CITY FIRE 20016100 HUMAN RESOURCES 10022100 PARKS 20023510 HOUSING GRANTS 10022300 AQUATICS 20023520 NON-HOUSING GRANTS 10022700 MUSEUM - GEN FUND 20100000 WORKER'S COMP FUND 10022810 RECREATION ADMINISTRATION 20116220 WORKERS COMPENSATION 10022821 ADULT BASKETBALL 20200000 LIABILITY FUND 10022822 ADULT SOFTBALL 20216200 RISK MANAGEMENT 10022824 CO-ED VOLLEYBALL 20300000 GARAGE FUND 10022831 YOUTH BASKETBALL 20324100 GARAGE 10022832 YOUTH SOFTBALL 20324110 FLEET MAINTENANCE 10022840 DAY CAMP 20400000 PURCHASING FUND 10022850 CLASSES & CLINICS 20413500 PURCHASING 10022860 SPECIAL ACTIVITIES 20413510 CAPITAL ASSET MANAGEMENT 10022900 COMM SVCS SPECIAL SERVICES 20413520 GRANTS AND SPECIAL PROJECTS 10023100 PLANNING SERVICES 20414000 LEGAL SERVICES/EXPENSES 10023110 CURRENT PLANNING 20500000 BILLING AND COLLECTION FUND 10023300 BUILDING INSPECTION 20513300 UTILITY BILLING 10023320 BUILDING INSPECTION 20513380 METERING-ELECTRIC 10023411 CDBG GENERAL ADMIN 20513382 METERING-WATER 10024200 ENGINEERING/STREETS 20600000 PUBLIC SAFETY DISPATCH FUND 10024210 ENGINEERING 20620231 POLICE UKIAH DISPATCH 10024214 TRAFFIC SIGNAL OPERATIONS 20620232 POLICE FT BRAGG DISPATCH 10024224 STORM WATER 20700000 PAYROLL POSTING FUND 10024310 CORP YARD MAINTENANCE 20800000 BUILDING & MAINTENANCE 10024620 STREETS 20822500 BUILDING & MAINTENANCE 10100000 GF- (SUB-FUND) VISIT UKIAH 20824300 BLDG MAINT CORP YARD 10112700 GF-(SUB-FUND) VISIT UKIAH 20900000 IT FUND 10500000 MEASURE S GENERAL FUND 20913900 INFORMATION TECHNOLOGY 10521210 FIRE AUTHORITY 22000000 FIXED ASSET FUND 12000000 STREET REHABILITATION 25100000 SPECIAL PROJECTS RESERVE FUND 12024200 PUBLIC WORKS ENGINEERING 25200000 STREETS/ROW IMPROVEMENT FUND 13000000 GOV'TL DEBT SVC/RESERVE FUND 25224220 STREETS/ROW IMPROVEMENT FUND 13100000 DEBT SERVICE RESERVE 2022 LRB 25300000 PROP 172 FUND 20000000 CITY ADMINISTRATIVE SERVICES 25321210 CITY FIRE 20010000 CITY COUNCIL 30000000 PARK DEVELOPMENT FEES FUND 20012100 CITY MANAGER 30022200 PARK DEVELOPMENT 20012200 ADMINISTRATIVE SUPPORT 30100000 ANTON STADIUM FUND Page 14 of 500 Account Code Summary Attachment 2 30200000 OBSERVATORY PARK FUND 63500000 SUP.LAW ENFORCE.SVC.FD(SLESF) 30300000 PLAYGROUND & PARK AMENITIES FU 63520210 SLESF 30322230 PLAYGROUND AND PARK AMENITIES 63600000 CBTHP OFFICER 30400000 SWIMMING POOL FUND 63620210 CBTHP OFFICER 30522250 RIVERSIDE PARK 63800000 ASSET FORFEITURE 11470.2 H&S F 30600000 SKATE PARK FUND 63820210 ASSET FORFEITURE 11470 EXPENDI 30700000 SOFTBALL COMPLEX FUND 63900000 SPECIAL REVENUE POLICE 31100000 ARRC GENERAL OPERATING FUND 64000000 PKG. DIST. #1 OPER & MAINT FUN 31122000 ARRC 64012600 ECONOMIC DEVELOPMENT 31200000 DOWNTOWN BUSINESS IMPROVEMENT 64020213 POLICE PARKING ENFORCEMENT 31212600 ECONOMIC DEVELOPMENT 67000000 FEDERAL AMERICAN RESCUE FUNDS 31300000 LMIHF HOUSING ASSET FUND 69500000 TRANSFER STATION 31323400 HOUSING 69624000 SOLID WASTE MITIGATION FUND 31323431 LMI GENERAL ADMIN 70000000 SANITARY DISPOSAL SITE FUND 31500000 ADVANCED PLANNING FUND 70024500 LANDFILL 700 31523100 COMMUNITY PLANNING 70124500 LANDFILL CORRECTIVE 31600000 SPECIAL RECREATION EVENTS 70200000 DISPOSAL CLOSURE RESERVE FUND 31622861 SPECIAL RECREATION EVENTS 70224500 LANDFILL CLOSURE 50000000 GAS TAX FUND 70400000 POST CLOSURE FUND-SOLID WASTE 50024214 TRAFFIC SIGNAL OPERATIONS 71000000 AMBULANCE SERVICES FUND 50500000 SIGNALIZATION FUND 71021100 AMBULANCE SERVICES 50800000 SB325 REIMBURSEMENT FUND 72000000 GOLF FUND 50824210 SB325 ENGINEERING 72022400 GOLF 50900000 S.T.P.73000000 CONFERENCE CENTER FUND 50924210 STP ENGINEERING 73022600 CONFERENCE CENTER 51100000 RAIL TRAIL FUND 77700000 AIRPORT FUND 51124210 Rail Trail 77714000 CITY ATTORNEY 60000000 COMM. DEVELOPMT. BLOCK GRANT F 77725200 AIRPORT OPERATIONS 60023411 CDBG GENERAL ADMIN 77800000 AIRPORT CAPITAL IMPROVEMENT FU 60023412 CDBG ACTIVITY DELIVERY 77825200 AIRPORT CAPITAL 61100000 CDBG 16-CDBG-11147 77900000 SPECIAL AVIATION FUND 61112600 CDBG ECONOMIC DEVELOPMENT 77925200 AIRPORT SPECIAL 61123410 16-CDBG-11147 80000000 ELECTRIC FUND 61123411 CDBG GENERAL ADMIN 80014000 CITY ATTORNEY 61200000 FUND 612 UNASSIGNED 80026110 ELECTRIC OVERHEAD 61223400 HOME CDD HOUSING 80026120 ELECTRIC UNDERGROUND 61223422 HOME ACTIVITY DELIVERY 80026200 TELEMETRY & CALIBRATION 61323400 HOME HOUSING ACTIVITIES 80026210 SUBSTATION 61323421 HOME GENERAL ADMIN 80026220 HYDROELECTRIC PLANT 62000000 CASP CERTIF & TRAINING 80026400 ELECTRIC ADMINISTRATION 62023320 CASP CERTIF & TRAINING 80026440 POWER PURCHASES 63000000 ASSET SEIZURE FUND 80100000 ELECTRIC CAPITAL RESERVE FUND 63020210 ASSET SEIZURE EXPENDITURE 80126100 ELECTRIC CIP 63300000 H&S EDUCATION 11489(B)(2)(A1)80126220 HYDROELECTRIC PLANT 63320210 H&S ASSET SEIZURE EXPENDITURE 80500000 STREET LIGHTING FUND 63400000 FEDERAL ASSET SEIZURE GRANTS F 80526150 STREET LIGHTING 63420250 FED ASSET SEIZURE EXPENDITURE 80600000 PUBLIC BENEFITS CHARGES FUND Page 15 of 500 Account Code Summary Attachment 2 80626450 PUBLIC BENEFITS 80700000 ELECTRIC CAP AND TRADE FUND 80800000 ELECTRIC LOW CARBON FUEL STDS 80826100 ELECTRIC LOW CARBON FUEL STDS 82000000 WATER FUND 82027110 WATER 82027111 PROD OPERATIONS & MAINTENANCE 82027114 DISTRIB OPERATIONS & MAINT 82100000 WATER CAPITAL RESERVE FUND 82200000 WATER CONNECTION FEE FUND 82227113 WATER DISTRIBUTION CAPITAL 83000000 RECYCLED WATER 83027330 RECYCLED WATER 84000000 CITY/DIST. SEWER OPERATING FUN 84027220 WASTE WATER 84027221 CITY WASTE O & M 84027225 WASTE TREATMENT O & M 84100000 SEWER BOND DEBT SERVICE FUND 84127226 WASTEWATER TREATMENT CAPITAL 84200000 RATE STABILIZATION-CITY FUND 84300000 CONNECTION FEE SEWER FUND (CAP 84400000 CITY SEWER CAPITAL PROJECTS FU 84427221 CITY WASTEWATER O&M 844 84427222 CITY WASTE CAPITAL 90000000 SPECIAL DEPOSIT TRUST FUND 91500000 UKIAH VALLEY FIRE DEPARTMENT 91521400 UVFD FIRE ADMINISTRATION 91600000 UVFD PROP 172 91621400 UVFD PROP 172 91700000 UVFD MEASURE B UNASSIGNED 91721400 UVFD FIRE 91800000 UVFD MITIGATION FEES 91821400 UVFD MITIGATION 96900000 REDEVELOPMENT OBLIGATION RETIR 96917200 SUCCESSOR AGENCY 96995669 969 - RDA OBLIGATION RETIREMEN Page 16 of 500 51211 PERS UNFUNDED LIABILITY 54101 POSTAGE 51220 INSURANCE 54102 SMALL TOOLS 51230 WORKERS COMP 54103 LAB SUPPLIES 51240 MEDICARE 54106 SPECIALTY SUPPLIES 51260 FICA 54107 EMS SUPPLIES 51270 UNIFORM ALLOWANCE 54120 PW - SPECIAL SUPPLIES 51290 CELL PHONE STIPEND 54121 PW - ASPHALT CONCRETE 52100 CONTRACTUAL SERVICES 54122 PW - AGGREGATE BASE 52110 AMBULANCE BILLING 54124 PW - CONCRETE/SUPPLIES 52111 DEFIBRILLATOR MAINTENANCE 54125 PW - TRAFFIC PAINT 52112 M. S. OVERSIGHT 54126 PW-PREMARKS 52113 PLANNING STUDIES 54127 PW - SIGN POSTS/SHEETING 52114 COMPLIANCE STUDIES 54128 PW - COLD PATCH MATERIAL 52130 EDUCATIONAL & MARKETING MATL'S 54129 PW - TACK OIL 52131 ASSISTANCE TO SENIORS 54130 PW - SAFETY 52133 MONTHLY DISCOUNT PROGRAM 54131 PW - BARRICADES & CONES 52134 GENERAL ADMIN 54161 BACKGROUND & PHYSICALS 52135 ENERGY CONSERVATION PROGRAM 54162 ADVERTISING 52137 PUBLIC BENEFITS PROGRAM MGMT 54163 INTERVIEW SUPPLIES 52139 RESEARCH DEVELOPMENT & DEMO 54165 NEW EMPLOYEE FINGERPRINT 52150 LEGAL SERVICES/EXPENSES 54166 DOT TESTING PROGRAM 52151 EMPLOYEE BENEFIT ADMIN FEES 54167 EMPLOYEE DEVELOPMENT 52155 ACTIVITY DELIVERY 54169 LIVESCAN 52180 SECURITY SERVICES 54201 PRISONER EXPENSE 52181 VOLUNTEER EXPENSES 54202 MAJOR CRIME INVESTIGATIONS 52301 PROPERTY TAX ADMIN FEE 54203 RECRUITMENT 52304 LAFCO FEES AND PROP TAX EXP 54320 SOFTWARE 52500 TRUSTEE FEES 54330 COMPUTER AND TECHNOLOGY 52510 ADVERTISING & PROMOTION 54500 EQUIP RENTS AND LEASES 52515 ADVERTISING & PUBLICATION 54700 FINES & PENALTIES 52521 LIABILITY INSURANCE PREMIUM 55100 TELEPHONE 52522 LIABILITY & PROPERTY DEDUCT 55200 PG&E 52524 PROPERTY INSURANCE PREMIUM 55210 UTILITIES 52525 WORKER'S COMP. EXPENSE 56100 VEHICLE & EQUIPMENT MAINT. & R 52526 REMIF ASSESSMENT PAYMENTS 56112 EQUIPMENT PARTS FOR RESALE 52527 A.D.P. PREMIUM & DEDUCTIBLE 56120 EQUIPMENT MAINTENANCE & REPAIR 52528 LIABILITY INSURANCE 56125 LAB EQUIP-REPAIR & MAINT. 52529 EARTHQUAKE & FLOOD (DIC)56130 EXTERNAL SERVICES 52532 SAFETY & TRAINING SUPPORT 56210 FUEL & FLUIDS 52533 UVFA RETIREE HEALTH INS 56300 BUILDING MAINT. & REPAIR 52600 RENT 56410 EQUIPMENT RENTAL - PRIVATE 52601 DATA STORAGE & CONNECTIVITY 56504 FACILITY MAINTENANCE & REPAIR 52602 RENTAL OF CITY PROPERTY 56600 AIRFIELD MAINTENANCE & REPAIR 52841 SUCCESSOR AGENCY ADMIN 57100 LEARNING AND DEVELOPMENT 53000 LAWSUIT SETTLEMENT 57101 CONF & TRAINING-AQUATICS 54100 SUPPLIES 57300 MEMBERSHIPS & SUBSCRIPTIONS Object Code Summary Attachment 3 Page 17 of 500 58101 NCPA PLANT GENERATION 58102 NCPA POWER PURCHASES 58103 NCPA TRANSMISSION 58104 NCPA MANAGEMENT SERVICES 58105 NCPA THIRD PARTY SALES 58202 CHEMICALS 58401 AVIATION FUEL 58410 GARAGE LUBRICANTS & PARTS 58510 REIMBURSABLE JOBS 59100 PROPERTY TAXES PAID 59101 FEES 59102 FRANCHISE FEES 59105 CONTRIBUTIONS TO OTHER AGENCY 59106 SENIOR TRASH SUBSIDY 59108 BANK FEES 59400 OTHER EXPENSES 59500 LOANS ISSUED 59502 SCHOLARSHIPS 61200 PURCHASING ALLOCATION 61300 BILLING & COLLECTION ALLOCATIO 61410 RENT ALLOCATION 61420 BUILDING MAINTENANCE ALLOCATIO 61422 IT ALLOCATION 61430 CORP YARD ALLOCATION 61500 INSURANCE ALLOCATION 61600 GARAGE ALLOCATION 61700 DISPATCH 62100 ADMIN & OVERHEAD ALLOCATION 63000 INTERFUND SERVICES USED 70101 LOAN PAYMENTS MADE 70102 BOND INTEREST EXPENSE 70103 LOAN INTEREST 70201 LOAN PRINCIPAL PAYMENTS 70202 BOND PRINCIPAL PAYMENTS 74500 CAPITAL LEASE PRINCIPAL 74501 CAPITAL LEASE INTEREST 80100 MACHINERY & EQUIPMENT 80210 LAND ACQUISITION 80220 BUILDING IMPROVEMENTS 80230 INFRASTRUCTURE 90100 LOAN PROCEEDS 90101 LOAN PAYMENT RECEIVED Page 18 of 500 Attachment 4 Page 19 of 500 Page 20 of 500 Page 21 of 500 Page 22 of 500 Page 23 of 500 Page 24 of 500 Page 25 of 500 Page 26 of 500 Page 27 of 500 Page 28 of 500 Page 29 of 500 Page 30 of 500 Page 31 of 500 Page 32 of 500 Page 33 of 500 Page 34 of 500 Page 35 of 500 Page 36 of 500 Page 37 of 500 Page 38 of 500 Page 39 of 500 Page 40 of 500 Page 41 of 500 Page 42 of 500 Page 43 of 500 Page 44 of 500 Page 45 of 500 Page 46 of 500 Page 47 of 500 Page 48 of 500 Page 49 of 500 Page 50 of 500 Page 51 of 500 Page 52 of 500 Page 53 of 500 Page 54 of 500 Page 55 of 500 Page 56 of 500 Page 57 of 500 Page 58 of 500 Page 59 of 500 Page 60 of 500 Page 61 of 500 Page 62 of 500 Page 63 of 500 Page 64 of 500 Page 65 of 500 Page 66 of 500 Page 67 of 500 Page 68 of 500 Page 69 of 500 Page 70 of 500 Page 71 of 500 Page 1 of 2 Agenda Item No: 8.b. MEETING DATE/TIME: 8/16/2023 ITEM NO: 2022-1479 AGENDA SUMMARY REPORT SUBJECT: Report of Disbursements for the Month of June 2023. DEPARTMENT: Finance PREPARED BY: MaryJo Reynolds, Candice Rasmason, Accounts Payable PRESENTER: Consent Calendar ATTACHMENTS: 1. June 2023 Summary of Disbursements 2. Account Codes for Reference 3. Object Codes for Reference 4. June 2023 Disbursement Detail Summary: The Council will review and consider approval of the Report of Disbursements for the month of June 2023. Background: Payments made during the month of June 2023 are summarized in the Report of Disbursements. Further detail is supplied on the Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable Check Numbers (City & UVFA): 3053069-3053120; 3053121-3054211; 3054212-3054322; 3054323-3054427; 3053428-3053516 Accounts Payable Wire Transfers: 88 Payroll Check Numbers: 513328-513407; 513408-513516; 513520-513650 Payroll Manual Check Numbers: 513326, 513327, 513517-513519, 513651, 513652 Direct Deposit Numbers: 119902-120224; 120225-120569; 120570-120915 Manual Direct Deposit Numbers: N/A Void Check Numbers: 3052400 Void Direct Deposit Numbers: N/A Discussion: This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. Attachment #1: June 2023 Summary of Disbursements Attachment #2: Account Codes for Reference Attachment #3: Object Codes for Reference Attachment #4: June 2023 Disbursement Detail Recommended Action: Approve the Report of Disbursements for the Month of June 2023. Page 72 of 500 Page 2 of 2 BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A DIVERSITY-EQUITY INITIATIVES (DEI): CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP): Page 73 of 500 Attachment 1 FUNDS: 100 General Fund $154,650.05 700 Sanitary Disposal Site Fund $7,357.48 101 GF-(Sub-Fund) Visit Ukiah 701 Landfill Corrective Fund 105 GF-(Sub-Fund) Fire Authority $80,412.47 702 Disposal Closure Reserve Fund 110 Special General Fund 704 Post Closure Fund - Solid Waste 120 Streets Capital Improvement $13,244.25 710 Ambulance Services Fund $36,407.55 130 Gov'tl Debt SVC/Reserve Fund 720 Golf Fund $18,225.43 131 Debt Service Reserve 2022 LRB 730 Confernence Center Fund $21,385.44 200 City Adminstrative Services $110,582.50 750 Visit Ukiah 201 Worker's Comp Fund $10,964.32 777 Airport Fund $73,429.24 202 Liability Fund $21,994.77 778 Airport Capital Improvement Fund $7,665.00 203 Garage Fund $18,526.35 779 Special Aviation Fund 204 Purchasing Fund $15,052.22 800 Electric Fund $1,075,514.67 205 Billing & Collections Fund $10,343.57 801 Electric Capital Reserve Fund $95,001.56 206 Public Safety Dispatch Fund $1,696.53 803 Lake Mendocino Bond Reserve 207 Payroll Posting Fund $638,088.07 805 Street Lighting Fund $12,225.53 208 Building Maintenance/Corp Yard Fund $75,253.21 806 Public Benefits Fund $10,418.84 209 IT Fund $26,870.06 807 Cap and Trade 220 Equipment Reserve Fund 820 Water Fund $110,445.31 249 City Housing Bond Proceeds 822 Water Capital Improvement Fund 250 Special Revenue Fund 830 Recycled Water Fund $32,273.41 251 Special Projects Reserve Fund 840 City/District Sewer Fund $182,245.75 252 Streets/ROW Improvement Fund $55,675.00 841 Sewer Contruction Fund 253 CITY PROP 172 843 Sewer Capital Fund 300 Park Development Fund 900 Special Deposit Trust $19,179.35 301 Anton Stadium Fund $0.00 901 General Service (Accts Recv) $248.03 302 Observatory Park Fund 902 U.S.W. Billing & Collection $134,531.39 303 PlayGround & Park Amenities Fund $127.00 903 Public Safety - AB 109 $0.00 304 Swimming Pool Fund 905 Federal Emergency Shelter Grant 305 Riverside Park Fund $8,529.30 905 Mendocino Emergency Service Authority 306 Skate Park Fund $0.00 911 Russian River Watershed Association $72,471.93 310 Museum Grants 915 UVFD $148.68 311 Alex Rorbaugh Recreation Center Fund $4,323.61 916 UVFD PROP 172 312 Downtown Business Improvement Fund 917 UVFD Measure B $75,694.11 313 LMIHF Housing Asset Fund 918 UVFD Mitigation 314 Winter Special Events $524.43 940 Sanitation District Special Fund 315 Advanced Planning Fund $40,250.00 942 Rate Stabilization - UVSD Fund 316 SPECIAL RECREATION EVENTS 943 Sanitation District Capital Improvement Fund 500 2106 Gas Tax Fund $8,995.00 952 REDIP Sewer Enterprise Fund 501 2107 Gas Tax Fund 960 Community Redevelopment Agency 503 2105 Gas Tax Fund 961 RDA Housing Pass-Through 505 Signalization Fund 962 Redevelopment Housing Fund 506 Bridge Fund 963 Housing Debt 507 1998 STIP Augmentation Fund 964 RDA Capital Pass-Through 508 SB325 Reimbursement Fund 965 Redevelopment Capital Improvement Fund 509 S.T.P. Fund 966 Redevelopment Debt Service 510 Trans-Traffic Congest Relief Fund 967 Housing Bond Proceeds 511 Rail Trail Fund $387.75 968 Non-Housing Bond Proceeds 600 Community Development Block Grant 969 RDA Obligation Retirement Fund $3,422.04 601 EDBG 94-333 Revolving Loan 844/944 Sewer Capital Projects Fund $5,702.50 602 Community Development Fund 603 08-HOME-4688 604 CDBG Grant 09-STBG-6417 605 11-HOME-7654 Fund $0.00 606 CDBG Grant 10-EDEF-7261 607 Prop 84 Grant Fund 609 13-CDBG-8940 Retainage Withheld 610 City RDA Projects Fund 611 CDBG 16-CDBG-11147 $11,434.75 613 Home Program Activities 620 CASP Train $2,500.00 630 Asset Seizure Fund $858.68 631 Asset Seizure Fund (Drug/Alcohol) 633 H & S Education 11489(B)(2)(A1) 634 Federal Asset Seizure Grants 635 SUP Law Enforcement Service Fund 636 CBTHP Officer 637 Local Law Enforcement Block Grant 638 Asset Forfeiture 11470.2 H & S 639 Special Revenue - Police 640 Parking District Fund $713.21 670 Federal American Rescue Fund 691 Museum Fund 695 Transfer Station Fund 696 Solid Waste Mitigation Fund $70.37 TOTAL DEMAND PAYMENTS- A/P CHECKS $3,306,060.71 PAYROLL CHECK NUMBERS: 513328-513407 TOTAL DEMAND PAYMENTS- EFT's $0.00 DIRECT DEPOSIT NUMBERS: 119902-120224 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,359,336.12 PAYROLL PERIOD: 06/02/2023 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS)$723,201.69 PAYROLL CHECK NUMBERS: 513408-513516 * vendor name( if applicable) DIRECT DEPOSIT NUMBERS: 120225-120569 PAYROLL PERIOD: 06/16/23 PAYROLL CHECK NUMBERS: 513520-513650 DIRECT DEPOST NUMBERS: 120570-120915 PAYROLL PERIOD: 06/30/23 TOTAL PAYMENTS $5,388,598.52 VOID CHECK NUMBERS: 3052400 513326, 513327, 513517-513519, 513651, 513652 WIRE TRANSFER NUMBERS: 88 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on ____________________. City Clerk APPROVAL OF CITY MANAGER CERTIFICATION OF DIRECTOR OF FINANCE I have examined this Register and approve same. I have audited this Register and approve for accuracy and available funds. ____________________________________________________________________________________________ MANUAL CHECK NUMBERS: CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF JUNE Page 74 of 500 Account Code Summary Attachment 2 10000000 GENERAL FUND 20012300 COMMUNITY OUTREACH/PUBLIC INFO 10017200 SUCCESSOR AGENCY 20012500 CITY CLERK 10020000 POLICE - GEN FUND 20012600 ECONOMIC DEVELOPMENT 10020210 POLICE PATROL 20012800 EMERGENCY MANAGEMENT 10020214 POLICE VOLUNTEERS 20013210 ACCOUNTS PAYABLE 10020216 COPS GRANT 20013220 PAYROLL 10020217 POLICE ANIMAL CONTROL 20013400 ACCOUNTING 10020218 POLICE CSO 20013401 BUDGET MANAGEMENT 10020220 CODE ENFORCEMENT 20014000 CITY ATTORNEY 10020224 MAJOR CRIMES TASK FORCE 20015100 CITY TREASURER 10021210 CITY FIRE 20016100 HUMAN RESOURCES 10022100 PARKS 20023510 HOUSING GRANTS 10022300 AQUATICS 20023520 NON-HOUSING GRANTS 10022700 MUSEUM - GEN FUND 20100000 WORKER'S COMP FUND 10022810 RECREATION ADMINISTRATION 20116220 WORKERS COMPENSATION 10022821 ADULT BASKETBALL 20200000 LIABILITY FUND 10022822 ADULT SOFTBALL 20216200 RISK MANAGEMENT 10022824 CO-ED VOLLEYBALL 20300000 GARAGE FUND 10022831 YOUTH BASKETBALL 20324100 GARAGE 10022832 YOUTH SOFTBALL 20324110 FLEET MAINTENANCE 10022840 DAY CAMP 20400000 PURCHASING FUND 10022850 CLASSES & CLINICS 20413500 PURCHASING 10022860 SPECIAL ACTIVITIES 20413510 CAPITAL ASSET MANAGEMENT 10022900 COMM SVCS SPECIAL SERVICES 20413520 GRANTS AND SPECIAL PROJECTS 10023100 PLANNING SERVICES 20414000 LEGAL SERVICES/EXPENSES 10023110 CURRENT PLANNING 20500000 BILLING AND COLLECTION FUND 10023300 BUILDING INSPECTION 20513300 UTILITY BILLING 10023320 BUILDING INSPECTION 20513380 METERING-ELECTRIC 10023411 CDBG GENERAL ADMIN 20513382 METERING-WATER 10024200 ENGINEERING/STREETS 20600000 PUBLIC SAFETY DISPATCH FUND 10024210 ENGINEERING 20620231 POLICE UKIAH DISPATCH 10024214 TRAFFIC SIGNAL OPERATIONS 20620232 POLICE FT BRAGG DISPATCH 10024224 STORM WATER 20700000 PAYROLL POSTING FUND 10024310 CORP YARD MAINTENANCE 20800000 BUILDING & MAINTENANCE 10024620 STREETS 20822500 BUILDING & MAINTENANCE 10100000 GF- (SUB-FUND) VISIT UKIAH 20824300 BLDG MAINT CORP YARD 10112700 GF-(SUB-FUND) VISIT UKIAH 20900000 IT FUND 10500000 MEASURE S GENERAL FUND 20913900 INFORMATION TECHNOLOGY 10521210 FIRE AUTHORITY 22000000 FIXED ASSET FUND 12000000 STREET REHABILITATION 25100000 SPECIAL PROJECTS RESERVE FUND 12024200 PUBLIC WORKS ENGINEERING 25200000 STREETS/ROW IMPROVEMENT FUND 13000000 GOV'TL DEBT SVC/RESERVE FUND 25224220 STREETS/ROW IMPROVEMENT FUND 13100000 DEBT SERVICE RESERVE 2022 LRB 25300000 PROP 172 FUND 20000000 CITY ADMINISTRATIVE SERVICES 25321210 CITY FIRE 20010000 CITY COUNCIL 30000000 PARK DEVELOPMENT FEES FUND 20012100 CITY MANAGER 30022200 PARK DEVELOPMENT 20012200 ADMINISTRATIVE SUPPORT 30100000 ANTON STADIUM FUND Page 75 of 500 Account Code Summary Attachment 2 30200000 OBSERVATORY PARK FUND 63500000 SUP.LAW ENFORCE.SVC.FD(SLESF) 30300000 PLAYGROUND & PARK AMENITIES FU 63520210 SLESF 30322230 PLAYGROUND AND PARK AMENITIES 63600000 CBTHP OFFICER 30400000 SWIMMING POOL FUND 63620210 CBTHP OFFICER 30522250 RIVERSIDE PARK 63800000 ASSET FORFEITURE 11470.2 H&S F 30600000 SKATE PARK FUND 63820210 ASSET FORFEITURE 11470 EXPENDI 30700000 SOFTBALL COMPLEX FUND 63900000 SPECIAL REVENUE POLICE 31100000 ARRC GENERAL OPERATING FUND 64000000 PKG. DIST. #1 OPER & MAINT FUN 31122000 ARRC 64012600 ECONOMIC DEVELOPMENT 31200000 DOWNTOWN BUSINESS IMPROVEMENT 64020213 POLICE PARKING ENFORCEMENT 31212600 ECONOMIC DEVELOPMENT 67000000 FEDERAL AMERICAN RESCUE FUNDS 31300000 LMIHF HOUSING ASSET FUND 69500000 TRANSFER STATION 31323400 HOUSING 69624000 SOLID WASTE MITIGATION FUND 31323431 LMI GENERAL ADMIN 70000000 SANITARY DISPOSAL SITE FUND 31500000 ADVANCED PLANNING FUND 70024500 LANDFILL 700 31523100 COMMUNITY PLANNING 70124500 LANDFILL CORRECTIVE 31600000 SPECIAL RECREATION EVENTS 70200000 DISPOSAL CLOSURE RESERVE FUND 31622861 SPECIAL RECREATION EVENTS 70224500 LANDFILL CLOSURE 50000000 GAS TAX FUND 70400000 POST CLOSURE FUND-SOLID WASTE 50024214 TRAFFIC SIGNAL OPERATIONS 71000000 AMBULANCE SERVICES FUND 50500000 SIGNALIZATION FUND 71021100 AMBULANCE SERVICES 50800000 SB325 REIMBURSEMENT FUND 72000000 GOLF FUND 50824210 SB325 ENGINEERING 72022400 GOLF 50900000 S.T.P.73000000 CONFERENCE CENTER FUND 50924210 STP ENGINEERING 73022600 CONFERENCE CENTER 51100000 RAIL TRAIL FUND 77700000 AIRPORT FUND 51124210 Rail Trail 77714000 CITY ATTORNEY 60000000 COMM. DEVELOPMT. BLOCK GRANT F 77725200 AIRPORT OPERATIONS 60023411 CDBG GENERAL ADMIN 77800000 AIRPORT CAPITAL IMPROVEMENT FU 60023412 CDBG ACTIVITY DELIVERY 77825200 AIRPORT CAPITAL 61100000 CDBG 16-CDBG-11147 77900000 SPECIAL AVIATION FUND 61112600 CDBG ECONOMIC DEVELOPMENT 77925200 AIRPORT SPECIAL 61123410 16-CDBG-11147 80000000 ELECTRIC FUND 61123411 CDBG GENERAL ADMIN 80014000 CITY ATTORNEY 61200000 FUND 612 UNASSIGNED 80026110 ELECTRIC OVERHEAD 61223400 HOME CDD HOUSING 80026120 ELECTRIC UNDERGROUND 61223422 HOME ACTIVITY DELIVERY 80026200 TELEMETRY & CALIBRATION 61323400 HOME HOUSING ACTIVITIES 80026210 SUBSTATION 61323421 HOME GENERAL ADMIN 80026220 HYDROELECTRIC PLANT 62000000 CASP CERTIF & TRAINING 80026400 ELECTRIC ADMINISTRATION 62023320 CASP CERTIF & TRAINING 80026440 POWER PURCHASES 63000000 ASSET SEIZURE FUND 80100000 ELECTRIC CAPITAL RESERVE FUND 63020210 ASSET SEIZURE EXPENDITURE 80126100 ELECTRIC CIP 63300000 H&S EDUCATION 11489(B)(2)(A1)80126220 HYDROELECTRIC PLANT 63320210 H&S ASSET SEIZURE EXPENDITURE 80500000 STREET LIGHTING FUND 63400000 FEDERAL ASSET SEIZURE GRANTS F 80526150 STREET LIGHTING 63420250 FED ASSET SEIZURE EXPENDITURE 80600000 PUBLIC BENEFITS CHARGES FUND Page 76 of 500 Account Code Summary Attachment 2 80626450 PUBLIC BENEFITS 80700000 ELECTRIC CAP AND TRADE FUND 80800000 ELECTRIC LOW CARBON FUEL STDS 80826100 ELECTRIC LOW CARBON FUEL STDS 82000000 WATER FUND 82027110 WATER 82027111 PROD OPERATIONS & MAINTENANCE 82027114 DISTRIB OPERATIONS & MAINT 82100000 WATER CAPITAL RESERVE FUND 82200000 WATER CONNECTION FEE FUND 82227113 WATER DISTRIBUTION CAPITAL 83000000 RECYCLED WATER 83027330 RECYCLED WATER 84000000 CITY/DIST. SEWER OPERATING FUN 84027220 WASTE WATER 84027221 CITY WASTE O & M 84027225 WASTE TREATMENT O & M 84100000 SEWER BOND DEBT SERVICE FUND 84127226 WASTEWATER TREATMENT CAPITAL 84200000 RATE STABILIZATION-CITY FUND 84300000 CONNECTION FEE SEWER FUND (CAP 84400000 CITY SEWER CAPITAL PROJECTS FU 84427221 CITY WASTEWATER O&M 844 84427222 CITY WASTE CAPITAL 90000000 SPECIAL DEPOSIT TRUST FUND 91500000 UKIAH VALLEY FIRE DEPARTMENT 91521400 UVFD FIRE ADMINISTRATION 91600000 UVFD PROP 172 91621400 UVFD PROP 172 91700000 UVFD MEASURE B UNASSIGNED 91721400 UVFD FIRE 91800000 UVFD MITIGATION FEES 91821400 UVFD MITIGATION 96900000 REDEVELOPMENT OBLIGATION RETIR 96917200 SUCCESSOR AGENCY 96995669 969 - RDA OBLIGATION RETIREMEN Page 77 of 500 51211 PERS UNFUNDED LIABILITY 54101 POSTAGE 51220 INSURANCE 54102 SMALL TOOLS 51230 WORKERS COMP 54103 LAB SUPPLIES 51240 MEDICARE 54106 SPECIALTY SUPPLIES 51260 FICA 54107 EMS SUPPLIES 51270 UNIFORM ALLOWANCE 54120 PW - SPECIAL SUPPLIES 51290 CELL PHONE STIPEND 54121 PW - ASPHALT CONCRETE 52100 CONTRACTUAL SERVICES 54122 PW - AGGREGATE BASE 52110 AMBULANCE BILLING 54124 PW - CONCRETE/SUPPLIES 52111 DEFIBRILLATOR MAINTENANCE 54125 PW - TRAFFIC PAINT 52112 M. S. OVERSIGHT 54126 PW-PREMARKS 52113 PLANNING STUDIES 54127 PW - SIGN POSTS/SHEETING 52114 COMPLIANCE STUDIES 54128 PW - COLD PATCH MATERIAL 52130 EDUCATIONAL & MARKETING MATL'S 54129 PW - TACK OIL 52131 ASSISTANCE TO SENIORS 54130 PW - SAFETY 52133 MONTHLY DISCOUNT PROGRAM 54131 PW - BARRICADES & CONES 52134 GENERAL ADMIN 54161 BACKGROUND & PHYSICALS 52135 ENERGY CONSERVATION PROGRAM 54162 ADVERTISING 52137 PUBLIC BENEFITS PROGRAM MGMT 54163 INTERVIEW SUPPLIES 52139 RESEARCH DEVELOPMENT & DEMO 54165 NEW EMPLOYEE FINGERPRINT 52150 LEGAL SERVICES/EXPENSES 54166 DOT TESTING PROGRAM 52151 EMPLOYEE BENEFIT ADMIN FEES 54167 EMPLOYEE DEVELOPMENT 52155 ACTIVITY DELIVERY 54169 LIVESCAN 52180 SECURITY SERVICES 54201 PRISONER EXPENSE 52181 VOLUNTEER EXPENSES 54202 MAJOR CRIME INVESTIGATIONS 52301 PROPERTY TAX ADMIN FEE 54203 RECRUITMENT 52304 LAFCO FEES AND PROP TAX EXP 54320 SOFTWARE 52500 TRUSTEE FEES 54330 COMPUTER AND TECHNOLOGY 52510 ADVERTISING & PROMOTION 54500 EQUIP RENTS AND LEASES 52515 ADVERTISING & PUBLICATION 54700 FINES & PENALTIES 52521 LIABILITY INSURANCE PREMIUM 55100 TELEPHONE 52522 LIABILITY & PROPERTY DEDUCT 55200 PG&E 52524 PROPERTY INSURANCE PREMIUM 55210 UTILITIES 52525 WORKER'S COMP. EXPENSE 56100 VEHICLE & EQUIPMENT MAINT. & R 52526 REMIF ASSESSMENT PAYMENTS 56112 EQUIPMENT PARTS FOR RESALE 52527 A.D.P. PREMIUM & DEDUCTIBLE 56120 EQUIPMENT MAINTENANCE & REPAIR 52528 LIABILITY INSURANCE 56125 LAB EQUIP-REPAIR & MAINT. 52529 EARTHQUAKE & FLOOD (DIC)56130 EXTERNAL SERVICES 52532 SAFETY & TRAINING SUPPORT 56210 FUEL & FLUIDS 52533 UVFA RETIREE HEALTH INS 56300 BUILDING MAINT. & REPAIR 52600 RENT 56410 EQUIPMENT RENTAL - PRIVATE 52601 DATA STORAGE & CONNECTIVITY 56504 FACILITY MAINTENANCE & REPAIR 52602 RENTAL OF CITY PROPERTY 56600 AIRFIELD MAINTENANCE & REPAIR 52841 SUCCESSOR AGENCY ADMIN 57100 LEARNING AND DEVELOPMENT 53000 LAWSUIT SETTLEMENT 57101 CONF & TRAINING-AQUATICS 54100 SUPPLIES 57300 MEMBERSHIPS & SUBSCRIPTIONS Object Code Summary Attachment 3 Page 78 of 500 58101 NCPA PLANT GENERATION 58102 NCPA POWER PURCHASES 58103 NCPA TRANSMISSION 58104 NCPA MANAGEMENT SERVICES 58105 NCPA THIRD PARTY SALES 58202 CHEMICALS 58401 AVIATION FUEL 58410 GARAGE LUBRICANTS & PARTS 58510 REIMBURSABLE JOBS 59100 PROPERTY TAXES PAID 59101 FEES 59102 FRANCHISE FEES 59105 CONTRIBUTIONS TO OTHER AGENCY 59106 SENIOR TRASH SUBSIDY 59108 BANK FEES 59400 OTHER EXPENSES 59500 LOANS ISSUED 59502 SCHOLARSHIPS 61200 PURCHASING ALLOCATION 61300 BILLING & COLLECTION ALLOCATIO 61410 RENT ALLOCATION 61420 BUILDING MAINTENANCE ALLOCATIO 61422 IT ALLOCATION 61430 CORP YARD ALLOCATION 61500 INSURANCE ALLOCATION 61600 GARAGE ALLOCATION 61700 DISPATCH 62100 ADMIN & OVERHEAD ALLOCATION 63000 INTERFUND SERVICES USED 70101 LOAN PAYMENTS MADE 70102 BOND INTEREST EXPENSE 70103 LOAN INTEREST 70201 LOAN PRINCIPAL PAYMENTS 70202 BOND PRINCIPAL PAYMENTS 74500 CAPITAL LEASE PRINCIPAL 74501 CAPITAL LEASE INTEREST 80100 MACHINERY & EQUIPMENT 80210 LAND ACQUISITION 80220 BUILDING IMPROVEMENTS 80230 INFRASTRUCTURE 90100 LOAN PROCEEDS 90101 LOAN PAYMENT RECEIVED Page 79 of 500 Attachment 4 Page 80 of 500 Page 81 of 500 Page 82 of 500 Page 83 of 500 Page 84 of 500 Page 85 of 500 Page 86 of 500 Page 87 of 500 Page 88 of 500 Page 89 of 500 Page 90 of 500 Page 91 of 500 Page 92 of 500 Page 93 of 500 Page 94 of 500 Page 95 of 500 Page 96 of 500 Page 97 of 500 Page 98 of 500 Page 99 of 500 Page 100 of 500 Page 101 of 500 Page 102 of 500 Page 103 of 500 Page 104 of 500 Page 105 of 500 Page 106 of 500 Page 107 of 500 Page 108 of 500 Page 109 of 500 Page 110 of 500 Page 111 of 500 Page 112 of 500 Page 113 of 500 Page 114 of 500 Page 115 of 500 Page 116 of 500 Page 117 of 500 Page 118 of 500 Page 119 of 500 Page 120 of 500 Page 121 of 500 Page 122 of 500 Page 123 of 500 Page 124 of 500 Page 125 of 500 Page 126 of 500 Page 127 of 500 Page 128 of 500 Page 129 of 500 Page 130 of 500 Page 131 of 500 Page 132 of 500 Page 133 of 500 Page 134 of 500 Page 135 of 500 Page 136 of 500 Page 137 of 500 Page 138 of 500 Page 139 of 500 Page 140 of 500 Page 141 of 500 Page 142 of 500 Page 143 of 500 Page 144 of 500 Page 145 of 500 Page 146 of 500 Page 147 of 500 Page 148 of 500 Page 149 of 500 Page 150 of 500 Page 151 of 500 Page 1 of 1 Agenda Item No: 8.c. MEETING DATE/TIME: 8/16/2023 ITEM NO: 2023-2940 AGENDA SUMMARY REPORT SUBJECT: Consideration of Adoption of Resolution Approving Records Destruction for the City Clerk, Community Development, Community Services, and Water Resources Departments. DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk ATTACHMENTS: 1. Proposed Resolution with Exhibit A Summary: The City Clerk, Community Development, Community Services, and Water Resources departments, along with the City Attorney's Office and the City Clerk, have reviewed records that have been identified as being ready for destruction. Council is being asked to approve their destruction. Background: City of Ukiah's Records Retention Guidelines was constructed based on the State of California's recommended retention schedule and various government regulations, as well as recommendations from City departments. The City Clerk, Community Development, Community Services, and Water Resources departments, along with the City Attorney's Office and the City Clerk, have reviewed the Transfer Notices for a total of 29 boxes that are due for destruction per the Guidelines, and have approved them for shredding. Discussion: The estimated cost for shredding the 29 boxes is $330. Staff recommends that Council adopt the resolution (Attachment 1), authorizing the destruction of 29 boxes of outdated documents, listed attached as Exhibit A to the resolution. Recommended Action: Adopt resolution authorizing the destruction of outdated documents for the City Clerk, Community Development, Community Services, and Water Resources Departments. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: 20012500.52100 - City Clerk Contracted Services: $2,000 PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: City Clerk Contracted Services budget PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A Page 152 of 500 RESOLUTION NO. 2023- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS WHEREAS, the City Clerk, Community Development, Community Services, and Water Resources departments, along with the City Attorney’s Office and the City Clerk have reviewed and approved the list of records that are attached as Exhibit A, and determined that said records are no longer necessary and may at this time be destroyed. NOW, THEREFORE, BE IT RESOLVED that the Ukiah City Council hereby approves the destruction of certain records, contained in Exhibit A of this Resolution, and authorizes the City Clerk to destroy the records. PASSED AND ADOPTED this 16th day of August, 2023, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ____________________________ Mari Rodin, Mayor ATTEST: ______________________________ Kristine Lawler, City Clerk Page 153 of 500 CONTAINER SHELF LOCATION BOX # Date Rec'd Con / Pub Central File # RECORD TITLE RECORD DATES RETAIN UNTIL USER/SENDER DEPARTMENT COMMENT 1 d 139 4704 3/7/2018 Pub Bids & Proposals (Unsuccessful) 2/24/16-12/6/16 2020 Ashley Cocco City Clerk 2 j 414 311 1/13/2020 Pub 301.02 Statement of Economic Interest (FORM 700s) 1/1/07-12/31/12 2019 Kristine Lawler City Clerk 2k421 00312 1/13/2020 Pub 302.02 Correspondence 1/1/2000-12/31/2019 2022 Kristine Lawler City Clerk also contains correspondence to/from City Manager 2k 423 00313 1/13/2020 Pub 301.01 General Subject Files 1/1/2012-12/31/2019 2022 Kristine Lawler City Clerk expenses, budgets granicus, correspondence, FPPC 2 k 451 2233 Con Election Files 1998 - 2000 2018 Marie Ulvila City Clerk These are all blank forms - kl 1-14-15 2 r 746 4655 5/23/2017 Pub Bids and Proposals (Unsuccessful) 1/1/15-12/31/15 2019 Ashley Cocco City Clerk 14-05 to 15-17 Unsuccessful Bids 3 s 762 2235 Pub Bids 1/98 - 1/98 2018 Marie Ulvila City Clerk 3 s 766 2629 Con Confidential Bids 1/98 - 1/98 2018 Marie Ulvila City Clerk 3 t 826 2302 Pub Redevelopement Agency Agendas 1994 - 1999 2018 Yoast City Clerk 3 u 858 00101 Pub 309.01 Public Records Requests 1/1/15-12/31/08 2020 Kristine Lawler City Clerk 3 v 908 4127 1/18/2013 Pub Applications, Boards, Commissions, Committees 1985-2009 2018 Kristine Lawler City Clerk 3 v 912 4133 3/28/2013 Pub Statement of Economic Interest (FORM 700s) 2000 - 2016 2023 Kristine Lawler City Clerk 3 x 967 4352 7/31/2014 Pub Bids and Proposals (Unsuccessful) 1978-1996 1998 Kristine Lawler City Clerk This box was already approved by Deputy Public Works Director and City Manager for destruction, but somehow didn't get destroyed. 4 bb 1151 00536 4/20/2021 Pub 303.02 Unsuccessful Bids 1/1/17-12/31/17 2020 Kristine Lawler City Clerk EXHIBIT ACITY CLERK Page 154 of 500 Page 155 of 500 COMMUNITY SERVICES CONTAINER SHELF LOCATION BOX # Date Rec'd Con / Pub Central File RECORD TITLE RECORD DATES RETAIN UNTIL USER/SENDER DEPARTMENT COMMENT 1 b 70 3495 Con Miscellaneous Recreation Files 12/04 - 12/05 2023 Merz Community Services 1 b 80 00473 1/13/2020 Pub 509.16 Deposits, Receipts, Customer Receipts 01/01/03-12/31/18 2023 McKayla Taylor Community Services 1 e 173 3429 Pub Recreation Binders 2002 - 2004 2023 Maya Simerson Community Services 1 g 263 3430 Pub Recreation Binders 2004 - 2004 2023 Maya Simerson Community Services 2m 531 3434 Pub Recreation Sports and Class Binders 2003 - 2004 2023 Maya Simerson Community Services 2r 752 3234 Pub Various Files 2003 - 2005 2023 Jake Burgess Community Services 3w 937 4361 9/2/2014 Con Schedules, Classes and Events 2003- 2005 2023 Rilee Dockins Community Services 3z 1073 4206 9/9/2013 Pub Parades and Special Events 6/1/11-12/1/11 2023 Rilee Dockins Community Services Pumpkinfest 3z 1079 4207 9/9/2013 Pub Parades and Special Events 6/1/08-12/1/10 2023 Lory Limbird Community Services Pumpkinfest Page 156 of 500 Page 157 of 500 Page 1 of 2 Agenda Item No: 8.d. MEETING DATE/TIME: 8/16/2023 ITEM NO: 2023-2944 AGENDA SUMMARY REPORT SUBJECT: Report of the Purchase of Storage Drives and a Dell Power Vault from The Drala Project Inc., and Approve Corresponding Budget Amendment. DEPARTMENT: Information Services PREPARED BY: Ryan Burkhart, IT Manager, Scott Shaver, I.T. Manager PRESENTER: Ryan Burkhart, IT Manager. ATTACHMENTS: 1. Purchase Order 48391 2. Purchase Order 48395 Summary: Council will receive a report regarding the purchase of storage drives and Dell Power Vault from The Drala Project Inc, in the amount of $89.985.62, and approve a corresponding budget amendment. Background: The City IT Department planned for, budgeted, and subsequently contracted with The Drala Project last calendar year to recommend and provide new server storage to replace the existing end-of-life unwarrantied hardware. Dell Inc, the hardware manufacturer, performed the scan and provided the results to the Drala Project for engineering a solution. The manufacturer (Dell Inc) had unfortunately not scanned the entire storage array on the first project and resulted in insufficient storage. This was not discovered until just recently. Discussion: As the project was finishing implementation, the City discovered that the amount of storage scanned by Dell was insufficient for our current needs. IT Staff relied on Dell's data scans and assessment of the City's data storage system but later identified flaws in that assessment. Through working with both Dell and The Drala Project Inc, the City's IT team determined that additional storage would be necessary to handle all current and medium term storage growth. Because of this precarious situation, immediate action was taken by the team. The lack of storage availability and system redundancy exposes the City to significant risk of system failure and data loss, necessitating the critical need to procure additional hardware. Please refer to Attachment 1 for a copy of Purchase Order 48391, which is the purchase of the Powervault in the amount of $32,140.99, and Attachment 2 for a copy of Purchase Order 48395, which is the purchase of the Powerstore Drive upgrade in the amount of $57,844.63. Due to flaws by Dell in its scan and assessment of the City's system, Dell offered these items at additional discounts. These additional purchase orders are what the City would have needed to budget for and purchase originally to handle all existing storage requirements had the Dell scans been accurate. Since these additional purchases were not included in the current budget, and there are no expected budgetary savings in the IT fund from which to draw these resources, a budget amendment is necessary to increase this year's appropriation. IT reserves in fund 209 will be used to cover these additional costs and no allocation modifications to departments will be needed. Recommended Action: Receive a report regarding the purchase of Storage Drives and Dell Power Vault from The Drala Project Inc, and approve corresponding budget amendment. BUDGET AMENDMENT REQUIRED: Yes Page 158 of 500 Page 2 of 2 CURRENT BUDGET AMOUNT: 20913900.54330: $0 PROPOSED BUDGET AMOUNT: 20913900.54330: $89,985.62 FINANCING SOURCE: Reserves PREVIOUS CONTRACT/PURCHASE ORDER NO.: COORDINATED WITH: Mary Horger, Financial Services Manager, and Dan Buffalo, Finance Director DIVERSITY-EQUITY INITIATIVES (DEI): N/A CLIMATE INITIATIVES (CI): N/A GENERAL PLAN ELEMENTS (GP): N/A Page 159 of 500 Purchase Order Purchase Order # THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND SHIPPING PAPERS. Fiscal Year Date OrderedVendor Phone Number Date RequiredVendor Fax Number Buyer Page of Delivery must be made within doors of specified destination. Item#Description/Part No.Unit Price Extended PriceUOMQty ByBy Purchasing Supervisor PO TotalVENDOR COPY BILL TO V E N D O R SHIP TO CITY OF UKIAHATTN: ACCOUNTS PAYABLE300 SEMINARY AVENUEUKIAH, CA 95482 Freight Method/TermsDelivery Reference Department/Location Sales Tax Rate 2024 1 1 48391-00 THE DRALA PROJECT INC2629 MANHATTAN AVE # 307HERMOSA BEACH CA 90254 CITY OF UKIAH - ANNEX411 W CLAY STREETUKIAH CA 95482 07/20/2023Mary Horger 0.000FOB UKIAH/N30 INFORMATION TECHNOLOGY $32,140.99 1 2.0 EACH $14,760.500 $29,521.00POWERVAULT ME5012 HYBRID STORAGE ARRAY 2 2620.0 DOLL $1.000 $2,619.99TAX (8.875%) REF REQ E39193 AS PER PROJECT PROPOSAL ATTACHED. PRICING INCLUDES INSTALLATION, CONFIGURATION, TESTING, VALIDATION, INTEGRATION, DOCUMENTATION, AND A TESTED MIGRATION PLAN. PRICING EXCLUDES SHIPPING. PRICING REFLECTS A $22,306 DISCOUNT (DELL TECHNOLOGIES CONCESSION) ATTACHMENT 1 Page 160 of 500 1 GENERALLY.These Terms and Conditions ofSale(“Terms and Conditions”)apply to all purchases byCityofUkiah.(Referred to as “Buyer”).The supplier ofgoodsandservicesunderthistransactionishereinreferredtoas“Seller”.The goods or service purchasedare referred to as the “Purchase.” 2.TERMS EXCLUSIVE.Buyer will order the goodsorservicesdescribedhereinonlyuponthetermsandconditionscontainedherein.Seller’s acceptance of thisordershalloccureitherthroughcommencementofperformanceunderthisorderoracknowledgmentofthisorder.By accepting this order,Seller waives all terms andconditionscontainedinitsquotation,acknowledgment,invoice or other documents which are different from oradditionaltothosecontainedhereinandallsuchdifferentoradditionaltermsandconditionsshallbenullandvoid.SELLER MAY NOT CHANGE MATERIAL OFMANUFACTURE,SOURCES OF SUPPLY,MANUFACTURING PROCESS OR LOCATION WITHOUTTHE PRIOR WRITTEN CONSENT OF BUYER. 3.INSPECTION.All goods shall be received subjecttoBuyer’s inspection and rejection.Defective goods andgoodsotherwisenotconformingtothisordershallbeheldforSeller’s instruction and at Seller’s risk,and if Seller sodirects,shall be returned at Seller’s expense.No defectivegoodsshallbereplacedwithoutanewpurchaseorder.Payment by Buyer shall not be construed as anacceptanceofgoods.Buyer may return to Seller anynon-defective,excess goods within thirty (30)days ofreceiving them. 4.CHANGES.City may make changes within thegeneralscopeofthisorderindrawingsandspecificationsforspeciallymanufacturedsupplies,place of delivery,method of shipment or packing of the order by givingnoticetoSellerandsubsequentlyconfirmingsuchchangesinwriting.If such changes affect the cost of or the timerequiredforperformanceofthisorder,an equitableadjustmentinthepriceordeliveryorbothmustbemade.No change by Seller is allowed without City’s writtenapproval.Any claim by Seller for an adjustment under thissectionmustbemadeinwritingwithinthirty(30)days fromthedateofreceiptbySellerofnotificationofsuchchangeunlessCitywaivesthisconditioninwriting.Nothing in thissectionexcusesSellerfromproceedingwithperformanceof the order as changed. 5.TERMINATION.City may terminate this order atanytime,either verbally or in writing,with or without cause.Should termination occur,City will pay Seller as fullperformanceuntilsuchterminationtheunitorprorataorderpricefortheperformedandacceptedportionofthePurchase.City may provide written notice of terminationforSeller’s default if Seller refuses or fails to comply withthisorder.If Seller does not cure such failure within areasonabletimeperiod,or fails to perform the Purchasewithinthetimespecified(or allowed by extension),Sellerwill be liable to City for any excess costs incurred by City. 6.TIME EXTENSION.Time is of the essence Citymayextendthetimeforcompletionif,in City’s soledetermination,Seller was delayed because of causesbeyondSeller’s control and without Seller’s fault ornegligence.In the event delay was caused by City,Seller’s sole remedy is limited to recovering money actuallyandnecessarilyexpendedbySellerbecauseofthedelay;there is no right to recover anticipated profit. 7.REMEDIES CUMULATIVE.City’s rights andremediesunderthisorderarenotexclusiveandareinaddition to any rights and remedies provided by law. 8.TITLE.Title to materials and supplies purchasedunderthisorderpassdirectlyfromSellertoCityuponCity’s written acceptance following an actual inspectionand City’s opportunity to reject. 9.PAYMENT.City will pay Seller after receivingacceptableinvoicesformaterialsandsuppliesdeliveredandacceptedorservicesrenderedandaccepted.City willnotpaycartage,shipping,packaging or boxing expensesunless specified in this order. 10.INDEMNIFICATION.Seller agrees to indemnifyandholdharmlessfromandagainstanyclaim,action,damages,costs (including,without limitation,attorney’sfees),injuries,or liability,arising out of the Purchase or theorder,or their performance.Should City be named in anysuit,or should any claim be brought against it by suit orotherwise,whether the same be groundless or not,arisingoutofthePurchaseororder,or their performance,SellerwilldefendCity(at City’s request and with counselsatisfactorytoCity)and indemnify City for any judgmentrenderedagainstitoranysumspaidoutinsettlementorotherwise.For purposes of this section “City”includesCity’s officers,elected officials,and employees.Thisparagraph9willsurviveterminationofthisorder.TherequirementsastothetypesandlimitsofinsurancecoveragetobemaintainedbySeller,and any approval ofsuchinsurancebyCity,are not intended to and will not inanymannerlimitorqualifytheliabilitiesandobligationsotherwiseassumedbySellerpursuanttothisorder,including,without limitation,to the provisions concerningindemnification. 11.WARRANTY.Seller agrees that the Purchase iscoveredbythemostfavorablecommercialwarrantiestheSellergivestoanycustomerforthesameorsubstantiallysimilarsuppliesorservices,or such other more favorablewarrantiesasisspecifiedinthisorder.Warranties will beeffectivenotwithstandinganyinspectionoracceptanceofthe Purchase by City. 12.ASSIGNMENT.City may assign this order.Except as to any payment due under this order,Seller maynotassignorsubcontracttheorderwithoutCity’s writtenapproval.Should City give consent,it will not relieve Sellerfromanyobligationsunderthisorderandanytransfereeorsubcontractor will be considered Seller’s agent. 13.INSURANCE.Seller must provide the insuranceindicated on the face sheet of this order. 14.PERMITS.Seller must procure all necessarypermitsandlicenses,and abide by all federal,state,andlocal laws, for performing this order. 15.INDEPENDENT CONTRACTOR.City and SelleragreethatSellerwillactasanindependentcontractorandwillhavecontrolofallworkandthemannerinwhichitisperformed.Seller will be free to contract for similar servicetobeperformedforotheremployerswhileundercontractwithCity.Seller is not an agent or employee of City and isnotentitledtoparticipateinanypensionplan,insurance,bonus or similar benefits City provides for its employees.Any provision in this order that may appear to give City therighttodirectSellerastothedetailsofdoingtheworkortoexerciseameasureofcontrolovertheworkmeanstheSellerwillfollowthedirectionoftheCityastoendresultsof the work only. 16.WAIVER.City’s review or acceptance of,orpaymentfor,work product prepared by Seller under thisorderwillnotbeconstruedtooperateasawaiverofanyrightsCitymayhaveunderthisAgreementorofanycauseofactionarisingfromSeller’s performance.A waiver byCityofanybreachofanyterm,covenant,or conditioncontainedinthisorderwillnotbedeemedtobeawaiverofanysubsequentbreachofthesameoranyotherterm,covenant,or condition contained in this order,whether ofthe same or different character. 17.INTERPRETATION.This Agreement was draftedin,and will be construed in accordance with the laws of theStateofCalifornia,and exclusive venue for any actioninvolving this agreement will be in Mendocino County. Page 161 of 500 Purchase Order Purchase Order # THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND SHIPPING PAPERS. Fiscal Year Date OrderedVendor Phone Number Date RequiredVendor Fax Number Buyer Page of Delivery must be made within doors of specified destination. Item#Description/Part No.Unit Price Extended PriceUOMQty ByBy Purchasing Supervisor PO TotalVENDOR COPY BILL TO V E N D O R SHIP TO CITY OF UKIAHATTN: ACCOUNTS PAYABLE300 SEMINARY AVENUEUKIAH, CA 95482 Freight Method/TermsDelivery Reference Department/Location Sales Tax Rate 2024 1 1 48395-00 THE DRALA PROJECT INC2629 MANHATTAN AVE # 307HERMOSA BEACH CA 90254 CITY OF UKIAH - ANNEX411 W CLAY STREETUKIAH CA 95482 07/25/2023Mary Horger 0.000N30INFORMATION TECHNOLOGY $57,844.63 1 1.0 EACH $53,129.400 $53,129.40POWERSTORE DRIVE UPGRADE: (10) 1.92TB SSDS 2 4715.2 DOLL $1.000 $4,715.23TAX (8.875%) REF REQ E39194 AS PER PROPOSAL Q-003791 VERSION 1 ATTACHMENT 2 Page 162 of 500 1 GENERALLY.These Terms and Conditions ofSale(“Terms and Conditions”)apply to all purchases byCityofUkiah.(Referred to as “Buyer”).The supplier ofgoodsandservicesunderthistransactionishereinreferredtoas“Seller”.The goods or service purchasedare referred to as the “Purchase.” 2.TERMS EXCLUSIVE.Buyer will order the goodsorservicesdescribedhereinonlyuponthetermsandconditionscontainedherein.Seller’s acceptance of thisordershalloccureitherthroughcommencementofperformanceunderthisorderoracknowledgmentofthisorder.By accepting this order,Seller waives all terms andconditionscontainedinitsquotation,acknowledgment,invoice or other documents which are different from oradditionaltothosecontainedhereinandallsuchdifferentoradditionaltermsandconditionsshallbenullandvoid.SELLER MAY NOT CHANGE MATERIAL OFMANUFACTURE,SOURCES OF SUPPLY,MANUFACTURING PROCESS OR LOCATION WITHOUTTHE PRIOR WRITTEN CONSENT OF BUYER. 3.INSPECTION.All goods shall be received subjecttoBuyer’s inspection and rejection.Defective goods andgoodsotherwisenotconformingtothisordershallbeheldforSeller’s instruction and at Seller’s risk,and if Seller sodirects,shall be returned at Seller’s expense.No defectivegoodsshallbereplacedwithoutanewpurchaseorder.Payment by Buyer shall not be construed as anacceptanceofgoods.Buyer may return to Seller anynon-defective,excess goods within thirty (30)days ofreceiving them. 4.CHANGES.City may make changes within thegeneralscopeofthisorderindrawingsandspecificationsforspeciallymanufacturedsupplies,place of delivery,method of shipment or packing of the order by givingnoticetoSellerandsubsequentlyconfirmingsuchchangesinwriting.If such changes affect the cost of or the timerequiredforperformanceofthisorder,an equitableadjustmentinthepriceordeliveryorbothmustbemade.No change by Seller is allowed without City’s writtenapproval.Any claim by Seller for an adjustment under thissectionmustbemadeinwritingwithinthirty(30)days fromthedateofreceiptbySellerofnotificationofsuchchangeunlessCitywaivesthisconditioninwriting.Nothing in thissectionexcusesSellerfromproceedingwithperformanceof the order as changed. 5.TERMINATION.City may terminate this order atanytime,either verbally or in writing,with or without cause.Should termination occur,City will pay Seller as fullperformanceuntilsuchterminationtheunitorprorataorderpricefortheperformedandacceptedportionofthePurchase.City may provide written notice of terminationforSeller’s default if Seller refuses or fails to comply withthisorder.If Seller does not cure such failure within areasonabletimeperiod,or fails to perform the Purchasewithinthetimespecified(or allowed by extension),Sellerwill be liable to City for any excess costs incurred by City. 6.TIME EXTENSION.Time is of the essence Citymayextendthetimeforcompletionif,in City’s soledetermination,Seller was delayed because of causesbeyondSeller’s control and without Seller’s fault ornegligence.In the event delay was caused by City,Seller’s sole remedy is limited to recovering money actuallyandnecessarilyexpendedbySellerbecauseofthedelay;there is no right to recover anticipated profit. 7.REMEDIES CUMULATIVE.City’s rights andremediesunderthisorderarenotexclusiveandareinaddition to any rights and remedies provided by law. 8.TITLE.Title to materials and supplies purchasedunderthisorderpassdirectlyfromSellertoCityuponCity’s written acceptance following an actual inspectionand City’s opportunity to reject. 9.PAYMENT.City will pay Seller after receivingacceptableinvoicesformaterialsandsuppliesdeliveredandacceptedorservicesrenderedandaccepted.City willnotpaycartage,shipping,packaging or boxing expensesunless specified in this order. 10.INDEMNIFICATION.Seller agrees to indemnifyandholdharmlessfromandagainstanyclaim,action,damages,costs (including,without limitation,attorney’sfees),injuries,or liability,arising out of the Purchase or theorder,or their performance.Should City be named in anysuit,or should any claim be brought against it by suit orotherwise,whether the same be groundless or not,arisingoutofthePurchaseororder,or their performance,SellerwilldefendCity(at City’s request and with counselsatisfactorytoCity)and indemnify City for any judgmentrenderedagainstitoranysumspaidoutinsettlementorotherwise.For purposes of this section “City”includesCity’s officers,elected officials,and employees.Thisparagraph9willsurviveterminationofthisorder.TherequirementsastothetypesandlimitsofinsurancecoveragetobemaintainedbySeller,and any approval ofsuchinsurancebyCity,are not intended to and will not inanymannerlimitorqualifytheliabilitiesandobligationsotherwiseassumedbySellerpursuanttothisorder,including,without limitation,to the provisions concerningindemnification. 11.WARRANTY.Seller agrees that the Purchase iscoveredbythemostfavorablecommercialwarrantiestheSellergivestoanycustomerforthesameorsubstantiallysimilarsuppliesorservices,or such other more favorablewarrantiesasisspecifiedinthisorder.Warranties will beeffectivenotwithstandinganyinspectionoracceptanceofthe Purchase by City. 12.ASSIGNMENT.City may assign this order.Except as to any payment due under this order,Seller maynotassignorsubcontracttheorderwithoutCity’s writtenapproval.Should City give consent,it will not relieve Sellerfromanyobligationsunderthisorderandanytransfereeorsubcontractor will be considered Seller’s agent. 13.INSURANCE.Seller must provide the insuranceindicated on the face sheet of this order. 14.PERMITS.Seller must procure all necessarypermitsandlicenses,and abide by all federal,state,andlocal laws, for performing this order. 15.INDEPENDENT CONTRACTOR.City and SelleragreethatSellerwillactasanindependentcontractorandwillhavecontrolofallworkandthemannerinwhichitisperformed.Seller will be free to contract for similar servicetobeperformedforotheremployerswhileundercontractwithCity.Seller is not an agent or employee of City and isnotentitledtoparticipateinanypensionplan,insurance,bonus or similar benefits City provides for its employees.Any provision in this order that may appear to give City therighttodirectSellerastothedetailsofdoingtheworkortoexerciseameasureofcontrolovertheworkmeanstheSellerwillfollowthedirectionoftheCityastoendresultsof the work only. 16.WAIVER.City’s review or acceptance of,orpaymentfor,work product prepared by Seller under thisorderwillnotbeconstruedtooperateasawaiverofanyrightsCitymayhaveunderthisAgreementorofanycauseofactionarisingfromSeller’s performance.A waiver byCityofanybreachofanyterm,covenant,or conditioncontainedinthisorderwillnotbedeemedtobeawaiverofanysubsequentbreachofthesameoranyotherterm,covenant,or condition contained in this order,whether ofthe same or different character. 17.INTERPRETATION.This Agreement was draftedin,and will be construed in accordance with the laws of theStateofCalifornia,and exclusive venue for any actioninvolving this agreement will be in Mendocino County. Page 163 of 500 Page 1 of 2 Agenda Item No: 8.e. MEETING DATE/TIME: 8/16/2023 ITEM NO: 2023-2945 AGENDA SUMMARY REPORT SUBJECT: Approve Contract Amendment in the Amount of $167,266 for Additional Engineering Services Related to the Main, Perkins and Gobbi Street Reconstruction Projects with BKF Engineers, and Approve Corresponding Budget Amendment. DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works ATTACHMENTS: 1. 2022-LPP Staff Recommendations 2. 212351_Perkins(ASR02) Summary: Council will consider approving contract amendment in the amount of $167,266 for additional engineering services related to the Main, Perkins and Gobbi Street reconstruction projects with BKF Engineers, and approve corresponding budget amendment. Background: City Staff prepared and submitted a grant application for partial funding of the reconstruction of Gobbi Street, Main Street and Perkins Street. These projects will consist of utility replacement on Gobbi and Main streets with pedestrian, cyclist, and ADA improvements on all three streets. These three projects were originally envisioned, designed and budgeted to occur during separate construction seasons and were originally funded with Series 2022 Lease Revenue Bonds. Staff was notified on June 8 that the California Transportation Commission approved the City’s application and $6,074,000.00 was awarded for this project, now to be called the Urban Core Rehabilitation and Transportation Project (UCRTP). This amount accounts for 43.3% of the total project cost. Due to the competitive nature of the grant, it was determined that the City putting up 57.7% of the project costs rather than the minimum 50% would give the City's application an advantage over other jurisdictions and municipalities. See Attachment 1 for award letter. Due to the nature of the grant, this project must be awarded before the end of December 2023 and engineering work must begin immediately. Discussion: BKF Engineers is responsible for the plans and specifications for the Gobbi Street Project and Perkins Street Project and Coastland Civil Engineers completed the Main Street Project. As BKF designed two of the three projects, they are a natural fit to bring them together. See Attachment 2 for a copy of their proposal. This amendment is meant to provide for the additional engineering and planning services needed to combine all three of these projects into one package that can be bid for construction. The amendment will also provide funding for Monument Preservation, Right of Way Retracement, Monument Re-Establishment and Record of Survey, which will support easement acquisition and Right of Way on this project and future endeavors in the project area. These streets are being designed in cooperation with the Complete Streets Ad-Hoc (Mayor Rodin and Councilmember Crane). Staff and the Ad-hoc are continuing to look for opportunities to implement complete street concepts and features into this project that are consistent with the direction received last month during the community workshop with Dan Burden and Blue Zones. As staff and the Ad-Hoc work to incorporate elements, there will likely be the need for additional design work and services. While the current grant and allocation of monies will not fund the entirety of the vision presented at the workshop, efforts are being Page 164 of 500 Page 2 of 2 maximized to incorporate as much of the complete street approach as possible and ensure the current project is inline with a progression towards the approved vision for Perkins, Gobbi and Main Streets. Recommended Action: Approve contract amendment in the amount of $167,266 for additional engineering services related to the Main, Perkins and Gobbi Street reconstruction projects with BKF Engineers, and approve corresponding budget amendment. BUDGET AMENDMENT REQUIRED: YES CURRENT BUDGET AMOUNT: 25224220.80230.18308: $0 PROPOSED BUDGET AMOUNT: 25224220.80230.18308: $167,266 FINANCING SOURCE: CTC Grant Funds PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2122-190 COORDINATED WITH: Andrew Stricklin, Senior Engineer, and Tim Eriksen, Director of Public Works DIVERSITY-EQUITY INITIATIVES (DEI): CLIMATE INITIATIVES (CI): 2b – Encourage active transportation as a viable alternative to automobiles. GENERAL PLAN ELEMENTS (GP): GP-A3 - Mobility Element Page 165 of 500 CALIFORNIA TRANSPORTATION COMMISSION JUNE 8, 2023 SENATE BILL 1 PROGRAMS – STAFF RECOMMENDATIONS 2022 LOCAL PARTNERSHIP COMPETITIVE PROGRAM Staff recommends Local Partnership Competitive Program funds totaling $142,453,000 for eleven projects valued at approximately $610 million in total project costs. Recommendations for funding are set forth on the attached list of projects. The recommended projects contain public transit improvements including bus and rail improvements; traffic operational improvements including construction of a roundabout and the replacement of an interchange; a road diet that will reduce the number of travel lanes and incorporate more complete streets elements; and non-motorized facility improvements specifically for bicycles and pedestrians. These projects address key Climate Plan for Transportation Infrastructure principles and will address the needs of under- resourced communities, have positive environmental impacts, support efficient land use principles, and provide benefits to communities throughout California. These improvements will reduce congestion and vehicle miles traveled, improve air quality, improve safety on all modes, and create nearly 10,000 jobs. The recommended projects were determined to be the projects that best address the criteria as outlined in the guidelines. Created by Senate Bill 1 (Beall, Chapter 5, Statutes of 2017), the California Transportation Commission’s (Commission) Local Partnership Program provides $200 million annually to counties, cities, districts, and regional transportation agencies in which voters have approved fees or taxes dedicated solely to transportation improvements or that have imposed fees, including uniform developer fees, dedicated solely to transportation improvements. The annual $200 million allotment is reduced by $20 million in incentive funding and then divided into two separate programs: the formulaic program and the competitive program. Sixty percent of those funds are distributed to the formulaic program and forty percent of those funds are distributed to the competitive program. In August 2021, the Commission began development of the 2022 Local Partnership Program Guidelines. The Commission hosted seven public workshops to solicit stakeholder input on the guidelines between August 2021 and April 2022. The guidelines were prepared by Commission staff in consultation with Caltrans, the California Air Resources Board, the California Department of Housing and Community Development, the Commission’s Equity Advisory Roundtable, regional transportation planning agencies, local agencies, transportation advocates, and other stakeholders. In addition, new to this cycle, the Commission hosted 17 virtual office hour sessions from February 2022 to April 2022, where Commission staff provided technical assistance to potential applicants who wanted to discuss their project nominations for the 2022 Local Partnership Competitive Program. Adopted by the Commission at its meeting on August 17, 2022, the 2022 Local Partnership Competitive Program Guidelines describe the policy, standards, criteria, and procedures for the development, adoption, and management of the Local Partnership Competitive Program. The Commission established the 2022 Local Partnerships Program as a two-year, $144 million program (fiscal years 2023-24 and 2024-25). Project nominations were due to the Commission by November 29, 2022. 1 of 4 ATTACHMENT 1 Page 166 of 500 CALIFORNIA TRANSPORTATION COMMISSION JUNE 8, 2023 The Commission received 37 project nominations seeking over $560 million in funding. The projects nominated and the funding requested reflect a great need for local and regional transportation taxing authorities to address the state’s highest transportation needs. Since Senate Bill 1 provides an on-going funding source for the Local Partnership Competitive Program, agencies with projects not recommended for funding in this cycle will have the opportunity to apply for funding in subsequent cycles. An evaluation team consisting of Commission and Caltrans staff reviewed project nominations based on the criteria identified in the Commission’s adopted 2022 Local Partnership Competitive Program Guidelines. The nominations were also reviewed by California Department of Housing and Community Development staff to evaluate land use efficiency and housing benefits and by members of the Interagency Equity Advisory Committee to evaluate equity and community engagement sections. Due to the competitive nature of this program, staff evaluations were limited to documentation submitted with the nomination package, including the required performance metrics outlined in the program guidelines. Projects not recommended for funding were determined to be less competitive for a variety of reasons including required information was missing or unclear; non-compliance with guidelines and/or statutory requirements; or projects are being recommended for funding in other state and/or federal programs. The projects not recommended for funding demonstrated benefits but were found less competitive in this third cycle of the Local Partnerships Program. Nominating agency staff are encouraged to contact Commission staff for technical assistance to improve project nominations in future program funding cycles. The Commission will consider these staff recommendations and program adoption at its June 28-29, 2023, Commission Meeting. 2 of 4 Page 167 of 500 CALIFORNIA TRANSPORTATION COMMISSION COUNTY NOMINATING AGENCY PROJECT TITLE PROJECT TYPE RECOMMENDED FUNDING 2023-24 ($1000s) RECOMMENDED FUNDING 2024-25 ($1000s) TOTAL PROJECT COST ($1000s) RANKING Imposed Fee Taxing Authorities* El Dorado El Dorado County Pioneer Trail/US Hwy 50 Intersection Safety Improvement Project Highway / Local Road 3,055$ 9,127$ MEDIUM San Bernadino Rancho Cucamonga, City of Foothill Blvd Complete Street Project Local Road / Active Transportation 2,400$ 4,800$ MEDIUM (-) Voter Approved Taxing Authorities Sonoma Sonoma Co Transportation Authority (SCTA)US 101/Hearn Ave Regional Multimodal Interchange Highway / Local Road / Active Transportation 8,600$ 43,675$ HIGH Alameda Alameda County Transportation Commission (Alameda CTC)Oakland Alameda Access Project Highway / Local Road / Active Transportation 25,000$ 129,900$ HIGH Yuba Yuba County North Beale Road Complete Streets / Safety Project - Phase III Local Roads / Active Transportation 3,000$ 7,711$ HIGH Santa Clara Santa Clara Valley Transportation Authority (VTA)Mountain View Transit Center Grade Separation and Access Project Transit Rail / Transit Bus / Active Transportation 25,000$ 136,000$ HIGH (-) Sacramento Sacramento Transportation Authority (STA)US 50 Gold Line Corridor Enhancement Project - Hazel Ave/US 50 Interchange Highway / Local Road / Transit Rail 25,000$ 132,726$ HIGH (-) Tulare Tulare County Association of Governments (TCAG)SR99/Caldwell Ave Interchange, Safety and Multi-Modal Project Highway 15,000$ 68,227$ MED-HIGH Mendocino 1) Ukiah, City of 2) Mendocino Council of Government (MCOG)Urban Core Rehabilitation and Transportation Project Local Roads / Active Transportation 6,074$ 14,356$ MED-HIGH San Mateo San Mateo County Transit District (SamTrans)SamTrans Emission Zero Project Transit Bus $14,824 32,605$ MEDIUM (+) Los Angeles Los Angeles County Metropolitan Transportation Authority (LA Metro) Southeast Los Angeles Transit Improvements Project - NextGen Bus Line Corridors I-710 Transit Bus $14,500 $ 31,130 MEDIUM $49,898 $92,555 610,257$ $ 142,453 Total Recommended $6,253 recommendation overprogrammed COUNTY NOMINATING AGENCY PROJECT TITLE PROJECT TYPE REQUESTED FUNDING ($1000s) TOTAL PROJECT COST ($1000s) RANKING SOURCE Santa Barbara Santa Barbara County Association of Governments (SBCAG)US101 Multimodal Corridor - Segment 4D South - Three Creeks Highway 25,000$ $ 142,581 HIGH (-)SCCP Riverside 1) Riverside County Transportation Commission (RCTC) 2) So California Regional Rail Authority Metrolink Double Track Project: Moreno to Perris Transit Rail $15,500 $34,000 MED-HIGH (+)TIRCP Riverside 1) Riverside County Transportation Commission (RCTC) 2) Riverside County Mid County Parkway: Ramona Expressway Highway / Local Roads $25,000 $ 189,793 MEDIUM (-)SCCP FULLY FUNDED BY ANOTHER STATE PROGRAM RECOMMENDED FOR FUNDING 2022 Local Partnership Competitive Program STAFF RECOMMENDATIONS ($1,000s) - Project Fact Sheets are linked to the project titles *The Competitive Program will be divided in two parts: one for taxing authorities with voter-approved taxes, tolls, or fees; and the second for applicants with only imposed fees. The Competitive Program will be divided into these two groups based on relative tax, toll, and fee revenue of the applicants. In no case will the portion for applicants with only imposed fees be less than $5,000,000. June 8, 2023 13 of 4 Page 168 of 500 CALIFORNIA TRANSPORTATION COMMISSION 2022 Local Partnership Competitive Program STAFF RECOMMENDATIONS ($1,000s) COUNTY NOMINATING AGENCY PROJECT TITLE PROJECT TYPE REQUESTED FUNDING ($1000s) TOTAL PROJECT COST ($1000s) RANKING Imposed Fee Taxing Authorities Los Angeles San Gabriel, City of Valley Blvd Revitalization Project Locl Roads / Active Transportation $15,986 $11,755 MED-LOW Riverside Corona, City of Ontario Ave Widening/Complete Streets Project Highway / Local Roads / Active Transportation $2,500 $6,000 LOW Voter Approved Taxing Authorities Santa Cruz Santa Cruz Regional Transportation Commission (SCCRTC) Watsonville-Santa Cruz Multimodal Corridor Program - SR1 Freedom to State Park Auxiliary Lanes, Bus on Shoulders, and Coastal Rail Trail Segment 12 Project (SB1-Cycle 3: Contract #1) Transit Bus / Active Transportation / Highway $25,000 $ 216,743 MED-HIGH Orange 1) Orange County Transportation Authority (OCTA) 2) Caltrans D12 State Route 91 Operational and Multimodal Improvement Project Local Roads / Active Transportation $25,000 $ 107,670 MED-HIGH Stanislaus Stanislaus Council of Governments North County Corridor - Phase I Highway / Rail $25,000 $ 210,800 MEDIUM San Francisco BATA Bay Skyway Phase I Project (Bay Skyway Phase 1 - West Oakland Link)Active Transportation / Transit Ferry $11,000 $ 170,050 MEDIUM Contra Costa Contra Costa Transportation Authority (CCTA)Coordinated Adaptive Ramp Metering (CARM)Highway / Local Roads $4,500 $40,610 MEDIUM San Diego San Diego Association of Governments (SANDAG)Eastbrook to Shell Double Track Project Rail / Active Transportation / Local Roads $25,000 $ 111,543 MEDIUM Los Angeles Los Angeles County Metropolitan Transportation Authority (LA Metro)Division 8 Zero Emission Bus Charging Infrastructure Project (Equipment)Transit Bus $25,000 $71,396 MEDIUM Alameda Alameda-Contra Costa Transit District (AC Transit)Purchase Zero-Emission Buses Transit Bus $15,000 $61,839 MEDIUM (-) Madera 1) Madera County Transportation Commission (MCTC) 2) Caltrans D6 SR 99/233 Chowchilla Multimodal Interchange Improvement Project Highway / Local Roads / Active Transportation $11,000 $30,000 MED-LOW (+) San Mateo City/County Association of Governments of San Mateo County Hillside Blvd Improvement Project, Phase II Local Roads / Active Transportation $4,550 $9,100 MED-LOW (+) Santa Barbara Santa Barbara Co Association of Governments (SBCAG)US101 Multimodal Corridor - Segment 4E North - Cabrillo Interchange Highway 25,000$ $ 150,046 MED-LOW Santa Clara Santa Clara Valley Transportation Authority (VTA)I-280/Wolfe Rd Interchange Improvement Project Highway / Local Roads $25,000 $ 120,000 MED-LOW San Francisco City & County of San Francisco (CCSF) Next Generation Fare Gates at Embarcadero, Montgomery St., and Glen Park Stations Transit Rail $5,412 $10,825 MED-LOW San Francisco San Francisco County Transportation Authority (SFCTA) Next Generation Fare Gates at Embarcadero, Montgomery St., and Glen Park Stations Transit Rail $5,412 $10,825 MED-LOW San Mateo 1) San Mateo Co Transportation Authority (SMCTA) 2) City/County Association of Governments of San Mateo County US 101 / SR 92 Area Improvements and Multimodal Project - (US101/SR92 Area Improvements)Highway / Local Road / Active Transportation $12,803 $57,531 MED-LOW Sacramento 1) Sacramento Transportation Authority (STA) 2) Rancho Cordova, City of White Rock Road Safety and Congestion Relief Phase 3 Project Local Road / Active Transportation $9,250 $24,000 MED-LOW Los Angeles Los Angeles County Metropolitan Transportation Authority (LA Metro)North Hollywood Transit Center Transit Bus / Active Transportation $25,000 $62,000 MED-LOW Nevada Truckee, Town of Truckee Railyard Transit Center Transit Bus $2,000 $4,400 MED-LOW (-) San Francisco 1) City & County of San Francisco (CCSF) 2) San Francisco County Transportation Authority (SFCTA)Transbay Howard Streetscape Project Active Tansportation / Local Roads $12,875 $55,350 LOW (+) San Francisco 1) San Francisco County Transportation Authority (SFCTA) 2) City & County of San Francisco (CCSF)Transbay Howard Streetscape Project Active Tansportation / Local Roads $12,875 $55,350 LOW (+) Sacramento Galt, City of Carillion Blvd Safety Improvements Project City of Galt is not an eligible applicant $2,100 $ 2,800,000 INELIGIBLE NOT RECOMMENDED FOR FUNDING IN CYCLE 3 June 8, 2023 24 of 4 Page 169 of 500 BKF ENGINEERS 200 4th Street, Suite 300, Santa Rosa, CA 95401 | 707.583.8500 July 17, 2023 BKF No C20212351-10 Andrew Stricklin, Associate Engineer Dept. of Public Works City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Transmitted Via Email Subject: Ukiah East Perkins Widening Project Additional Service Request No. 2 Bid Document Preparation Support Services Combined Bidding and Monument Re-Establishment for Perkins Street, Gobbi Street, and Main Street Projects, Known as the Urban Core Rehabilitation and Transportation Project Dear Andrew, BKF is pleased to submit this additional service request for engineering services to provide the City with support related to a combined bid package and a combined monument re-establishment program for the merger of the Perkins Street, Gobbi Street, and Main Street projects. We understand that the City recently received funding from the California CYC Local Partnership Competitive Program Grant that will cover the construction of the three aforementioned projects (now known collectively as the Urban Core Rehabilitation and Transportation Project”) to be merged into a single project for award to a single general contractor. As the design of the improvements for each project have been executed separately, and in the case of Main Street, completed by another design firm, the City has requested that BKF support the merging of the project by preparing a combined bid package, comprised of merged drawings, a single Specification package, and single Engineer’s Cost Opinion/Bid Schedule. Additionally, the City is aware that all three project areas have existing monuments that must be preserved following construction, and that all three areas also have missing centerline monuments. To support construction and future Right of Way retracement, the City is also looking for BKF to provide a Monument Preservation and Re-Establishment Program for these same three project areas. The following scope is presented to address your request for additional services. Scope of Services TASK 12: COMBINED PROJECT BID DOCUMENT PREPARATION SUPPORT Under this task, BKF will prepare a comprehensive Plans, Specifications, and Estimate (PS&E) package for bidding and construction. This package will merge together the following separately-prepared pavement rehabilitation and utility replacements projects: ·Gobbi Street Utility Replacement Project (prepared by BKF Engineers) ·Perkins Street Intersection Widening Project (prepared by BKF Engineers) ·Main Street Utility Replacement Project (prepared by Coastland Civil Engineers) Drawings will be combined under a single cover and will include separate “chapters” associated with each project, under which the complete individually prepared plans will be presented. One set of General Notes will be developed ATTACHMENT 2 Page 170 of 500 July 17, 2023 Page 2 of 5 BKF ENGINEERS to cover the entire combined project, but project-specific construction notes, legends, and abbreviations will be retained. Construction details for each project will not be merger, and will remain under the cover of each project “chapter” due to the project-specific nature of many of the details. BKF will utilize Specifications and Engineer’s Cost Opinions, developed for each project, as a starting point for the merger of these documents. Final deliverables to the City will include one (1) combined plan set package, one (1) combined Project Specifications manual, and one combined Engineer’s Opinion of Probable Construction Costs. These documents will be provided to the City electronically, and can be produced in hard-copy format if requested. We have included up to eight (8) hours of staff time for meetings and coordination calls with the City to discuss items such as project name and number, measurement and payment approach, project area descriptions, and to identify funding-specifics requirements that will need to be established in the Specifications. TASK 13: MONUMENT PRESERVATION AND RE-ESTABLISHMENT Gobbi Street Right of Way Retracement, Monument Preservation, Monument Re-Establishment and Record of Survey: Based upon BKF’s previous work on the Gobbi Street Utility Replacement Project, it is the understanding of the City and BKF that sections of the Gobbi Street Right of Way have not been previously surveyed, or cannot be retraced from found monumentation, and that retracement of unrecorded or un-monumented sections of right of way will require a Record of Survey in accordance with Section 8762 of the California Land Surveyor’s Act. It is also understood that existing monuments marking the centerline of Gobbi Street, and monuments marking some of the side lines of individual properties fronting Gobbi Street, exist within the project limits exist, and that permanent monuments must be reset in order to perpetuate the position of destroyed monuments in accordance with Section 8771 of the California Land Surveyor’s Act. Additionally, it is understood that the City would like centerline monuments set or reset at intersections previously un-marked by monuments, or marked by monuments destroyed prior to this project. In total it is estimated that eight to ten (8-10) centerline monuments will be set or reset, and one to three (1-3) side line monuments will be reset in the Gobbi Street section of this project. BKF will utilize boundary information previously collected under the Gobbi Street Utility Replacement Project to expand the right of way retracement to include previously un-surveyed sections of Gobbi Street right of way within the Gobbi Street project limits, and will submit a Record of Survey to the Mendocino County Surveyor’s Office in accordance with Section 8762 of the California Land Surveyor’s Act. Said Record of Survey will document retracement of the Gobbi Street right of way as well as document resetting not more than ten (10) centerline monuments and not more than three (3) side line monuments post construction. BKF will be responsible for re- setting side line monuments destroyed during the course of construction, however, BKF will not be responsible for construction of centerline monuments. BKF engineers will be responsible for setting reference points to facilitate construction of centerline monuments by others, and BKF will also be responsible for stamping centerline monuments following monument construction by others. It is understood that lane closures may be needed during the course of centerline monument referencing, construction and stamping, and the cost of lane closure and centerline monument construction is not included in this contract. Perkins Street Monument Preservation, Monument Re-Establishment and Record of Survey: Based upon BKF’s previous work on the Perkins Street Intersection Widening Project, it is understood that the City has approved BKF to submit a Record of Survey to the Mendocino County Surveyor’s Office documenting retracement of the Perkins Street right of way within the project limits. It is understood that said Record of Survey is intended to document retracement of sections of the Perkins Street right of way that have not been previously surveyed, and that retracement of unrecorded sections of right of way requires a Record of Survey in accordance with Section 8762 of the California Land Surveyor’s Act. It is also understood that existing monuments marking the centerline of Perkins Street, and monuments marking some of the side lines of individual properties fronting Perkins Street, exist within the project limits exist, and that permanent monuments must be reset in order to perpetuate the position of destroyed monuments in accordance with Section 8771 of the California Land Surveyor’s Act. Additionally, it is also understood that the City would like centerline monuments set or reset at intersections previously un-marked by monuments, or marked by monuments destroyed prior to this project. In total it is estimated that five to seven (5- Page 171 of 500 July 17, 2023 Page 3 of 5 BKF ENGINEERS 7) centerline monuments will be set or reset, and six to eight (6-8) side line monuments will be reset in the Perkins Street section of this project. BKF will expand the Record of Survey authorized by the City to document retracement of the Perkins Street Right of Way to also document re-setting not more than seven (7) centerline monuments and not more than eight (8) side line monuments post construction. BKF will be responsible for re-setting side line monuments destroyed during the course of construction, however, BKF will not be responsible for construction of centerline monuments. BKF will be responsible for setting reference points to facilitate construction of centerline monuments by others, and BKF will also be responsible for stamping centerline monuments following construction by others. It is understood that lane closures may be needed during the course of centerline monument referencing, construction and stamping, and the cost of lane closure and centerline monument construction is not included in this contract. Main Street Monument Preservation, Monument Re-Establishment and Record of Survey: BKF has not previously provided any surveying or engineering services in association with the Main Street Utility Replacement Project, however, it is understood that a retracement of the Main Street right of way within the project limits was performed by Cinquini & Passarino, Inc. (CPI). In an effort to preserve City funds, BKF has decided to partner with CPI on as a subconsultant to utilize the efficiencies that their team would bring for the monument preservation and record of survey work needed on Main Street. It is understood that monuments marking the centerline of Main Street must be reset in order to perpetuate the position of destroyed monuments in accordance with Section 8771 of the California Land Surveyor’s Act. Additionally, it is understood that the City would like centerline monuments set or re-set at centerline intersections previously un-marked by monuments, or marked by monuments destroyed prior to this project. In total it is estimated that eleven (11) centerline monuments will be re-set and six (6) additional centerline monuments will be set at intersections currenting without monuments for the Main Street section of this project. Following construction, CPI, working as a sub-consultant to BKF, will prepare a Record of Survey to document re- setting/new setting of the centerline monuments. CPI will not be responsible for construction of centerline monuments, but will set reference points for monument construction and will provide stamped brass disk for installation at the monuments. It is understood that lane closures may be needed during the course of centerline monument referencing, and the cost of lane closure and centerline monument construction is not included in this contract. TASK 14: RIGHT OF WAY EASEMENT PREPARATION Gobbi Street Right of Way Easement Legal Description & Plat Preparation: Based upon BKF’s previous work on the Gobbi Street Utility Replacement Project, it is understood that the sections of the existing and proposed public improvements fall outside existing public right of ways, and it is estimated that the City will need to acquire right of way easements affecting seven (7) properties within the project limits. BKF will prepare not more than seven (7) legal descriptions and plats describing and depicting right of way easements within the Gobbi Street project area. BKF will work with the City to determine the limits of easement areas, and will be responsible for preparation of the legal descriptions and plats describing and depicting the easement areas. BKF will not be responsible for preparation of grant documents, easement recording, or facilitating acquisition of easement rights with individual property owners. Perkins Street Right of Way Easement Legal Description & Plat Preparation: Based upon BKF’s previous work on the Perkins Street Intersection Widening Project, it is understood that the sections of the existing and proposed public improvements fall outside existing public right of ways, and it is estimated that the City will need to acquire right of way easements affecting ten (10) properties within the project limits. BKF will prepare not more than ten (10) legal descriptions and plats describing and depicting right of way easements within the Perkins Street project area. BKF will work with the City to determine the limits of easement areas, and will be responsible for preparation of the legal descriptions and plats describing and depicting the easement areas. BKF Page 172 of 500 July 17, 2023 Page 4 of 5 BKF ENGINEERS will not be responsible for preparation of grant documents, easement recording, or facilitating acquisition of easement rights with individual property owners. Main Street Right of Way Easement Legal Description & Plat Preparation: Based upon evaluation of the Improvement Plans For: Main Street Utility Improvement Project prepared by Coastland Civil Engineers, it is understood that the sections of the existing and proposed public improvements fall outside existing public right of ways, and it is estimated that the City will need to acquire right of way easements affecting five (5) properties within the project limits. BKF will prepare not more than five (5) legal descriptions and plats describing and depicting right of way easements within the Main Street project area. BKF will work with the City to determine the limits of easement areas, and will be responsible for preparation of the legal descriptions and plats describing and depicting the easement areas. BKF will not be responsible for preparation of grant documents, easement recording, or facilitating acquisition of easement rights with individual property owners. OPTIONAL TASK 15: BID AND CONSTRUCTION PHASE SUPPORT SERVICES Bid Support Services: BKF can assist the City during the construction bid solicitation process on an as-needed basis. Bid support services can include the following: a. Responding to Requests for Information (RFIs) during the bid process b. Assisting the City with issuing bid addendum packages c. Summarizing and tabulating received bids This scope assumes that BKF would support the bidding of the combined project. We will address design-related questions as they pertain to either the Perkins Street or Gobbi Street project, but will coordinate with Coastland Civil Engineering to facilitate technical design responses for any questions related to the Main Street project. Construction Support Services: BKF can allocate time to support the Contractor and Design Team during the construction phase of the Perkins Street and Gobbi Street projects. Anticipated services include written responses to RFIs, review of submittals, and drawing revisions as needed. Preparation of record drawings based on the Contractor’s as-builts can also be provided as part of this service. It is assumed that the City will either retain the services of Coastland Civil Engineering for Construction Support for the Main Street project, or will engage the services of a City-authorized third-party Construction Manager to make interpretations of and changes to the Main Street design during construction. Construction Meetings: BKF can attend site meetings with the Contractor during the construction process. Anticipated meetings include the following: a. pre-construction meeting b. three (3) interim site visits c. final punch-list walk Scope Qualifications and Assumptions BKF’s services are limited to those expressly set forth in the scope. BKF shall have no other obligations or responsibilities for the project, except as provided in this proposal letter, or as agreed to in writing. BKF will provide our services consistent with the professional skill and care ordinarily provided by consultants practicing in the same locality under similar circumstances. Our services shall be limited to those expressly summarized in this proposal and we shall have no other obligations or responsibilities, unless otherwise agreed upon. As we will be processing design documents from others, the following assumptions apply to our services: · The City will provide BKF with a digital, signed copy of the Main Street design drawings, special provisions (in word format) and the Engineer’s Opinion of Probable Construction Costs (in excel format) · It is assumed that the City will retain the services of the Main Street designer for bid and construction phase Page 173 of 500 July 17, 2023 Page 5 of 5 BKF ENGINEERS support. BKF will not be providing any bid or construction related support regarding the design elements or drawing interpretations for the Main Street project. Schedule BKF is able to commence working on this project immediately upon your authorization to proceed. We understand that the combined bid documents need to be completed by the end of September 2023 to allow time for City Council authorization, bidding, and award prior to the end the 2023 year. Fees for Professional Services SCOPE OF SERVICES: BKF proposes to provide the services on a Time & Materials basis as noted in the table below. TASK DESCRIPTION FEE 12 Combined Project Bid Document Preparation Support $20,492 13 Monument Preservation and Re-Establishment $96,766 14 Right of Way Easement Preparation $50,008 TOTAL CIVIL FEE $167,266 In addition, please budget $1,000 for reimbursable expenses. Reimbursable expenses are anticipated for reproduction, mileage, express and messenger deliveries, and computer deliverable plots. Reimbursable expenses will be billed on a cost plus 10-percent markup basis. OPTIONAL SERVICES: At your request, BKF can provide the following optional services on a time and materials not to exceed basis in accordance with the attached rate schedule. OPTIONAL TASK FEE Optional Task 15 – Bid and Construction Phase Support Services $33,937 This additional service request is an amendment to our Professional Services Agreement between BKF Engineers and the City of Ukiah, dated February 18, 2022. All terms of said agreement will remain the same except for the scope and fee items explicitly stated herein. Should you have any questions, or would like additional clarification on any aspect of the scope of work, please feel free to contact me at 707-583-8536. Respectfully, BKF Engineers ___________________________ Becky Dower, PE Project Manager Page 174 of 500 Page 1 of 2 Agenda Item No: 8.f. MEETING DATE/TIME: 8/16/2023 ITEM NO: 2023-2946 AGENDA SUMMARY REPORT SUBJECT: Award Contract for the Re-Roof of the Grace Hudson Museum to San Francisco Roofing Services, Inc., Authorize a Separate Purchase with Garland for the Roofing Materials, and Approve Corresponding Budget Amendments. DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Mary Horger, Financial Services Manager ATTACHMENTS: 1. Spec 23-05 - Grace Hudson Museum Roof Replacement Negotiated Contract 2. San Francisco Roofing 3. Western Roofing Service Summary: Council will consider awarding a contract to San Francisco Roofing Services, Inc. for the re-roof of the Grace Hudson Museum, approve a separate purchase from Garland for the roofing materials, and approve corresponding budget amendments. Background: In September of 2020, the City Council awarded a bid for the replacement of the Grace Hudson Museum Roof, Specification No. 20-10. This contract resulted in the installation of a roof that independent inspections by a City retained civil engineer and a civil engineer retained by the roofing manufacturer determined must be removed and replaced before the manufacturer will provide its 30 year warranty. Responsibility for the cost of the replacement is at issue but currently unresolved in pending litigation and confidential mediation proceedings. Discussion: In March of this year, and as part of the legal process, bids were sought from manufacturer- approved contractors for the complete re-roofing of the Grace Hudson Museum. Please see Attachment 1 for a copy of the bid specifications. Bids were received from two companies: San Francisco Roofing Services, Inc. for the amount of $450,000 (Attachment 2), and Western Roofing Service for the amount of $574,900 (Attachment 3). The bids received exclude the roofing materials, as these will be separately acquired by the City directly from the manufacturer. The low bidder, San Francisco Roofing, has extended the deadline for accepting its bid to August 18, 2023. This is the second and final extension of the deadline for accepting the bid. Failure to accept the bid could result in the roof in its current condition leaking this winter, as well as increased costs due to inflation of labor and materials. If the bid is awarded, the work will be scheduled and performed to prevent leakage and potential damage to the museum's collections. For these reasons, Staff recommends awarding the bid to San Francisco Roofing Services, Inc. in the amount of $450,000, and approving the corresponding budget amendment. In addition to being recommended by the roofing manufacturer, the City has also used this contractor for two other successful roofing projects. Approval is also being sought to purchase the roofing materials from Garland at a price not yet known, and approval of a corresponding budget amendment if needed. Staff will come back to the next regularly scheduled meeting to report the purchase if the cost meets the thresholds in the City Code for reporting to the City Council. Page 175 of 500 Page 2 of 2 Recommended Action: Award the contract for the re-roof of the Grace Hudson Museum to San Francisco Roofing Services, Inc. for the amount of $450,000, approve the separate purchase of the roofing materials as needed from Garland, and authorize corresponding budget amendments. BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: 20824700.80220.TBD: $0 PROPOSED BUDGET AMOUNT: 20824700,80220.TBD: $450k initially, and additional depending on roof materials. FINANCING SOURCE: TBD PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Sage Sangiacomo, City Manager, and David Rapport, City Attorney DIVERSITY-EQUITY INITIATIVES (DEI): CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP): Page 176 of 500 {00245263.1} CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA SPECIAL PROVISIONS FOR GRACE HUDSON MUSEUM ROOF REPLACEMENT – NEGOTIATED CONTRACT SPECIFICATION NO. 23-05 CITY OF UKIAH DEPARTMENT OF COMMUNITY SERVICES 300 Seminary Avenue Ukiah, California 95482-5400 ATTACHMENT 1 Page 177 of 500 {00245263.1} CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA CITY COUNCIL: MARI RODIN – MAYOR JOSEFINA DUENAS – VICE-MAYOR DOUGLAS CRANE – COUNCIL MEMBER SUSAN SHER – COUNCIL MEMBER JUAN OROZCO – COUNCIL MEMBER SAGE SANGIACOMO – CITY MANAGER TIM ERIKSEN - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER MARY HORGER – PROCUREMENT MANAGER KRISTINE LAWLER – CITY CLERK R. ALLEN CARTER - CITY TREASURER CITY OF UKIAH DEPARTMENT OF COMMUNITED SERVICES MARCH 2023 Page 178 of 500 {00245263.1} iii Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract TABLE OF CONTENTS PAGE INSTRUCTIONS TO BIDDERS ...................................................................................................................... 7 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS .............................................. 2 1-01. Definitions 1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal 1-04. Qualification of Bidders 1-05. Disqualification of Bidders 1-06. Identification of Subcontractors 1-07. General Provisions of the Standard Specifications SECTION 2. AWARD AND EXECUTION OF CONTRACT ......................................................................... 12 2-01. Bid Evaluation Process 2-02. Rejection of Bids 2-03. Award of Contract 2-04. Execution of Contract 2-05. Notice to Proceed SECTION 3. SCOPE AND INTENT OF CONTRACT .................................................................................. 13 3-01. Intent of the Contract Documents 3-02. Examination and Verification of Contract Documents 3-03. Contract Drawings 3-04. Coordination and Interpretation of the Contract Documents SECTION 4. BONDS.................................................................................................................................... 14 4-01. Performance Bond 4-02. Payment Bond 4-03. Defective Material and Workmanship Bond 4-04. Notification of Surety Companies SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ....................................................... 15 5-01. Minimum Scope of Insurance 5-02. Minimum Limits of Insurance 5-03. Deductibles and Self-Insured Retentions 5-04. Other Insurance Provisions 5-05. Builder’s Risk/Course of Construction Insurance 5-06. Pollution Coverage 5-07. Acceptability of Insurers 5-08. Verification of Coverage 5-09. Subcontractors SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ....................................................... 18 6-01. Independent Contractor Status 6-02. Superintendence By the Contractor 6-03. Office of Contractor at Site Page 179 of 500 {00245263.1} iv Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract 6-04. Indemnity 6-05. Protection of Persons and Property 6-06. Hazardous Chemicals and Waste 6-07. Protection of City Against Patent Claims 6-08. Protection of Contractor’s Work Property 6-09. Regulations, Permits, and Licenses 6-10. Construction Utilities 6-11. Approval of Contractor's Plans 6-12. Suggestions to the Contractor 6-13. Subcontracting 6-14. Lines and Grades 6-15. Removal of Condemned Materials and Structures 6-16. Proof of Compliance with Contract 6-17. Cooperation 6-18. Removal of Unsatisfactory Employees 6-19. Labor Code Requirements 6-20. Prevailing Wages 6-21. Cleaning Up 6-22. Guaranty of Work 6-23. Payment of Taxes SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ........................................................................ 28 7-01. Personal Liability 7.02. Authority of the Engineer 7-03. Inspection 7-05. Retention of Imperfect Work 7-06. Changes in the Work 7-07. Differing Site Conditions 7-08. Drawings by the City 7-09. Additional and Emergency Protection 7-10. Suspension of Work 7-11. Termination of the Contract for Cause 7-12. Termination for Convenience by the City SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT .............................................................. 33 8-01. General Quality 8-02. Materials and Equipment Specified by Name 8-03. Source of Materials 8-04. Storage of Materials 8-05. Drawings, Samples and Tests SECTION 9. PROSECUTION OF WORK .................................................................................................... 34 9-01. Equipment and Methods 9-02. Beginning of Work 9-03. Delays and Extensions to the Work 9-04. Saturday, Sunday, Holiday and Night Work SECTION 10. PAYMENT ............................................................................................................................. 36 10-01. Schedule of Values 10-02. Progress Payments 10-03. Retention on Progress Payments 10-04. Title Page 180 of 500 {00245263.1} v Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract 10-05. Final Inspection and Acceptance of the Work 10-06. Final Payment and Claims 10-07. Stop Notice Payments 10-08. Contract Price Adjustments 10-09. Force Account Payment 10-10. Records 10-11. Compensable Delay 10-12. Compensation to the City for Extension of Time 10-10. Liquidated Damages for Delay SECTION 11. DISPUTE RESOLUTION …………………………………………………………………… ... ….45 11-01. Timely Notice of Claim. 11-02. Notice of Potential Claim 11-03. Claims Procedure Pursuant to Public Contract Code Section 9204 11-04. Litigation and Forum Selection 11-05. Waiver SECTION 12. MISCELLANEOUS ............................................................................................................... 47 12-01. Laws to be Observed 12-02. Rights in Land and Improvements 12-03 Antitrust Claims 12-04. Third Party Rights 12-05. Assignment 12-06. Rights to Drawings and Technical Data 12-07. Gratuities and Conflicts of Interest TECHNICAL SPECIFICATIONS SECTION 13. GENERAL INFORMATION .................................................................................................. 49 13-01. Location and Scope of Work 13-02. Arrangement of Technical Specifications 13-03. Arrangement of Plans 13-04. Business Licenses 13-05. Permits 13-06. Temporary Facilities 13-07. Public Convenience and Safety 13-08. Maintaining Traffic 13-09. Stream Pollution 13-10. Warranties 13-11. Utilities 13-12. Preconstruction Conference 13-13. Safety Requirements SECTION 14. CONSTRUCTION DETAILS ................................................................................................. 50 SECTION 15. CONSTRUCTION DETAILS ................................................................................................. 50 SECTION 16. CONSTRUCTION DETAILS ................................................................................................. 50 CERTIFICATES AND DOCUMENTS BID SUBMITTAL CHECKLIST ...................................................................................................................... 51 Page 181 of 500 {00245263.1} vi Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract PROPOSAL ............................................................................................................................................. 52 BIDDING SCHEDULE ................................................................................................................................... 55 FAIR EMPLOYMENT PRACTICES CERTIFICATION .................................................................................. 57 WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 58 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................... 59 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 60 STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 61 NON-COLLUSION AFFIDAVIT ..................................................................................................................... 62 DISQUALIFICATION QUESTIONNAIRE ...................................................................................................... 63 AGREEMENT ............................................................................................................................................. 64 INDEMNIFICATION AGREEMENT ............................................................................................................... 70 BOND FORMS ……………………………………………………………………………………………………. .. 71 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............. 76 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................. 77 INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Page 182 of 500 {00245263.1} 7 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract INSTRUCTIONS TO BIDDERS The Grace Hudson Museum Roof Replacement shall be performed in accordance with the Plans and Special Provisions therefor adopted, to which special reference is hereby made. Each Bidder must supply all the information required by the bid documents and Special Provisions. If an Estimate of Quantities is given in the Contract Documents, the quantities are approximate only, being given as a basis for the comparison of bids, The City does not, expressly or by implication, agree that the actual amount of work will correspond to the estimate. The City reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work. The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start of any work. The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as scheduled. Examination of Site, Drawings, Etc. Each Bidder shall examine carefully the Contract Documents and the site of the work and shall fully inform itself with the conditions relating to execution of the work. Failure to do so will not relieve the successful Bidder of its obligation to enter into an Agreement and complete the work in strict accordance with the Contract Documents. Conditions relating to the execution of work include the requirements of federal, state and local laws, statutes and ordinances relative to the execution of work, including, but not limited to, applicable regulations concerning prevailing wage rates, non-discrimination in the employment of labor, protection of the public and employee health and safety, and environmental protection. The submission of a Bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and scope of work to be performed, the quantities of materials to be furnished and the requirements of the Contract Documents. Where an investigation of surface topography and/or subsurface conditions has been conducted in areas where work is to be performed, prospective Bidders may inspect the records of such investigations at the City’s offices. There is no warranty or guarantee, either express or implied, that the conditions indicated by such investigations are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments may not occur, or that materials other than or in proportions different from those indicated may not be encountered. The availability or use of information described in this Section is not intended to be and shall not be construed to relieve the Bidder or Contractor from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling all the terms of the Contract Documents. Location of the Work All of the work to be performed is within the City of Ukiah. Project is located at the Grace Hudson Museum, 431 South Main Street, Ukiah, CA 95482. Page 183 of 500 {00245263.1} 8 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given: a. “Acceptance” shall mean documentation attesting to the act of the City Council by which all Work under the Agreement, or a specified portion thereof, is identified as having been completed satisfactorily. b. “Addenda” shall mean written interpretations or revisions to any of the Contract Documents issued by the City before the bid opening. c. “Agreement” shall mean the written agreement covering the performance of the Work and the furnishing of labor, materials, tools and equipment in the construction of the Work. The Agreement is a part of the Contract Documents and will include all approved change orders issued after the Agreement is executed by the parties. d. “Bidder” shall mean any individual, firm, partnership, corporation or combination thereof, submitting a bid for the work contemplated, acting directly or through a duly authorized representative. e. “Bid Forms” shall mean the approved forms upon which the City requires each Bidder submit its bid with regard to the Agreement. f. “Change Order” shall mean a written order to the Contractor directing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or Contract Time provided in the Contract Documents and issued after the effective date of the Agreement. A Change Order will not become effective until approved in writing and signed by the City, hereinafter referred to as an "Approved Change Order." An Approved Change Order signed by the Contractor is hereinafter referred to as an "Executed Change Order." g. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain. h. “Construction Schedule” shall mean a list or graphic display of construction activities required for completing the Work, in a format required by the Contract Documents. The duration, start and finish date, and sequence of the significant activities, critical path, float and milestones must be indicated in the Construction Schedule. i. “Contract Documents” shall mean those documents that form the basis of the Agreement, including, but not limited to, the Instructions to Bidders, Bid Forms, Bidding Schedule, Schedule of Values, Form of Agreement, Contract Bonds, General Conditions, Supplemental Conditions, Federal Requirements, Prevailing Wages, Insurance Requirements, Technical Specifications, Appendices, Contract Drawings, Addenda, Contractor’s bid, and all Change Orders issued after the execution of the Agreement, and all other documents incorporated by reference in the same. The State of California, Department of Transportation, 2018 Standard Construction Specifications (the "Standard Specifications") shall apply to the construction work if referenced in the Technical Specifications. However, the Standard Specifications shall not apply as to the change, payment, and dispute resolution provisions applicable to this Agreement. In the event of conflict between the Standard Specifications and the Special Provisions, the Special Provisions will govern. j. "Contract Drawings," and “Contract Plans,” shall mean the identified in the Agreement, showing the character, dimensions, and details of the Work. Page 184 of 500 {00245263.1} 9 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract k. “Contract Price” shall mean the total compensation to be paid to the Contractor in accordance with the terms of the Agreement. l. “Contract Time” shall mean the number of calendar days, or portion thereof, allowed for completion of the Work, including all authorized time extensions. The effective date for commencement of the Work specified in the Notice to Proceed shall define the beginning of the Contract Time. m. “Contractor” shall mean the individual, firm, partnership, corporation, joint venture or other legal entity that has contracted with the City to perform the Work. The terms "prime contractor" or “general contractor” shall also mean Contractor. n. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. o. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them. p. Payment by “Force Account” shall mean payment on the basis of Contractor’s time and materials as further defined herein. q. “Legal Holidays’ shall mean those days designated as State holidays by the Government Code or declared by the City Council, or otherwise specified in the Contract Documents. r. “Liquidated Damages” shall mean the amount prescribed in the Contract Documents to be paid the City or to be deducted from any payment due or to become due the Contractor for each Day’s delay in completing the Work beyond the time allowed in the Contract Documents. s. “State” shall mean the State of California and its agencies, including the Department of Transportation (“Caltrans”) t. “Notice of Completion” shall mean a document recorded by the City with the Counter Recorder signifying completion of a work of improvement. u. “Notice to Proceed” shall mean a written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run. v. “Notice of Termination’ shall mean a written notice from the City to the Contractor and its Surety terminating the Agreement or a portion thereof, either for convenience of the City or for default due to the Contractor’s failure to perform its contractual obligations.” w. “Schedule of Values” shall mean the breakdown of the Contract Price that will serve as the basis for Contractor’s Applications of Payment. Any lump sum item included within the Contract Price will be apportioned among values relating to specific components of the Work covered by said lump sum item. x. “Shop Drawings” shall mean Drawings, plans, diagrams, schedules and other data specifically prepared and submitted to the City by the Contractor, showing in detail: a.) The proposed fabrication and assembly of a special component of the Work; and b.) The installation (form, fit and attachment details) of a special component of the Work. Shop Drawings shall be deemed to include Working Drawings, Product Data, literature, and applicable performance and test data. y. “Subcontractor” shall mean any individual, firm, partnership, corporation, joint venture, or combination thereof, other than employees of the Contractor, engaged by the Contractor to furnish services, labor, equipment and materials for a portion of the Work. Page 185 of 500 {00245263.1} 10 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract z. “Submittals” shall mean those documents required to be submitted by the Contractor for review by the City in accordance to the Agreement. aa. “Substantial Completion” shall mean the Work (or designated portion) is sufficiently complete, in accordance with the Contract Documents, so that the City can safely and conveniently occupy or utilize the Work (or such designated portion) for the use for which it is intended, and as needed for the City to conduct its operation. bb. “Supplier” shall mean any individual, firm, partnership, corporation, joint venture, or combination thereof, other than employees of the Contractor, that supplies a tangible product as a portion of the Work, with services usually limited to delivery and/or required testing, and with manufacturing, fabrication, or production facilities located off the Work site. cc. “Technical Specifications” shall mean the technical details, requirements, and descriptions of Work to be performed under the Agreement. The Technical Specifications comprise Section 13 and Appendices A and B of the Contract Documents, as may be amended by the City. dd. “Unit Price” shall mean the value established for a single item of work or group of items commonly regarded as a single entity, that is inclusive of all fundamental, direct and incidental costs and exclusive only of costs associated with any other unit price and any lump sum price. ee. "The Work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract Change Order or other written orders of the Engineer. ff. “Work Site” shall mean the property on which the Work will be performed, including all staging areas. gg. “Working Drawings” shall mean original drawings prepared by the Contractor and/or its Subcontractors or Suppliers, of any tier, illustrating Work required for construction that will not become an integral part of the completed Work. This includes, but is not limited to, drawings for temporary structures such as decking, bulkheads, excavation supports, utility support, groundwater control, forming, falsework, access roads, staging areas, and staging plans. A Working Drawing is one type of Shop Drawing. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise. Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise. As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The Bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the Bidder has investigated to its satisfaction the conditions to be encountered and the character, quality and requirements of the Contract Documents. 1-03. Proposal. Bids shall be made on the Bid Forms prepared by the City and all blank spaces in the Bid Forms must be completed, as required, in ink. All bids shall give the prices bid, both in writing and in figures and shall be signed by the Bidder or its authorized representative, with its address. If Bidder is the sole owner, the bid shall be signed by the owner. If Bidder is a corporation, the legal name of the corporation and its State of incorporation shall be set forth and the Bid shall be signed by at least two officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, the true name of the firm shall be set forth, the names and addresses of all partners shall be given and the bid shall be signed by a partner in the firm authorized to sign contracts on behalf of the partnership. If the Bidder is a joint venture, the Bid shall be signed on behalf of each participating company by officers or other individuals who have the full and proper authorization to do so. If the Bid is signed by an agent of Page 186 of 500 {00245263.1} 11 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract the Bidder other than an officer of a corporation or a member of a partnership, a notarized power-of-attorney must be on file with the City prior to opening of bids or must be submitted with the bid. If requested by the City, the Bidder shall promptly submit evidence satisfactory to the City of the authority of the person signing the Bid. Note the successful Bidder will prepare a Schedule of Values based on the Schedule of Bid Process that will provide additional detail which will be used in conjunction with payment. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Each Bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each Bidder on the form provided herewith. As a prerequisite to an award of the Agreement, the City will determine whether the low Bidder meets the definition of a “responsible Bidder” as set forth in Public Contract Code Section 1103: “a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” In making this determination, the City may weigh evidence that the Bidder or its personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-05. Disqualification of Bidders. A 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 law or a safety regulation. More than one bid from an individual business, partnership, corporation or association or combination thereof, under the same or different names, will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Bidder for the work contemplated may cause the rejection of all Bids in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason to believe that collusion exists among the Bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 1-06. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 to 4114, inclusive) and shall set forth: (a) The name and the location of the place of business of each subcontractor who will perform work or labor, supply materials, or render service to the Bidder in or about the construction of the work in an amount in excess of one-half of 1 percent (0.5%)of the Bidder’s total bid. (b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in its bid. If the Bidder fails to specify a subcontractor for any portion of the work, the Bidder agrees to perform that portion of the work itself, and represents that it is qualified to perform that portion of the work itself. 1-07. Non-collusion Affidavit. By submitting a bid, the Bidder represents and warrants that such bid is genuine and not a sham or collusive or made in the interest or on the behalf of any person therein named, and that the Page 187 of 500 {00245263.1} 12 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract Bidder has not, directly or indirectly, induced or solicited any other Bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the Bidder has not in any manner sought collusion to secure the Bidder an advantage over any other Bidder. All Bids shall be accompanied by an executed non-collusion affidavit in the form required by Public Contract Code Section 7106 provided with the bid documents. SECTION 2. AWARD AND EXECUTION OF CONTRACT 2-01. Bid Evaluation Process. Bids received shall be evaluated to determine the apparent low Bidder. The apparent low Bidder will be determined on the basis of the Total Bid Price, as shown in the Biding Schedule. If additive or deductive alternates are used in the Bidding Schedule, the apparent low Bidder will be the Bidder with the lowest total of the bid prices for the base contract items, plus the alternates designated by the City as those that will be used for determining the lowest bid price. 2-02. Rejection of Bids. Bids may be rejected if they show such items as: any alteration of form; additions not called for; conditional bids; incomplete bids; erasures; irregularities which make the bids incomplete, indefinite or ambiguous; no acceptable bid security; or if the bid is not properly executed. To the fullest extent allowed by law, the City reserves the right to reject any and all bids or to waive any irregularities and informalities in any bids or in the bid procedure. 2-03. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible Bidder whose bid complies with all the specified requirements. To the fullest extent allowed by law, the City reserves, in its sole discretion, the right to reject any and all Bids and to waive any informality or irregularity in the Bids received, other provisions in the Contract Documents notwithstanding. 2-04. Execution of Contract. The successful Bidder shall, within fifteen (15) days after receipt of written notice that the Agreement has been awarded, sign and deliver to the City an Agreement in the form hereto, attached together with the Agreement Bonds and insurance certificates as required in the Contract Documents. After receiving the signed Agreement with acceptable bonds and insurance certificates from the successful Bidder, the City will sign the Agreement. If the Contractor is an individual, the Agreement shall be executed personally by the Contractor. If the Contractor is a partnership, it is desirable that the Agreement be executed by all of the partners, but it may be executed by one of them. If the Contractor is a corporation, it must be executed by two officers of the corporation consisting of (1) the chairman of the board, president or vice president; and (2) the secretary, assistant secretary, chief finance officer, treasurer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. In the alternative, a person other than an officer may sign the Agreement, provided evidence satisfactory to the City is provided indicating the individual’s authority to bind the corporation. If the corporate seal is not affixed to the Agreement, or if it is executed by a person other than an officer, or only by one officer, there must be attached to the Agreement a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If the Contractor is a joint venture, the Agreement must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to do so. 2-05. Notice to Proceed: After execution of the Agreement and submission of Contractor’s performance and payment bonds and certificate of insurance, the City will issue the Notice to Proceed indicating that the Work may commence on the date indicated. Notice to Proceed will be issued within 120 days of Notice to Award, or any longer period agreed upon between the City and Contractor. Page 188 of 500 {00245263.1} 13 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract SECTION 3. SCOPE AND INTENT OF CONTRACT 3-01. Intent of the Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intent of the Contract Documents is to describe a functionally complete project to be constructed. When the Contract Documents describe portions of the Work in general terms, but not in complete detail, it is understood that the best general practice shall be followed and only materials and workmanship of the best standard quality shall be used. Any Work, materials or equipment that are customarily provided or that are reasonably inferable from the Contract Documents, as being required to produce the intended result shall be supplied, whether or not specifically called for. When words, which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, laws or regulations in effect on the first published date of the Notice Inviting Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the City or Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign the City or the Engineer, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the other provisions of the Contract Documents. The Contract Documents are divided into parts, divisions, sections and articles for convenient organization and reference. Generally, there has been no attempt to divide the specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project. 3-02. Examination and Verification of Contract Documents. The Contractor shall thoroughly examine and become familiar with all of the various parts of the Contract Documents and shall determine the nature and location of the Work, the general and local conditions (including applicable laws) and all other matters which can in any way affect the cost, progress or performance of the Work under this Agreement. Failure to make an examination necessary for this determination shall not release the Contractor from the obligations of the Agreement. No oral agreement or conversation with any officer, or employee of the City, or with the Engineer either before or after the execution of the Agreement, shall affect or modify any of the terms or obligations contained in the Contract Documents. 3-03. Contract Drawings. The Drawings consist of general drawings and show such plans, elevations, sections, details and schedules as are necessary to give a graphic and pictorial description of the contemplated construction. All authorized alterations affecting the requirements and information given on the Contract Drawings shall be in writing. 3-04. Coordination and Interpretation of the Contract Documents. These Specifications, the Plans, Special Provisions, and all supplementary Plans, drawings, and other Contract Documents are essential parts of the Contract, and a requirement occurring in one is just as binding as though occurring in all. These documents are intended to be integrated to describe and provide for a complete Work. In the event of a conflict in the Contract Documents, unless expressly indicated otherwise, the governing priorities are as follows: 1. A Change Order. 2. The Agreement. 3. Addenda. Subsequent Addenda shall govern over prior Addenda only to the extent specified. 4. Special Provisions. 5. In case of conflict between the Technical Specifications and the General Conditions, the Technical Specifications shall govern. 6. In case of conflict between Contract Drawings and the Special Provisions, the Contract Drawings shall govern in matters of quantity and the Special Provisions shall govern in matters of quality. 7. In case of conflict within the Contract Drawings involving quantities and quality, Contractor shall furnish the greater quantity and quality material and procedure. 8. In case of conflict within a plan sheet involving figured or numerical dimensions the profile shall govern over the layout. Page 189 of 500 {00245263.1} 14 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract 9. In case of conflict within the Special Provisions involving quality of material or procedure, Contractor shall furnish the higher quality material and procedure. 10. Specific notes shall govern over other notes and other portions of the Plans except Schedules. 11. Larger scale drawings shall govern over smaller scale drawings. 12. Detail plans shall govern over standard plates. 13. Figured or numerical dimensions shall govern over dimensions obtained by scaling. 14. Where provisions of codes, safety orders, Contract Documents, referenced manufacturers’ specifications or industry standards are in conflict, the more restrictive and higher quality shall govern. The Contractor shall not take advantage of any error, discrepancy or omission in any of the Contract Documents if such error, discrepancy or omission was or should have been apparent to Contractor. As soon as Contractor discovers any apparent error, discrepancy or omission, Contractor shall immediately notify the Engineer, so that the Engineer may make a determination on the matter, which determination shall be final, subject to Contractor’s right to submit a claim in accordance with applicable provisions of the Contract Documents. The Work shall be performed and completed according to the meaning and intent of the Contract Documents. In the event of doubt or question arising concerning the true meaning of the Contract Documents or should it appear that the Work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract Documents, the Contractor shall submit a Request for Information (“RFI”) to the Engineer for such further explanations as may be reasonable necessary and shall conform to the written explanation given as if part of the Contract Documents. The decision of the Engineer in such cases shall be final. The Contractor shall anticipate that it will be necessary to prepare and submit RFIs regarding the Contract Documents. The City will respond to each RFI by no later than fourteen (14) days after receipt of the RFI, unless the RFI is of significant complexity. Furthermore, in the event that there are numerous RFIs pending, Contractor shall cooperate with the City in establishing a priority for responding to the RFIs, and potentially some RFIs may be responded to beyond the fourteen (14) day period. Each RFI prepared by the Contractor shall be full and complete. Contractor shall prepare RFIs so as to not cause any delay to the progress of the Work and to not cause any impact to Contractor’s labor productivity in the field. Contractor shall not assert any claims for delay or interference against the City if Contractor fails to timely submit any RFI to the City, after consideration of the response period allowed for the City. The response to an RFI shall not, by itself, constitute a writing that authorizes the Contractor to perform any Work that causes an adjustment to either the Contract Time or the Contract Price. If the Contractor believes that any response to an RFI should constitute a compensable change, the Contractor shall provide a Notice of Potential Claim as provided in Section 11-02, below. The Contractor’s failure to provide the required written notice shall constitute a waiver of the Contractor’s right to seek a compensable changes based on the RFI response. The Contractor shall examine all Contract Documents; shall verify all figures in the Contract Documents before laying out the Work; shall promptly notify the Engineer of all errors, inconsistencies, and/or omissions that it discovers; and, in instances where such non-conformities are discovered, shall obtain specific instructions in writing from the Engineer before proceeding with the Work. Contractor’s performance of any Work affected by such non- conformities prior to Engineer's decision shall be at the Contractor's risk. Any Work that is customarily provided or that is reasonably inferable shall not relieve the Contractor from performing such work at no additional expense and/or delay, and such Work shall be performed as if fully set forth in the Contract Documents SECTION 4. BONDS 4-01. Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a performance bond (see attached City form) in an amount of 100 percent of the total Contract Price, as this sum is set forth in the agreement, executed by a surety specified in California Code of Civil Procedure section 995.310 and otherwise acceptable to the City. Page 190 of 500 {00245263.1} 15 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract 4-02. Payment Bond. As a part of the execution of this contract, the Contractor shall furnish a payment bond (see attached City form) in a sum not less than 100 percent of the total Contract Price, as this sum is set forth in the agreement, executed by a surety specified in California Code of Civil Procedure section 995.310 and otherwise acceptable to the City. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final Contract Price, to hold good for a period of one (1) year after the completion and Acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made. 4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract. SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS At the time of execution of the Agreement, the Contractor shall, at its own expense, procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001), covering all operations by or on behalf of the Contractor and providing insurance for the limits of liability indicated below. 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury by accident; $1,000,000 policy limit for bodily injury by disease; and $1,000,000 each employee for bodily injury by disease. 4. Course of Construction: Completed value of the project with no co-insurance penalty provisions. Page 191 of 500 {00245263.1} 16 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, agents, employees and volunteers are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. The additional insured endorsement for the general liability policy shall be at least as broad as CG 2010 10 01 combined with CGL Endorsement CG 2037 10 01. All endorsements must be approved in writing by the City. General Liability endorsements must include coverage for ongoing and completed operations, which coverage shall be maintained for four (4) years following completion of the Project. 2. Contractor’s Commercial General Liability Insurance shall include coverage or endorsements for (1) Premises and Operations; (b) Produces and Completed Operations; (c) Broad form property damage (including completed operations); (d) explosion, collapse, and underground hazards; and (e) personal injury liability. Such insurance shall specifically cover the contractual liability of Contractor. 3. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. 4. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, agents, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This shall be evidenced by such separate endorsement (CG 20 01 04 13 or an equivalnet0 or section of the policy. 5. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified herein; or (2) the fully coverage and maximum limits of any insurance proceeds available to het named insureds, whichever is greater. 6. Liability insurance coverage may not be written on a “claims made” or modified occurrence basis. The Certificate of Insurance must clearly provide that the coverage is on an “occurrence” basis. 7. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 8. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code. 9. If there is an exposure to Contractor’s employees under the U.S. Longshoremen’s and Harbor Worker’s Compensation Act, the Jones Act, or other Federal Acts or under laws, regulations, or statutes applicable to maritime employees, Contractor’s Worker Compensation and Employer’s Liability Insurance coverage shall be included for such injuries or claims. Page 192 of 500 {00245263.1} 17 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract 5-05. Builder’s Risk/Course of Construction Insurance. The Contractor shall be responsible for all loss, damage, or destruction whatsoever to the work called for by this Contract until the approval of a Notice of Completion. The Contractor shall secure “All Risk” type of Builder’s Risk Insurance of the type covering one hundred percent (100%) of the value of the work performed under this Contract (the value is presumed to be the Contract amount unless otherwise stated) and all materials, equipment, or other items to be incorporated therein while the same are located at the construction site, a bonded warehouse, or its place of manufacture. At any time, the policy shall cover the value of the work completed. The policy shall cover hazards included the losses due to fire, explosion, hail, rain, lightning, flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke. The policies providing such insurance shall name the City as a loss payee as its respective interests may appear, and certified copies of such policies shall be filed with the City. The maximum deductible allowed under the Builder’s All Risk Policy shall be five percent (5%) of the Contract amount. Builder’s Risk Insurance is not required for coverage of losses in excess of five percent (5%) of the Contract amount for damages resulting from earthquake in excess of a magnitude of 3.5 on the Richter scale, or tidal waves. Coverage in the amount of five percent (5%) of the Contract amount for such losses is required. 5-06. Pollution Coverage. Contractor shall procure pollution liability coverage or other insurance covering claims for bodily injury or property damages arising out of the abatement, removal, storage, transportation, or other exposure to hazardous materials or pollutants, in limits not less than $2,000,000. Contractor shall add the City and all parties required to be indemnified by Contractor as additional insureds on all pollution liability policies. 5-07. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following: A++ VII A- VIII A+ VII B++ X A VII B+ X 5-08. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-09. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR 6-01. Independent Contractor Status. The Contractor shall independently perform all Work required by the Contract Documents and shall not be considered as an agent or employee of the City, nor shall the Contractor’s Subcontractors or employees be considered as subagents of the City. The Contractor and the Contractor’s Subcontractors shall be licensed in accordance with the laws of the State of California and as more particularly described in the bidding documents or elsewhere in the Contract Documents. 6-02. Superintendence By the Contractor. The Contractor shall supervise and direct the Work, which shall be performed in accordance with the requirements of the Contract Documents. The Contractor shall be solely responsible for implementation of all construction means, methods, techniques, sequences, and procedures and for coordination of all portions of the Work under the Agreement. The Contractor shall be solely responsible for the Page 193 of 500 {00245263.1} 18 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract safety of its employees, Subcontractors of any tier, Suppliers, visitors to the Contractor, and other third parties associated with the Contractor. Before issuance of the Notice to Proceed, the Contractor shall designate, in writing, the Project Manager, Site Superintendent and Safety Officer for Contractor on the project. The City must approve each of these three positions before issuance of Notice to Proceed. Instances of misconduct, contract non-compliance, unsatisfactory performance, or incompetence by these personnel shall be grounds for the City to direct Contractor to dismiss them from the project; Contractor shall immediately comply with the City’s request, at no cost to the City, and shall designate a replacement according to the above designation procedure. Superintendent shall be assigned to the site full time and the Project Manager shall be present at the work site whenever actions of the elements necessitate its presence to take measures necessary to assure contract compliance and to protect the Work, persons or property. Any order or communication given to the Project Manager or Site Superintendent shall be deemed delivered to the Contractor. If requested by the Engineer, Contractor shall provide daily reports signed by Contractor’s Superintendent indicating the location and description of operations and details of the equipment and labor used to perform the items of Work. Such details shall include the description of the items of Work, names and classifications of laborers, hours worked, description of equipment used, equipment numbers, and hours equipment are in use, and hours equipment may be idle. When the Contractor has more than one construction contract with the City, each contract shall have independent field offices, field staff, and superintendence. Additional requirements for superintendence or project staffing may be included in the Technical Specifications. 6-03. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work. The Contractor shall keep one copy of all Contract Documents (including Change Orders), approved Shop Drawings, correspondence, meeting minutes, approved progress payments, and all other records relating to the Work at the work site. These records shall be maintained in good order, and they shall be available to the City and its authorized representatives for review, inspection and copying. 6-04. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless the City and its officers, directors, employees, and agents, including the Engineer, and the successors and assigns of any of them (collectively referred to as “Indemnitees”) from and against all claims, demands, liability, suits, actions, costs or expenses for any and all loss or damage, including, but not limited to, personal injury, property damage, or economic loss, arising from or resulting from allegations of (1) Contractor’s use of the City’s property or any activities or Work performed hereunder by Contractor; (2) Contractor’s performance of het Work under the Agreement; or (3) Contractor’s breach of any provision of the Agreement,. The duty of Contractor to indemnify and save harmless includes the dues to defend as set forth in Section 2778 of the civil Code. The only exception to these provisions is that Contractor’s obligations under this section will not apply to the extent that claims, demands, liability, suits, actions, costs or expenses are caused by Indemnitees’ active negligence, willful misconduct, criminal acts, or for defects in design furnished by the Indemnitees. Contractor waives any and all rights to any type of express or implied indemnity against Indemnitees. This indemnity shall survive termination or Acceptance of the Agreement. Any person, firm or corporation that Contractor authorizes to work on the city’s property, including Subcontractors, shall be deemed to be an agent of the Contractor for purposes herein, shall be subject to all the applicable terms herein, and shall be within the scope of Contractor’s Indemnity obligation described herein. 6-05. Protection of Persons and Property. The Contractor shall assume all responsibility for public safety during performance of the Work, and all costs arising therefrom shall be included in the Contract Price. Whenever the Contractor’s operations create a condition hazardous to traffic or to the public, it shall furnish such, erect and maintain, at its expense, such fences, signs and other devises, and take such other protective measures as are necessary to prevent accidents or damage or injury to the public. The Contractor shall establish the pedestrian detours with comparable lighting to the original pedestrian areas. The Contractor shall arrange for such flaggers as are necessary to give adequate warning to traffic or to the public of any dangerous conditions affecting traffic. For Page 194 of 500 {00245263.1} 19 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract Work in a public right-of-way, the Contractor shall comply with the rules and regulations of the State, County, or local entity, including the City, that owns that right-of-way. The Contractor shall promptly and fully comply with and carry out, and shall without separate charge therefor to the City, all safety and first aid requirements prescribed by all applicable Federal, State and local laws and regulations, rules and orders. The Work shall be done in a safe manner; and Contractor shall safeguard the safety and health of its employees, Subcontractors, and the people of local communities. Contractor shall also be responsible for ensuring that its Subcontractors comply with the provisions of this section. Upon the failure of the Contractor to comply with any of the requirements of this section, the City shall have the authority, but not the duty, to stop the Work until such failure is remedied. Contractor shall not be entitled to an adjustment of the Contract Time or an increase in the Contract Price due to any such suspensions. When required by the Contract Documents, the Contractor shall construct, maintain and remove detours for the use of public traffic, without additional cost to the City. The failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the work until such detours are in satisfactory condition for use by public traffic. Due care shall be exercised to avoid injury to existing improvements or facilities, utility facilities, adjacent property and trees, shrubs and other plants that are not to be removed. Trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines, sewer and waterlines, highway facilities, and any other improvements or facilities, under or above ground, that are within or adjacent to the work limit line shall be protected from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored at the Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work site, or as good as required by the Contract Documents if any such objects are a part of the Work. The City may make or cause to be made such temporary repairs as are necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor, and the costs may be deducted from any monies due or to become due to the Contractor under the Agreement. 6-06. Hazardous Chemicals and Wastes. The Contractor shall bear full and exclusive responsibility for any release of hazardous or non-hazardous chemicals or substances during the course of the Work. The Contractor shall immediately report any such release to the City. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limit, payment of any fines or penalties levied against the City by any agency as a result of such release and shall hold harmless, indemnify and defend the City from any claims arising from such release. For purposes of this section only, the term “claims” shall include: 1. All notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees or charges imposed by any governmental agency with jurisdiction, and 2. Any claim, cause of action, or administrative or judicial proceeding brought against the City, its directors, employees, and agents for any loss, cost (including reasonable attorney’s fees), damage or liability, sustained or suffered by any person or entity, including the City. If the performance of the Work creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state and local laws, at the expense of the Contractor. The Contractor shall dispose of the wastes under its own EPA Generator Number. In no event shall the City be identified as the generator. The Contractor shall notify the City of any such hazardous wastes and the City reserves the right to a copy of the results of any tests conducted on the wastes and, at its cost, to perform additional tests or examine those wastes, prior to its disposition. The Contractor shall hold harmless, indemnify and defend the City from any claims arising from the disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by Contractor. Disposal of all Hazardous Materials must be done in accordance with all laws and regulations. Copies of a required regulatory documentation including copies of final manifests shall be supplied to the City. Page 195 of 500 {00245263.1} 20 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract 6-07. Protection of City Against Patent Claims. The Contractor shall assume all costs arising from the use of patented materials, devices or processes, used on or incorporated in the Work and shall indemnify and save harmless the City, together with all of its officers, agents, servants and employees from all suits at law, or actions of every nature for, or on account of the use of patented materials, equipment, devices, processes. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or costs. In the event such materials, equipment, devices or processes are held to constitute an infringement and their used enjoined, the Contractor, at its expense shall: 1. Secure for the City the right to continue using said materials, equipment, devices or processes by suspension of the injunction or by procuring a license or licenses, or 2. Replace such materials, equipment, devices or processes, or 3. Modify them so that they become non-infringing or remove the enjoined materials, equipment, devices, or processes and refund the sums paid therefor without prejudice to any other rights of the City. 6-08. Protection of Contractor's Work Property. The Contractor shall protect its work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under its control, until the completion and Acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor. 6-09. Regulations, Permits and Licenses. The Contractor acknowledges and agrees that, prior to submission to its bid for the work, it fully familiarized itself with the requirements of all federal, state, county, and municipal laws, codes, rules, and regulations, as well as the conditions of any required licenses and permits. The Contractor shall secure for all permits and licenses, including any applicable building permits (except those procured by the City), pay all charges and fees, and give all required notices necessary and incidental to the prosecution of the Work. Contractor shall be responsible for applying, paying all fees, and coordination for obtaining all permits for completion of the work. The contractor and any Subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. The Environmental Quality Act (Public Resources Code, Section 21000 to 21176) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from State, the City, or other local agencies in connection with performing the Work. The Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations, and all permits, licenses and other authorizations shall be obtained in sufficient time to prevent delays to the Work. 6-10. Construction Utilities. The Contractor shall be responsible for providing all necessary utilities, including but not limited special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, and shall be responsible for payment of the same. For temporary utility services, the Contractor shall make its own arrangements with utility companies and pay all costs of these services directly to these utility organizations. 6-11. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 or otherwise shall not relieve the Contractor of any responsibility for errors therein and is not assumption of risk or liability by the City or any officer or employee thereof. The Contractor shall have no claim on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, at Contractor’s sole responsibility and risk, the plan or method proposed by Contractor. 6-12. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof. Page 196 of 500 {00245263.1} 21 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract 6-13. Subcontracting. The Contractor shall give its personal attention to the fulfillment of the Contract Documents and shall keep all Work under its control. Nothing in the Contract Documents shall create any contractual relationship between the City and any subcontractor. The Contractor is fully responsible to the City for the acts and omissions of its Subcontractors of any tier. When a portion of the Work, which has been subcontracted by the Contractor, is not being prosecuted in a manner satisfactory to the City, the Subcontractor shall be removed immediately upon the request of the City, and shall not again be employed with respect to the Work. All requested substitutions of Subcontractors listed in the Contractor’s Bid shall comply with Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 to 4114, inclusive). The on-site production of materials produced by other than the Contractor’s own forces shall be considered as subcontracted. The erection, establishment or reopening of on-site plants for production of materials and the operation thereof in the production of materials for use on the Work shall conform to the requirements relating to labor set forth in the Contract Documents. The Contractor shall be responsible for coordinating the work performed by Subcontractors and Suppliers. The Contractor shall pay any Subcontractors approved by the City for work that has been satisfactorily performed no later than ten (10) days from the date of Contractor’s receipt of progress payments by the City. Within seven (7) days after receipt from the City of funds attributable to work performed by a Subcontractor, Contractor shall release any retainage payments withheld to the Subcontractor. In the event the Contractor does not make progress payments or release retentions to the Subcontractors in accordance with the time period(s) specified herein, the Contractor may be subject to prompt payment penalties per statute. 6-14. Lines and Grades. The Contractor shall perform all construction staking using a land surveyor licensed in the State of California. The Contractor shall provide a staking plan prior to commencement of the Work for the City’s review, shall preserve and maintain monuments, bench marks, reference points and stakes, and shall update the plan as necessary. The Engineer may verify the field condition. In case of destruction, the Contractor shall replace all monuments, stakes, reference points and bench marks and the Contractor shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Errors or inconsistences in the Contract Documents discovered by the Contractor shall be reported to the Engineer within 24 hours and prior to construction forms or related improvements. Any work installed without this requirements shall be subject to removal and replacement at the Contractor’s expense. 6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the Work, without delay, all rejected materials or structures brought to or incorporated in the Work. If the Contractor fails to do so, or to make satisfactory progress in doing so within forty-eight (48) hours after the service of a written notice from the Engineer, the rejected material or work may be removed by the City and the City may deduct the cost of such removal from any payments that are due or may become due to the Contractor. Contractor shall not use any such rejected material in the performance of the Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to its compliance with such requirements. 6-17. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workers who may be employed by the City on any work in the vicinity of the Work to be done under this contract with the work of such contractors or workers. The Contractor shall make good promptly, at its own expense, any injury or damage that may be sustained by other contractors or employees of the City caused by Contractor. Page 197 of 500 {00245263.1} 22 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract Any difference or conflict which may arise between the Contractor and other contractors, or between the Contractor and workers of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-18. Removal of Unsatisfactory Employees. The Contractor and Contractor’s Subcontractors shall, on the site of the Work, employ only such competent persons skilled in their respective lines of work. Whenever the Engineer notifies the Contractor that any person employed by or representing Contractor or any Subcontractor on the Work is, in the Engineer’s opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to or otherwise threatens or abuses any City employee or representative or nay member of the public, or is otherwise unsatisfactory, Contractor shall remove or require its Subcontractor to remove the person from the Work and shall not return that person to the Work except with the consent of the Engineer. 6-19. Labor Code Requirements. At its own expense, the Contractor shall comply with all laws, rules, and regulations that pertain to Contractor’s work force. Attention is directed to the following requirements of the California Labor Code. 1. Hours of Labor. Eight hours labor constitutes a legal day's work. The Contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the Agreement is made or awarded, forfeit $25 for each worker employed in the performance of the Agreement by the Contractor or any subcontractor under Contractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of the Labor Code Section 1813. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of the Labor Code and notwithstanding any stipulation inserted in any contract pursuant to the requirements of these sections, work performed by employees of the Contractor or subcontractor in excess of 8 hours per day and 40 hours during any one week shall be permitted upon compensation for all hours worked in excess of 8 hours per day and in excess of 40 hours during any one week at not less than 1½ times the basic rate of pay, as provided for in Section 1815. In addition, contractor/subcontractor may be required to pay double the basic rate of pay for all hours worked in excess of 12 hours in any workday and under other circumstances. (See California Code of Regulations sections 16100(c)(6), 16200(a)(3)(F) and applicable prevailing wage determinations.) 2. Labor Non-Discrimination. Section 1735 of the Labor Code states that the Contractor shall not discriminate in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status of such persons, except as provided in Section 12940 of the Government Code. 3. Payroll Records. The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for compliance with these provisions by its subcontractors. a. The Contractor and each subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that is made under penalty of perjury, stating both of the following: i. The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. b. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: Page 198 of 500 {00245263.1} 23 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. ii. A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement of the Department of Industrial Relations. iii. A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof. However, a request by the public shall be made through either the City, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (ii), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractor and the entity through which the request was made. The public may not be given access to the records at the principal office of the Contractor. c. Unless required to be furnished directly to the labor Commissioner in accordance with paragraph (iii) of subdivision (a) of section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division. The payroll records may consist of printout of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a). d. Contractor and each subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. e. Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the City or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft- Hartley trust fund (29 U.S.C. Sec. 186 c(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual’s full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual’s social security number. f. i. Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records of certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individuals’ name, address, and social security number. ii. An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision. g. Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, Page 199 of 500 {00245263.1} 24 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract within five working days, provide a notice of a change of location and address. h. The Contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period he or she shall, as penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. i. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. j. The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. k. The director shall adopt rules consistent with the California Public Records act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (title 1.8 (commencing with section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. 4. Apprentices. The Contractor shall fully comply with the requirements of Sections 1777.5 and 1777.6 of the California Labor Code and the regulations of the California Apprenticeship Council. In accordance with Section 1777.5, the Contractor shall secure the necessary certificates and shall contribute to the apprenticeship fund or funds, as provided for therein. The Contractor shall require each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work to comply fully with Sections 1777.5 and 1777.6 of the Labor Code. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the State Division of Apprenticeship Standards and its branch offices. 6-20. Prevailing Wages. 1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. This Agreement may be subject to both federal and state prevailing wage laws. The federal requirements (Davis-Bacon Act) will be provided if applicable. The state requirements are set forth herein. To the extent the contract provisions required by the Federal and State law are inconsistent, the Contractor is responsible for complying with the more comprehensive or strict requirements. 2. The Contractor and any Subcontractor shall comply with the California Labor Code Sections 1774 and 1775. In accordance with said Section 1775, Contractor and any subcontractor under Contractor shall forfeit as a penalty to the state or the City not more than $200 for each calendar day or portion thereof, for each worker paid less than the prevailing rate as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for under the Contract by the Contractor or, except as provided in Subdivision (3), below, by any subcontractor under the Contractor. The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following: (i) whether the failure to pay the correct rate of per diem wages was due a good-faith mistake, and, if so, the error was promptly and voluntarily corrected when brought to the attention of the Contractor or subcontractor; and (ii) whether the Contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations. The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the Contractor or subcontractor to pay Page 200 of 500 {00245263.1} 25 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the Contractor or subcontractor. The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. If the amount due under this section is collected from the Contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section. The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion. In addition to said penalty, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less that the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor. 3. If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable for any penalties described above unless the Contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the Contractor fails to comply with all of the following requirements: (a) The contract executed between the Contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1776, 1777.5, 1813, and 1815 of the Labor Code. (b) The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (c) Upon becoming aware of the subcontractor’s failure to pay his or her workers the specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public work project. (d) Prior to making final payment to the subcontractor for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amount due pursuant to 1813 of the Labor Code. 4. Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate per diem wages. 5. Pursuant to the provisions of Section 1773 of the Labor Code, the City has obtained the general prevailing rate of wages applicable to categories of workers the City anticipates will be utilized for this project for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workers concerned, or if no collective bargaining applies, those holidays identified in Government Code Section 6700. Prevailing wage rates for this project are available at the Financial Services Manager’s office, located at 411 West Clay Street, Ukiah, CA 95482. In the event that the Contractor intends to utilize categories of workers different from, or in addition to, those anticipated by the City, it shall be Contractor’s responsibility to bring such categories of workers to the City’s attention Page 201 of 500 {00245263.1} 26 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract immediately, and to obtain the appropriate wage rate from the Department of Industrial Relations (with the City’s assistance if necessary). (See Title 8 California Code of Regulations Section 16202.) The Contractor shall post general prevailing wage rates at a prominent place at the site of the work. 6. Pursuant to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 16204, changes in general prevailing wage determinations shall apply to the project only if issued by the Director of Industrial Relations prior to the City’s bid issuance date. 7. City will not recognize any claim for additional compensation based on the payment by the Contractor of any increased wage rate required during the term of the Agreement to the state prevailing wage rate, or the federal minimum wage rate. The possibility of wage increases during the course of the Agreement is one of the elements to be considered by the Contractor in determining the bid and any such wage increases will not, under any circumstances, be considered as the basis for a claim against the City. 8. When both California and Federal prevailing wage rates apply, the Contractor and any subcontractors shall pay their workers the higher of the two rates. The Contractor and any subcontractors shall insert this clause in any lower tier contract. 9. Pursuant to Labor Code Section 1771.1(b), notice is hereby given that a contractor or subcontractor shall not be qualified to bid on, be listed on a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720, et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. 6-21. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash, debris, garbage, or waste material, but shall maintain the site in a neat, orderly, safe and healthful condition until completion and Acceptance of the Work. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal. Before final inspection of the Work, the Contractor shall clean the work site and all ground occupied by Contractor in connection with the Work of all rubbish, excess materials, falsework and temporary structures and equipment. All parts of the Work shall be left in a neat and presentable condition. Contractor shall implement a program of proper cleaning and “housekeeping” practices, employee training and other measures as needed to consistently maintain a clean Work site and shall at all times take all measures necessary to protect work in place and materials and equipment stored on site from contamination by dust, dirt, debris or mold. Full compensation for cleaning up and protection of work, materials and equipment is included in the prices paid for the various Contract items of work, and no separate or additional payment shall be made for cleaning up and protection of work, materials and equipment. 6-22. Disposal of Material Outside the Work Site. Unless otherwise stated elsewhere in the Contract Documents, the Contractor shall, at its own cost and expense, make its own arrangements for disposing of materials outside the work site. When any material is to be disposed of outside the work site, the Contractor shall first obtain written permission from the City to dispose of the material at the intended location. The City’s approval will be contingent upon Contractor obtaining a written permit from the property owner on whose property the disposal is to be made. Prior to the disposal of any material at the intended location, Contractor shall submit said permit or a certified copy thereof to the City, together with a written release from the property owner absolving the City from any and all responsibility related to the disposal of material on said property. Disposal of all Hazardous Materials must be done in accordance with all laws and regulations. Copies of a required regulatory documentation including copies of final manifests shall be supplied to the City. Page 202 of 500 {00245263.1} 27 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract 6-23. Guaranty of Work. Notwithstanding inspections and Acceptance by the City of Work furnished under the Contract Documents, the Contractor warrants that all materials and equipment furnished will be of good quality and new, that the Work will be free of defects in material or workmanship, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not property approved and authorized, may be considered defective. This warranty by the Contractor is in addition to any warranties or guarantees required elsewhere in the Contract Documents. This warranty shall be in effect notwithstanding any disclaimers, or limiting or conditional terms contained in such separate warranties furnished by manufacturers or suppliers. The Contractor agrees to correct all defective Work discovered by the City during a period of one year from the date of acceptance of the Agreement by the City or Relief from Maintenance, whichever occurs first, or for such periods of time as set forth elsewhere in the Contract Documents. In addition to making corrections, repairs and/or replacements of any defective Work, Contractor shall correct, repair and/or replace any components of the Work that are damaged as a result of such defective materials, equipment and/or workmanship. Such corrective work shall be at the sole expense of the Contractor and shall be performed in a timely manner at the reasonable convenience of the City. The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or its agent, the Contractor shall neglect to commence to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof. Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 10 percent of the final Contract Price, which shall be effective for a period of one (1) year after the completion and Acceptance of the work. All warranties set forth in the Contract Documents shall be deemed cumulative and not alternative or exclusive. Nothing contained in this Section shall be construed to establish a period of limitation with respect to any other obligation, which Contractor has under the Contract Documents or under any separate warranty or guaranty required thereby. The establishment of a specific warranty period relates only to the specific obligation of Contractor to correct defective Work, and it has no relationship to the time within which its obligation to comply with the Contract Documents or applicable provision of law may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the Work. Without limiting the foregoing, it is understood and agreed that Contractor shall remain responsible for latent defects with its work, regardless of the expiration of any warranty period set forth in the Contract Documents. 6-24. Payment of Taxes. Contractor shall pay all taxes and duties applicable to and assessable against any Work, equipment, materials, services, processes, and operations incidental to or involved in the Agreement, including but not limited to, retail sales and use, transportation, export, import, business, and special taxes. The Contractor is responsible for ascertaining and acquainting itself with such taxes and making all necessary arrangements to pay them. The Contractor will maintain records that are auditable records, and these records shall be subject to the City’s review to verify that Contractor’s tax payments are current at all times. The Contract Price shall include full compensation for all taxes, which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate or any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Agreement. The Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether Federal, State or local, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws. Page 203 of 500 {00245263.1} 28 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY 7-01. Personal Liability. Neither the City’s Council members, City Manager, Officers, Agents, Representatives, nor Employees shall be personally responsible for any liability arising under or by virtue of this Agreement. 7-02. Authority of the Engineer. The City has the final authority in all matters affecting the Work covered by the Contract Documents. With respect to Contractor’s performance of the Work, the Engineer shall have the authority to enforce compliance with the Contract Documents. In accordance with the Contract Documents, the Contractor shall promptly comply with all instructions from the Engineer, and the Engineer shall have the authority to enforce and make effective such decisions and orders in the even the Contractor fails to promptly carry out the same. The Engineer’s estimate and decision in all matters shall be final and binding, and shall be a condition precedent to any payment under the Contract Documents. 7-03. Inspection. The City and all of its representatives, including but not limited to the Engineer, shall at all times have safe access to the Work and shall be furnished with every reasonable facility for ascertaining that the workmanship and materials are in accordance with the requirements and intentions of the Contract Documents. All Work done and all materials furnished shall be subject to the Engineer’s on-site and off-site observation. Contractor shall give notice not less than three (3) working days in advance of the beginning of the work on any such material or of the beginning of any such test to allow the Engineer to make arrangements for inspecting and testing or witnessing the inspection or testing, if such inspection and testing or witnessing are deemed beneficial by the Engineer or are required by the Contract. The observation and/or approvals of the workmanship or materials by the Engineer shall not relieve the Contractor of any obligation to fulfill the requirements of the Contract documents. Workmanship and materials not meeting such requirements shall be corrected, and unsuitable Work or material may be rejected, notwithstanding that such Work or materials have been previously observed and/or approved by the City, or that payment therefor has been included in a progress estimate. If the Engineer considers it proper and practicable, the Engineer will, at the written request of Contractor, cause materials intended for use in the Work to be inspected at the point of production or manufacture. The Engineer may at any time cause such an inspection, however, it will not be undertaken until the Engineer is assured of the cooperation and assistance of both Contractor and the material producer. The Engineer or the Engineer’s authorized representative(s) will have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. Notwithstanding the foregoing, the City shall have no obligation to inspect materials at the source of supply. Unless authorized by the Engineer, any work done in the absence of an Inspector that is completed or in progress shall be subject to inspection. If required by the Engineer, Contractor shall furnish all tools, labor, materials, and other facilities necessary to make such inspection, even to the extent of uncovering or taking down portions of the finished work. Contractor shall pay the cost of such inspection and removing any defective work and performing any necessary reconstruction. The Engineer may order re-examination of questioned Work at any time before final Acceptance. If so ordered, the Contractor shall uncover the Work. If such work is found to be in accordance with the Contract Documents, the City will pay for the cost of uncovering, removing, recovering and replacing the parts removed; but if such Work so exposed or examined is not in accordance with the Contract Documents, the uncovering, removal, recovering and replacement shall be at the Contractor's expense. Work that has been covered prior to observation by the City, does not qualify as re-examined work; the City may order such work uncovered for observation without payment of any costs. 7-04. Rights-of-Way. To the extent indicated in the Contract Plans, the City will provide the rights-of-way over private lands or the site to enable the Contractor to perform its work. Contractor shall be solely responsible for securing any additional rights-of-way desired by the Contractor. The City will not be a party to nor assume any liability for any separate agreements reached between Contractor and any third parties with respect to these additional rights-of-way. The Contractor shall produce evidence that agreements are in place with said third parties Page 204 of 500 {00245263.1} 29 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract before the Contractor uses those areas covered by the agreements. Any damage to such private lands caused by Contractor’s operations shall be the sole responsibility of Contractor. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Contract Documents, and if the defect is not of sufficient magnitude or importance to make the Work or any portion of the Work dangerous or undesirable, the Engineer may, but is not obligated to, retain such work instead of requiring the work to be removed and reconstructed. The Engineer may make such deduction from the payments due or to become due the Contractor as may be determined appropriate by the Engineer to account for the defect or pay the City’s costs of removal and reconstruction. 7-06. Changes in the Work. The City, without invalidating this Agreement and without notice to Contractor's surety, may order changes in the Work, consisting of additions, deletions, or other revisions. The Contract Price and the Contract Time shall be adjusted accordingly. All such changes in the Work, including changes in the Contract Price and the Contract Time, shall be authorized only by Contract Change Order, signed by the City. If Contractor claims that performance of any work entitles it to additional compensation or to an extension of the time for performance of the Work, Contractor shall provide written notice to the City of any such claim prior to undertaking such work. Contractor shall provide written notice of any anticipated impacts to the Contract Price or Contract Time within three (3) days of discovering such impact, by submitting the Notice of Potential Claim described in Section 11-02, below, or notice of delay as described in Section 9-02, below. If the City refuses to issue a Change Order for such work, Contractor shall perform that work if directed or obligated to do so and shall submit a complete and specific claim for additional compensation and/or extension of the time for performance within fifteen (15) days after such work is performed. Failure to provide written notice of claim prior to undertaking such work, or failure to submit timely a complete and specific claim for additional compensation and/or extension of the time for performance, shall be deemed a waiver and abandonment of any such claim. No claim, dispute or controversy shall interfere with the progress or performance of the Work and Contractor shall proceed with the Work as directed by the City. Failure to so proceed shall amount to a default under this Agreement. Any changes will be set forth in a written Contract Change Order issued by the City. The Contract Change Order will specify: (1) the Work to be done in connection with the change to be made; (2) the amount, if any, of the adjustment of the Contract Price, and the basis for compensation for the changed work ordered; and (3) The extent of the adjustment in the Contract Time, if any. A Contract Change Order shall not become effective until an authorized representative of the City has signed it. Upon receipt of an approved Contract Change Order, the Contractor shall promptly proceed with the ordered work, unless otherwise provided in the approved Contract Change Order, or unless Contractor was previously directed to perform the work, in which case Contractor will track the work as provided in the Section 10-09 below. A Contract Change Order signed by both parties is an “executed Contract Change Order.” By signing the Contract Change Order, the Contractor agrees that the specified compensation constitutes full compensation for the changed Work, including payment for interruption, disruption, acceleration, extended overhead, delay or any other "impact" claim or "ripple effect" claim. Contractor specifically understands and agrees that its execution of the Contract Change Order shall constitute a waiver of any right for Contractor to claim any additional compensation with respect to the subject matter of the Contract Change Order. Adjustments to the Contract Price shall be determined as provided for in section 10-08 of these Special Provisions and Adjustments to the Contract Time shall be determined as provided in Section 9-02 of these Special Provisions. Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Differing Site Conditions. No later than twenty-four (24) hours of discovery of any purported differing site conditions and before such conditions are disturbed, the Contractor shall notify the City in writing of: (1) material that the Contractor believes may be hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law, (2) subsurface or latent physical conditions at the site differing materially from information made Page 205 of 500 {00245263.1} 30 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract available to the Contractor before the submission of its bid, or (3) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. In the event conditions as described in (1), (2) or (3) above are discovered, the Contractor shall continue to diligently prosecute the work in the other portions of the site not affected by such conditions. The Contractor shall also use its best efforts to prevent and/or minimize delays or disruptions to the affected portions of the work. The City will promptly investigate the purported differing site conditions. If the City finds that such conditions do materially differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work under this Agreement, an equitable adjustment shall be made and the Agreement will be modified in accordance with the Change Order procedures set forth herein. In the event of any dispute between the City and the Contractor over the significance or existence of the changed conditions, the Contractor shall not be excused from the scheduled completion date set forth herein, but shall retain such rights as provided elsewhere in these Contract Documents. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required by this Section. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Agreement. 7-08. Additional Drawings by City. In addition to these drawings made part of this Contract at the time of execution, but incorporation or reference, the Engineer may furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions, Contract Drawings, or other Contract Documents and the Contractor shall make its work conform to all such drawings. 7-09. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the Work, or of adjacent structures or property and immediate action is necessary in order to protect the public, any person or any property or property interest (“emergency work”), the Engineer, with or without notice to the Contractor may, but is not obligated to, take such action to obtain or provide for such work or material as the Engineer may consider necessary and adequate to furnish such protection. The City’s cost to perform, obtain or provide such action, work and material so furnished shall be paid by the Contractor and may be deducted by the City from any payment due or to become due to the Contractor. The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from its responsibility or liability for any damages which may occur during or after any actions have been taken by the Engineer. 7-10. Suspension of the Work. If the Contractor fails to promptly correct Work that is not in accordance with the requirements of the Contract Documents or persistently fails to carry out Work in accordance with the Contract Documents, the City may, in writing, order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The Contractor shall immediately comply with the City’s written order to stop the Work. Contractor shall resume Work as and when ordered to do so by the City. Any stoppage of the Work under this section shall be at Contractor’s expense, and Contractor shall have no claim against the City based on Contractor’s failure to perform the Work in accordance with the Contract Documents. In addition to the City’s right to stop Work, the City may order Contractor to submit to the City, at no additional cost to the City, additional information concerning Contractor’s planned Work if Contractor fails to promptly correct Work that is not in accordance with the requirements of the Contract Documents or persistently fails to carry out Work in accordance with the Contract Documents. The additional information ordered by the City may include, but is not limited to, preparation of submittals or Working Drawings not otherwise required to be submitted under the Contract Documents. In the event the City discovers that the Contractor has created an unsafe condition, the City may arrange for other work forces to remedy the condition. (Such remedial Work will be at the sole discretion of the City.) If this action is required, the City may unilaterally terminate Work under the Agreement, and will pay only for the quantities of Work Page 206 of 500 {00245263.1} 31 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract actually performed, less the cost of the City’s remedial Work. In the event that Work is not halted, the Contractor must take immediate steps to correct the situation. There will be no extra payment for Work required to correct unsafe conditions. The right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. This right shall be in addition to and not in restriction or derogation of the City’s other rights under the Contract Documents. The City’s right to stop the Work shall not relieve the Contractor of any of its responsibilities under or pursuant to the Contract Documents. 7-11. Termination of the Contract for Cause. An “Event of Default” as referred to in this section shall occur if the Contractor: 1. Fails to maintain progress of the Work in accordance with the requirements of the Contract Documents; or 2. Fails to prosecute the Work or any of its components in accordance with the Contract Documents; or 3. Persistently or repeatedly fails or refuses to supply sufficient properly skilled workers or proper material to permit the performance of the Work in accordance with the Contract Documents; or 4. Fails to make prompt payment to Subcontractors or Suppliers in accordance with the respective agreements between the Contractor and Subcontractor and Contractor and Supplier; or 5. Fails to comply with applicable laws, ordinances or rules, regulations or orders of a public authority having jurisdiction over the Work; or 6. Abandons, assigns or sublets the Agreement without approval of the City; or 7. Becomes bankrupt or is subject to appointment of a receiver on behalf of Contractor; or 8. Otherwise is guilty of a substantial breach of a provision of the Contract Documents. Upon the City’s reasonable belief that there has been an Event of Default by Contractor, the City may elect to give the Contractor written notice thereof. The Contractor thereafter shall cure the default as soon as possible and in no event after ten (10) days from Contractor’s receipt of the City’s written notice. If the Contractor does not timely cure its default, the City may, without waiver of any of its other rights and remedies, elect to terminate the Agreement, or portion thereof. Upon the City's election to terminate the Agreement, or portion thereof, the City shall have the right to complete the Work, or the portion involved, by whatever means and methods it deems expedient, including the hiring of others on such terms as the City deems advisable. The City shall have the right to take possession of the Contractor's materials, plant, tools, equipment and property of any kind provided by or on behalf of the Contractor for the purpose of the Work, or a portion of them, without being responsible to the Contractor for fair wear and tear. The Contractor shall have no rights in such property during its use by the City. The City shall not be required to obtain the lowest prices for completing the Work or a portion of it but shall make such expenditures as, in the City's sole judgment, best accomplish such completion. The expense of completing such Work or portion thereof, together with a reasonable charge for engineering, managerial and administrative services, as certified by the City, shall be charged to the Contractor, and the expense so charged shall be deducted by the City out of such monies as may be due or may at any time thereafter become due to the Contractor. In case such expense is more than the sum which otherwise would have been payable to the Contractor under the Agreement, then the Contractor or its surety or sureties shall promptly pay the amount of such excess so due. When the City terminates the Agreement under this section, the Contractor shall not be entitled to receive any further payments until the Work is completed and there has been a final settlement of costs of completing the Work covered by such notice of default. Page 207 of 500 {00245263.1} 32 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract The City will issue to the Contractor a written notice specifying that the Agreement, or portion thereof, is terminated. Upon receipt of said written notice and, except as otherwise directed in writing by the City, the Contractor shall: 1. Stop all Work under the Agreement; or if partial termination, stop Work relating to the terminated portion of the Agreement; 2. Perform Work the City deems necessary to secure the work site for termination including measures to leave the worksite in a safe condition. 3. Remove equipment from the site of Work, as specified by the City. 4. Take such action as is reasonably necessary to protect materials from damage. 5. Notify all Subcontractors and Suppliers that the Agreement or portion thereof is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the City. 6. Provide the City with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the City may request; 7. Dispose of materials not used in the Work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City (a) with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made by the City and (b) with bills of sale or other documents of title for such materials; 8. Subject to the prior written approval of the City, settle all outstanding liabilities and all claims arising out of Subcontracts or orders for materials terminated hereunder. To the extent directed by the City, the Contractor shall assign to the City all rights, title and interests of the Contractor under subcontracts or orders for materials terminated hereunder. The City shall be at liberty to negotiate with and engage any Subcontractors who had contracted with Contractor for the Work. 9. Furnish the City with the documentation required to be furnished by the Contractor under the provisions of the Contract Documents, including, on projects as to which federal funds are involved, all documentation required under the federal requirements included in the Agreement; and 10. Take such other actions as the City may direct. If only a portion of the Work has been terminated, Contractor shall perform the remainder of the Work in conformity with the Contract Documents and in such a manner as not to interfere with the City or others in their performance and completion of the portion of the Work which was terminated. The City may recover from Contractor the amount of any loss or damage, including consequential damages, suffered or incurred as a result of Contractor’s default. 7-12. Termination for Convenience of the City. The City may terminate the Agreement, in whole or in part, at any time and for any reason, whenever the City shall determine that such termination is in the best interests of the City. Any termination which is not based on the circumstances set forth in Section 7-10 above shall be effected by delivery to the Contractor of a notice of termination specifying the extent to which performance of Work under the Agreement is terminated, and the date upon which such termination becomes effective. In such event, Contractor shall be paid for all actual substantiated direct costs of materials furnished and Work performed up to the date of termination plus the markup allowed on labor, equipment, and materials as provided in the Force Account Provisions, herein. Upon Contractor's receipt of a written notice of termination for convenience, the Contractor shall cease Work as to those portions of the project so terminated and shall undertake the steps outlined in Section 7-10 above. Page 208 of 500 {00245263.1} 33 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract In the event that the City terminates this Agreement under Section 7-10 above and it is determined for any reason that there was not sufficient cause to do so, the City's termination automatically will convert to a termination for convenience under this Section and the terms and conditions outlined in this Section automatically will be applied to effectuate the Agreement termination. Thus, damages to which a Contractor may be entitled as a result of an improper default termination will be limited to the amounts provided for in this section. SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT 8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved. Work shall be done and completed in a thorough and workmanlike manner. 8-02. Materials and Equipment Specified by Name. For convenience in designation in the Contract Documents, certain articles or materials to be incorporated in the Work may be designated under a trade name or the name of a manufacturer and its catalog information. Except in those instances where the product is designated to match others in use in a particular improvement, either completed or in the course of completion, the use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements: 1. The Contractor shall submit its request in writing for an alternative article or material. Such request shall be made in ample time to permit review and approval without delaying the Work. Contractor shall not be entitled to an adjustment of the Contract Time or an increase in the Contract Price based on any Contractor-proposed substitution. 2. No such request will be considered unless accompanied by complete information and descriptive data necessary to determine whether the offered materials, articles, or equipment is equal to the specification in the Contract Documents. Samples shall be provided when requested by the City. The Contractor shall satisfy the City as to the equal quality, suitability or performance of the offered materials, articles or equipment. In the event that the City rejects the use of such alternative materials, articles or equipment, then one of the particular products designated by brand name will be furnished. 3. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, and it shall furnish all information necessary as required by the City. The City shall be the sole judge as to the quality and suitability of alternative articles or materials and its decisions shall be final. Where use of an alternative material involves redesign of, or changes to, other parts of the Work, the cost and the time required to effect such redesign or changes will be considered in evaluating the suitability of the alternative material. Cost of redesign by the City will be borne by the Contractor. 4. Whenever classification, rating or other certification by a body such as UL or NEMA is a part of the specification for any material, Contractor’s request for use of alternative articles or materials shall be accompanied by reports from the listed or equivalent independent testing laboratory indicating compliance with the Contract Documents. The cost of all testing required to prove equality of the material proposed shall be borne by the Contractor. Approval of an alternative shall be only for the characteristics or use named in such approval, and shall not be used to change or modify any requirement of the Contract Documents. 8-03. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. The Engineer may require Contractor to provide information on the source of supply of materials for the Work and may require that the Engineer’s approval be obtained prior to Contractor securing any or all materials. The Engineer may require Contractor to submit representative samples of materials for inspection and testing by City. Even though a source of supply has been approved, the approval shall not prevent subsequent disapproval or rejection of materials, if the quality of the product or material is later determined to be below the standard or requirements set by any of the Contract Documents Page 209 of 500 {00245263.1} 34 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract 8-04. Storage of Materials. All Materials shall be delivered, stored, and handled in a manner that protects them from damage, moisture, dirt, and intrusion of foreign materials. Ordering and delivery of materials should be planned according to the work progress to minimize storage on site, where there are higher possibilities of damages and deterioration of materials. Materials delivered should be checked against the specifications and approved samples. 8-05. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of the Contract Documents. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with the Engineer’s approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Contractor’s Working Drawings shall be subject to approval insofar as the details affect the character of the finished Work and for compliance with design requirements applicable to the construction when specified or called for, but details of the design will be left to the Contractor who shall be responsible for the successful construction of the Work. The Engineer shall approve working Drawings before any Work involving such drawings is performed. It is expressly understood that approval of the Working Drawings shall not relieve the Contractor of any of its responsibility under the Agreement of its obligations under the Contract Documents. When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources. All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material. SECTION 9. PROSECUTION OF WORK 9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of its methods of execution of the Work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, the Engineer may order the Contractor to increase or improve its facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from its obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of its plant, equipment and methods. 9-02. Beginning of Work. After execution of the Agreement by both parties, the City will issue a Notice to Proceed upon its determination that it is appropriate for the Contract Time to commence. Within fifteen (15) days after the effective date contained in the Notice to Proceed, and subject to the requirements stated elsewhere in the Contract Documents regarding, among other things, the submittal of a Construction Schedule, the Contractor shall commence Work at the site and shall diligently and prosecute the Work to final completion within the time limit provided in the Contract Documents. Contractor shall also achieve any and all Agreement milestones as described elsewhere in the Contract Documents. The Contractor shall notify the City, in writing, of its intent to begin Work at the site. 9-03. Delays and Extensions to the Work. Contractor must complete all Work within the time specified in the Agreement. The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any delay in substantially completing the Work (or parts thereof) Page 210 of 500 {00245263.1} 35 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract beyond the time set forth in the Agreement, provided that such delay was caused by unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include acts of public enemy, fire, floods, abnormal weather (as described below), tidal waves, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes and freight embargoes, fire, changes made pursuant to the provisions of “Changes in Work” elsewhere in the Contract Documents or acts or neglect of the City not contemplated by the Contract Documents. In all cases, any extension of time is conditioned on the following: 1. That the cause is not due to the fault or negligence of the Contractor, and the Contractor has taken reasonable precautions to prevent the delays and minimize the effects thereof; and 2. That the Contractor notifies the Engineer in writing within three (3) days from the beginning of such delay specifying the nature of the delay and the measures that have been or will be taken to prevent or minimize the delay. Failure to submit written notice within this time period shall constitute an absolute waiver of any claim for a time extension. No extension of time will be granted for a delay caused by a shortage of materials, unless the Contractor furnishes to the City documentary proof that he has diligently made every effort to obtain such materials from all known sources within reasonable reach of the work and further proof, in the form of schedule data as requested by the Engineer or as otherwise required by the Technical Specifications, that the inability to obtain such materials when originally planned did in fact cause a delay in final completion of the entire Work which could not be compensated for by revising the sequence of the Contractor’s operations. Only the physical shortage of material will be considered as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical or economical cost or price, unless it is shown to the satisfaction of the city that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and the usual practices in obtaining such quantities. The term “shortage of materials,” as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the Contract Documents or to materials, parts, articles or equipment furnished by the City. No extensions of time will be granted for delays that have no measurable impact on the completion of the Work (or parts thereof) under the Contract Documents. When extensions of time are granted, they will be limited to the period equivalent to the actual number of days lost on the critical path or controlling operations of the Construction Schedule, taking into account the extent to which that delay could be decreased by reasonable mitigation measures by the Contractor. All requests for extensions of time must be supported with a critical path analysis showing the critical path and impacts to it. Contractor’s failure to submit this analysis will be sufficient cause for denial of any request for a time extension. Within a reasonable period of time after the Contractor submits the notice and information required by this section, the City will determine whether an extension of time is justified and, if so, the number of days for the extension. Abnormal weather may be a valid basis for a time extension under the Agreement. “Abnormal weather” occurs when the number of days of rain above 0.5 inches in a 24 hour period exceeds the average for such rainfall in a particular month as determined by the National Weather Service. Contractor will only be entitled to, at most, a time extension for the number of days of rain exceeding the average for that month in the locale where the Work is to be performed. If delays are caused by Contractor or those for whom Contractor is responsible, Contractor will only be entitled to, at most, a time extension for the number of rain days exceeding the average for the month when the Work should have been performed. In addition, before a time extension may be granted for abnormal weather, Contractor must establish that the rain either significantly impacted at least sixty percent (60%) of the planned work of the controlling operations for a particular day or prohibited at least five (5) hours of work on the controlling operations planned for that day. Contractor shall employ reasonable methods to mitigate the impact of abnormal weather (i.e., dewatering, protection of site, etc.) The occurrence of rain during non-work hours or having minimal impact to work on the controlling operation shall not constitute a day of abnormal weather. Page 211 of 500 {00245263.1} 36 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract In the event that the project experiences favorable weather for a particular month (e.g., a number of actual rain days in a month less than that indicated in the above table for allowable rain days per month), the additional float resulting from such favorable weather shall accrue to the project. 9-04. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer. It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work. SECTION 10. PAYMENT 10-01. Schedule of Values. Within ten (10) days after the bid opening, but in any event prior to execution of the Agreement, the Contractor shall submit to the City a detailed Schedule of Values. Upon its approval, the Schedule of Values will form a basis for determining the compensation payable to the Contractor based on its actual progress of Work with respect to each Lump Sum Bid Item. The City, prior to any progress payment being made, must approve the Schedule of Values. At the Engineer’s discretion, the approved Schedule of Values may be used as the basis of calculating the adjustment in compensation for a Lump Sum Bid Item due to changes ordered by the City. When an ordered change increases or decreases the quantities shown in an approved Schedule of Values, at the Engineer’s discretion, the adjustment in compensation may be determined in the same manner specified for increases and decreases in the quantity of a bid item of work in accordance with Section 10-08(2). 10-02. Progress Payments. On a monthly basis, the Contractor shall submit Applications for Payment in a form approved by the City. The Contractor’s Applications shall be based on the Schedule of Values submitted with the Contractor’s bid. These applications shall be supported by (1) documentation requested by the City to substantiate the payment request; (2) statutory releases from the Contractor and all subcontractors and suppliers pursuant to Civil Code section 8132 through 8138; and (3) certified payroll records for the period for which payment is requested. Specifically, the Contractor will submit conditional waivers upon progress payment executed by all contractors and suppliers that will be receiving sums sought in the instant payment request and also submit unconditional waivers upon progress payment executed by all contractors and suppliers that have been paid to the date of het payment request. The Contractor shall certify that the Work for which payment is requested has been accomplished. When requested by the City, the Contractor shall submit receipts, invoices and other documentation that the City requires to be furnished for the purpose of evaluating the application. Pursuant to Public Contract Code Section 20104.50, the city will pay the Contractor within thirty (3) days after its receipt of an undisputed and properly submitted Application for Payment, after deducting all previous payments, retention, and other sums as described in the Contract Documents. Within seven (7) days of its receipt of Contractor’s Application for Payment, the City will determine whether it complies with the provisions of the Contract Documents. As appropriate, the City will return the application to the Contractor accompanied by a document prepared by the City setting forth the reasons for rejection. Thereafter, the Contractor shall correct and resubmit the Application for Payment. The City’s failure to timely return the application shall not be considered a breach of the Agreement. Progress payments may be withheld for Work that is not performed in accordance with the Contract Documents. The City may deduct the following from each progress payment: 1. An amount equal to one hundred percent (100%) of the amount claims under any stop payment notice or other lien filed against the Contractor, plus an amount to provide for the reasonable cost of litigation thereunder; Page 212 of 500 {00245263.1} 37 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract 2. Any liquidated damages or assessments that have accrued as of the date of het application for payment. 3. Any sums expended by the City in performing any of the Contractor’s obligations under the Agreement that the Contractor has failed to perform. 4. Any other sums that the City is entitled to recover from the Contractor under the terms of the Agreement, including damages to the City’s property. The failure of the City to deduct any of the above identified sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work satisfactorily performed and complete in place. 10-03. Retention on Progress Payments. From each progress payment estimate, five percent (5%) will be deducted and held in retention by the City, the remainder less any deductions described above will be paid to the Contractor as progress payments. Pursuant to Pubic Contract Code Section 22300, the Contractor submit securities in lieu of retention payments by the City. Upon the Contractor’s request, the City will make payment of funds withheld from progress payments, pursuant to the requirements of Public Contract Code 22300, if the Contractor deposits in escrow with the City or a bank acceptable to the City, securities eligible for investment under California Government Code section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Contractor and the City under the following conditions: 1. The Contractor shall bear the expenses of the City and the escrow agent in connection with the escrow deposit made. 2. Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to the Contractor pursuant to this section 3. The Contractor shall enter into an escrow agreement satisfactory to the City, which agreement shall be substantially similar to the form provided in California Public Contract Code Section 22300. 4. The Contractor shall obtain the written consent of the surety to such agreement. 10.04. Title. Title to Work for which progress or other payments have been made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of progress payments, full title shall pass to the City at time of delivery or completion of the Work. Work to which the City has received title by reason of progress payments shall be segregated from other Contractor and/or Subcontractor materials related to the Work and clearly identified as the City property. The title transferred as above shall in each case be good and free and clear from any and all security interests, liens, and/or other encumbrances. The Contractor shall not pledge or otherwise encumber any item in any manner that would result in any lien, security interest, charge, and/or claim against said items. The transfer of title as specified above shall not be deemed as an acceptance of the Work by the City, nor relieve the Contractor from its obligation to perform the Work in accordance with the Contract Documents. Contractor shall still be obligated to protect the work from damage until the City’s acceptance of work. 10-05. Final Inspection and Acceptance of the Work. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. When the Contractor believes that the entire Work is fully and finally complete, including the satisfactory completion of inspections, tests, and documentation specified in the Contract Documents, and the completion of all punch list and clean up items, the Contractor shall submit to the Engineer a written request for Final Acceptance within fifteen (15) days thereafter, specifying that the Work is fully and finally completed and the date on which it was completed. Within thirty (30) days after receipt of the request for Final Acceptance, the City will inspect the Work and will either: Page 213 of 500 {00245263.1} 38 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract 1. Reject the request for Final Acceptance, specifying the defective and/or uncompleted portions of the Work; or 2. Advise the Contractor that Acceptance of the project will be recommended to the City Council at the next available regularly scheduled City Council meeting and provide the Contractor with a Notice of Final Acceptance after acceptance by the City Council. If the City rejects the request for Final Acceptance, the Contractor shall promptly remedy the defective and/or uncompleted portions of het Work. Thereafter, the Contractor shall again submit a written request for Final Acceptance of the Work, specifying a new date based on the date the defective and/or uncompleted portions of the Work were corrected. Thereafter, the foregoing procedure shall apply successively until the City has verified that the Work is fully and finally completed and the City Council has accepted the project as complete. Immediately upon and after notification from the Engineer that the City shall be recommending Acceptance of the project, the Contractor will be relieved of the duty of maintaining the Work as a whole. Upon Acceptance by the City Council, the City will issue a Notice of Final Acceptance to the Contractor. All warranties commence upon Final Acceptance of the Work. The City’s Final Acceptance of the Work shall not be construed as an Acceptance by the City of any latent defects discovered with the Contractor’s Work. Furthermore, the Contractor’s obligations under Section 6-05 (Indemnification) shall remain applicable after the City’s grant of Final Acceptance of the Work. 10-06. Final Payment and Claims. Final payment will be made only after the Contractor has achieved Final Completion of the Work pursuant to Section 10-04 (Final Inspection and Acceptance of the Work). Before final payment can be made, the Contractor shall have furnished the City with the following: 1. All As-Built drawings, catalogues, instruction sheets and information as required by the Contract Documents. 2. One signed copy of the Release as discussed below in this section and on a form furnished by the City. 3. Conditional Waivers and Releases Upon Final Payment executed by the Contractor and all subcontractors and suppliers, as provided by Civil Code section 8136. Unconditional Waivers and Releases upon Final Payment, as provided in Civil Code section 8138, executed by Contractor and all subcontractors and suppliers, will be provided for all subcontractors and suppliers that have been paid in full. Contractor will submit such releases for subcontractors and suppliers that will be receiving part of the final payment within fifteen (15) days of receipt of such final payment. Within thirty (30) days of the date of the City’s Notice of Final Acceptance, the Contractor shall prepare and submit a proposed Final Invoice, showing the proposed total amount due the Contractor, segregated by Bid item quantities, Change Order Work, and other basis for payments; deductions made or to be made for prior payment; and amounts previously retained. Prior invoices and payments shall be subject to correction in the proposed Invoice for Final Payment. Payments to the Contractor will be made only for the actual quantities of the Agreement items of work constructed in accordance with the Contract Documents. Submitted with Contractor’s proposed Final Invoice shall be its final documentation with respect to any claims that the Contractor has elected to continue to pursue; if there are no such claims, Contractor shall include a statement that there are no outstanding claims regarding the Work. Contractor will have no right to pursue any claim unless Contractor has fully complied with the conditions for notice and submission of such claims as in these Contract Documents. The City will review the Contractor’s proposed Final Invoice and necessary changes or corrections will be forwarded to the Contractor. Within ten (10) days thereafter, the Contractor shall submit a revised proposed Final Invoice incorporating changes or corrections made by the City together with any new claims resulting therefrom. Upon approval by the City, the corrected proposed Final Invoice will become the approved Final Invoice. If no claims are submitted with the proposed Final Invoice, and agreements are reached on all questions regarding the proposed Final Invoice, the City in exchange for an executed release, satisfactory in form and substance to the City as provided below, will pay the entire sum found due on the approved application. However, the City will Page 214 of 500 {00245263.1} 39 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract withhold sums sufficient to pay all unsettled claims for which stop payment notices have been filed pursuant to Sections 9350 et seq. of the California Civil Code, together with the reasonable cost of any litigation thereunder. If the Contractor does submit claims with the proposed Final Invoice, then upon final determination of all the Contractor’s claims, the City will pay the entire sum found due upon the final invoice, including the amount, if any, allowed on claims, except that the City will withhold sums sufficient to pay all unsettled claims for which stop payment notices have been filed pursuant to Sections 9350 et seq. of the California Civil Code, together with the reasonable cost of any litigation thereunder. Claims filed by the Contractor shall be fully supported and made in sufficient detail to enable the City to ascertain whether the basis and amount of said claims are valid. If additional information or details are required by the City to determine the validity of the claims, Contractor shall furnish such further information or details so that the City receives the information or details no later than seven (7) days after receipt of the written request from the City. Failure to submit such information and details to the City within the time specified will be sufficient cause for denying the claim. Contractor shall maintain and submit full and complete records of the costs and additional time incurred for the work for which a claim for additional compensation is made. The City or its designated claim investigator shall have access to any additional records as may be required by the City to determine the facts and contentions involved in the claims. Failure to permit access shall be sufficient cause for denying the claims. A notarized certificate indicating the following language shall accompany claims submitted by the Contractor: Under the penalty of perjury or falsification and with specific reference to the California False Claims Act, Government Code Section 12650 et seq., the undersigned hereby certifies that the claim submitted herewith for additional compensation and time, if any, made with respect to the Work on this Agreement is a true and accurate statement of the actual costs incurred and time sought, and is fully documented and supported under the Agreement between Contractor and the City. __________________________________________________________ Name __________________________________________________________ Title __________________________________________________________ Date __________________________________________________________ Notary Failure to submit the notarized certificate will be sufficient cause for denying the claim. Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor’s cost accounting or other records shall be deemed to be damages incurred by the City and shall be to the extent allowed under the California False Claims Act or other applicable law. The release from the Contractor shall be from any and all claims arising from the Work under and in connection with the Agreement and shall release and waive any claims against the City. The release shall be accompanied by a certification by the Contractor. 1. That it has resolved any claims made by Subcontractors, Suppliers and other against the Contractor or the Project. 2. That it has no reason to believe that any party has a valid claim against the Contractor or the Project which has not been communicated in writing by the Contractor to the City with the certification; and 3. That all warranties and guarantees are in full force and effect. The release and the certification shall survive Final Payment. Page 215 of 500 {00245263.1} 40 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract Final payment will be made within thirty (30) days after receipt of an approved final invoice and other required submittals referenced above and determination of all Contractor’s claims, or sixty (60) days after Acceptance of the work by the City, whichever is later, provided, however, that if an approved final invoice has not been submitted within sixty (60) days after Acceptance of the work by the City, the City may elect to make payment of sums not in dispute without prejudice to the right of either the City or the Contractor in connection with such disputed sums. The City may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of any amount in dispute between the City and the Contractor. The making of Final Payment shall not operate to release the Contractor or its sureties from obligations arising under this Agreement, the Contract bonds and warranties as herein provided. Specifically, the making of final payment shall not constitute a waiver and release of claims by the City arising from: 1. Unsettled or future liens, 2. Failure of the Work to comply with the requirements of the Contract Documents, 3. The terms of any warranties required by or contained in the Contract Documents, 4. The right to any insurance proceeds or the right to make any insurance or bond claims, 5. Any claims with respect to Contractor’s obligation of indemnity with respect to claims asserted by third parties, or 6. Any latent deficiencies with the Work or Contractor’s fraud. 10-07. Stop Payment Notices. The City will retain and withhold from payment to the Contractor sufficient sums to cover stop payment notices filed pursuant to sections 9350 et seq. of the California Civil Code, including an amount to provide for the reasonable cost of any litigation thereunder. 10-08. Contract Price Adjustment. If a Contract Change Order provides for an adjustment to the Contract Price, the amount of such adjustment shall be determined by one of the following methods, or a combination thereof, as determined by the City and at its sole discretion: 1. Lump Sum. Contractor and the City may agree on a lump sum amount for the Change Order. At the City's request, Contractor will provide pricing for the work. 2. Unit Prices. The unit prices set forth in the Contractor’s Bidding Schedule will be utilized where they are applicable and acceptable to the City. The Contractor’s unit prices shall remain firm and shall not be subject to adjustment unless and until the actual quantity of work is increased or decreased by Contract Change Order in an amount greater than 25% from the estimated quantity indicated for such item. Unit prices for new items included in the Contract Change Order shall be as mutually agreed upon or, in the absence of agreement, as determined by the City in the same manner if the work were to be paid for on a force account basis. 3. Force Account. Where the City and Contractor are unable to agree on lump sum pricing and if the City does not elect to utilize the unit prices in Contactor's bid, or such unit prices are not applicable, the changed work will be performed and tracked by Contractor as Force Account Work as described in Section 10-09. The City will pay for such work properly attributable to the change in accordance with those Force Account provisions. 4. Eliminated Items. The City reserves the right to delete any bid item of Work in its entirety. The City makes no representation that any work under a bid item of Work will be performed, and all work may be subject to a Contract Change Order that deletes such work. Bid items are distinct and severable from the other bid items, and Contractor shall not be entitled to any anticipated profit, unabsorbed overhead, or other indirect expense attributable to the deleted item, except as provided immediately below with regard to force account mark-ups on the direct and verifiable costs incurred prior to the City’s order that deletes the work. Page 216 of 500 {00245263.1} 41 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract Should any bid item of Work be eliminated in its entirety and not accounted for as described immediately above and, in the absence of an executed Contract Change Order covering such elimination, payment will be made to the Contractor for actual direct and verifiable costs incurred in connection with such eliminated bid item if incurred prior to the date of notification in writing by the City of such elimination. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the City, and if orders for such material cannot be canceled, it will be paid for at the actual direct and verifiable cost to the Contractor. Actual direct costs shall include documented vendor shipping fees, supplier restocking fees, if applicable, and Contractor handling costs directly related to the eliminated item(s). In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for by the City. If the material is returnable to the vendor and if the City so directs, the material shall be returned and the Contractor will be paid for the actual direct cost of charges made by the vendor for returning the material. The actual direct cost of handling returned material will also be paid for by the City. The actual direct and verifiable costs to be paid by City as provided herein will be computed in the same manner as if the work were to be paid for on a force account basis, including the application of force account mark-ups to said costs. 10-09. Force Account Payment. When Work performed pursuant to a Change Order is to be paid for on a force account basis, the Contractor’s labor, materials and equipment used in the performance of such Work shall be subject to the approval of the City, and the compensation will be determined as set forth below in this section. The Contractor will be paid the direct costs for labor, materials and equipment used in performing the Work as hereafter provided. To the total of the direct costs computed as provided in Sections (1) "Labor," (2) "Materials" and (3) "Equipment Rental," below, there will be added a markup of fifteen percent (15%) to the cost of labor, ten percent (10%) to the cost of materials, and five percent (5%) to rented equipment. The above markups shall constitute full compensation, covering the costs of all supervision, overhead, profit and any other general expense not specifically designated as a direct cost in Sections (1), (2) and (3) below. The total payment made as provided above (i.e., direct cost plus applicable markups) shall be deemed to be the actual cost of such work and shall constitute full compensation therefor. Contractor specifically understands and agrees that such payment shall include any Contractor costs for interruption, disruption, and acceleration, extended overhead, Change Order management, delay or other “impact” claim or “ripple effect” claim. When work paid for on a force account basis is performed by forces other than the Contractor's own forces, the maximum allowable mark-ups for the subcontractors’ costs shall be fifteen percent (15%) to the cost of labor, ten percent (10%) to the cost of materials, and five percent (5%) to rented equipment. Contractor will be entitled to an additional markup of five percent (5%). (1) Labor. The Contractor will be paid the cost of labor for the workers (including foremen when authorized by the Engineer), used in the actual and direct performance of the Work. All labor costs associated with overhead, whether field or home office, are specifically excluded herein, as those labor costs are covered by the above mark-ups. The cost of labor, whether the employer is the Contractor, Subcontractor or other forces, will be the sum of the following: (a) Actual Wages. The actual wages paid shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation and similar purposes. (b) Labor Surcharge. To the actual wages, as defined in Section (a), will be added a labor surcharge set forth in the County of Sacramento Standard Construction Specifications that are in effect on the date upon which the work is accomplished. Said labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workers, other than actual wages as defined in Section (a) and subsistence and travel allowance as specified in Section (c). Labor rates submitted for work under time and materials shall include the labor surcharge Page 217 of 500 {00245263.1} 42 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract (c) Subsistence and Travel Allowance. The actual subsistence and travel allowance paid to such workers. No mark up will be allowed on subsistence and travel expense. (2) Materials. The City reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no claims for costs and markup on such materials. Only materials furnished by the Contractor and necessarily used in the performance of the Work will be paid for. The cost of such materials will be the cost to the purchaser, whether Contractor, Subcontractor or other forces, from the Supplier thereof, except to the extent that the following are applicable: (a) If a cash or trade discount by the actual Supplier is offered or available to the purchaser, it shall be credited to the City notwithstanding the fact that such discount may not have been taken. (b) If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual Supplier to such purchaser, the cost of such materials shall be deemed to be the price paid to the actual supplier plus the actual costs, if any, incurred in the handling of such materials. (c) If the materials are obtained from a supply or source owned wholly or in part by the purchaser, the cost of such materials shall not exceed the price paid by the purchaser for similar materials furnished from said source on Bid items or the current wholesale price for such materials delivered to the job site, less any discounts as provided in Section (a), whichever is lower. (d) If the cost of such materials is, in the opinion of the City, excessive, then the cost of such material shall be deemed to be the lowest current wholesale price at which such materials were available in the quantities concerned, less any discounts as provided in Section (a). (e) If the Contractor does not furnish satisfactory evidence of the cost of such materials from the actual supplier thereof within sixty (60) days after the date of delivery of the materials or within fifteen (15) days after Acceptance of the Agreement, whichever occurs first, the City reserves the right to establish the cost of such materials at the lowest current wholesale prices at which such materials were available in the quantities concerned, less any discounts as provided in Section (a). (3) Equipment. Within fifteen (15) days after request by the City, the Contractor shall submit a list of equipment intended to be used on the Agreement for review and approval by the City. The equipment list will identify all pieces of the equipment to be used on the project and will include the make, model number, serial number and all attachments for each piece of equipment. The equipment submittal will include hourly rates (excluding operators) for (i) equipment operated for forty (40) hours and less per week; (ii) equipment operated for more than forty (40) hours per week; and (iii) equipment not operated and on standby. In determining a suitable rental rate for equipment, the Engineer shall take into consideration the applicable Schedule of Equipment Rates issued by Caltrans, as well as Contractor’s proposed rate(s) and supporting documentation. Standby rates will apply for equipment operating over eight (8) hours in any given twelve (12) hour shift. Equipment located at a work site and utilized on non-force account work shall not be eligible for standby payment, and shall be charged on a force account basis only when solely performing pre- approved force account work tasks. If it is deemed necessary by the City to use equipment not listed in the approved Equipment Submittal, outside rentals may be utilized. Contractor shall provide copies of invoicing from the rental agency as part of the force account documentation. Page 218 of 500 {00245263.1} 43 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract The rental rates paid as above provided shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, ownership, depreciation, storage, insurance and all incidentals. Operators of rented equipment will be paid for as provided in Section (1), "Labor." All equipment shall, in the opinion of the Engineer, be in good working condition and suitable for the purpose for which the equipment is to be used. Prior to beginning force account work, the City and Contractor shall agree on all equipment to be used for the work described in the daily time and material form. Individual pieces of equipment or tools not listed in said publication and having a replacement value of $1000 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor. No payment will be made on a force account basis for equipment that is inoperative due to breakdown, servicing or repair or is not functioning according to the manufacturer’s performance standards or is not being operated by a qualified operator. For the use of equipment not listed on the approved Equipment Submittal that is moved in on the work and used exclusively for extra work to be paid for on a force account basis, the Contractor will be paid at the actual rental rates verified by the Contractor or rates charged for similar equipment listed in the Equipment Submittal. The cost of transporting the equipment to the location of the work and its return to its original location will be paid in accordance with the following provisions. The original location of the equipment to be hauled to the location of the work will be agreed to by the City in advance. The City will pay the costs of loading and unloading such equipment. The cost of transporting equipment in low bed trailers shall not exceed the hourly rates charged by established haulers. The cost of transporting equipment shall not exceed the applicable minimum established rates of the Public Utilities Commission. Equipment charges shall begin at the time the equipment is unloaded at the site of the extra work, shall include each day of the work week (defined elsewhere in the Contract Documents) that the equipment is at the site of the extra work, excluding legal holidays, unless the equipment is used to perform the extra work on such days, and shall terminate at the end of the day on which the City directs the Contractor to discontinue the use of such equipment. Equipment operated less than thirty (30) minutes shall be considered to be one-half (1/2) hour of operation charged accordingly. Should the Contractor desire the return of the equipment to a location other than its original location, the City will pay the cost of transportation in accordance with the above provisions; however, such payment shall not exceed the cost of moving the equipment to the Work. Payment for transporting and loading and unloading equipment, as above provided, will not be made if the equipment is used on the Work in any other way than for extra work paid for on a force account basis. 10-10. Records. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a force account basis and the costs of other operations. From the above records, the Contractor shall furnish the City completed daily extra work reports, on forms acceptable to the City , for each day’s extra work to be paid for on a force account basis. The daily extra work reports shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The daily extra work reports shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type and identification number of equipment, and hours operated. Daily extra work and force account reports (actual or claimed) shall be signed by both the Engineer and Contractor’s representatives within twenty-four (24) hours of the performance of the work. Page 219 of 500 {00245263.1} 44 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract Valid copies of vendor’s invoices shall substantiate material charges. Such invoices shall be submitted with the daily extra work reports, or if not available, they shall be submitted with subsequent daily extra work reports. Should said vendor’s invoices not be submitted within sixty (60) days after the date of delivery of the material or within fifteen (15) days after the Acceptance of the Agreement, whichever occurs first, the City reserves the right to establish the cost of such materials at the lowest current wholesale prices at which said materials were available in the quantities, less any discounts. The Contractor or its authorized representative shall sign said daily extra work reports. The Engineer will compare its records with the completed daily extra work reports furnished by the Contractor and make any necessary adjustments. When these daily extra work reports are agreed upon and signed by both parties, said reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on a later audit by the City. The Contractor’s cost records pertaining to Work paid for on a force account basis shall be open to inspection or audit by representatives of the City during the life of the Agreement and for a period of not less than three (3) years after the date of Agreement completion and the Contractor shall retain such records for that period. Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to insure that the cost records of such other forces will be open to inspection and audit by representatives of the City on the same terms and conditions as the cost records of the Contractor. If an audit is to be commenced more than sixty (60) days after the date of Acceptance of the Agreement, the Contractor will be given fifteen (15) days notice of the time when such audit is to begin. 10-11. Compensable Delay. Any Contractor claim for damages or additional compensation based on delay shall be limited to only those circumstances where the Contractor has fulfilled each of the following three (3) requirements: 1. Contractor has established its entitlement to a time extension pursuant to the provisions described above regarding delay and extensions to the Work. 2. The delay was caused solely by the City’s issuance of changes made pursuant to the provisions of “Changes in Work” elsewhere in these Special Provisions or by acts or neglect of the City. 3. The delay was unreasonable under the circumstances and not within the contemplation of the parties. It is expressly understood and agreed that delays caused by the City will be non-compensable when there are concurrent delays caused by the Contractor. Also, Contractor shall have no entitlement to additional compensation for any delay where there have been concurrent delays caused by non-compensable delays, including, but not limited to, fire, floods, tidal waves, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes and freight embargoes. Upon the Engineer’s written request, the Contractor shall make its financial records available for audit by the City for the purpose of verifying the actual rate of overhead specified in the audit submitted by the Contractor. The overhead specified in the audit, submitted by the Contractor, will be subject to approval by the Engineer. Contractor's damages and/or additional compensation for delays will consist solely of the extended costs of maintaining Contractor's jobsite presence. Contractor will not be entitled to any extended home office overhead. Compensation for idle time of equipment will be determined in the same manner as determinations are made for equipment used in the performance of extra work paid for on a force account basis with the following exceptions: 1. The time for which such compensation will be paid will be the actual normal working hours during which such delay conditions exists, but in no case will exceed eight (8) hours in any one day. 2. The days for which compensation will be paid will be each calendar day of the work week during the existence of such delay, except that when rental of the equipment is paid for under the Page 220 of 500 {00245263.1} 45 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract provisions in “Force Account Payment – Equipment”, no payment will be made for delays in accordance with the provisions in this section. 10-12. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension. 10-13. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, in addition to those cost items identified in section 10-10, will be sustained by the City and that it is and will be impracticable and extremely difficult to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum set forth in the Agreement per day for each and every calendar day's delay beyond the time prescribed and the additional number of calendar days, if any, authorized by Contract Change Order, and that Contractor agrees to pay said liquidated damages herein provide for, and further agrees that the City may deduct the amount thereof from any monies due or that may become due the Contractor under the Agreement. SECTION 11. DISPUTE RESOLUTION 11-01. Timely Notice of Claim. Contractor shall be solely responsible for providing written notice to the City of any claims for additional compensation and/or time in accordance with the provisions of the Contract Documents. It is City’s intent to investigate and attempt to resolve any Contractor claims before the Contractor has performed any disputed Work. In addition, the City desires to mitigate its responsibility (if any) for any Contractor claims before the disputed Work is performed. Therefore, Contractor’s failure to provide written notice within the time limitations set forth below shall constitute a waiver of Contractor’s claims for additional compensation and/or time. 11-02. Notice of Potential Claim. The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the City (including the failure or refusal to issue a Change Order), or the happening of any event, thing or occurrence, unless it shall have given the City due written notice of potential claim as hereinafter specified; provided, however, that compliance with this section shall not be a prerequisite as to matters within the scope of the notice provisions in “Delays and Extension of Time” elsewhere in these Contract Documents, nor to any claim which is based on differences in measurement or errors of computation as to correct quantities. The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved and, insofar as possible, the amount of the potential claim. If based on an act or failure to act by the City, such notice shall be given to the City prior to the time that the Contractor has started performance of the Work giving rise to the potential claim for additional compensation, but in no event more than three (3) days after the occurrence that gives rise to the Contractor’s claim. In all other cases, notice shall be given within three (3) days after the happening of the event or occurrence giving rise to the potential claim. If the Notice of Potential Claim does not include complete information about the claim or the parties do not execute a Contract Change Order in connection with the Notice of Potential Claim, Contractor shall submit a complete and specific claim for additional compensation and/or extension of the time for performance within fifteen (15) days after such work is performed. Failure to provide written notice of claim prior to undertaking such work or failure to timely submit a complete and specific claim for additional compensation and/or extension of the time for performance shall be deemed a waiver and abandonment of any such claim. The Contractor hereby agrees that he or she shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which a written notice of potential claim as herein required was not timely filed. Page 221 of 500 {00245263.1} 46 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract If there is a dispute over any claim, the Contractor shall continue to Work during the dispute resolution process in a diligent and timely manner as directed by the City, and shall be governed by all applicable provisions of the Agreement. The Contractor shall maintain cost records of all Work that is the basis of any dispute. On a daily basis, Contractor shall submit to the City completed daily forms, the format of which will be acceptable to the City, with respect to the Contractor’s costs of performing the disputed work. These daily forms shall itemize all of Contractor's costs in performing the disputed work, including, but not limited to, all costs relating to materials, labor and equipment with respect to the disputed work. These daily forms shall provide names or identification and classification of affected workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. Said daily work forms shall be duly signed and verified by the Contractor or its authorized representative. The City’s receipt of Contractor’s daily forms shall not constitute an approval of the Contractor’s claim. Contractor’s failure to submit the daily forms on a daily basis shall constitute a waiver of Contractor’s right to claim any additional compensation for the disputed work. Each Contractor claim shall include full and complete information concerning the Claim. Contractor shall provide a clear, concise recital of the basis, upon which the claim is asserted, including a designation of the provisions of the Contract Documents upon which the claim is based. Contractor shall also include a statement as to the amount of time and/or compensation sought pursuant to the claim; if Contractor’s claim arises from an ongoing occurrence, Contractor shall so state in its claim including a description of the specific Work activities affected by the claim. All costs, expenses or damages and extensions of time claimed shall be described in reasonable detail under the circumstances together with complete supporting documentation. The City will review any timely claim submitted by Contractor. In conducting this review, the City shall have the right to require the Contractor to submit such additional or supporting documents, data and other information as the City may require. If an agreement can be reached which resolves the Contractor claim, the parties will execute a Contract Change Order to document the resolution of the claim. If the parties cannot reach agreement with respect to the Contractor claim, Contractor shall still be obligated to comply with the claim identification provisions identified in the Section 10-06 (Final Payment and Claims). In the event that a subcontractor or supplier asserts a claim against the Contractor under its agreement with Contractor, the subcontractor or supplier shall look only to the Contractor for any payment or relief. Subcontractors and suppliers shall have no claim or cause of action against the City if such claim or cause of action arises out of the subcontractor’s or supplier’s agreement with Contractor. 11-03. Claims Procedure Pursuant to Public Contract Code Section 9204. Contractor must submit all Claims, for which it has previously submitted a Notice of Potential Claim, prior to Acceptance of the Work. Each such Claim must be sent to the City by registered mail or certified mail with return receipt requested and must contain reasonable documentation to support the Claim Upon receipt of a Claim, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, or such further time as mutually agreed upon or necessary pursuant to Public Contract Code section 9204, the City shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. If the City does not respond to a Claim from the Contractor within the time specified herein, such Claim shall be deemed to be rejected in its entirety. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. If the Contractor disputes the City's written response, or if the City does not respond within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of Page 222 of 500 {00245263.1} 47 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures stated in Section 11-04, below. 11-04. Litigation and Forum Selection. Contractor and the City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation. 11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach. SECTION 12 MISCELLANEOUS PROVISIONS 12-01. Laws to Be Observed. The Contractor shall keep itself fully informed concerning all requirements of law, including but not limited to all State and Federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the Work, the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Contract Documents for the Work in relation to any such requirements, the Contractor shall immediately report the same to the City in writing. The laws of the State of California shall govern the Contract Documents. If any part of the Contract Documents is declared invalid by a court of law, such decision will not affect the validity of the remaining portion, which shall remain in full force. 12-02. Rights in Land and Improvements. The Contractor shall make no arrangements with any person or entity to permit occupancy or use of any land, structure or building within the limits of the Work, for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City and any third party owner, former owner or tenant of such land, structure or buildings. The Contractor shall not occupy City- owned property outside the limit of the Work shown on the Contract Drawings unless he obtains prior approval. 12-03 Antitrust Claims. The Contractor’s attention is directed to the following provision of Public Contract Code Section 7103.5(b), which shall be applicable to the Contractor and its subcontractors: “In entering into a public works contract or a sub-contract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all right, 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 Section 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 sub-contract. This assignment shall be made and become effective at the time the awarding body tenders Page 223 of 500 {00245263.1} 48 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract final payment to the Contractor, without further acknowledgement by the parties.” 12-04. Third Party Rights. No provisions of the Contract Documents shall in any way inure to the benefit of any third party (including the public at large) so as to constitute such person a third party beneficiary of the Agreement or of any one or more of the terms and conditions of the Agreement or otherwise give rise to any cause of action in any person not a party to the Agreement, except as expressly provided elsewhere in the Contract Documents. 12-05. Assignment. The performance of the Agreement may not be assigned except upon the written consent of the City. Consent will not be given to any proposed assignment, which would relieve the original Contractor or its surety of their responsibilities under the Agreement, nor will the City consent to any assignment of a part of the Work under the Agreement. The Contractor may assign monies due or to become due under the Agreement and such assignment will be recognized by the City, if given proper notice thereof, to the extent permitted by law, but any assignment of monies shall be subject to all proper set-offs in favor of the City and to all deductions provided for in the Agreement, and particularly all money withheld, whether assigned or not, shall be subject to being used by the City for the completion of the Work in the event that the Contractor should be in default therein 12-06. Rights to Drawings and Technical Data. Shop Drawings and Working Drawings submitted to the City by the Contractor, Subcontractor or any lower tier Subcontractor pursuant to the Agreement, are the property of the City and the City may use, and disclose in any manner and for any purpose, Shop Drawings and Working Drawings delivered under the Agreement. Technical Data including manuals or instructional materials, computer or microprocessor software which are delivered or submitted to the City by the Contractor, Subcontractor, or any lower tier Subcontractor pursuant to the Agreement are the property of the City, and the City may use or disclose same in any manner and for any purpose. 12-07. Gratuities and Conflict of Interest. The Contractor shall not offer or provide gratuities in the form of gifts, entertainment, loans, meals, rewards, and/or services to representatives of the City, including but not limited to, employees, agents, the Engineer, consulting engineers and architects, Inspectors and/or testing agencies retained by the City. If it is found that the Contractor has violated this provision, the Agreement may be subject to termination for default as defined elsewhere in these Special Provisions. During the term of the Agreement and until the final payment has been made to the Contractor, the Contractor shall not employ or compensate in any manner whatsoever, the City employees and authorized representatives, agents, the Engineer, and any engineering service consultants, consulting Engineers and architects, Inspectors, and/or testing agencies retained by the City. Any exceptions to the employment or compensation to any of the above named parties must be made in writing by the City. If the Contractor offers or provides employment or compensation to those named above during the term of the Agreement, the Agreement may be subject to termination for default. Page 224 of 500 {00245263.1} 49 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract TECHNICAL SPECIFICATIONS SECTION 13. GENERAL INFORMATION 13-01. Location and Scope of Work. All of the work to be performed is within the City of Ukiah and consists of all labor, equipment and materials to replace the existing roof with a standing seam metal roof at the Grace Hudson Museum, located at 431 South Main Street in Ukiah, California. The Contractor should familiarize himself with the local conditions of the project sites. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Mary Horger at (707) 463-6233. 13-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows: Section No. Title 13 General Information 14 Construction Details 13-03. Arrangement of Plans. General locations and linear quantities of the work are shown in Appendix "A". 13-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 13-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. 13-06. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work. 13-07. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at its expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. 13-08. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," 7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications. Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items of work and no additional compensation will be made. 13.09. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. 13-10. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final Acceptance. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. Page 225 of 500 {00245263.1} 50 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract 13-11. Utilities. No water, sewer or electrical services will be provided by the City. It is the Contractor's sole responsibility to arrange such services as necessary. 13-12. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents. 13-13. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project. The Contractor shall designate a safety officer and have in place a health and safety plan in accordance with the laws of the State of California and conduct safety meetings and document them in accordance with the law. The Contractor shall have the safety record available for inspection during working hours and shall submit job site safety meeting reports with each Payment application. SECTION 14 - CONSTRUCTION DETAILS 14-01. Technical Specifications and Project Drawings. Please refer to Appendix A and B. SECTION 15. EXCLUSIONS FROM GENERAL CONDITIONS 15-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions: (1) Section 6-03. Office of Contractor at the Site No other exclusions. SECTION 16. AMENDMENTS TO GENERAL CONDITIONS 16-01. Sections of General Conditions to be Amended. The following designated sections of the Special Provisions are hereby amended to read as follows: No amendments.2021 Page 226 of 500 {00245263.1} 51 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract BID SUBMITTAL CHECKLIST The following is a checklist to assist you in your submission of your bid documents. Please make sure you include the following when submitting your bid documents to reduce the risk of having your bid rejected: Did you include?... o Proposal (Page 46)  Unit prices filled out clearly.  Extended prices filled out clearly and calculated correctly  Total bid amount filled out clearly and calculated correctly  Sign the proposal, and provide complete information  CLSB No. and expiration date  Department of Industrial Relations Public Works Contractor Registration Number o Bidding Schedule (Page 56)  Filled out completely per instruction o Fair Employment Practices Certification (Page 58)  Filled out completely per instruction o Worker’s Compensation Certificate (Page 59)  Filled out completely per instruction o Certification of Non-Discrimination in Employment (Page 60)  Filled out completely per instruction o List of Proposed Subcontractors (Page 61)  Filled out completely per instruction o Statement of Experience (Page 62) o Non-Collusion Affidavit (Page 63)  Filled out completely per instruction  Notarized Page 227 of 500 {00245263.1} 52 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR GRACE HUDSON MUSEUM ROOF REPLACEMENT – NEGOTIATED CONTRACT Specification No. 23-04 Name of Bidder _______________________ Business Phone _____________________ Business Address ________________________________________________________ Place of Business _______________________________________________________ Contractor’s License No. ______________________________________ License Expiration Date_______________________________________ Classification Type __________________________________________ Department of Industrial Relations Public Works Contractor Registration Number: ______________________ The undersigned Bidder submits this Proposal and binds itself on award by the City of Ukiah under this bi to execute a Contract in accordance with its Bid and, Contract Documents, The Contract Documents, including but not limited to the Notice to Bidders, Instructions to Bidders, Form of Agreement. General Conditions, Technical Specifications, Contract Drawings, and Addenda, if any, are made part of this bid and all provisions thereof are hereby accepted, and all representations and warranted required thereby are hereby affirmed. This offer shall be irrevocable for a period of sixty (60) days after the date on which bids are opened. The undersigned Bidder understands that any clarification made to the above or any new and different conditions or information submitted on or with its Proposals, other than that requested, may render the bid non-responsive. The undersigned Bidder declares that only persons or parties interested in this Proposal as principals are those named herein that this Proposal is made without collusion with any other person, firm, or corporation; that Bidder has carefully examined the location of the proposed work, the attached Form of Agreement, the Contract Drawings, the Special Provisions and other Contract Documents; and agrees that, if this Proposal is accepted that it will, 1) contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the Agreement herein contained 2) to provide all necessary machinery, tools, apparatus and other means of construction; 3) to do all the Work and furnish all the materials specified in the Contract Documents, in the manner and time therein prescribed, and according the requirements of the Engineer, as therein set forth; 5) indemnify the City against any loss or damage arising from any act of the undersigned as Contractor; and 6) accept as full payment therefor the prices indicated in the Bidding Schedule, including all Work modified by Addendum number _______________ (IF NONE< STATE NONE). The Bidder shall set forth for each item of Work, in clearly legible figures, an item price and a total for the item in the respective spaces provided for this purpose in the Bidding Schedule. The prices included within the Bidding Schedule include all costs for labor, materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and for all other costs necessary to perform the Work in accordance with the Contract Documents. Page 228 of 500 {00245263.1} 53 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract The names of all persons interested in the foregoing Proposal as Principals, are as follows: ______________________________________________________________________. If SOLE OWNER, sign here: I sign as sole owner of the business named above: _____________________________________________________________________________ If PARTNERSHIP, one or more partners sign here: The undersigned certify that we are partners in the business named above and that we sign this bid with the full authority to do so: ____________________________________________________________________________ ____________________________________________________________________________ If CORPORATION, execute here: Corporate Name: _______________________________________ Incorporated under the laws of the State of ____________________________________ The undersigned certify that they sign this bid with the full and proper authorization so to do: By Signature of Authorized Official* Title Typewritten or Printed Name By Signature of Authorized Official* Title Typewritten or Printed Name If JOINT VENTURE, execute here: Joint Venture name composed of: The undersigned certify that they sign this bid with the full and proper authorization so to do: Signature of Authorized Official* Title Typewritten or Printed Name Signature of Authorized Official* Title Typewritten or Printed Name Page 229 of 500 {00245263.1} 54 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract *If Bidder is a partnership or Joint Venture, give the full names of all partners and/or Joint Ventures in the space provided (use additional sheet if required). If Bidder is a corporation, two signatures are required as follows: (1) the Chairman, President, or Vice-President and (2) the Secretary, Assistant Secretary, Chief Financial Officer or Assistant Treasurer. In the alternative, this Agreement may be executed by a single officer or a person other than an officer provided that evidence satisfactory to the City is provided demonstrating that such individual is authorized to bind the corporation (example, a copy of a certified resolution from the corporation’s board or a copy of the corporation’s bylaws). Page 230 of 500 {00245263.1} 55 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract BIDDING SCHEDULE Bidders are directed to submit firm unit and lump sum prices for all Work set forth in the Contract Documents on this Bidding Schedule. Unit prices and lump sum prices must be entered in the appropriate spaces provided in the Bidding Schedule. Unit prices shall be multiplied by the Quantities shown and the total shall be inserted in the “Total” column. In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following: 1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price; 2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each Bidder. The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and all other Contract Documents and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Contract Documents, including all labor, materials, tools, equipment, services, subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated. Lowest bid will be based on the lowest Base Bid. The Bidding Schedule is a summary list of all of the work required by the Contract Documents and is in no way intended to describe all items of work to be performed. Bidders must carefully examine the Contract Documents, including the Contract Drawings and the site of the work and perform such inquiries and investigations, as they deem appropriate in the formulation of their bids. All costs estimated to be incurred by Bidders must be included within one of the line items in the Bidding Schedule. Page 231 of 500 {00245263.1} 56 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract NAME OF BIDDER: SPEC #: 23-05 PROJECT NAME: GRACE HUDSON MUSEUM ROOF REPLACEMENT BASE BID ITEM NO. DESCRIPTION UNIT OF MEASURE QUANTITY PRICE 1 Provide all necessary equipment, materials, labor and fees for roof replacement LS 1 $__________________________ Page 232 of 500 {00245263.1} 57 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract FAIR EMPLOYMENT PRACTICES CERTIFICATION TO:_____________________________________________________________ ________________________________________________________________ The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. GRACE HUDSON MUSEUM ROOF REPLACEMENT ________________________________________________________________ (Signature of Bidder) Business Mailing Address: _________________________________________________ _________________________________________________ _________________________________________________ Business Location: _________________________________________________ _________________________________________________ (The Bidder shall execute the certification of this page prior to submitting its proposal.) Page 233 of 500 {00245263.1} 58 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this________ day of _______________, 200____ Signature of Bidder, with Business Address: __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ Page 234 of 500 {00245263.1} 59 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT The Bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and address of Bidder: __________________________________________________ Date_____________ __________________________________________________ __________________________________________________ __________________________________________________ (This certification shall be executed by the Bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) Page 235 of 500 {00245263.1} 60 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each Bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1- 09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number. SUBCONTRACTOR NAME SUBCONTRACTOR LICENSE NUMBER SUBCONTRACTOR DIR REGISTRATION NUMBER SUBCONTRACTOR BUSINESS ADDRESS PORTION/ TYPE OF WORK Page 236 of 500 {00245263.1} 61 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of its experience, skill and business standing and its ability to conduct work as completely and rapidly as required under the terms of the contract. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Page 237 of 500 {00245263.1} 62 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract NON-COLLUSION AFFIDAVIT The undersigned declares: I am the _________________ of ______________________, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder. All statements contained in the bid are true. The Bidder has not, directly or indirectly, submitted its bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________________ [date], at _____________________________ [city], ________________ [state]. ____________________________________ (Signature of Declarant) Page 238 of 500 {00245263.1} 63 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract DISQUALIFICATION QUESTIONNAIRE The Bidder shall complete, under the penalty of perjury, the following questionnaire: Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes______ No_____ If the answer is yes, explain the circumstances in the space below. NAME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ Explanation, if any: Page 239 of 500 {00245263.1} 64 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract CITY OF UKIAH Mendocino County, California AGREEMENT FOR GRACE HUDSON MUSEUM ROOF REPLACEMENT Specification No. 23-05 THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor, WITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other Contract Documents for the work herein described and shown and has approved and adopted these Contract Documents, including but not limited to specifications and drawings and has caused to be published in the manner and for the time required by law a notice to Bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible Bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article I. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other Contract Documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within Ninety (90) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at its option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer. The Contractor shall diligently prosecute all of the Work under this Agreement in all parts and requirements as defined in the Contract Documents. For each day of day that work remains incomplete, the Contractor will pay to the City, as liquidated damages, the amount of $500 per day, as more particularly described in Section 10-12 of the General Conditions. Page 240 of 500 {00245263.1} 65 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract Article II. Contract Prices. That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete and timely performance of the contract by the Contractor in strict accordance with the Contract Documents. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, and all other Contract Documents. Article III. Labor Discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible Bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor. The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has Page 241 of 500 {00245263.1} 66 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees’ referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. Page 242 of 500 {00245263.1} 67 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. Article IV. Parts of the Contract. This Agreement shall consist of this document and all of the Contract Documents, which are incorporated herein and made a part hereof. The Contract Documents include all of the following: Contract Documents: Those documents that form the basis of the Agreement, including, but not limited to, the Notice to Bids, Instructions to Bidders, Pre-Bid Conference, Bid Forms, Bidding Schedule, Schedule of Values, Bidding Addenda, Form of Agreement, Contract Bonds, General Conditions, Supplemental Conditions, Federal Requirements, Prevailing Wages, Insurance Requirements, Technical Specifications, Appendices, Contract Drawings, Addenda, Contractor’s bid, and all Change Orders issued after the execution of the Agreement, and all other documents incorporated by reference in the same. Article V. Prevailing Wage Scale Reference is made to the requirements on the general prevailing wage rates set forth in the Contract Documents. A copy of such rates may be reviewed at the Financial Services Manager’s Office at the address listed in Article VI, below. Those rates are hereby specified as the minimum rates of prevailing wage to be paid workers under this Agreement. Article VI. Service of Notice Any notice required or permitted to be given under this Agreement shall be deemed given when (a) personally delivered to the recipient identified below; (b) mailed by registered or certified mail, return receipt requested, postage pre-paid, to the address specified below: City: Mary Horger, Financial Services Manager City of Ukiah 411 West Clay Street, Ukiah, CA 95482 Contractor: [Specify contact, address,] The City may also act through its Engineer or other designee if the City expressly gives notice to the Contractor, in writing, that the City’s designee has authority to act for the City in a specific capacity. Article VII. Governing Law This Agreement shall be governed and construed in accordance with the laws of the County of Mendocino and the State of California. Subject to the dispute resolution provisions in the Special Provisions, any action relating to this Agreement shall be instituted and prosecuted in Mendocino County, California. Article VIII. Contractors License Law CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS' STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR Page 243 of 500 {00245263.1} 68 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826. IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this _____ day of _____________, 20____. CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: ______________________________________________________________ CITY MANAGER, CITY OF UKIAH Attest: ______________________________________________________________ CITY CLERK, CITY OF UKIAH FOR THE CONTRACTOR: Name under which business is conducted: Business Address: State __________ Zip Code ______________ Telephone Type of business organization: *If a Corporation, incorporated under the laws of the State of: The undersigned certify that they sign this Agreement with full and proper authorization to do so. By: Print Title: Date: By:* Print Title: Date: Contractor’s Corporate Seal: Page 244 of 500 {00245263.1} 69 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract *If the Contractor is a Corporation, this Agreement must be executed by two corporate officers, consisting of: (1) the President, Vice President, or Chair of the Board, and (2) the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer. Alternatively, this Agreement may be executed by a single officer or a person other than an officer provided that evidence satisfactory to the City is provided demonstrating that such an individual is authorized to bind the corporation (e.g. a copy of a certified resolution from the corporation’s board or a copy of the corporation’s bylaws). The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____. __________________________________________________ CITY ATTORNEY, CITY OF UKIAH Page 245 of 500 {00245263.1} 70 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____, by and between the City of Ukiah (Ukiah) and ______________________________________ (Contractor). Contractor is _________________________________________________________________________________ ___________________________________________ for Ukiah. As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor’s negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole negligence, active negligence or willful misconduct of Ukiah or its officers, agents and employees. CONTRACTOR BY: _______________________________________________ TITLE: _______________________________________________ Page 246 of 500 {00245263.1} 71 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract CITY OF UKIAH Mendocino County, California PERFORMANCE BOND BOND No._____________________ KNOW ALL PERSONS BY THESE PREESNTS: THAT WHEREAS, the City of Ukiah, organized and operating under the laws of the State of California, (hereinafter referred to as the “City”) has awarded to ______________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No. _______________ (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the Project dated _______________________, (hereinafter referred to, together with all attachments and exhibits thereto, as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, __________________________, the undersigned Contractor and _________________________, as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held firmly bound until the City in the sum of ______________________________ ($_________________), for which amount well and truly to be made, we bind ourselves, our heirs ,executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the Acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible Bidder, arrange for a contract between such Bidder, the Surety and the City, and make available as work Page 247 of 500 {00245263.1} 72 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract Price, including other costs and damages for which Surety may be liable. The term “balance of the Contract Price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract Price, including other costs and damages for which Surety may be liable. The term “balance of the Contract Price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs by the City pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Page 248 of 500 {00245263.1} 73 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of ___________________, 2022. (Corporate Seal) ________________________________ Contractor/Principal By______________________________ Title_____________________________ (Corporate Seal) _________________________________ Surety By_______________________________ Attorney-in-Fact (Attach Attorney-in Fact Certificate) Title______________________________ The rate of premium on this bond is __________________ per thousand. The total amount of premium charges is $_________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) ________________________________ ________________________________ ________________________________ (Name and Address of Agent or ________________________________ Representative for service of process in ________________________________ California, if different from above) ________________________________ (Telephone number of Surety and Agent _______________________________ or Representative for service of process in California) Page 249 of 500 {00245263.1} 74 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract CITY OF UKIAH Mendocino County, California PAYMENT BOND BOND No. ____________________ KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Ukiah (“City”) has awarded to _______________________ (“Contractor/Principal”) a contract (City Agreement No. _____________, dated _________________, ___________, referred to as the “Agreement”) for the work described as _______________________. The Agreement is incorporated by this reference into this Payment Bond (“Bond”); and WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant to California Civil Code section 9550; NOW, THEREFORE, we ____________________________________________, the undersigned Contractor/Principal, and _____________________ (“Surety”), a corporation organized and existing under the laws of the State of _____________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held firmly bound until the City, and to any and all persons, companies, or corporations entitled by law to file stop payment notices under California Civil Code Section 9100, or any person, company, or corporation entitled to make a claim on this bond, in the sum of $_________________________, for which payment will and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal, its heirs, executors, administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil Code section 9100; or fail to pay for any materials, provisions, or other supplies, used in, upon, for , or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind, then Surety will pay for the same, in an amount not exceeding the amount herein above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attorneys’ fees as shall be fixed by the court, awarded and taxed as provided in California Civil Code Section 9550, et seq. It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above described; nor by any rescissions or attempted rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond; nor by any fraud practiced by any person other than the claimant seeking to recover on the bond; and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is give; and under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Owner and Contractor/Principal or on the part of any oblige named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of section 2819 and 2845 of the California Civil Code. Page 250 of 500 {00245263.1} 75 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to Surety as follows: Attn:__________________________________________ Address:_______________________________________ City/State/Zip:___________________________________ Phone:_________________________________________ Fax:___________________________________________ Email:__________________________________________ IN WITNESS WHEREO, two identical counterparts of this Bond, each of which shall for all purposes be deemed an original thereof, have been duly executed by Contractor/Principal and Surety above named, on the __ day of ____________________, 202__. __________________________________ (SEAL) Contractor/Principal By_____________________________________ Contractor’s Representative ______________________________________ Contractor/Principal’s Address ______________________________________ City,State,Zip _________________________________(SEAL) Surety By_____________________________________ Surety’s Representative ______________________________________ Surety’s Address ______________________________________ City,State,Zip ______________________________________ Telephone Number NOTE: Signatures of those executing for Surety must be properly acknowledged, The bond must be accompanied by a properly acknowledged Power of Attorney from the Surety authorizing its agent to bind it to this bond. A copy of such Power of Attorney must be in file with the City. Page 251 of 500 {00245263.1} 76 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND 1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable. 2. The name of the Principal shall be shown exactly as it appears in the Contract. 3. The penal sum shall not be less than required by the Specifications. 4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence. 5. If the Principal is a corporation, the bond shall be executed under its corporate seal. If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name. 6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies. 7. The current power-of-attorney of the person signing for the surety company must be attached to the bond. 8. The date of the bond must not be prior to the date of the Contract. 9. The following information must be placed on the bond by the surety company: a. The rate of premium in dollars per thousand; and b. The total dollar amount of premium charged. 10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond. 11. Type or print the name underneath each signature appearing on the bond. 12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing. Page 252 of 500 {00245263.1} 77 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract CITY OF UKIAH Mendocino County, California DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND KNOW ALL MEN BY THESE PRESENTS, That we, _____________________________________________________________________ __________________________________________________________________, as PRINCIPAL and__________________________________________________________________________ ___________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of ___________________________________________________________________________________ _________________________________________________________($____________________), (5 PERCENT OF THE FINAL CONTRACT AMOUNT) to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the City of Ukiah dated_________________________ for _________________________________________________________________________________ ____________________________________________________________________________________ WHEREAS, said Contract has been completed, and was approved on the ______ day of ___________, _________, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee. Signed, sealed, and dated this __________ day of ____________, 20_____. __________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Principal __________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Surety Page 253 of 500 ".9 :8-=,<2878/7;=:*7,.#.:>2,.;//2,.7,8:6    ##%$  )) $)% "%"$#"$$#%"#$#%" )#$ ($"$"$&"")$ #'      ) $$"  ) $$"  ) $$"  ) $$"  ) $$" #%" $##$"$)$$$ ##%"'&##%$$#%"&"$ ) "$$'$#$) "!%"$$""$)$"$"$"%$'$"# $$'$#"$$)##%") "$$#%"") $ ##""##%$$$$"#(%##$##% #$##')& "%) #  $" $) #%" ) %" )$& $  )) ( "$$   )) $#$%## "$) " # %"" '"B#$"$"B# "$ $" ""$ "%$#  #"$ "#&"$#%") %" "*7A87./2:. 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'&!$,?<82?42;A ';12?D?6A2?--------- $"$% &&( =?6;AAF=2;.:2D.??.;AA5.A 5.C2.BA5<?6AFA</6;1A52./<C2:2;A6<;216;@B?.;020<:=.;F.;1/F:F @64;.AB?252?2<;1<@</6;1A56@0<:=.;FA<A56@2;1<?@2:2;A %64;.AB?2 <?646;.9 @64;.AB?2?2>B6?21 &292=5<;2 .A2@64;21 Page 256 of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age 257 of 500 APPENDIX A S P E C I F I C A T I O N S FOR RE-ROOFING OF THE CITY OF UKIAH GRACE HUDSON MUSEUM 431 SOUTH MAIN STREET UKIAH, CA 95482 PROJECT COORDINATOR MARY HORGER / PROCUREMENT MANAGER FINANCE AND PURCHASING DIVISION CITY OF UKIAH 411 WEST CLAY STREET, UKIAH, CA 95482 (707) 463-6233 mhorger@cityofukiah.com DATE July 27, 2020 Revised: March 1, 2023 Page 258 of 500 Project Specifications – Table of Context Grace Hudson Museum Re-Roof Project 431 South Main Street, Ukiah, Ca Page - 1 TABLE OF CONTENTS A. DIVISION 1 – GENERAL REQUIREMENTS 1. Section: 01100 Summary of Work 2. Section: 01250 Substitution Procedures 3. Section: 01330 Submittal Procedures 4. Section: 01640 Owner Furnished Products B. DIVISION 2 – EXISTING CONDITIONS 1. Section: 02070 Selective Demolition C. DIVISION 6 – WOOD, PLASTICS & COMPOSITES 1. Section: 06100 Miscellaneous Carpentry D. DIVISION 7 – THERMAL & MOISTURE PROTECTION 1. Section: 07220 Roof Deck Boards 2. Section: 07410 Metal Roofing Panels 3. Section: 07620 Sheet Metal and Flashing Page 259 of 500 Division 1 - Summary of Work Grace Hudson Museum Re-Roof Project Summary of Work Page 0110 - 1 DIVISION 01 – GENERAL REQUIREMENTS SECTION 01100 - SUMMARY OF THE WORK CITY OF UKIAH GRACE HUDSON MUSEUM REROOFING NEW CLASS (A) FIRE RATED STANDING SEAM METAL ROOFING ASSEMBLY 431 SOUTH MAIN STREET UKIAH, CA 95482 PART 1 - GENERAL 1.1 PROJECT DESCRIPTION A. Work described in this section applies to the removal and replacement of an existing standing seam steel roofing system with a new Class (A) Fire Rated standing seam steel roofing assembly as outlined in the Project Documents 1. Remove the existing standing seam roofing system and gable wall roof beam sheet metal end caps. Replace or repair all fungus or water damaged nonstructural and structural wood elements, and all unforeseen related demolition and repair work as needed for the installation of a complete and weatherproof class (A) fire rated standing seam steel roofing assembly. 2. Install a new Class (A) Fire Rated roofing assembly consisting of a factory finished preformed steel standing seam roofing system on an existing combustible plywood roof deck with new ¼” Dens Deck Board covered with Garland R-Mer Seal or an equivalent 40 mil minimum high temperature peal and stick underlayment suitable for vertical applications at curbing and parapet walls. The manufactured metal roofing system shall incorporate standing seam steel roofing panels, clips, steel hat channels, perimeter flashing and trim, roof penetration flashing and counterflashing, ridge caps, valley and ridge trim assemblies, eave closures assemblies, eave drip stiffeners, coping and rake trim, gutters with expansion joints, down spouts and all miscellaneous sheet metal flashing / trim, closure foam, sealants and fasteners to complete a waterproof Class (A) fire rated roofing. 3. Install new gable wall roof beam sheet metal end caps with Garland R-Mer Seal or an equivalent 40 mil minimum high temperature peal and stick underlay suitable for vertical applications matching the new standing seam metal roofing of same type kind and quality. 4. Re-set the existing gutter water catchment system plumbing lines under the roof eaves. 5. All work shall be conducted in accordance with the project sheet drawings, details, specifications, installation manuals, addenda and general provisions of the Contract, including Contract General Conditions and Supplementary General Conditions. 1.2 RELATED DOCUMENTS A. Project specific sheet drawings, details, specifications, installation manuals, contract provisions and contract conditions apply to this section. Page 260 of 500 Division 1 - Summary of Work Grace Hudson Museum Re-Roof Project Summary of Work Page 0110 - 2 B. Related Sections: 1. Section: 01250 – Substitution Procedures 2. Section: 01330 – Submittal Procedures 3. Section: 01640 - Owner Furnished / Contractor Installed Materials 4. Section: 02010 - Selective Demolition 5. Section: 06100 - Miscellaneous Carpentry 6. Section: 07220 - Roof Deck Board 7. Section: 07410 - Metal Roofing Panels – Standing Seam 8. Section: 07620 - Sheet Metal and Flashing 1.3 WORK INCLUDED IN THE CONTRACT A. Project Identification: Grace Hudson Museum Reroofing Project B. Project Location: 431 S Main St., Ukiah CA 95482 C. Owner: The City of Ukiah D. Work described in this section applies to the removal and of an existing standing seam roofing system and installation of a new Class (A) Fire Rated steel standing seam roofing assembly, as outlined in the Project Sheet Drawings, Details, Specifications, Contract Provisions, Contract Conditions and related Project Section listed in this section, (approximately 14,900 square feet of sloped roof area), including work outlined in the Related Sections and Contract Documents 1.4 PROJECT CONDITIONS A. The Museum will be open to the public during standard operating hours and Museum Staff will be occupying the building and the immediate areas surrounding the construction work. All safety measures shall be applied and adhered to by the Contractor in accordance to the Project Related Sections and Contract Documents. The Contractor shall provide not less than seventy two (72) hours written notice to the City of Ukiah and the City of Ukiah's Project Manager, activities that will impact the security of the Museum or its contents, beyond the Contractor's normal working hours. B. Access: The Contractor shall maintain access to the Museum, unaffected areas of the site and other adjacent facilities: 1. Construction shall not close or obstruct, occupied and unoccupied facilities, parking lots, driveways and walkways without written permission from the City of Ukiah. 2. Ensure minimum interference with other areas of the site, including, streets, walkways, and other adjacent occupied facilities, or the occupants of neighboring properties during all phases of construction and provide protection to ensure the safe passage of people around construction activities, and to other areas of the project site C. The Contractor shall provide provisions to protect existing site improvements, appurtenances, and landscaping not part of this work and scheduled to remain. D. Utility Service: The Contractor shall maintain existing utilities and protect them against damage during construction, especially fire suppression and security systems, including fences and gates currently securing the property. 1.5 PROTECTION OF CONSTRUCTION WORK AND MATERIALS A. During Work Hours protect the Work from theft, vandalism, and unauthorized entry. The Contractor shall have the sole responsibility for job site security. Page 261 of 500 Division 1 - Summary of Work Grace Hudson Museum Re-Roof Project Summary of Work Page 0110 - 3 B. During Off-Work Hours furnish watchman’s services as Contractor may consider necessary to safeguard materials and equipment in the storage on the Project site, including Work in place and process of fabrication, against theft, acts of malicious mischief, vandalism, and other losses or damages. 1.6 WORK DESCRIPTION A. Work described in this section applies to the removal and replacement of an existing standing seam roofing system with a new Class (A) Fire Rated steel standing seam roofing assembly as outlined in the Project Documents B. Removal of the Existing Metal Roofing System: 1. Remove all the existing standing seam roofing, trim, flashing, gutters, downspouts, hat channels and FR-10 fabric down to the Garland R-Mer Seal on the existing roof plywood decking. Discard all roofing materials with the exception of the hat channels and roof gutters for possible re-use after inspection and approval by The Garland Company and the City of Ukiah. 2. Remove all the existing gable wall roof beam end caps and any underlayment and discard the material. 3. Roof hat channels and gutters removed from the existing roof must be inspected and approved in writing for possibly re-use by a Garland Representative and approved by the City of Ukiah prior to re-replacement of the roofing materials. Storage of any on site materials shall be coordinated with the Museum and City of Ukiah in a secured location as approved by the Museum and the City of Ukiah in accordance with the requirements of the Project Specifications and Contract Documents. 4. Maintain and protect the gutter water catchment system plumbing lines to be relocated under the eaves and reattached to the holding tanks. 5. All damage to the (E) Garland R-Mer Seal on the roof decking shall be repaired, inspected and approved in by a Garland Representative for use as a temporary waterproofing during the re-roofing construction. C. Roof beam end caps – gable walls: 1. Roof beam end caps shall be fabricated from 22-gauge ASTM A653/A 653M G-90 Galvanized Steel Garland SS Sheet Stock with high gloss, factory painted Kynar 500 fluorocarbon Mocha finish to match R-Mer Span Roof Panels of same type kind and quality. 2. Shop drawings for all roof beam end caps must be submitted, reviewed and approved by the City of Ukiah or approved City Representative prior to the fabrication of the remaining roof beam end caps. 3. One roof beam end cap mock up shall be installed and approved by the City of Ukiah or approved City Representative prior to the fabrication of the remaining roof beam end caps. D. Existing skylight enclosure and mechanical vent curbing modifications: 1. Existing Skylight Enclosure: a. Frame new 14” tall 2x6 perimeter cripple walls and rake walls around the perimeter of the exiting skylight with 3x6 D.F. No.1 longitudinal roof rafters 24” on center. Note: Wall fastener connections to the existing structural roof framing will be addressed as a deferred submittal when the existing roofing system has been removed and the as-built framing of the existing roof members at the skylight have been verified. b. Sheath wall and roof framing with 15/32” Exposure 1 plywood. Page 262 of 500 Division 1 - Summary of Work Grace Hudson Museum Re-Roof Project Summary of Work Page 0110 - 4 2. existing mechanical vent curbing: a. Relocate the existing Southeast and Southwest mechanical vent curbing boxes 36” downslope form top of ridge to the upslope face of curbing to accommodate the curbing upper valley pan and upper roofing panels per the Garland Installation Manual Curbing Details. b. Repair existing openings in the roofing deck with Exposure No.1 plywood sheathing of same grade and thickness. E. Installation of New Class (A) fire rated standing seam steel roofing assembly per the Project Sheet Drawings, Details, Specifications, Installation Manuals, Contract Documents and Related Sections: 1. Install ¼” Georgia Pacific DensDeck Prime Roof Board over the existing R-Mer Seal on the plywood deck, curbing and parapet walls with approved fasteners and plates in conformance with the placement specifications approved by the DensDeck and Roofing Manufacture on all surfaces to receive metal cladding (Roof Panels, Flashings, Trim, Beam Caps, etc.). 2. Install Garland R-Mer Seal, or an approved 40 mil minimum high temperature peal and stick underlayment suitable for vertical applications at curbing and parapet walls over the new Dens Deck Prime roof board on all surfaces to receive metal cladding (Metal Roof Panels, Flashings, Trim, Roof Beam End Caps, etc.) 3. Install hat channels, per the wind uplift pressure zones and shop drawings provided by the metal roof manufacturer. All hat channels shall be fastened to the roof structural framing (trusses, beams, rafters and battens of the existing roof). 4. Install Garland 22-gauge G-90 Galvanized Steel R-Mer Span Standing Seam Panels with high gloss, factory painted Kynar 500 fluorocarbon Mocha finish and color-matching rivets in accordance with the manufacturer's shop drawings, installation manual, and project specifications. Shim and align metal roof panels within the project specified tolerance of (1/4 inch in 20 feet; 3/8” in 40’-0” or more) on slope and location lines as indicated and with 1/8 inch offset of adjoining faces and of alignment of matching profiles. 5. Install 22-gauge ASTM A 653/A 653M G-90 Galvanized Steel - Garland R-Mer SS Sheet Stock fabricated gutters, downspouts, flashing, trim and roof beam end caps with high gloss, factory painted Kynar 500 fluorocarbon Mocha finish and color-matching rivets at all associated sheet metal and flashing areas indicated on the plans as shown in the manufacturer's shop drawings, installation manual, and the project specifications 6. Roof gutter system and downspouts shall be fabricated and installed per SMACNA and NRCA Standards following the manufacturer's Details, installation Manuals and the Project Specifications a. Install expansion joints on all gutter lines exceeding 50’-0” in length per SMACNA standard recommendations and Garland Butt Joint Expansion Joint Details per the manufacturer's shop drawings, installation manual, and the project specifications. b. Gutters shall be fabricated and installed to maintain a level to a 1/8” in 12” negative slope to the Downspout Inlets. c. Downspouts shall be located at existing storm drain inlets with a watertight premanufactured or fabricated sheet metal coupler joint attached to the existing 4” diameter inlet lines. F. Restore existing plumbing, heating, ventilation, air conditioning, electrical, and systems to the full operational condition that was impacted because of the project. 1. Notify the owner immediately, by way of RFI, of any item on the building found to be non-operational, otherwise, the assumption of operation will be that prior to the project it was fully operational. Page 263 of 500 Division 1 - Summary of Work Grace Hudson Museum Re-Roof Project Summary of Work Page 0110 - 5 1.7 OWNER FURNISHED / CONTRACTOR INSTALLED PRODUCTS A. Owner Furnished / Contractor Installed Products: 1. The City will furnish, for installation by the Contractor, products which are identified on the Drawings and in the Specifications as "OFCI (Owner Furnished / Contractor Installed)", Refer to Section 01640 - Owner-Furnished Products. B. Relationship to Work Under the Contract: 1. Work under the Contract shall include all provisions necessary to fully incorporate such products into the Work, including, as necessary, fasteners, backing, supports, and other such provisions from point of service to point of connection, and field finishing, as shown on Drawings and specified herein. See Section 01640 - Owner- Furnished Products for additional requirements. 1.8 PERMITS, LICENSES, AND FEES A. Permits, Licenses, and Fees, General: Refer to Contract General Conditions, Article 12.05. B. Licenses: The contractor shall obtain and pay all licenses associated with construction activities, such as business licenses, contractors' licenses, and vehicle and equipment licenses. All costs for licenses shall be included in the Contract Amount. 1.9 CONTRACTOR’S STAFF A. Within 15 calendar days of notice to proceed, submit a list of principal staff assignments, including the superintendent, assistant superintendents, project manager, project engineers, schedulers, administrative assistants, accounting personnel, and other personnel in attendance at the Project site and the home office responsible for the project. Identify individuals and their duties and responsibilities; list addressed and telephone numbers, including home and cell telephone numbers. Provide names, addresses, and telephone numbers of individuals assigned as a standby in the absence of individuals assigned to the project. END OF SECTION Page 264 of 500 Division 01 – General Requirements Grace Hudson Museum Re-Roof Project Substitution Procedure 01250 Page - 1 DIVISION 01 – GENERAL REQUIREMENTS SECTION 01250 - SUBSTITUTION PROCEDURES PART 1 — GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for handling requests for equals and substitutions made after award of the Contract. Formal requests from the Contractor/Vendor or substitution of construction methods, products, materials or finishes in place of those specified will be considered by the Owner or the Owner’s Representative/Consultant only in accordance to the procedure herein. 1.2 RELATED DOCUMENTS A. Project sheet drawings, details, specifications, addenda and general provisions of the Contract, including Contract General Conditions and Supplementary General Conditions and other Division 1 Specification Sections apply to this Section. B. Related Sections: 1. Section: 01100 - Summary of Work 2. Section: 01330 – Submittal Procedures 3. Section: 01640 - Owner Furnished Contractor Installed Materials 4. Section: 06100 - Miscellaneous Carpentry 5. Section: 07220 - Roof Deck Board 6. Section: 07410 - Metal Roofing Panels – Standing Seam 7. Section: 07620 - Sheet Metal and Flashing 1.3 DEFINITIONS A. Definitions in this Article do not change or modify the meaning of other terms used in the Contract Documents. B. Equals or Substitutions General: Changes in products, materials, equipment, and methods of construction required by the Contract Documents proposed by the Contractor’s Construction Manager after award of the Contract. 1.4 SUBMITTALS A. Equals and Substitution Request Submittals: 1. The Owner or the Owner’s Representative/Consultant will consider requests for equals or substitutions if the information on all materials is consistent with the information herein. After the Construction Manager’s Subcontractor contract award, substitutions will be considered for materials or systems specified that are no longer available. It will not be considered if the product was not purchased in a reasonable time after award. The Construction Manager shall submit all equal and substitutions requests on the "Equal or Substitute Product Request" Form, an example is shown at the end of this Section and the Form is available from the Owner or the Owner’s Representative Consultant. Substitutions will not be considered without formal request submitted in accordance to Section 01250. Page 265 of 500 Division 01 – General Requirements Grace Hudson Museum Re-Roof Project Substitution Procedure 01250 Page - 2 2. The Construction Manager is required to prepare and submit three (3) copies of the required data for the first manufacturer listed or procedure listed in the specifications section with reference to all of the following areas: a. The substance and function considering quality, workmanship, economy of operation, durability and suitability for purposes intended including the size, rating performance, compliance and cost. All submissions must include all the required data for the first listed manufacturer or procedure as specified, as well as the required data for the proposed Equal or Substitution. This will enable the Owner or the Owner’s Representative/Consultant to determine that the proposed Equal or Substitution is or is not substantially equal to the first listed manufacturer or procedure. 3. Identify the product or the fabrication or installation method to be replaced in each request. Include related Specification Section and Drawing numbers. 4. Provide complete documentation showing compliance with the requirements for equals or substitutions, and the following information, as appropriate: a. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by the Owner and separate contractors that will be necessary to accommodate the proposed Equal or Substitution. b. A detailed comparison chart of significant qualities of the proposed substitution with those of the Work specified. Significant qualities may include elements, such as performance, weight, size, durability, and visual effect. c. Product Data, including Shop Drawings, and descriptions of products and fabrication and installation procedures. d. Use of proposed substitutions will not be an infringement on any copyright, patent or trademark. e. Samples, where applicable or requested. f. A statement indicating the effect on the Construction Manager’s Schedule compared to the schedule without approval of the Equal or Substitution. Indicate the effect on overall Contract Time. g. Cost information, broken down, including a proposal of the net change, if any in the Guaranteed Maximum Price (GMP). h. The Construction Manager’s certification that the proposed Equal or Substitution conforms to requirements in the Contract Documents in every respect and is appropriate for the applications indicated. i. The Construction Manager’s waiver of rights to additional payment or time that may subsequently become necessary because of the failure of the Equal or Substitution to perform adequately. 1.5 OWNER / OWNER’S REPRESENTATIVE / CONSULTANT ACTION A. If necessary, the Owner or the Owner’s Representative/Consultant will request additional information or documentation within five (5) Business Days of receipt of the Contractor’s initial submittal. The Owner’s Representative/Consultant will notify the Owner of recommended acceptance or rejection of the submittal within ten (10) Business Days of receipt of the request, or five (5) Business Days of receipt of additional information or documentation, whichever is later. The Owner or the Owner’s Representative/Consultant will give final acceptance or rejection by the Owner not less than ten (10) Business Days after receipt of the each submittal. B. Any request deemed an "Equal" and accepted by the Owner or the Owner’s Representative/Consultant will result in written notification to the Construction Manager and will not be in the form of a change order for an "Equal". Page 266 of 500 Division 01 – General Requirements Grace Hudson Museum Re-Roof Project Substitution Procedure 01250 Page - 3 C. Any request deemed a "Substitution" and rejected or approved by Owner or the Owner’s Representative/Consultant may result in written notification to the Construction Manager and may be in the form of a change order if the "Substitution" is approved. PART TWO – PRODUCTS 2.1 EQUAL OR SUBSTITUTION - CONDITIONS A. The Owner or the Owner’s Representative/Consultant will consider the Construction Manager’s request for Equal or Substitution of a product or method of construction when one or more of the following conditions are satisfied, as determined by the Owner or the Owner’s Representative Consultant. If the following conditions are not satisfied, the Owner or the Owner’s Representative/Consultant will return the requests to the Construction Manager without action except to record noncompliance with these requirements. 1. The proposed request does not require extensive revisions to the Contract Documents. 2. The proposed request is in accordance with the general intent of the Contract Documents. 3. The proposed request is timely, fully documented, or properly submitted. 4. The proposed request can be provided within the Contract time. However, the Owner or the Owner’s Representative/Consultant will not consider the proposed request if it is a result of the Contractor/ Construction Manager’s failure to pursue the Work promptly or coordinate activities properly. 5. The proposed request will offer the Owner a substantial advantage, in cost, time, energy conservation, or other considerations, after deducting additional responsibilities the Owner must assume. However, if the proposed request requires the Owner to incur additional responsibilities, including but not limited to, additional compensation to Design Consultants for redesign and evaluation services, increased cost of other construction by the Owner or similar considerations, then the Owner will have just cause to reject the request for Equal or Substitution. 6. The proposed request can receive the necessary approvals, in a timely manner, required by governing authorities having jurisdiction. 7. The proposed request can be provided in a manner that is compatible with the work as certified by the Contractor/Construction Manager. 8. The proposed request can be coordinated with the work as certified by the Contractor/Construction Manager. 9. The proposed request can uphold the warranties required by the Contract Documents as certified by the Contractor/Construction Manager. 2.2 The Contractor / Construction Manager’s submission and the Owner’s or the Owner’s Representative/Consultant’s review of Submittals, including but not limited to, Samples, Manufacturer’s Data, Shop Drawings, or other such items, which are not clearly identified as a request for an Equal or Substitution, will not be considered or accepted as a valid request for an Equal or Substitution, nor does it constitute an approval. END OF SECTION Page 267 of 500 Equal or Substitute CITY OF UKIAH – GRACE HUDSON MUSEUM RE-ROOF Product Request Form To: CITY OF UKIAH Attn: MARRY HOGER / PROCUREMENT MANAGER FINANCE AND PURCHASING DIVISION 411 WEST CLAY STREET, UKIAH, CA 95482 (707) 463-6233 (mhoger@cityofukiah.com) From: ________________________________________________________________________________________________________________ (Name of Construction / Project Management Company) _______________________________________________________________________________________________________ (Street Address) _______________________________________________________________________________________________________ (City/State/Postal Code) ____________________________________________________________________________ (Contact Name / Title ____________________________________________________________________________ (Telephone Number and email address) G E N E R A L I N F O R M A T I O N Project Name: Grace Hudson Museum Re-Roof__ _____ Project Number: ______________________ Specifications: ______________________________________ Section(s):________________________ Drawings: __________________________________________ Details: __________________________ Contractually Specified Product: _________________________________________________________ Contractor Proposed Product: ___________________________________________________________ Product is: Equal: Substitute: Data Attached: Drawings: Product Data: Image: Tests: Samples: Others: ________________________________________________ Reason(s) for not providing the Contractually Specified Product: Page 268 of 500 CITY OF UKIAH – GRACE HUDSON MUSEUM RE-ROOF N E W P R O D U C T I N F O R M A T I O N Manufacturer: ____________________________________________________________________________ Contact: _________________________________________________________________________________ Item Name: __________________________________________________________ Item No.:___________ Description: ____________________________________________________________________________________________________ Will proposed substitution impact other parts of the work? No: Yes: (If yes attach explanation) Will Proposed Substitution increase contract time? No: Yes: by No. of Days ___________ Will proposed comply with all conditions per Section 01 25 00? No: Yes: Other___________________ Actual Dollar Savings to the Owner if this substitution is accepted: $ __________________________ The undersigned certifies that: (1) the proposed request for an Equal or Substitute product conforms to all of the requirements of Division 01 – General Requirements and Section 012500 Substitution Procedures. (2) The proposed substitution has been examined and verified to comply with the requirements of the project sheet drawings, construction details, construction notes, contract specifications and installation details. (3) The proposed substitution is of equal or superior construction quality and is suitable and compatible for the intended use. (4) The same or better guarantee(s) / warrantee(s) will be available for the proposed Substitution. (5) The installation of the proposed Substitution (if approved) shall be coordinated with all phases of the project construction. (6) A complete cost data comparison is provided with this request. Request Submitted By: ______________________________________________________________________ (Name of Firm/Entity/Contractor) By: _______________________________________________________ _________________________________________________ (Print – Representative Name) (Title) ________________________________________________________ _____________________ (Signature) (Date) Send Copies to: Owner Owner’s Representative/Consultant OWNER / OWNER’S REPRESENTATIVE / CONSULTANT REVIEW Request received on (Date): _________________________________________ Approved: (Submittals are in accordance with Division 01 – Section 01330 Submittal procedures) Approved as Noted: (Submittals are in accordance with Division 01 – Section 01330 Submittal procedures) Rejected: (Use contractually specified product) Rejected: (See attached alternate proposed product) Rejected: (Request not received within specified time – Use Contractually Specified Product) Review Issued By: _____________________________________________________________________ (Owner or Representative Consultant) By: ________________________________________ __________________________________________ (Owner / Owner’s Representative / Consultant) (Title) ____________________________________________________ _____________________________ (Signature) (Date) Page 269 of 500 Division 01 – General Requirements Grace Hudson Museum Re-Roof Project Submittal Procedure 01330 Page - 1 DIVISION 01 – GENERAL REQUIREMENTS SECTION 01330 - SUBMITTAL PROCEDURES PART 1 — GENERAL 1.1 SUMMARY A. This Section includes: Administrative and procedural requirements for shop drawings, product data, samples, certificates and transcripts of submittals required for performance of the Work. B. Administrative Submittals: Refer to Division 1 Specification Sections and other Contract Documents for additional requirements for administrative submittals. Such submittals include, but are not limited to: 1. Permits. 2. Applications for payment 3. Performance and payment bonds 4. Release of Liens. 5. Insurance certificates. 1.2 RELATED DOCUMENTS A. Project sheet drawings, details, specifications, addenda and general provisions of the Contract, including Contract General Conditions and Supplementary General Conditions and other Division 1 Specification Sections apply to this Section. B. Related Sections: 1. Section: 01100 - Summary of Work 2. Section: 01250 – Substitution Procedures 3. Section: 01640 - Owner Furnished Contractor Installed Materials 4. Section: 06100 - Miscellaneous Carpentry 5. Section: 07220 - Roof Deck Board 6. Section: 074100 - Metal Roofing Panels – Standing Seam 7. Section: 07620 - Sheet Metal and Flashing 1.3 ADMINISTRATIVE ACTIVE SUBMITTALS A. This section specifies general requirements and procedures for contractor’s submissions of shop drawings, product data, samples and mock-ups to the Owner or the Owner’s Representative/Consultant for review. B. Submittal documents reviewed by the Owner or the Owner’s Representative /Consultant are for design intent only. Review Approvals do not reduce the Contractor or Vendor’s responsibility for verification of operator requirements, equipment, site conditions, dimensions, quantities, construction methods, details or code and regulatory requirements. Corrections or comments made on the review submittals do not relieve the contractor from compliance with the requirements of the project plans, specifications and contract documents. C. The Contractor / Contractors Manager shall verify all field measurements in coordination with all the affected adjacent areas of Work. The Contractor / Contractors Manager shall notify the Owner or the Owner’s Representative/Consultant, in writing, of any discrepancies and deviations between actual site conditions or dimensions and the information provided in the construction documents. Page 270 of 500 Division 01 – General Requirements Grace Hudson Museum Re-Roof Project Submittal Procedure 01330 Page - 2 D. The Contractor / Contractors Manager shall indicate materials, methods of construction and attachment or anchorage, erection diagrams, connections, explanatory notes and other information necessary for completion of Work. Where articles or equipment attach or connect to other articles or equipment, indicate that such items have been coordinated, regardless of Section under which adjacent items will be supplied and installed. Indicate cross references to design drawings and specifications. E. The Contractor / Contractors Manager shall review submittals prior to submission to the Owner or the Owner’s Representative/Consultant verifying all the necessary requirements have been determined and that each submittal has been checked and coordinated with requirements of Work and Contract Documents. 1. Present all shop drawings, product data, samples and mock-ups as addressed in the project construction documents and related project specifications. 2. Notify the Owner or the Owner’s Representative/Consultant, in writing, when resubmitting, of any revisions other than those requested by Owner or the Owner’s Representative/Consultant. 3. Submit all submittals promptly and in orderly sequence to not cause delay in Work. Failure to submit in ample time is not considered sufficient reason for an extension of Contract Time and no claim for extension by reason of such default will be allowed. F. Submittals that are not stamped, signed, dated and identified as to specific project will be returned without being examined and shall be considered rejected. G. Do not proceed with work until all relevant submissions have been reviewed by the Owner or the Owner’s Representative/Consultant. H. Corrections, modifications or comments made on submittals as part of the review shall not constitute a change of the contract. The contractor shall inform the Owner or Owner’s Representative/Consultant of any changes to the contract price prior to any materials being ordered or work started. Final reviewed Shop Drawings shall not replace or be used as a vehicle to issue or incorporate change orders or substitutions. Substitutions shall be submitted in accordance with Section 01250 – Substitution Procedures. PART 2 – ACTIVE SUBMITTALS 2.1 ACTIVE SUBMITTAL SUBMISSION A. Coordinate each submission with the requirements of Project W ork and Contract Documents. Submit submittals, arranged in chronological order by dates required by the construction schedule. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Submit all submittal items required for each Specification Section concurrently unless partial submittals for portions of the Work are indicated on approved submittal schedule. 3. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. 4. Individual submissions will not be reviewed until all related information is available. B. Provide Contractor's stamp, signed by Contractor’s authorized Representative/Consultant certifying approval of submissions, verification of field measurements and compliance with Contract Documents. C. Accompany each submittal submission with a transmittal letter containing: 1. Name of Owner and Owners Representative/Consultant. 2. Project title, project number and site address. 3. Submittal identification number and date. Page 271 of 500 Division 01 – General Requirements Grace Hudson Museum Re-Roof Project Submittal Procedure 01330 Page - 3 4. Contractor’s name and address. 5. Contractor’s submittal preparer’s name and title. 6. Subcontractors, Supplier and manufacturer’s name as applicable. 7. Submittal description with applicable specification section number and title. 8. Drawing number and detail references, as applicable. 9. Identification and quantity of each shop drawing, product data and sample and all other pertinent data. 10. Date of all revisions with Construction Project title and submittal numbers. 11. Name and address of Subcontractor, Supplier and//or Manufacturer. D. Do not proceed with work until all relevant submittals have been reviewed by the Owner or the Owner’s Representative/Consultant 2.2 SHOP DRAWING SUBMITTALS A. The term "shop drawings" means drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are to be provided by the Contractor to illustrate details of a portion of Work. B. Shop Drawings shall be drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. C. Minimum scale for reference drawings is (1/4" = 1'-0"). Minimum scale for detail drawings 1s (1/2" = 1"-0"). Scales must be noted on all documentation. Any drawings which have been reduced must be so noted. D. Submit Shop Drawings on sheets at least (8-1/2 by 11 inches) but no larger than (24 by 48 inches). E. Identify all shop drawings with the name of the Project, list of equipment, description of materials, classified item numbers and installation locations. Reference project drawing sheet numbers, details and specification items as shown in the Contract Documents wherever possible. F. Shop Drawings shall indicate materials, methods of construction and attachment or anchorage, erection diagrams, connections, explanatory notes and other information necessary for completion of Work including but not limited to the following: 1. Scaled Dimensions, including dimensions established by field measurement. 2. Identification of all products and materials included, (size, type and quantity). 3. Connection configurations, attachment and anchorage details. 4. Anchorage and fastener type, (size, type and quantity) as applicable. 5. Compliance with specified standards. 6. Notation of coordination requirements, construction sequences and relationships of separate components where necessary to avoid conflicts during construction. 7. Indication of deviation from Contract Documents, reproducible in black and white. 8. Seal and signature of professional engineer if specified. G. Submit electronic copies in scaled PDF format of shop drawings for each requirement requested in the specification Project Sections and as the Owner or Owner’s Representative/Consultant may reasonably request. Page 272 of 500 Division 01 – General Requirements Grace Hudson Museum Re-Roof Project Submittal Procedure 01330 Page - 4 2.3 Shop Drawing Review A. The review of shop drawings by the Owner or Owner’s Representative/Consultant is for the sole purpose of ascertaining conformance with the general concept of the Protect Drawings, Details, Specifications and the Contract Documents. Review of the shop drawings does not reduce or relive the Contractor or Vendor’s responsibility for verification of operator requirements, equipment, site conditions, dimensions, quantities, construction methods, details or code and regulatory requirements. Corrections or comments made on the review submittals do not relieve the contractor from compliance with the requirements of the project plans, specifications and contract documents. The Contractor is responsible for dimensions to be confirmed and correlated at the job site, for information that pertains to fabrication processes or to techniques of construction and installation and for coordination of the work of all sub-trades. B. The Contractor / Contractors Manager shall make changes in the shop drawings as the owner or Owner’s Representative/Consultant has addressed, consistent with the Contract Documents. When resubmitting, notify the Owner or Owner’s Representative/Consultant in writing of revisions other than those requested. C. Changes made on shop drawings by the Owner or Owner’s Representative/Consultant are not intended to change contract price. If adjustments affect value of Work, state such in writing to the Owner or Owner’s Representative/Consultant immediately after receipt of approval of shop drawings. If the value of work is to change a change order must be issued prior to proceeding with work. 2.4 PRODUCT DATA A. Submit an electronic copy in PDF format of product data sheets or brochures for requirements requested in the Specification Sections and as requested by Owner or Owner’s Representative/Consultant where shop drawings will not be prepared due to standardized manufacture of product. 1. Supplement standard information to provide details applicable to the Project and delete all information not applicable to the Project. 2. Cross-reference product data information to applicable portions of the Contract Documents. B. If upon review by the Owner or Owner’s Representative/Consultant, no errors or omissions are discovered, submitted copies will be returned and fabrication and installation of work may proceed. If shop drawings are rejected, noted copy will be returned and resubmission of corrected shop drawings, through same procedure indicated above, must be performed before fabrication and installation of work may proceed. 2.5 SAMPLES A. Where color, pattern or texture is criterion, submit full range of samples. B. Submit samples of sufficient size and quantity to clearly illustrate functional characteristics and full range of colors and patterns. Where sample size has not been specified under individual section submittal instructions, sample size shall be 8" x 11". For items which have standard units or sizes (such as tile, etc.) provide three individual units minimum per color or pattern. Where variations may occur in color or finish, provide number of units/size of sample to show full range. C. Make changes in samples, which the Owner or Owner’s Representative/Consultant may require, consistent with the Contract Documents. D. Adjustments made on samples by Owner or Owner’s Representative/Consultant are not intended to change Contract Price. If adjustments affect value of Work, state such in writing to the Owner or Owner’s Representative/Consultant prior to proceeding with Work. E. Reviewed and accepted samples will become standard of workmanship and material against which installed Work will be verified. Page 273 of 500 Division 01 – General Requirements Grace Hudson Museum Re-Roof Project Submittal Procedure 01330 Page - 5 2.6 MOCK -UP A. Erect mock-ups in accordance with the requirements outlined and specified in each of the Project Sections as it applies. PART 3 - EXECUTION 3.1 OWNER / OWNER’S REPRESENTATIVE / CONSULTANT ACTION A. If necessary, the Owner or the Owner’s Representative/Consultant will request additional information or documentation within five (5) Business Days of receipt of the Contractor’s initial submittal. The Owner’s Representative/Consultant will notify the Owner of recommended acceptance or rejection of the submittal within ten (10) Business Days of receipt of the request, or five (5) Business Days of receipt of additional information or documentation, whichever is later. The Owner or the Owner’s Representative/Consultant will give final acceptance or rejection by the Owner not less than ten (10) Business Days after receipt of the each submittal. B. The Owner’s Representative/Consultant will review each submittal, make marks to indicate corrections or modifications required, and return it. The submittals will be stamped with an action stamp marked with the appropriate actions as follows: 1. "Approved": The submittal is approved and no further submittal is required. 2. "Furnish as Corrected" (No Resubmission Necessary): The submittal is approved, with minor corrections marked or noted. No further submittal is required, except that if the noted corrections are made on the original by the Contractor before distribution, then two copies shall be forwarded to the Architect for record. 3. "Revise and Resubmit" (Revise and Resubmit as Noted): Portions of the submittal are acceptable and approved, as noted; however, there are other portions which are not approved, or yet to be provided. Those portions not approved or incomplete must be resubmitted as noted. The submittal, in its entirety, will be approved only upon acceptable submission of non-approved or missing portions, assuming that nothing in the resubmittal conflicts with the previously approved portions. 4. "Rejected" (Revise and Resubmit as Noted): This submittal does not meet the requirements of the Contract Documents. Resubmit information on an item, component, or layout that will conform to the requirements of the Contract Documents. C. Incomplete submittals are not acceptable, will be considered nonresponsive, and will be returned without review. D. Submittals not required by the Contract Documents may not be reviewed and may be discarded. END OF SECTION Page 274 of 500 Division 01 – General Requirements Grace Hudson Museum Re-Roof Project Owner Furnished Products / Contractor Installed 01640 Page - 1 DIVISION 01 – GENERAL REQUIREMENTS SECTION 01640 - OWNER FURNISHED PRODUCTS / CONTRACTOR INSTALLED PART 1 — GENERAL 1.1 SUMMARY A. DESCRIPTION: The Owner shall procure and provide certain Garland Roofing Products and Georgia Pacific DensDeck Materials for installation as shown and specified per the Contract Documents. B. RELATED WORK SPECIFIED ELSEWHERE: 1. General: Products furnished and paid for by the Owner are described in the following technical sections and /or in the Drawings. 2. OWNER SUPPLIED MATERIAL Note that this project includes the installation of owner-supplied materials; the Owner has acquired a significant portion of the roofing material required for the project. It is the responsibility of the contractor to review all materials provided and supply any balance of materials required for a completed roofing assembly as the plans, specifications and manufacturers shop drawings show. 1.2 DEFINITIONS A. GENERAL: The following are used to identify products as noted on the Drawings. B. OWNER FURNISHED CONTRACTOR INSTALLED (O.F.C.I.): Products or equipment furnished by the Owner for installation under this contract. C. OWNER FURNISHED OWNER INSTALLED (O.F.O.I.): Products or equipment to be provided and installed by the Owner, but requiring surfacing, backing, utility connections or other preparation under this contract, for proper installation. D. NOT IN CONTRACT (N.I.C.): Products or equipment to be provided and installed by Owner, not requiring surfacing, backing, utility connections or other preparation under this contract. PART 2 — PRODUCTS 2.1 PRODUCTS A. ROOFING MATERIAL FURNISHED BY OWNER (O.F.C.I.): Owner-supplied material. Related specification sections include; 1. Section: 01100 - Summary of Work 2. Section: 01250 – Substitution Procedures 3. Section: 01330 – Submittal Procedures 4. Section: 06100 - Miscellaneous Carpentry 5. Section: 07220 - Roof Deck Board 6. Section: 07410 - Metal roofing Panels – Standing Seam 7. Section: 07620 - Sheet Metal and Flashing Page 275 of 500 Division 01 – General Requirements Grace Hudson Museum Re-Roof Project Owner Furnished Products / Contractor Installed 01640 Page - 2 B. MATERIAL LIST Any material or accessories required for the installation of the roof system in excess of the Owner provided material must be supplied by the Contractor. It is the responsibility of the Contractor to determine the precise amount of material required for the completion of this project; and to provide excess material, as required. The cost to handle and break flashing metal from the Owner provided flat stock is the contractor’s responsibility. The contractor is responsible to provide approved shop drawings and required measurements for all sheet metal products. QUANTITY DESCRIPTION UNIT SIZE 15,000 ft2 Sloped Roof Area R-Mer Span - 18” Galv. Steel G90 22 Ga. THICKNESS Kynar Finish Including Gable Wall Roof Beam End Caps per sq. ft 34 Fixed Ridge Assembly – Ridge Cap Trim & Off-set Cleats Ridge Cap Trim G-90 Galvanized Steel 22 gauge 18”-9.5” R-Mer SS Kynar - Mocha - 10' - 0" section 10’ section 440 Head Closure with Neoprene- 18” (Steel) RSHEADCL18S each 24 Clips - Standard Galvanized - RSCLIPSTDG 100 5 Clips - Gable - 16 gauge RSGABLECPE 25 11 1/8” SS Rivets - Colored to match 250 per bag 2 Zip Screw (Color Match) #8 x 1/2” Round Washer Head 250 per bag 34 Eave Trim 10’-0” Section G-90 Galv. Steel 22 gauge R-Mer SS Kynar – Mocha 10’ section 8 Eave foam closure 50 ft. roll 23 Expanding Valley Assembly – Valley trim with diverter & Off- set Cleats G-90 Galv. Steel 22 gauge R-Mer SS Kynar Mocha - 10' - 0" section 10’ section 18 Valley Trim foam closure 50 ft. roll 44 Valley closure strip – 10’- 0” length 10’ length 5 Rake foam closure 50 ft. roll 15 Butyl Tape - 16 rolls per case Head Closure 45 ft. per roll 2 Tripolymer Sealant Clear, Used for Exposed Areas (24 tubes per case) – 25 lineal ft. Per Tube 24 tubes 3 Butyl Sealant (for unexposed areas and trim lap joints) (30 tubes per case) – 25 lineal ft. Per Tube 30 tubes 4 Touch up Paint 2 oz. 36 Eave Edge Stiffener - 10’ length 10’ length 54 Flat Stock 22 ga. Standard Color G-90 Galv. Steel 22 gauge R-Mer SS Kynar – Mocha Rake Trim, Gutters, Downspouts, Roof Beam End Caps 4’x10’ Sheet 1 of each Panel Clip Plastic Shims (1/16”, 1/8” & ¼”) - 400 per case 400 per case 78 R-Mer Seal 36” x 73’ Roll underlayment (200 ft2 coverage per roll) 36”x73’ roll 1 Electric Seamer - Rental 2 Weeks 1 Shop drawings - Required for warranty 101-250 sq.s 30-Year NDL Warranty Metal & BUR / No Charge Manufacturer Inspections / No Charge Georgia Pacific – Gypsum Products 480 DensDeck Prime – ¼” (4’x8’ Sheet) 4’x8’ Sheet Page 276 of 500 Division 01 – General Requirements Grace Hudson Museum Re-Roof Project Owner Furnished Products / Contractor Installed 01640 Page - 3 PART 3 - EXECUTION 2.2 OWNER'S RESPONSIBILITIES A. SUBMITTALS: Arrange for and deliver necessary shop drawings, product data and samples to Contractor. B. DELIVERY: 1. General: Arrange and pay for product delivery to site, in accordance with construction schedule. 2. Bill of Materials: Deliver supplier's documentation to Contractor. 3. Inspection: Inspect jointly with Contractor. 4. Claims: Submit for transportation damage and replacement of otherwise damaged, defective, or missing items. C. GUARANTEES: Arrange for manufacturer's warranties, bonds, service and inspections as required. 2.3 CONTRACTOR'S RESPONSIBILITIES A. SUBMITTALS: Review shop drawings, product data and samples and submit to The City of Ukiah with notification of any discrepancies or problems anticipated in use of product. B. DELIVERY: 1. General: a. At the time of submittal of Project Submittals provide measurements needed for all components needed to be ordered. b. Designate the delivery date for each product in Progress Schedule. 2. Receiving: Receive and unload products at site. Handle products at site, including uncrating and storage. 3. Inspection: Promptly inspect products jointly with Owner; record shortages, damaged or defective items. 4. Storage: Protect products from damage or exposure to elements. C. INSTALLATION: 1. General: Assemble, install, connect, adjust and finish products, as stipulated in the respective section of Specifications. 2. Repair and Replacement: Items damaged during handling and installations are responsibility of contractor. END OF SECTION Page 277 of 500 Division 2 – Site Work Grace Hudson Museum Re-Roof Project Selective Demolition 02070 Page - 1 DIVISION 02 – EXISTING CONDITIONS SECTION 02070 - SELECTIVE DEMOLITION PART 1 - GENERAL 1.1 DESCRIPTION A. This Section describes the requirements for Selective Demolition and removal of portions of the existing building to accommodate New Work under other Sections, including, but not limited to the existing standing seam roofing system, eaves, fascia, overhangs, and soffits (as needed), and to any existing functioning, nonfunctioning or abandoned roof equipment and penetrations. 1.2 RELATED DOCUMENTS A. Project sheet drawings, details, specifications, addenda and general provisions of the Contract, including Contract General Conditions and Supplementary General Conditions and other Division 1 Specification Sections apply to this Section. B. Related Sections: 1. Section: 01100 - Summary of Work 2. Section: 06100 - Miscellaneous Carpentry 3. Section: 07220 - Roof Deck Board 4. Section: 07410 - Metal roofing Panels – Standing Seam 5. Section: 07620 - Sheet Metal and Flashing 1.3 SUMMARY A. Removal of the existing standing seam steel roofing system, removal of the existing gable wall roof beam sheet metal end caps, replace or repair all fungus or water damaged nonstructural and structural wood elements, and all unforeseen related demolition and repair work as needed for the installation of a complete and weatherproof class (A) fire rated standing seam steel roofing assembly 1.4 QUALITY ASSURANCE A. Except for items or materials indicated to be reused, salvaged, reinstalled, or otherwise indicated to remain, demolished materials shall become the Contractor's property, and shall be removed from Project Site. 1.5 PROJECT CONDITIONS A. The Museum will be open to the public during standard operating hours and Museum Staff will be occupying the building and the immediate areas surrounding the construction work. All safety measures shall be applied and adhered to by the Contractor in accordance to the Project Related Sections and Contract Documents. The Contractor shall provide not less than seventy two (72) hours written notice to the City of Ukiah and the City of Ukiah's Project Manager regarding activities that will impact the security of the Museum or its contents, beyond the Contractor's normal working hours. Page 278 of 500 Division 2 – Site Work Grace Hudson Museum Re-Roof Project Selective Demolition 02070 Page - 2 B. Access: 1. The Contractor shall maintain access to Museum, unaffected areas of the site and other adjacent facilities. 2. The Contractor shall not close or obstruct, occupied and unoccupied facilities, parking lots, driveways and walkways without written permission from the City of Ukiah. 3. Utility Service: The Contractor shall maintain existing utilities and protect them against damage during construction, especially fire suppression and security systems, including fences and gates currently securing the property. PART 2 - PRODUCTS 2.1 REPAIR MATERIALS A. Use repair materials identical to existing materials. 1. If identical materials are unavailable or cannot be used for repair of exposed surfaces, use materials that visually match existing adjacent surfaces, to the fullest extent possible. 2. Use materials whose installed performance equal or surpasses that of existing materials. PART 3 – EXECUTION 3.1 EXAMINATION OF EXISTING CONDITIONS A. The Contractor shall survey the existing conditions of the site, and correlate with requirements indicated in the Construction Documents, to determine extent of Selective Demolition required B. Where unanticipated mechanical, electrical, or structural elements conflict with intended function or design are encountered, investigate and document the nature and extent of conflict, and promptly submit a written report to the City of Ukiah for clarification on how to proceed with the Work. C. Perform surveys as the Work progresses to detect possible hazards resulting from Selective Demolition activities, and report to the City of Ukiah for clarification on how to proceed with the Work. 3.2 PREPARATION A. Site Access and Temporary Controls: 1. Conduct Selective Demolition and debris removal operations to ensure minimum interference with other areas of the site, including, streets, walks, walkways, and other adjacent occupied facilities, or the occupants of neighboring properties. B. Protect existing site improvements, appurtenances, and landscaping not part of this work and scheduled to remain. C. Provide protection to ensure the safe passage of people around Selective Demolition activities, and to other areas of the project site. Page 279 of 500 Division 2 – Site Work Grace Hudson Museum Re-Roof Project Selective Demolition 02070 Page - 3 3.3 SELECTIVE DEMOLITION A. General: 1. Remove existing metal roofing system down to the existing Garland R-Mer underlayment on the plywood roof deck. Remove damaged existing construction, only to the extent required to accommodate the new work, and as indicated in the Project Construction Documents. Use methods required to complete the work, within the limitations as follows: 2. Remove decayed, vermin or fungus-infested, or otherwise dangerous or unsuitable materials. 3. Remove all such materials, and lower to ground by methods suitable to avoid free fall, and to prevent ground impact or dust generation. 4. Dispose of demolished items and materials promptly. 5. Return elements of construction and surfaces that are to remain, to their condition existing prior to any Selective Demolition operations. B. For all removed and reinstalled items, the Contractor shall comply with the following: 1. Clean and repair items to functional condition and adequate for the intended reuse. Paint equipment to match new equipment. 2. Protect items from damage during transport and storage. 3. Reinstall items in locations indicated on the Construction Documents, and comply with the installation requirements for new materials and equipment. 4. Provide connections, supports, and miscellaneous materials necessary to make reuse items functional for the use indicated in the Construction Documents, or that can reasonably be inferred. C. Existing Items to Remain: 1. Protect construction indicated to remain, against damage and soiling during Selective Demolition activities. When permitted by the City Ukiah, items may be moved to a suitable, protected storage location, during Selective Demolition, until reinstalled in their original locations after Selective Demolition operations are complete. D. Cleaning: 1. Clean adjacent structures and improvements of dust, dirt, and debris, caused by Selective demolition operations. Return adjacent areas to condition existing prior to Selective Demolition operations’. 3.4 PATCHING AND REPAIRS A. General: 1. Promptly repair all damage to adjacent construction caused by Selective Demolition operations. B. Repairs: 1. Where repairs to existing surfaces are required, patch to produce surfaces suitable for new materials. C. Finishes: 1. Restore exposed finishes of patched areas or areas damaged by construction, and extend restoration into adjoining construction in a manner that eliminates evidence of patching and refinishing. Page 280 of 500 Division 2 – Site Work Grace Hudson Museum Re-Roof Project Selective Demolition 02070 Page - 4 3.5 DISPOSAL OF DEMOLISHED MATERIALS A. General: Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on-site. B. Disposal: Transport demolished materials off the City of Ukiah's property and legally dispose of them. END OF SECTION Page 281 of 500 Division 6 – Wood & Plastic Grace Hudson Museum Re-Roof Carpentry 06100 Page - 1 DIVISION 06 - WOOD & PLASTICS SECTION 06100 – MISCELLANEOUS CARPENTRY PART 1 – GENERAL 1. 1 RELATED DOCUMENTS A. Project sheet drawings, details, specifications, addenda and general provisions of the Contract, including Contract General Conditions and Supplementary General Conditions and other Division 1 Specification Sections apply to this Section. B. Related Sections: 1. Section: 01100 - Summary of Work 2. Section: 02010 - Selective Demolition 3. Section: 07220 - Roof Deck Board 4. Section: 07410 - Metal roofing Panels – Standing Seam 5. Section: 07620 - Sheet Metal and Flashing C. Governing Documents include: 1. Current California Building Code & Related Standards (CBC) 2. American Society of Testing and Materials (ASTM). 3. West Coast Lumber Inspection Bureau's (WCLIB) ''Standard Grading Rules" B. Guideline Standards for Quality of Work 4. National Design Specification for Wood Construction (NOS) 5. American National Standard Institute (ANSI) 1.2 SUMMARY A. This Section Includes all Miscellaneous Carpentry required to complete the work as required and specified in the Construction Documents. B. Carpentry includes, but is not limited to selective demolition and rebuilding of the existing roof eaves, soffits, and fascia as needed to accommodate the New Work. Also, for tear-off and replacement of plywood and other roof and decking material as needed for the installation of a complete and weatherproof class (A) fire rated standing seam steel roof ing assembly. This Work will be completed at a fixed material and/or hourly rate as agreed to as part of this contract. PART 2 - PRODUCTS 2.1 MATERIALS A. Wood: The following shall apply: 1. Framing Lumber: (S4S) Douglas Fir No. (2) & Better grade, (19%) moisture content maximum or as specified in the project Sheet Drawing, Details and Specifications. 2. Fascia & Soffit Trim Boards: Redwood. kiln dried, clear heart or better. Match existing sizes and profiles. Page 282 of 500 Division 6 – Wood & Plastic Grace Hudson Museum Re-Roof Carpentry 06100 Page - 2 B. Fasteners: The following shall apply or as specified in the project Sheet Drawing, Details and Specifications: 1. Vinyl coated nails shall be used for weather protected framing conditions. 2. Hot dipped galvanized or stainless nails shall be used for all exterior weather exposed locations. 3. Construction Adhesive: Dap Latex Construction and Sub-Floor Adhesive, or approved equal. PART 3 - EXECUTION 3.1 CARPENTRY GENERAL A. Carpentry shall be done by competent workmen, experienced in Work of the types specified herein, and in accordance with the best standards of carpentry practice. B. Workmanship: Fit members closely, set accurately to required lines and levels, and secure rigidly in place. Set horizontal and inclined members with crown edge up. Bolt, nail, and spike thoroughly with not less than sizes and quantities required to conform to Chapter 23 of the current California Building Code (CBC), and provide full contact at all bearing surfaces for structural members. C. Verify all conditions at the Project site, affecting the Work. Coordinate carpentry with rough-ins and installations under other sections Work applying to this Project. 3.2 FINISH CARPENTRY GENERAL A. Completed exposed work shall be free of dents and tool marks, un-sanded or rough faces (unless scheduled to be so), or other detracting appearance defects and issues. B. Care should be taken to match existing finish appearance, with tight miter and butt joints. C. Set and putty all nail heads, and prep for painting or specified finishes, unless scheduled to be natural finish. END OF SECTION Page 283 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Roof Deck Board 07220 Page - 1 DIVISION 07 – THERMAL & MOISTURE PROTECTION SECTION 07220 - ROOF DECK BOARDS PART 1 – GENERAL 1.1 RELATED DOCUMENTS A. Project sheet drawings, details, specifications, addenda and general provisions of the Contract, including Contract General Conditions and Supplementary General Conditions and other Division 1 Specification Sections apply to this Section. B. Related Sections: 1. Section: 01100 - Summary of Work 2. Section: 01250 – Substitution Procedures 3. Section: 01330 – Submittal Procedures 4. Section: 01640 - Owner Furnished Contractor Installed Materials 5. Section: 02010 - Selective Demolition 6. Section: 06100 - Miscellaneous Carpentry 7. Section: 07410 - Metal roofing Panels – Standing Seam 8. Section: 07620 - Sheet Metal and Flashing 1.2 SUMMARY A. Section includes material and installation specifications for Dens Deck fiberglass-mat faced gypsum roof boards for application over a properly prepared wood plywood roof deck substrate for the installation of a complete and weatherproof class (A) fire rated standing seam steel roofing assembly. B. Items specified in this section are applicable whether shown or not. 1.3 REFERENCES A. ASTM International (ASTM): 1. ASTM C209 Standard Test Method for Cellulosic Fiber Insulating Board. 2. ASTM C472 Standard Test Methods for Physical Testing of Gypsum, Gypsum Plasters and Gypsum Concrete. 3. ASTM C473 Standard Test Methods for Physical Testing of Gypsum Panel Products. 4. ASTM C1177 Standard Specification for Glass Mat Gypsum Substrate for Use as Sheathing. 5. ASTM D3273 Standard Test Method for Resistance to Growth of Mold on the Surface of Interior Coatings in an Environmental Chamber. 6. ASTM E84 Standard Test Method for Surface Burning Characteristics of Building Materials. 7. ASTM E96 Standard Test Methods for Water Vapor Transmission of Materials. 8. ASTM E108 Standard Test Methods for Fire Tests of Roof Coverings. Page 284 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Roof Deck Board 07220 Page - 2 9. ASTM E136 Standard Test Method for Behavior of Materials in a Vertical Tube Furnace at 750 C. 10. ASTM E661 Standard Test Method for Performance of Wood and Wood-Based Floor and Roof Sheathing Under Concentrated Static and Impact Loads. B. Underwriters Laboratories (UL) - UL 790 Standard Test Methods for Fire Tests of Roof Coverings. C. Factory Mutual Research (FM) - Roof Assembly Classifications. D. National Roofing Contractors Association (NRCA) - Roofing and Waterproofing Manual. E. Underwriters Laboratories, Inc. (UL) - Fire Hazard Classifications. F. Warnock Hersey (WH) - Fire Hazard Classifications. G. Sheet Metal and Air Conditioning Contractors National Association (SMACNA) H. Steel Deck Institute, St. Louis, Missouri (SDI). 1.4 SUBMITTALS A. Product data and Installation Instructions: 1. Submit Dens Deck Board Manufacturer’s product data sheets including substrate preparation, installation instructions, specified fastener type and fastener placement required for the project roof deck and manufacturer’s roofing system. 2. Provide approval letters from both the Dens Deck Board and Roofing Manufacturers for use of the Dens Board Deck Board within the project specified roofing system. B. Certification: 1. Provide approval letters from the Roof Manufacturer’s specifying the Dens Deck Board fasteners furnished, and placement of fasteners is acceptable for the project specified roofing system. 2. Provide approval letters from the Roofing Manufacturer that the Dens Deck Board used within the project roofing system meets a certified and approved Class (A) fire rated roofing assembly. E. Submit roof manufacturer’s certification that Dens Deck Board furnished is acceptable to Roof Manufacturer as a component of the roofing system and is eligible for the Roof Manufacturer’s system warranty. 1.5 QUALITY ASSURANCE A. Manufacturer’s Certificate: Certify that roof system furnished is approved by Factory Mutual, Underwriters Laboratories, Warnock Hersey or approved third party testing facility in accordance with ASTM E108, Class (A) for external fire and meets local or nationally recognized building codes. B. Manufacturer’s Certificate: Certify that the roof system is fastened to meet or exceed the requirements of FM 1-90. C. Pre-installation meeting: Refer to Division 07 roofing specifications for pre-installation meeting requirements. D. Inspection: Where applicable, allow for Owner’s inspection and moisture testing and reporting prior to installation of Dens Deck Roof Boards. Page 285 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Roof Deck Board 07220 Page - 3 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver products to site with seals and labels intact, in manufacturer’s original containers, dry and undamaged. 1. Any protective, plastic factory packaging that is used to wrap the Dens Deck Roof Boards for shipment is intended to provide temporary protection from moisture exposure during transit only and is not intended to provide protection during storage after delivery. 2. Remove any plastic packaging from the Dens Deck Roof Boards immediately upon receipt of delivery. Failure to remove plastic packaging may result in entrapment of condensation or moisture. B. Store all Dens Deck Board materials in a manner to protect them from the wind, sun and moisture damage prior to and during installation. Any Dens Deck material that has been exposed to any moisture shall be removed from the project site. 1. Keep materials enclosed in a watertight, ventilated enclosure. 2. Store materials off the ground. Use adequate supports to keep the bundles flat, level and dry. Any warped, broken or wet Dens Deck Boards shall be discarded. C. Care should be taken during installation to avoid the accumulation of moisture in the system. Roof boards shall be covered the same day as installed. Avoid application of roof boards during rain, heavy fog and any other conditions that may deposit moisture on the surface. Avoid the overuse of non-vented, direct-fired heaters during winter months. Any warped, broken or wet Dens Deck Boards that occurs during installation shall be removed and replaced. 1.7 FIELD CONDITIONS A. Application standards shall be in accordance with design assembly specifics, system manufacturer requirements and the Dens Deck Roof Board Application and Technical Guidelines. B. Do not install Dens Deck Boards that that are moisture damaged. Indications that panels are moisture damaged include, but not limited to, discoloration, sagging, or irregular shape. C. Installed Dens Deck Roof Boards shall be dry, with free moisture content of less than 1% using a moisture meter that has been set to the gypsum scale, before applying adhesive, asphalt or membrane. D. All components used in roofing systems, including Dens Deck Roof Boards, shall be protected from exposure to moisture before, during and after installation. PART 2 - PRODUCTS 2.1 PRODUCTS - GENERAL A. Basis of Design: 1. Materials, manufacturer’s product designations, and/or manufacturer’s names specified herein shall be regarded as the minimum standard of quality required for work of this Section. Comply with all manufacturer and contractor/fabricator quality and performance criteria specified in Part 1 of this Section. Page 286 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Roof Deck Board 07220 Page - 4 B. Substitutions: 1. Products proposed as equal to the products specified in this Section shall be submitted in accordance with Section 1250 – Substitution Procedures and Bidding Requirements and as outlined below: a. Proposals shall be accompanied by a copy of the manufacturer’s standard specification section. That specification section shall be signed and sealed by a professional engineer licensed in the state in California. Substitution requests containing specifications without licensed engineer certification shall be rejected for non-conformance. b. Include a list of three (3) projects of similar type and extent, located within a one hundred mile radius from the location of the project. In addition, the three projects must be at least five (5) years old and be available for inspection by the City of Ukiah or their Representative. c. Equivalency of performance criteria, warranty terms, submittal procedures, and contractual terms will constitute the basis of acceptance. d. The City of Ukiah decision regarding substitutions will be considered final. Unauthorized substitutions will be rejected. 2.2 DENS DECK ROOF BOARD MATERIALS A. Dens Deck Roof Board: 1. Qualities: Nonstructural glass mat faced, noncombustible, water resistant treated gypsum core panel. 2. Board Size: Four feet by eight feet (4’x8’). 3. Thickness: Five Eighths (1/4) inch. 4. R-Value: 0.28 (Dens Board only). 5. Compliances: UL, WH or FM listed under Roofing Systems. 2.3 RELATED MATERIALS A. Fasteners: 1. Corrosion resistant screw fastener as specified by the Dens Deck Board and Roofing Manufacturers. 2. Factory Mutual Tested and Approved with three (3) inch coated disc for I-90 rating for installation and penetration below and existing plywood deck. 2.4 MANUFACTURERS A. Georgia-Pacific Gypsum LLC products as specified herein. 2.5 COATED PRIME FIBERGLASS-MAT FACED GYPSUM DENS DECK ROOF BOARDS: A. Fiberglass Mat Faced Gypsum Roof Board: 1. Georgia Pacific DensDeck® Prime with EONIC™ Technology Roof Boards. 2. Thickness: 1/4 inch. 3. 4’ x 8’ sheet boards. 4. Weight:1.2 psf 5. Surfacing: Primed Fiberglass Mat. Page 287 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Roof Deck Board 07220 Page - 5 6. Flexural Strength, Parallel (ASTM C473): 40 lbf, minimum. 7. Flute Span (ASTM E661): 2-5/8 inches. 8. Permeance (ASTM E96): Greater than 30 perms. 9. R-Value (ASTM C518): 0.28. 10. Water Absorption (ASTM C473): Less than 5 percent of weight. 11. Surface Water Absorption (ASTM C473): Nominal 1.0 grams. 12. Compressive Strength (Applicable Sections of ASTM C472): Nominal 900 pounds per square inch. 13. Flame Spread/ Smoke Development (ASTM E84): Not more than 0 Flame Spread, 0 Smoke Development 14. Combustibility (ASTM E136): Noncombustible 15. Fire resistance rating (UL 790 and ASTM E108): Class A 16. Mold Resistance (ASTM D3273): Scored a 10 PART 3 – EXECUTION 3.1 INSTALLATION A. Attachment with Mechanical Fasteners: 1. Corrosion resistant screw fastener as specified by the Dens Deck Board and Roofing Manufacturers. 2. Factory Mutual Tested and Approved with three (3) inch coated disc for I-90 rating for installation and penetration below and existing plywood deck. 3. Fastener placement as specified by the Dens Deck Board and Roofing Manufactures for a Class (A) Fire Rated Roof Assembly with a Garland R-Mer Span roofing system mounted on hat channels secured to the structural framing of the roof with combustible plywood roof deck. 3.2 CLEANING A. Remove debris and cartons from roof deck. Leave insulation clean and dry, ready to receive a Garland R-Mer Seal roofing underlayment or an equivalent underlayment as approved by the Roofing Manufacture and the City of Ukiah. 3.3 CONSTRUCTION WASTE MANAGEMENT A. Remove and properly dispose of waste products generated during installation. Comply with requirements of authorities having jurisdiction. Page 288 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Roof Deck Board 07220 Page - 6 PART 4 - OWNER SUPPLIED MATERIALS 4.1 MATERIAL QUANTITIES A. Contractor must include in their base bid any additional materials to complete the roofing project. Contractor must provide all labor to install owner-supplied materials as part of their bid. All materials not specifically included in the owner-supplied materials section will be the responsibility of the contractor to provide and install in compliance with sections 07220, 0741 and 07620. Freight charges of Owner supplied materials will be the responsibility of the Owner. Contractor must take delivery of materials, properly cover and store at jobsite or their shop. Contractor must be able to provide certification in writing from roof system manufacturer that the contractor is approved to install the specified roof system and provide all warranty requirements of sections 0741 and 07620. The Owner will supply the materials and quantities as listed in section 01640. END OF SECTION Page 289 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Metal Roofing Panels 07410 Page - 1 DIVISION 07 – THERMAL & MOISTURE PROTECTION SECTION 07410: METAL ROOFING PANELS - STANDING SEAM PART 1 - GENERAL 1.1 DESCRIPTION A. Work described in this section applies to a completed Class (A) Fire Rated roofing assembly consisting of a factory finished preformed standing seam steel roofing system on an existing combustible plywood roof deck with new ¼” Dens Deck Board covered with Garland R-Mer Seal or an equivalent 40 mil minimum high temperature peal and stick underlay suitable for vertical applications at curbing and parapet walls. The manufactured metal roofing system shall incorporate standing seam steel roofing panels, clips, steel hat channels, perimeter flashing and trim, roof penetration flashing and counterflashing, ridge caps, valley and ridge trim assemblies, eave closures assemblies, eave drip stiffeners, coping and rake trim, gutters with expansion joints, down spouts and all miscellaneous sheet metal flashing / trim, closure foam, sealants and fasteners to complete a waterproof Class (A) fire rated roofing assembly. 1.2 RELATED DOCUMENTS A. Project sheet drawings, details, specifications, addenda and general provisions of the Contract, including Contract General Conditions and Supplementary General Conditions and other Division 1 Specification Sections apply to this Section. B. Related Sections: 1. Section: 01100 - Summary of Work 2. Section: 01250 – Substitution Procedures 3. Section: 01330 – Submittal Procedures 4. Section: 01640 - Owner Furnished / Contractor Installed Products 5. Section: 02010 - Selective Demolition 6. Section: 06100 - Miscellaneous Carpentry 7. Section: 07220 - Roof Deck Board 8. Section: 07620 - Sheet Metal and Flashing 1.3 SUMMARY A. This section includes materials, fabrication and installation specifications for the standing seam steel roofing panels, gutters and accessories as specified in the project contract documents for installation of a complete and weatherproof class (A) fire rated standing seam steel roofing assembly. B. Items specified in this section are applicable whether shown or not. Page 290 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Metal Roofing Panels 07410 Page - 2 1.4 SUBMITTALS A. Submittals shall be prepared in accordance to Section 01330 – Submittal Procedures. B. Shop Drawings: 1. Show fabrication and installation layouts of sheet metal roofing system, including plans, elevations, sections, expansion joint locations, keyed details and project specific specifications. Distinguish between shop and field assembled work. Provide shop drawings of the roofing system with flashings and accessories in project specific sheet drawings with associated fabrication and installation details. 2. Include metal thickness and finishes, panel lengths, joining details, fastening anchorage details, flashings and special fabrication provisions for termination and penetrations. Indicate relationships with adjacent and interfacing work. 3. Shop drawings must be completed by the metal panel manufacturer’s engineering department. Any and/or all changes recommended by the successful bidder must be approved by the manufacturer in writing prior to submittal. C. Product Data: Include manufacturer’s detailed material and system description, sealant and closure installation instructions, engineering performance data and finish specifications. D. Design Test Reports: 1. Provide pullout values of the fastener types and spacing’s as indicated on the project drawings. 2. Submit copy of manufacturer’s minimum design load calculations according to ASCE-7-16. See Garland calculations as indicated on drawings. 3. Submit copy of certification from manufacturer stating that specified system has been tested in accordance with ASTM E1592 requirements by an independent Engineering Firm. All test results must be submitted including Air (ASTM E 283) Infiltration Tests. These test results must meet or exceed those listed in Section 1.8 (Performance Criteria) and be stamped by an independent Engineering Firm. 1.5 INSTALLER QUALIFICATIONS A. Installer: 1. Engage an experienced metal roofing contractor (erector) to install a standing seam system who has a minimum of five (5) years’ experience specializing in the installation of structural standing seam metal roof systems. 2. Contractor must be certified by the Roofing Manufacturer specified as the supplier of structural standing seam system and obtain written certification from manufacturer that installer is approved for installation of the specified system. The contractor must supply a copy of this certification to the City of Ukiah prior to proceeding with the roofing installation. 3. The contractor is required to maintain a full-time supervisor / foreman who is on the job-site at all times during installation of new roof system. Foreman must have a minimum of five (5) years’ experience with the installation of system similar to that specified. 1.6 MANUFACTURER QUALIFICATIONS A. The materials outlined in the Material and Method Specifications are based on the performance characteristics of the R-Mer Span - Steel Panel system by the Garland Company. Metal panels must be pre-manufactured in the roofing manufacturer’s shop and engineered for this project. Roofing panels will not be allowed to be formed at the job-site. Page 291 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Metal Roofing Panels 07410 Page - 3 B. Should the bidder wish to propose an alternate manufacturer and/or material than that specified, Section 1250 – Substitute Procedures must be followed and address the requirements as outlined below: 1. Submit certified test reports from a testing laboratory that bear the stamp of a registered California P.E. to show compliance with specified performance criteria. Test reports must meet the specified negative uplift pressures as listed per this specification for the gauge, panel width and clip spacing specified as confirmed by manufacturers ASTM E1592 test results. See Garland calculations as indicated on drawings. 2. Empirical calculations for roof performance shall only be acceptable for positive loads. 3. Indicate fastener types and spacing’s and provide fastener pullout values. 4. Submit copy of manufacturer’s Factory Mutual Certification for specified system. See Garland calculations as indicated on drawings. 5. Submit copy of certification from manufacturer stating that specified system has been tested in accordance with ASTM E1592 requirements by an Independent Engineering Firm. All test results must be submitted including Air (ASTM E 283) Infiltration and meet or exceed those listed in Section 1.8 (Performance Criteria). 6. A list of a minimum of five (5) jobs where the proposed alternate material was used under similar conditions. The reference list shall include date of project, size of project, address and contact telephone number. 7. A financial statement demonstrating a current ratio of 2:1 (current assets to current liabilities). 8. A written statement from the manufacturer stating that they will provide the building owner with a daily site inspection for a minimum of one (1) hour by an experienced, full time employee of the company. 9. A written statement from a corporate officer of the manufacturing company stating that he or she has reviewed the specifications and confirms that the proposed system meets or exceeds all performance requirements listed as well as meets the panel size, gauge, weight, clip design, sealant design, uplift pressures and height of the vertical seam. 10. A copy of manufacturer’s 30 year NDL roofing system warranty. C. The following samples must be submitted by alternate manufacturers: 1. Submit sample of panel section, at least 6” x 6” showing seam profile and also a sampler of color selected. 2. Submit sample of panel clip(s). D. The City of Ukiah decision regarding substitutions will be considered final. Unauthorized substitutions will be rejected. 1.7 DELIVERY, STORAGE, AND HANDLING A. Manufacturer’s responsibility: 1. Protect components during fabrication and packing from mechanical abuse, stains, discoloration, and corrosion. 2. Provide protective interleaving between contact areas of exposed surfaces to prevent abrasion during shipment, storage, and handling. 3. Deliver materials in sealed packages, with Manufacturer’s labels intact and legible. Page 292 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Metal Roofing Panels 07410 Page - 4 B. Installer’s responsibility: 1. Store materials off ground providing for drainage; under cover providing for air circulation; and protected from wind movement, foreign material contamination, mechanical damage, cement, lime or other corrosive substances. 2. Handle materials to prevent damage to surfaces, edges and ends of roofing sheets and sheet metal items. Damaged material shall be rejected and discarded. 1.8 JOB CONDITIONS A. Determine that work of other trades will not hamper or conflict with necessary fabrication and storage requirements for preformed metal roofing system. B. Protection: 1. Provide protection or avoid traffic on completed roof surfaces. 2. Support no roof-mounted equipment directly on roofing system. C. Ascertain that work of other trades which penetrates the roof or is to be made watertight by the roof is in place and approved prior to installation of roofing. 1.9 QUALITY CRITERIA A. Applicable standards: 1. American Iron and Steel Institute (AISI): S100-07 Specification for the Design of Cold-Formed Steel Structural Members. 2. American Society for Testing and Materials (ASTM): A653 Specification for Steel Sheet Zinc-coated (galvanized) or Zinc- Iron Alloy-coated (Galvannealed) by the Hot-Dip process. E283 Test Method for Rate of Air Leakage Through Exterior Windows, Curtain Walls, and Doors Under Specified Pressure Differences Across the Specimen. E1592-01 Standard Test Method for Structural Performance of Sheet Metal Roof and Siding Systems by Uniform Static Air Pressure Difference. 3. Sheet Metal and Air Conditioning Contractors National Association (SMACNA): Architectural Sheet Metal Manual, Latest Edition. 4 Underwriters’ Laboratories (UL): Standard UL – 580 Tests for Wind-Uplift Resistance of Roof Assemblies. Standard UL – 790 Class A Fire Rated Materials. B. Applicable erection tolerances: 1. Shim and align metal roof panel units within installed tolerances of (1/4 inch in 20 feet; 3/8” in 40 feet) on slope and location lines as indicated and with (1/8 inch) offset of adjoining faces and of alignment of matching profiles. 1.10 PERFORMANCE CRITERIA A. Thermal Movement: 1. Completed metal roofing and flashing system shall be capable of withstanding expansion and contraction of components caused by changes in temperature without buckling, producing excess stress on structure, anchors or fasteners, or reducing performance ability. 2. Interface between panel and clip shall provide for unlimited thermal movement in each direction along the longitudinal direction. Page 293 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Metal Roofing Panels 07410 Page - 5 B. Uniform wind load capacity: 1. Capacity shall be determined using pleated airbag method in accordance with ASTM E 1592, testing of sheet metal roof panels as follows: a. (7.1) Roof test specimens shall be either full length or representative of the main body of the roof, free from edge restraint or perimeter attachments, continuous over one or more supports, and containing at least five panel modules for standing seam roof. b. (7.1.2) No attachments shall be permitted at sides or end perimeter other than those that occur uniformly throughout roof. Side and end seals shall be flexible and in no way restrain crosswise distortion of panels. c. (7.2.1) Panels and accessories shall be production materials of same type and thickness proposed for use on project. 2. Installed roof system shall carry positive uniform design loads with a maximum system deflection of L/180 as measured at the rib (web) of the panel. C. Underwriters’ Laboratories, Inc., (UL) fire resistance A ratings for roof assemblies. Underwriters’ Laboratories, Inc., (UL) Class A fire rated materials per UL 790. D. ASTM E283: Static pressure air infiltration: Pressure Leakage Rate 1.57 PSF 0.0007 cfm/sq.ft. 6.24 PSF 0.0002 cfm/sq.ft. 20.0 PSF 0.0036 cfm/sq.ft. E. Water penetration (dynamic pressure): No water penetration, other than condensation, when exposed to dynamic rain and 70 mph wind velocities for not less than five minutes duration, when tested in accord with principles of ASMA 501.1. F. Capacities for gauge, span or loading other than those tested may be determined by interpolation of test results within the range of test data. Extrapolation for conditions outside test range are not acceptable. G. Cool Roof Features: a. Aged Solar Reflectance = 0.20 or higher b. Thermal Emittance = 0.75 or higher c. SRI+ = 106 (initial) / 97 (3 years) d. CRFC ID product = 0700-0028 1.11 WARRANTIES A. The City of Ukiah shall receive ONE WARRANTY from the Roofing Manufacturer covering all of the following criteria. Multiple warranties are NOT acceptable: 1. Manufacturer’s 30 year no dollar limit (NDL) watertight warranty. 2. Manufacturer’s warranty shall be a total systems warranty for a complete weatherproof class (A) fire rated standing seam metal roofing assembly. The Roof Manufacturer further warrants that the roof system will not leak due to manufacturing defects or defective workmanship by the installation contractor. 3. The Roofing Manufacturer will pay all authorized costs of repairs to the roofing system necessary to stop any leaks caused by defective materials or workmanship that occur within thirty (30) years from the final completion date, with no dollar cost limit to the City of Ukiah Page 294 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Metal Roofing Panels 07410 Page - 6 4. Pre-finished metal material shall require a written thirty (30) year non-prorated warranty covering fade, chalking and film integrity. The material shall not show a color change greater than 5 NBS color units per ASTM D2244 or chalking excess of 8 units per ASTM D659. If either occurs material shall be replaced per warranty, at no cost to the City of Ukiah. 1.12 PRE-INSTALLATION CONFERENCE A. Conduct pre-installation meeting at project site before each construction activity that required coordination with installation of preformed metal roofing system. B. The Roofing and Substrate Installer, a Representative from the Garlands Technical Team and an Engineering Representative for the City of Ukiah shall be present. C. Advise the City of Ukiah of scheduled meeting dates a minimum of fourteen (14) days in advance. D. Review progress of other construction activities and preparations for particular activity under construction at each pre-installation conference. E. Record significant discussions and agreements/disagreements of each conference, along with approved schedule. Distribute record of meeting to everyone concerned, promptly, including the City of Ukiah and their Project Representative. F. Do not proceed if conference cannot be successfully concluded. Initiate whatever actions are necessary to resolve impediments to performance of work and reconvene conference at earliest feasible date. PART 2 – PRODUCTS 2.1 MATERIALS A. Metal Roofing System: 1. Whenever a particular make of material, trade name and/or manufacturer’s name is specified herein, it shall be regarded as being indicative of the minimum standard of quality required. B. Panel Material: 1. Garland 22-gauge G-90 Galvanized Steel R-Mer Span Standing Seam Panels: a. Panel Width = 18” b. Standing Seam Height = 23/8” c. Standing Seam Width = 1” 2. ASTM ASTM A 653/A 653M G-90 galvanized steel. 3. High gloss, factory painted Kynar 500 fluorocarbon Mocha finish (30 year warranty). C. Gutter and Downspout Material: 1. Roof Gutters & Downspouts shall be fabricated from Garland 22-gauge G-90 Galvanized Steel R-Mer SS Sheet Stock. 2. ASTM A 653/A 653M G-90 galvanized steel. 3. High gloss, factory painted Kynar 500 fluorocarbon Mocha finish to match R-Mer Span Roof Panels of same type kind and quality (30 year warranty). Page 295 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Metal Roofing Panels 07410 Page - 7 D. Finish on surfaces: 1. Exposed surfaces on Steel: Metal roofing, gutters, ridge caps, drip stiffener, and flashing components shall receive factory applied Kynar 500 paint finish Mocha Color. 2. Coating system shall provide nominal 1.0 mil dry film thickness, consisting of primer and color coat. E. Characteristics: 1. Configuration: Standing seams incorporating mechanically interlocked, concealed anchor clips allowing unlimited thermal movement only in longitudinal direction of the panel and of configuration which will prevent entrance or passage of water: a. Panel/Cap configuration must have a total of four (4) layers of steel surrounding anchor clip for prevention of water infiltration and increased system strength designed to limit potential for panel blow-off. b. Profile of panel shall have mesa’s every ½” o.c. continuous throughout panel which are a minimum of 1.5” wide. These will absorb thermal stresses, reduce oil canning in panel and increase load carrying capacity. c. Exposed fasteners, screws and/or roof mastic is unacceptable and will be rejected. System configuration only allows for exposed fasteners at panel overlap (if required) and trim details (as per manufacturer’s guidelines). d. Panels must be furnished in continuous lengths from ridge to eave with no overlaps unless approved by manufacturer to length of run. 2. Seam must be 2-3/8” height for added upward pressures and aesthetic appeal. Seam shall have continuous anchor reveals to allow anchor clips to resist positive and negative loading and allow unlimited expansion and contraction of panels due to thermal changes. Integral (not mechanically sealed) seams are not acceptable. 3. Concealed Anchor Clips: Clips must be 16 gauge, 40,000 p.s.i. (G-90 galvanized steel) ONE (1) piece clip with projecting legs for additional panel alignment and provision for unlimited thermal movement in each direction along the longitudinal dimension: a. Two-piece (2) clips are NOT acceptable. b. Clip design must isolate sealant in panel cap from clip to insure that no sealant damage occurs from the clip during expansion and contraction. c. Clip must maintain a clearance of a minimum of 3/8” between panel and substrate for proper ventilation to help prevent condensation on underside of panel and eliminate the contact of panel fastener head to panel. 4. Seam cap: Snap-on cap shall be a minimum of 1” wide “T” shaped of continuous length up to 45 feet accordingly to job condition and field seamed by means of manufacturer’s standard seaming machine: a. Cap shall be designed to receive continuous double bead of hot applied, foamed in place gasketing sealant which will not come in contact with the anchor clip to allow unlimited thermal movement of panel without damage to cap sealant. b. Sealant shall be non-fatigue, nitrogen injected water barrier. 5. Panels shall be of a symmetrical design with snap on cap configuration such that individual panels may be removable for replacement without removing adjacent panels. 6. Panel ends shall be panned at ridge, headwall, and hip conditions where applicable. Page 296 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Metal Roofing Panels 07410 Page - 8 F. Accessories: 1. Gable anchor clips: Standing Seam styles galvanized minimum thickness 16 gauge. 2. Fasteners: a. Concealed fasteners: Corrosion resistant fasteners designed to meet structural loading requirements. The normal minimum fastener size shall be as indicated by the Roofing Manufacturer. 3. Closures: Factory pre-cut closed cell foam meeting ASTM D3575-93 a cross- linked closed cell polyolefin foam, enclosed in metal channel matching panels when used at hip and ridge. 4. Panel joint (end lap) sealant: Non-curing modified isobutylene tri-polymer tape of thickness to fully adhere to both surfaces being joined with indicated service life of 30 years. 2.2 ACCESSORY PRODUCTS A. Sealant: 1. Acceptable products: a. Concealed Application: PT1-707, Bostik Chem-Calk butyl sealant or Equal. b. Exposed Application: The Garland Company, Tuff Stuff or Equal. B. Underlayment: 1. Garland R-Mer Seal or approved equivalent 40 mil minimum high temperature peal and stick underlay suitable for vertical applications at curbing and parapet walls. 2. Underlayment shall be applied over the Dens Deck Board per Section 07220 and extend up all curbing, parapet walls and over rake wall and eave trim / fascia boards prior to placement of hat channels. 2.3 FABRICATION - GENERAL A. Shop fabricate metal roofing, gutter, and flashing components to the maximum extent possible, forming metal work with clear, sharp, straight, and uniform bends and rises. Hem exposed edges of flashings. B. Form flashing components and gutters from full single width sheet in minimum 10’-0” sections. Provide mitered corners, joined using closed end pop rivets and joint sealant. C. Fabricate roofing and related sheet metal work in accordance with the approved shop drawings and applicable standards. 2.4 FABRICATION – ROOF GUTTERS & DOWNSPOUTS A. Roof Gutters & Downspouts shall be fabricated from 22-gauge ASTM A 653/A 653M G-90 Galvanized Steel - Garland R-Mer SS Sheet Stock B. High gloss, factory painted Kynar 500 fluorocarbon Mocha finish to match R-Mer Span Roof Panels of same type kind and quality (30 year warranty). C. Fabrication of Roof Gutters & Downspout per Garland’s Site Specific Drawing Sheet Details and Garland’s Shop Drawing Submittal Installation Support Package Details: 1. Gutter Joint Lap Details (Trim-1.6 through Trim-1.9) and Butt Joint Expansion Joint Detail (GEJ-1) 2. Downspout RA Assembly Details (DS-1.1 through DS3.1) Page 297 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Metal Roofing Panels 07410 Page - 9 D. Install expansion joints on all gutter lines exceeding 50’-0” in length per SMACNA standard recommendations and Garland Butt Joint Expansion Joint Detail (GEJ-1). E. Gutters shall be fabricated and installed to maintain a level to a 1/8” in 12” negative downward slope to the Downspout Inlets. F. Downspouts shall be located at existing storm drain inlets with a watertight premanufactured or fabricated sheet metal coupler joint attached to the existing 4” diameter inlet lines. PART 3 – EXECUTION 3.1 PREPARATION A. Examine the alignment and placement of the building structure and substrate. Correct any objectionable warp, waves or buckles in the substrate before proceeding with installation of the preformed metal roofing. The installed roof panels will follow the contour of the structure and may appear irregular if not corrected. B. Establish straight side and crosswise benchmarks. C. Use proper size and length fastener for strength requirements. Approximately 5/16” is allowable for maximum fastener head diameter size beneath the panel. D. Pre-roofing conference: Prior to beginning metal roofing work, a pre-roofing conference shall be held to review work to be accomplished. 1. Contractor, metal roofing subcontractor, metal roofing system manufacturer’s representative, representative for the City of Ukiah and all other subcontractors who have equipment penetrating the roof or whose work involves access to roof shall be present. 3.2 ERECTION TOLERANCES A. Installation Tolerances: Shim and align metal roof panel units within installed tolerance of (1/4 inch in 20 feet; 3/8” in 40’-0” or more) on slope and location lines as indicated and with 1/8 inch offset of adjoining faces and of alignment of matching profiles. 3.3 ROOFING AND FLASHING INSTALLATION A. All roofing and flashing details will be shown on the roofing manufacturer’s shop drawings and shall be included in the project documents. Install all roofing and flashings in accordance with the approved shop drawings, roofing manufacturer’s product data and within the specified erection tolerances. B. Garland R-Mer Underlayment, or an approved equivalent underlayment shall be applied over the Dens Deck Board per Section 07220 and extend up all curbing, parapet walls and over rake wall and eave trim / fascia boards prior to placement of hat channels and sheet metal flashing. C. Install 16 gauge steel fabricated hat channels, roofing manufacturer supplied 16 gauge one piece panel clips and panel clip shims as needed to provide an even panel seam height and alignment within the specified project tolerances. Hat Channels shall be fastened to the structural roof members and spaced in accordance to the Project Specific Drawing Sheets and Detail Sheets prepared by the Roofing Manufacture. Hat channels shall not be directly fastened to the plywood roof decking without approved allowable strength and pull out data for the plywood connection as supplied by an approved third party testing laboratory and approved by the Roofing Manufacturer. Page 298 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Metal Roofing Panels 07410 Page - 10 D. Installation of Roof Panels: 1. Roof panels can be installed by starting from either end and working towards the opposite end. Due to the symmetrical design of the specified panel system, it is also acceptable to start from the middle of the roof and work toward each end. 2. A stainless steel pop rivet, as required, shall be secured through the anchor reveal of the panel leg and extend into the arms of the panel clip located at the ridge of the system. This is done at each arm of the clip along the ridge. The panel is then anchored at both sides of the clip. Be sure to capture all drilling debris during this operation with a rag or cloth placed on the panels at the drilling operation. 2. The seam caps are shipped with two rolls of factory applied hot melt sealant located inside the caps. To install the caps, hook one side of the cap over the panel edge and rotate over the opposite panel leg. For ease of installation, start at one end of the panel and work toward the opposite end. 3. A hand crimping tool is used to crimp the cap around the top of two adjacent panels. Caps shall then be permanently seamed with manufacturer’s mechanical seamer. E. Isolate dissimilar metals from metals with bituminous coating. Use gasketed fasteners where required to prevent corrosive action between fastener, substrate, and panels. F. Limit exposed fasteners to extent indicated on shop drawings. G. Anchorage shall allow for temperature expansion/contraction movement without stress or elongation of panels, clips, or anchors. Attach clips to structural substrate using fasteners of size and spacing as indicated on drawings to resist specified uplift and thermal movement forces. H. Seal laps and joints in accordance with roofing system manufacturer’s product data. Coordinate flashing and sheet metal work to provide weathertight conditions at roof terminations in accordance with standards of SMACNA Manual. I. Provide temperature expansion/contraction movement of panels at roof penetrations and roof mounted equipment in accordance with system manufacturer’s product data and design calculations. J. Installed system shall be true to line and plane and free of dents, and physical defect s with a minimum of oil canning and within the applicable erection tolerances: Maximum variation from true planes or lines: ¼” in 20’-0”; 3/8” in 40’-0” or more. K. Form joints in linear sheet metal to allow for ¼” minimum expansion at 20’-0” o.c. maximum and 8’-0” from corners. L. At joints in linear sheet metal items, set sheet metal items in two ¼” beads of butyl sealant. Extend sealant over all metal surfaces. Mate components for positive seal. Allow no sealant to migrate onto exposed surfaces. M. Remove damaged work and replace with new, undamaged components. N. Touch up exposed fasteners using paint furnished by roofing panel manufacturer and matching exposed panel surface finish. 3.4 FIELD QUALITY CONTROL A. Inspection will involve surveillance of work during installation to ascertain compliance with Roof Manufacturer’s project site specific sheet drawings, details, specifications and installation tolerance specified for the roofing system. A Roofing Manufacturer’s Representative shall inspect the work a minimum of 2 days per work week. Page 299 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Metal Roofing Panels 07410 Page - 11 3.5 CLEANING A. To prevent rust staining on finished surfaces, immediately remove filings produced by drilling or cutting. Clean all exposed surfaces of roofing and accessories daily after completion of work. B. Touch up minor abrasions and scratches in finish. Touch up exposed fasteners using paint furnished by roofing panel manufacturer and matching exposed panel surface finish. Remove all scrap and construction debris from the site. 3.6 FINAL INSPECTION A. Final inspection will be performed by a Garland Representative, the City of Ukiah or their Representative in accordance with general requirements. PART 4 - OWNER SUPPLIED MATERIALS 4.1 MATERIAL QUANTITIES A. Contractor must include in their base bid any additional materials to complete the roofing project. Contractor must provide all labor to install owner-supplied materials as part of their bid. All materials not specifically included in the owner-supplied materials section will be the responsibility of the contractor to provide and install in compliance with sections 07220, 0741 and 07620. Freight charges of Owner supplied materials will be the responsibility of the Owner. Contractor must take delivery of materials, properly cover and store at jobsite or their shop. Contractor must be able to provide certification in writing from roof system manufacturer that the contractor is approved to install the specified roof system and provide all warranty requirements of sections 0741 and 07620. The Owner will supply the materials and quantities as listed in section 01640. END OF SECTION Page 300 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Flashing & Sheet Metal 07620 Page - 1 DIVISION 07 – THERMAL & MOISTURE PROTECTION SECTION 07620 - SHEET METAL AND FLASHING PART 1 – GENERAL 1.1 RELATED DOCUMENTS A. Project sheet drawings, details, specifications, addenda and general provisions of the Contract, including Contract General Conditions and Supplementary General Conditions and other Division 1 Specification Sections apply to this Section. B. Related Sections: 1. Section: 01100 - Summary of Work 2. Section: 01250 – Substitution Procedures 3. Section: 01330 – Submittal Procedures 4. Section: 01640 - Owner Furnished Contractor Installed Materials 5. Section: 02010 - Selective Demolition 6. Section: 06100 - Miscellaneous Carpentry 7. Section: 07220 - Roof Deck Board 8. Section: 07410 - Metal Roofing Panels – Standing Seam 1.2 Summary A. Section includes material, fabrication and installation specifications for sheet metal and roofing flashing, trim, closures, curbing, caps, coping, gutters, downspouts, gable wall roof beam end caps and required accessories as specified in the project contract documents for installation of a complete and weatherproof class (A) fire rated standing seam steel roofing assembly. B. Items specified in this section are applicable whether shown or not. C. Fabricated sheet metal items, including flashings, counter flashings, and other items in conformance with the project specification, drawings and details as follows: 1. Metal edge system with continuous cleats. 2. Flashing & Counterflashing 3. Hat Channels 4. Valley and Ridge trim Assemblies 5. Eave Closures Assemblies 6. Coping, Curbing and Parapet Wall sheet metal and flashing 7. Ridge Caps and Rake Trim 8. Roof Gutters with Expansion Joints, Downspouts & Drains 9. Roof Beam End Caps at Gable Walls 10. All other items as indicated in the project contract documents for installation of a complete and weatherproof class (A) fire rated standing seam steel roofing assembly. Page 301 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Flashing & Sheet Metal 07620 Page - 2 1.3 SUBMITTALS A. Submittals shall be prepared in accordance to Section 01330 – Submittal Procedures. B. Shop Drawings: 1. submit shop drawings for manufactured and installer fabricated flashing, counterflashing, fascia, trim, capping, gutters, downspouts roof beam end caps and all other sheet metal fabrications as required for the installation of a complete and weatherproof class (A) fire rated steel standing seam roof. 2. Indicate material type and gauge, finish of material, profile and dimensioning, jointing pattern, jointing details, terminations, fastening methods, fastener type, specified underlayments and installation details. C. Product data: Provide manufacturer's specification data sheets for each product 1. Metal material characteristics and installation specifications. 2. Submit color chart prior to material ordering and/or fabrication so that equivalent colors to those specific can be approved. 3. Fastener type, materials and installation specifications. D. Samples: 1. Submit two samples 8x10 inch in size illustrating metal finish color. 2. Submit two samples, 12 x 12 inch in size illustrating typical external corner, internal corner, and valley, junction to vertical dissimilar surface, material and finish. E. Certification: 1. Submit roof manufacturer's certifications that metal fasteners furnished are acceptable to roof manufacturer. 2. Submit roof manufacturer's certification that metal furnished is acceptable to roofing manufacturer as a component of roofing system and is eligible for roof manufacturer's system warranty. 3. Submit certification that metal and fastening system furnished is Tested and Approved by Factory Mutual for 1-90 Wind Up-Lift Requirements. F. Proof of contractor, fabricator and installer qualification certification from the Roofing Manufacture for the application of the roofing system and associated sheet metal fabrication / flashing installation. G. ANSI-SPRI ES-1 test results for all coping and edge metal. H. Installer shop drawings and one installed mock-up end beam cap required for Gable Walls – Roof Beam End Caps Per Section 07620-2.4 1.4 WARRANTIES A. The City of Ukiah shall receive ONE WARRANTY from the Roofing Manufacturer covering all of the following criteria. Multiple warranties are NOT acceptable: 1. Manufacturer’s 30 year no dollar limit (NDL) watertight warranty. 2. Manufacturer’s warranty shall be a total systems warranty for a complete weatherproof class (A) fire rated standing seam metal roofing assembly. The Roof Manufacturer further warrants that the roof system will not leak due to manufacturing defects or defective workmanship by the installation contractor. Page 302 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Flashing & Sheet Metal 07620 Page - 3 3. The Roofing Manufacturer will pay all authorized costs of repairs to the roofing system necessary to stop any leaks caused by defective materials or workmanship that occur within thirty (30) years from the final completion date, with no dollar cost limit to the City of Ukiah 4. Pre-finished metal material shall require a written thirty (30) year non-prorated warranty covering fade, chalking and film integrity. The material shall not show a color change greater than 5 NBS color units per ASTM D2244 or chalking excess of 8 units per ASTM D659. If either occurs material shall be replaced per warranty, at no cost to the City of Ukiah. 1.5 QUALITY ASSURANCE A. Perform work in accordance with SMACNA Architectural Sheet Metal Manual requirements, except as otherwise indicated. 1. Factory Mutual Loss Prevention Data Sheet 1-49 windstorm resistance: 1-90. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver materials in manufacturer's original, unopened containers or packages with labels intact and legible. B. Stack material to prevent twisting, bending, and abrasion, and to provide ventilation. Slope metal sheets to ensure drainage. C. Prevent contact with materials that could cause discoloration or staining. PART 2 - PRODUCTS 2.1 SHEET MATERIALS A. Sheet Metal Material: 1. Garland 22-gauge G-90 Galvanized Steel R-Mer SS Sheet Stock 2. ASTM A 653/A 653M G-90 galvanized steel. 3. High gloss, factory painted Kynar 500 fluorocarbon Mocha finish to match R-Mer Span Roof Panels of same type kind and quality. B. Should the bidder wish to propose an alternate manufacturer and/or material than that specified, Section 1250 – Substitute Procedures must be followed for approval. C. The City of Ukiah decision regarding substitutions will be considered final. Unauthorized substitutions will be rejected 2.2 ACCESSORIES A. Fasteners: 1. Corrosion resistant screw fastener as specified by the Roofing Manufacturer. Exposed fasteners shall have the same finish as the pre-manufactured roofing panels. 2. Fastening shall conform to Factory Mutual 1-90 requirements or as stated on the section details, whichever is more stringent. B. Plastic Cement: ASTM D 4586, Type I. Page 303 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Flashing & Sheet Metal 07620 Page - 4 2.3 FABRICATION - GENERAL A. Fabricate in accordance with referenced standards. Form sections true to shape, accurate in size, square, and free from distortion or defects. Form pieces as recommended by SMACNA standard for conditions required. 1. Provide reinforcements and supports as required for secure anchorage. 2. Make joints rigid. Seams mechanically strong and soldered or sealed to make watertight 3. Fabricate corners in one piece with legs extending 30-inches each way to field joint. Lap, rivet, and solder or seal corner seams watertight. 4. Turn up "end dam" flanges at ends of opening sill flashing pieces, lap with wall flashing and membranes to shed water. 5. Fabricate cleats of same material as sheet, minimum 3/4 inches wide, interlockable with sheet. 6. Hem exposed edges on underside 1/2 inch; miter and seam corners. B. Form pieces in longest possible lengths. C. Hem exposed edges on underside 1/2 inch; miter and seam corners. D. Form material with flat lock seams, except where otherwise indicated. At moving joints, use sealed lapped, bayonet-type or interlocking hooked seams. E. Fabricate corners from one piece with minimum 18 inch long legs; seam for rigidity, seal with sealant. F. Fabricate vertical faces with bottom edge formed outward 1/4 inch (6 mm) and hemmed to form drip. 2.4 FABRICATION - ROOF BEAM END CAPS - GABLE WALLS A. Gable wall roof beam end caps shall be fabricated from Garland 22-gauge G-90 Galvanized Steel R-Mer SS Sheet Stock. 1. ASTM A 653/A 653M G-90 galvanized steel. 2. High gloss, factory painted Kynar 500 fluorocarbon Mocha finish to match R-Mer Span Roof Panels of same type kind and quality. B. Top, sides and end of all exposed gable roof beam ends shall be covered with Garland R-Mer Seal or approved equivalent vertically applied peal and stick underlayment with mechanical anchorage as required and specified by the manufacture prior to the application of the roof beam end caps. C. Shop drawings for all roof beam end caps must be submitted, reviewed and approved by the City of Ukiah or approved City Representative prior to the fabrication of the remaining roof beam end caps. D. One roof beam end cap mock up shall be installed and approved by the City of Ukiah or approved City Representative prior to the fabrication of the remaining roof beam end caps. 2.5 FABRICATION – ROOF GUTTERS & DOWNSPOUTS A. Roof Gutters & Downspouts shall be fabricated from Garland 22-gauge G-90 Galvanized Steel R-Mer SS Sheet Stock. 1. ASTM A 653/A 653M G-90 galvanized steel. 2. High gloss, factory painted Kynar 500 fluorocarbon Mocha finish to match R-Mer Span Roof Panels of same type kind and quality (30 year warranty). Page 304 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Flashing & Sheet Metal 07620 Page - 5 B. Fabrication of Roof Gutters & Downspout per Garland’s Site Specific Drawing Sheet Details and Garland’s Shop Drawing Submittal Installation Support Package Details: 1. Gutter Joint Lap Details Trim-1.6 through Trim-1.9) 2. Gutter Butt Joint Expansion Joint Detail (GEJ-1) 3. Downspout RA Assembly Details (DS-1.1 through DS3.1) C. Install expansion joints on all gutters exceeding 50’-0” length per SMACNA standard recommendations and Garland Butt Joint Expansion Joint Detail (GEJ-1). D. Gutters shall be fabricated to maintain as level to a 1/8” in 12” negative slope to the Downspout Inlets. E. Downspouts shall be located at existing storm drain inlets with a watertight premanufactured or sheet metal fabricated coupler joint to the existing 4” diameter inlet lines. 2.6 EDGE METAL SYSTEM AND METAL COPING SYSTEM A. ANSI SPRI ES-1 Pre Manufactured Coping system ANSI SPRI ES-1 tested and certified. 2.7 ROOF-RELATED SHEET METAL AND FLASHINGS A. Roof-Related Sheet Metal and Flashings: As indicated, as specified in related sections, as required by roofing material manufacturers and referenced standards. Coordinate work of this section with related sections. Provide complete systems without conflict or omission. PART 3 - EXECUTION 3.1 EXAMINATION A. Inspect and clean all surfaces to receive flashing prior to installation. Commencement is indication of acceptance of condition B. Coordinate with affected trades work to be installed under their supervision. C. Verify roof openings, curbs, pipes, sleeves, ducts, and vents through roof are solidly set, reglets in place, and nailing strips located. D. Verify roofing termination and base flashings are in place, sealed, and secure. E. Beginning of installation means acceptance of existing conditions. F. Field measure site conditions prior to fabricating work. 3.2 PREPARATION A. Install starter and edge strips, and cleats before starting installation. B. Back paint concealed metal surfaces with protective backing paint to a minimum dry film thickness of 15 mil. 3.3 INSTALLATION A. Install work watertight, without waves, warps, buckles, fastening stress, or distortion, allowing for expansion and contraction. Conform to referenced standards. Make metal joints watertight. Page 305 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Flashing & Sheet Metal 07620 Page - 6 B. Fastening of metal to walls and wood blocking shall comply with SMACNA Architectural Sheet Metal Manual, Factory Mutual 1-90 wind uplift specifications and/or manufacturer's recommendations whichever is of the highest standard. C. All accessories or other items essential to the completeness of sheet metal installation and water tight envelope of the building, whether specifically indicated or not, shall be provided. D. Reglets: Install in accordance with manufacturer’s installation instructions. E. Metal fascia and copings shall be secured to wood nailers at the bottom edge with a continuous cleat. Cleats shall be at least one gauge heavier than the metal it secures. F. Install Sheet Membrane Waterproofing at closure flanges, under metal copings, caps and platforms; fully adhered, free of voids, blisters and buckling; roll as soon as practical following layout. Minimize exposure time to that period recommended by the manufacturer. G. Flashing: Joints at 10-foot maximum spacing and at 2-1/2-feet from corners. Butt joints with 3/16-inch space centered over matching 8-inch long backing plate with sealer tape in laps. H. Flanged flashings and roof accessories: Set on continuous sealer tape. Nail flanges through sealer tape and at 3-inch maximum spacing. I. Isolate metal from dissimilar metal with 2 coats of specified asphaltic paint, sealer tape or other approved coating, specifically made to stop electrolytic action. Use only stainless steel fasteners to connect isolated dissimilar metals. J. Joints, fastenings, reinforcements and supports: Sized and located as required to preclude distortion or displacement due to thermal expansion and contraction. Conceal fastenings wherever possible. K. Secure flashings in place using concealed fasteners. Use exposed fasteners only where permitted. L. Flexible Flashing Installation: 1. Prime substrates as recommended by flexible flashing manufacturer and allow to dry. 2. Install flexible flashings in maximum feasible lengths to minimize lap joints. 3. Peel release paper from roll to expose rubberized asphalt and position flashing to center over joint location before applying. Move along opening or joint, being careful to put flashing as evenly as possible over the opening. Avoid fishmouths. 4. Press flashing firmly into place with heavy hand pressure. Ensure continuous and intimate contact with substrate. 5. If wrinkles develop, carefully cut out affected area and replace as outlined above. M. Apply plastic cement compound between metal flashings and felt flashings. N. Fit flashings tight in place. Make corners square, surfaces true and straight in planes, and lines accurate to profiles. O. Seal prefinished metal joints watertight. P. Solder other metal joints for full metal surface contact. After soldering, wash metal clean with neutralizing solution and rinse with water. Q. Install roof drains per manufacturer’s recommendations. R. Repair and replace damaged Work, or Work of poor or unacceptable workmanship, as determined by the industry standards cited, or as determined to be in non-conformance with the project plans, specification and details. Page 306 of 500 Division 07 – Thermal & Moisture Protection Grace Hudson Museum Re-Roof Flashing & Sheet Metal 07620 Page - 7 3.4 FIELD QUALITY CONTROL A. Inspection will involve surveillance of work during installation to ascertain compliance with specified requirements. Manufacturer’s representative shall inspect the work a minimum of 2 days per work week. B. Tolerances 1. Exposed surfaces: Free of dents, scratches, abrasions, or other visible defects; clean, ready for painting. 2. Set flashings and sheet metal to straight, true lines with exposed faces aligned in plane as indicated. 3.5 SHOP FABRICATED SHEET METAL A. Installation Contractor shall be responsible for determining all sheet metal systems are in conformance with the project and roof manufacturer's plans, drawings and details. B. Metal work shall be shop fabricated to configurations and forms in accordance with recognized sheet metal practices. C. Hem exposed edges. D. Angle bottom edges of exposed vertical surfaces to form drip. E. All corners for sheet metal shall be lapped with adjoining pieces fastened and set in sealant. F. Joints for gravel stop fascia system, cap flashing, and surface-mount counterflashing shall be formed with a 1/4" opening between sections. The opening shall be covered by a cover plate or backed by an internal drainage plate formed to the profile of fascia piece. The cover plate shall be embedded in mastic, fastened through the opening between the sections and loose locked to the drip edges. G. Install sheet metal to comply with Architectural Sheet Metal manual, Sheet Metal and Air Conditioning Contractor's National Associations, Inc. PART 4 - OWNER SUPPLIED MATERIALS 4.1 MATERIAL QUANTITIES A. Contractor must include in their base bid any additional materials to complete the roofing project. Contractor must provide all labor to install owner-supplied materials as part of their bid. All materials not specifically included in the owner-supplied materials section will be the responsibility of the contractor to provide and install in compliance with sections 07220, 0741 and 07620. Freight charges of Owner supplied materials will be the responsibility of the Owner. Contractor must take delivery of materials, properly cover and store at jobsite or their shop. Contractor must be able to provide certification in writing from roof system manufacturer that the contractor is approved to install the specified roof system and provide all warranty requirements of sections 07410 and 07620. The Owner will supply the materials and quantities as listed in section 01640. END OF SECTION Page 307 of 500 SHOP DRAWING SUBMITTAL INSTALLATION SUPPORT PACKAGE 8 1/2” x 11” spiral bound attachment ● (SC) Panel System Components Tab ● (PS) Panel System Installation Support Tab ● (RA) Roof Application Support Tab ● (FT) Field Transition Support Tab ARCHITECTURAL REVIEW CUSTOM ENGINEERED 11” X 17” SHOP DRAWINGS DEVELOPED SPECIFICALLY FOR THIS PROJECT’S DESIGN CONCEPT & REVIEW ● START AT THE YELLOW SECTION TAB ● Provided by: The Garland Company, Inc. Manufacturer of High Performance Roofing and Building Envelope Solutions 4648 S. Old Peachtree Road | Norcross, GA 30071 · Phone: (770) 908-1030 | (800) 949-7637 · Fax: (770) 908-2264 · www.garlandco.com Page 308 of 500 Page 309 of 500 Page 310 of 500 Page 311 of 500 Page 312 of 500 Page 313 of 500 Page 314 of 500 Page 315 of 500 Page 316 of 500 Page 317 of 500 Page 318 of 500 Page 319 of 500 Page 320 of 500 Page 321 of 500 Page 322 of 500 Page 323 of 500 Page 324 of 500 Page 325 of 500 Page 326 of 500 Page 327 of 500 Page 328 of 500 Page 329 of 500 Page 330 of 500 Page 331 of 500 Page 332 of 500 Page 333 of 500 Page 334 of 500 Page 335 of 500 Page 336 of 500 Page 337 of 500 Page 338 of 500 Page 339 of 500 Page 340 of 500 Page 341 of 500 Page 342 of 500 Page 343 of 500 Page 344 of 500 Page 345 of 500 Page 346 of 500 Page 347 of 500 Page 348 of 500 Page 349 of 500 Page 350 of 500 Page 351 of 500 Page 352 of 500 Page 353 of 500 Page 354 of 500 Page 355 of 500 Page 356 of 500 Page 357 of 500 Page 358 of 500 Page 359 of 500 Page 360 of 500 Page 361 of 500 Page 362 of 500 Page 363 of 500 Page 364 of 500 Page 365 of 500 Page 366 of 500 Page 367 of 500 Page 368 of 500 Page 369 of 500 Page 370 of 500 Page 371 of 500 Page 372 of 500 Page 373 of 500 Page 374 of 500 Page 375 of 500 Page 376 of 500 Page 377 of 500 Page 378 of 500 Page 379 of 500 Page 380 of 500 Page 381 of 500 Page 382 of 500 Page 383 of 500 Page 384 of 500   Page 385 of 500 FINISH SPECIFICATIONS: FOR REVIEW ROOF PANEL: R-MER SPAN Page 386 of 500 INSTALLATION SUPPORT TAB (R A ) ALL ROOF DIMENSIONS MUST BE FIELD VERIFIED FOR REVIEW INSTALLATION SUPPORT TAB (R A ) INSTALLATION SUPPORT TAB (R A ) INSTALLATION SUPPORT TAB (R A ) INSTALLATION SUPPORT TAB (R A ) INSTALLATION SUPPORT TAB (R A ) INSTALLATION SUPPORT TAB (R A ) INSTALLATION SUPPORT TAB (R A ) INSTALLATION SUPPORT TAB (R A ) INSTALLATION SUPPORT TAB (R A ) Page 387 of 500 INSTALLATION SUPPORT TAB (S C ) INSTALLATION SUPPORT TAB (P S ) INSTALLATION SUPPORT TAB (S C ) INSTALLATION SUPPORT TAB (S C ) INSTALLATION SUPPORT TAB (P S ) INSTALLATION SUPPORT TAB (S C ) INSTALLATION SUPPORT TAB (S C ) INSTALLATION SUPPORT TAB (P S ) INSTALLATION SUPPORT TAB (P S ) INSTALLATION SUPPORT TAB (P S ) INSTALLATION SUPPORT TAB (S C ) INSTALLATION SUPPORT TAB (S C ) INSTALLATION SUPPORT TAB (P S ) INSTALLATION SUPPORT TAB (P S ) INSTALLATION SUPPORT TAB (P S ) INSTALLATION SUPPORT TAB (P S ) INSTALLATION SUPPORT TAB (S C ) INSTALLATION SUPPORT TAB (P S ) INSTALLATION SUPPORT TAB (P S ) INSTALLATION SUPPORT TAB (S C ) INSTALLATION SUPPORT TAB (P S ) INSTALLATION SUPPORT TAB (S C ) INSTALLATION SUPPORT TAB (S C ) INSTALLATION SUPPORT TAB (P S ) INSTALLATION SUPPORT TAB (P S ) INSTALLATION SUPPORT TAB (P S ) INSTALLATION SUPPORT TAB (S C ) INSTALLATION SUPPORT TAB (S C ) INSTALLATION SUPPORT TAB (P S ) INSTALLATION SUPPORT TAB (S C ) FOR REVIEW ONLY- ONLY- PROTECT PAINT FINISH Page 388 of 500 Page 389 of 500 NO. C-014042 8/22/2021 T H O M ASHI S ELICENSEDARCHIT E C T S T A T EOF CA L I F O R NIA PR I N T E R T R I M S H E E T A F T E R S T A P L I N G I N T O D R A W I N G S E T 7 / 27 / 2020 DATE REVISIONS A1.1 PAGE DRAWING SYMBOLS5 SHEET INDEX1 PROJECT DATA2 DESCRIPTION OF WORK 8 VICINITY MAP 4 SCHEMATIC SITE PLAN Scale: 1" = 50'-0" N M A I N S T R E E T GRACE HUDSON HOME "EXT'G GARAGE GARDEN PAR K I N G ENTRY DRIVE MUSEUM RE-ROOF PROJECT WALL WITH WINDOW WALL WITH DOOR FACE-OF-STUD TO FACE-OF-STUD FACE-OF-STUD TO CENTER LINE OF STUD FACE-OF-STUD TO FACE OF FINISH PARTIAL HEIGHT WALL NEW WALL MASONRY / CONC WALL DEMO EXIST'G WALL # # # # # # # # # HIDDEN LINE (BELOW OR ABOVE) GRID LINE DETAIL CUT w/ DRW'G & PAGE SECTION ELEVAT'N w/ DRW'G & PAGE SECTION CUT w/ DRW'G & PAGE ELEVATION VIEW w/ DRW'G & PAGE DATUM LINE / POINT ACCESSIBLE or EXIT'G PATH EXIST'G WALL CONTACT Project Name Grace Hudson Museum / Re-Roof Project Address 431 South Main Street Ukiah, CA 95482 APN 002–281–26 & 27 Zoning PF-Public Facility Permitting Agency City of Ukiah / Building & Code Enforcement Services 300 Seminary Avenue Ukiah, CA 95482 Phone: (707) 463–6206 CODE ANALYSIS Building Code Edition CBC 2019 Construction Type Type V-B Sprinklers (Built as V-N w/ Sprinklers) Roof Rating Class "A" Energy Compliance Nonresidential Compliance Manual 2019 Building Envelope – Addt'ns & Altert'ns Page 3–76C Roofs (100%) Replacement & o/ (2,000) sqft R14 for Climate Zone 2 "E" Roof Data Exposed Deck Area (4" ave) below metal R-0.9 Vapor Barr R-0.2 (1/2") Plywd R-0.6 (3/4") Air Space R-0.8 (2") R-10 (3") Wood-Lock Deck R-3.5 R-15.2 Roof w/ Attic Fiberglass Batt R-30 UTILITY & SUPPORT Fire District Ukiah Valley Fire Protection District (707) 462–2918 School District Ukiah Unified School District (707) 472–5000 Utilities City of Ukiah Utilities Department BUILDING DATA "E" Building Area First Floor (~11,137) sqft Re-Roof Area (~14,144) sqft (Contractor to Verify) DEFERRED SUBMITTALS Deferred Submittal 1. Insulation Upgrade by Apperson Energy 2. Wind Calculation for Fasteners by D. Jankovski PE 3. Metal Roofing Shop Drawings by Contractor COST DATA Architect's Estimate $390,000 PLUMBING FIXTURE DATE EXIST'G REMOVED NEW ADDED Water Delivery Fixture (0) (0) ATTACHMENTS (n/a) DRAWING SHEETS A1.1 PROJECT DATA A1.2 PROJECT PHOTOS A1 ROOF PLAN, BLDG SECTIONS, & DETAILSs The "Work" of this Project is summarized as follows: The Museum has a "Cor-Ten" Burmuda style metal roof system that is now (35) years old, and has started to leak. The decision has been made to remove that roof, and replace it with a traditional standing seam metal roof, which includes a proven compliment of reliable and time-tested attachment and trim components. The Museum's was built on the grounds of Grace Hudson's residence, and houses a priceless and irreplaceable collection of her art and artifacts of the Pomo people who made this land their home. The City of Ukiah is expecting the highest level of craftsmanship and expertise, and who can bring both to bear on this project. Also, if possible, to execute the work early this Fall. 1. Remove the existing roofing, palatize and secure the Cor-Ten panel components and make ready for the re-use by others. The actual short term storage will be the Museum parking area, and will be coordinated between the Contractro and the Architect in consultation with the Museum staff. The Museum is currently not open to the public, and staff are working from home. 2. Recon and repair any fungus rot or water damaged to the building as needed. This work will be on a time and materials basis, and is further described in the Bidding Docs. Also, the Contractor will make all other repairs and additions to accomodate the new roofing system, including fascia and related building trim and flashings. 3. Prep the roof deck and install the weather barrier. 4. The Contractor will also coordinate with other Owner contracted trades, including insulation, and and attic ventilation. 5. The Contractor will need to supply support items to accomodate workmen, such as restrooms, as maintaining the Museum security is of upmost concern. 6. The Contractor is contractually bound to make available all workman and materials, and proceed to completion except during rain days. 7. The Bid Docs will specify the schedule for pre-construction meetins, responding to Contractor's questions, Bids due date, insurance requirements, selection criteria for evaluating Bids and Contractor's, and other Bidding and Contractual requirements. 7 Page 390 of 500 ENTRY BEAM & FASCIA DETAIL5 EAVE SOFFIT DETAILS8 6 WEST GABLE FASCIA DETAIL7 NO. C-014042 8/22/2021 T H O M ASHI S ELICENSEDARCHIT E C T S T A T EOF CA L I F O R NIA PR I N T E R T R I M S H E E T A F T E R S T A P L I N G I N T O D R A W I N G S E T DATE REVISIONS A1.2 PAGE 7 / 27 / 2020 EAST GABLE FASCIA DETAIL SOUTH ENTRANCE1 NORTH GABLE4 EAST GABLE2 WEST GABLE3 Page 391 of 500 N 048 NO. C-014042 8/22/2021 T H O M ASHI S ELICENSEDARCHIT E C T S T A T EOF CA L I F O R NIA CL I E N T & P R O J E C T AR C H I T E C T U R A L T E A M REVISIONS A1 7 / 27 / 2020 PAGE DATE TH O M A S H I S E A R C H I T E C T S / B U I L D E R 58 0 V i c h y H i l l s D r i v e U k i a h , C A 9 5 4 8 2 P h o n e : 7 0 7 / 7 4 4 - 1 9 2 1 Li c # : C 1 4 0 4 2 & B 3 6 9 7 6 7 e - m a i l : h i s e a i a @ p a c i fi c . n e t CI T Y O F U K I A H / G R A C E H U D S O N M U S E U M Re - R o o f & M i s c R e p a i r s 43 1 S o u t h M a i n S t r e e t U k i a h , C A 9 5 4 8 2 NOTE: USE THIS DETAIL FOR ALL BEAM ENDS, AND ADJUST SIZE ACCORDINGLY. SUBMIT SHOP DRAWINGS TO ARCHITECT FOR REVIEW AND APPROVAL PRIOR TO FABRICAT'N & INSTALLAT'N. 4 A1 TYPICAL ALL ROOF PLAN1 Scale: 1/8" = 1'-0" GABLE END FASCIA REPLACEM'T3 Scale: 1/4" = 1'-0" SCHEMATIC VAULTED BLDG SECTION2A Scale: 1/8" = 1'-0" SCHEMATIC VAULTED BLDG SECTION2B Scale: 1/8" = 1'-0" 6:1 2 6:1 2 5:1 2 5:1 2 (E ) (E ) (E ) (E ) ~5.5:12 (NEW) ~5.5:12 (NEW) BEAM END FLSH'G DETAIL SCALE: 1"=1'-0" 4 SIDE END BOTT BM FLSH'G W/ HEM'D FLANGE ~12"12" 45 1/2 " 3 1 / 2 " 1 1 / 2 " 1 1/2" SIDE FLSH'G W/ HEM'D EDGE & POP RIVIT TOP BM FLSH'G W/ DRIP EDGE W/ HEM'D EDGE WRAP SIDE & BOTT BM W/ BITUTHANE MEMBRANE WRAP CAP FLSH'G O/ SIDE FLSH'G W/ BITUTHANE MEMBRANE (24) GA GALV SHT MET SIDE FLASH'G (24) GA GALV SHT MET CAP FLASH'G SAW CUT FASCIA ASSEMBLY TO ACCOMDATE BITUTHANE, SIDE, & CAP FLASH'G & SET IN POLY URATHANE CAULK "E" 2X WD DECK'G"E" BM END (VERIFY) END FLSH'G W/ HEM'D EDGE & POP RIVIT TO SIDE FLSH'G END FLSH'G W/ HEM'D EDGE & POP RIVIT TO SIDE FLSH'G NEW (4X) FASCIA TO REFLECT NEW ROOF PITCH W/ ON-SITE FITTING NECESSARY. CONTRACTOR TO MOCK-UP FOR ARCHITECT REVIEW & APPROVAL LINE OF "E" MIX'D ROOF PITCH ~30'-7 " 24'-0"12'-0"12'-0" 4'-0" 48'-0" 48'-0" 48 ' - 0 " 48 ' - 0 " 38'-4" 48'-0" 78 ' - 4 1 / 2 " 56 ' - 0 " 14 ' - 6 " VAL L E Y VALLE Y VA L L E Y V A L L E Y RI D G E RI D G E RI D G E RIDGE EXT'G ASSEMBLY: (1/2") CDX PLYWD O/ (2 11/16") WOOD BATTENS @ (24") OC (PARELEL TO RIDGE), W/ AIR SPACE & (2") POLY FOAM IN CAVITY, O/ (3/8") CDX PLYWD, ALL O/ (3X8) EXPOSED WD DECK'G NEW STAND'G SEAM METAL ROOF'G SYSTEM SUPPORTED ON HAT- CHANNELS @ (48") OC (PARA TO RIDGE), O/ (1/4") DENS BD, O/ "BITUTHANE TYPE" PEAL & STICK MEMBRANE, O/ "E" DECK'G. ADJUST PLANE HT WITH PLT SHIMPS & VARITY HT PANEL CLIPS 12 6 (E)26. 5 12 5 (E)22.5 12 ~5.5 (NEW)24.5 "E" COPPER GUTTER & RAIN LEADER SYSTEM EXT'G ASSEMBLY: (1/2") CDX PLYWD O/ (2X) WOOD TRUSSES @ (24") OC (PERP TO RIDGE), NEW STANDING SEAM METAL ROOF'G SYSTEM SUPPORTED BY HAT- CHANNELS @ (48") OC (PARA TO RIDGE), O/ (1/4") DENS BD, O/ "BITUTHANE TYPE" PEAL & STICK MEMBRANE, O/ (E) TRUSS SYSTEM. ADJUST PLANE HT WITH PLT SHIMPS & VARITY HT PANEL CLIPS "E" COPPER GUTTER & RAIN LEADER SYSTEM 12'-0"12'-0"12'-0"12'-0" PLTS RIDGE ~2 1 ' - 0 " FLR PLTS RIDGE ~9 ' - 0 " ~2 1 ' - 0 " 12'-0"12'-0"12'-0"12'-0" FLR ~9 ' - 0 " (~ 7") NEW STAND'G SEAM MET ROOF'G, INCLUD'G VENT' RIDGE & EAVE, GUTTER & RAIN LEADER SYSTEM, & ALL ATTACHM'TS PER MFGR'S APPROV'D SPECS HAT CHAN & PANEL CLIPS, INCLUD'G SHIM PLTS AS NEEDED FOR FASTN'G & NEW SLOPE WATER TIGHT BITUTHANE TYPE PEAL & STICK, W/ LAP & ATTACHMENT PER MRGR'S APPROV'E SPECS EXIST'G PLYWD ROOF'G & DECK SYSTEM LOW SLOPE BUILT-UP ROOF BELOW INSPECT & NOTIFY OWNER IF RE- PLACEM'T NEED'S AREA OF EXIST'G VAULT'D ROOF STRUCTURAL SYSTEM EXTREME CARE IS REQUIR'D TO AVOID FASTENERS FROM PENETRAT'G THROUGH EXPOS'D DECKING BELOW. 2A A1 2B A1 SEE ALL OTHER ROOF AREA OVER ATTIC TYPICAL SEE 4' - 0 " 5' - 6 " 12 6 (E)26. 5 12 5 (E)22.5 ~5.5 (NEW)24.5 (~ 7") 12 4'-0" 4'- 0 " Page 392 of 500 {00245263.1} 52 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR GRACE HUDSON MUSEUM ROOF REPLACEMENT – NEGOTIATED CONTRACT Specification No. 23-04 Name of Bidder _______________________ Business Phone _____________________ Business Address ________________________________________________________ Place of Business _______________________________________________________ Contractor’s License No. ______________________________________ License Expiration Date_______________________________________ Classification Type __________________________________________ Department of Industrial Relations Public Works Contractor Registration Number: ______________________ The undersigned Bidder submits this Proposal and binds itself on award by the City of Ukiah under this bi to execute a Contract in accordance with its Bid and, Contract Documents, The Contract Documents, including but not limited to the Notice to Bidders, Instructions to Bidders, Form of Agreement. General Conditions, Technical Specifications, Contract Drawings, and Addenda, if any, are made part of this bid and all provisions thereof are hereby accepted, and all representations and warranted required thereby are hereby affirmed. This offer shall be irrevocable for a period of sixty (60) days after the date on which bids are opened. The undersigned Bidder understands that any clarification made to the above or any new and different conditions or information submitted on or with its Proposals, other than that requested, may render the bid non-responsive. The undersigned Bidder declares that only persons or parties interested in this Proposal as principals are those named herein that this Proposal is made without collusion with any other person, firm, or corporation; that Bidder has carefully examined the location of the proposed work, the attached Form of Agreement, the Contract Drawings, the Special Provisions and other Contract Documents; and agrees that, if this Proposal is accepted that it will, 1)contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the Agreement herein contained 2)to provide all necessary machinery, tools, apparatus and other means of construction; 3)to do all the Work and furnish all the materials specified in the Contract Documents, in the manner and time therein prescribed, and according the requirements of the Engineer, as therein set forth; 5)indemnify the City against any loss or damage arising from any act of the undersigned as Contractor; and 6)accept as full payment therefor the prices indicated in the Bidding Schedule, including all Work modified by Addendum number _______________ (IF NONE< STATE NONE). The Bidder shall set forth for each item of Work, in clearly legible figures, an item price and a total for the item in the respective spaces provided for this purpose in the Bidding Schedule. The prices included within the Bidding Schedule include all costs for labor, materials, tools, equipment, services, Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and for all other costs necessary to perform the Work in accordance with the Contract Documents. San Francisco Roofing Services, Inc.628-444-3610 2115 Jennings st San Francisco CA 94124 2115 Jennings st San Francisco CA 94124 1047655 12/31/2024 C-39 1000063028 ATTACHMENT 2 Page 393 of 500 {00245263.1} 53 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract The names of all persons interested in the foregoing Proposal as Principals, are as follows: ______________________________________________________________________. If SOLE OWNER, sign here: I sign as sole owner of the business named above: _____________________________________________________________________________ If PARTNERSHIP, one or more partners sign here: The undersigned certify that we are partners in the business named above and that we sign this bid with the full authority to do so: ____________________________________________________________________________ ____________________________________________________________________________ If CORPORATION, execute here: Corporate Name: _______________________________________ Incorporated under the laws of the State of ____________________________________ The undersigned certify that they sign this bid with the full and proper authorization so to do: By Signature of Authorized Official* Title Typewritten or Printed Name By Signature of Authorized Official* Title Typewritten or Printed Name If JOINT VENTURE, execute here: Joint Venture name composed of: The undersigned certify that they sign this bid with the full and proper authorization so to do: Signature of Authorized Official* Title Typewritten or Printed Name Signature of Authorized Official* Title Typewritten or Printed Name San Francisco Roofing Services, Inc. California Manuel Avila Jr. Secretary Page 394 of 500 {00245263.1} 54 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract *If Bidder is a partnership or Joint Venture, give the full names of all partners and/or Joint Ventures in the space provided (use additional sheet if required). If Bidder is a corporation, two signatures are required as follows: (1) the Chairman, President, or Vice-President and (2) the Secretary, Assistant Secretary, Chief Financial Officer or Assistant Treasurer. In the alternative, this Agreement may be executed by a single officer or a person other than an officer provided that evidence satisfactory to the City is provided demonstrating that such individual is authorized to bind the corporation (example, a copy of a certified resolution from the corporation’s board or a copy of the corporation’s bylaws). Page 395 of 500 {00245263.1} 55 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract BIDDING SCHEDULE Bidders are directed to submit firm unit and lump sum prices for all Work set forth in the Contract Documents on this Bidding Schedule. Unit prices and lump sum prices must be entered in the appropriate spaces provided in the Bidding Schedule. Unit prices shall be multiplied by the Quantities shown and the total shall be inserted in the “Total” column. In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following: 1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price; 2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each Bidder. The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and all other Contract Documents and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Contract Documents, including all labor, materials, tools, equipment, services, subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated. Lowest bid will be based on the lowest Base Bid. The Bidding Schedule is a summary list of all of the work required by the Contract Documents and is in no way intended to describe all items of work to be performed. Bidders must carefully examine the Contract Documents, including the Contract Drawings and the site of the work and perform such inquiries and investigations, as they deem appropriate in the formulation of their bids. All costs estimated to be incurred by Bidders must be included within one of the line items in the Bidding Schedule. Page 396 of 500 {00245263.1} 56 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract NAME OF BIDDER: SPEC #: 23-05 PROJECT NAME: GRACE HUDSON MUSEUM ROOF REPLACEMENT BASE BID ITEM NO. DESCRIPTION UNIT OF MEASURE QUANTITY PRICE 1 Provide all necessary equipment, materials, labor and fees for roof replacement LS 1 $__________________________ 450,000.00 San Francisco Roofing Services, Inc. Page 397 of 500 {00245263.1} 57 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract FAIR EMPLOYMENT PRACTICES CERTIFICATION TO:_____________________________________________________________ ________________________________________________________________ The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. GRACE HUDSON MUSEUM ROOF REPLACEMENT ________________________________________________________________ (Signature of Bidder) Business Mailing Address: _________________________________________________ _________________________________________________ _________________________________________________ Business Location: _________________________________________________ _________________________________________________ (The Bidder shall execute the certification of this page prior to submitting its proposal.) 2115 Jennings st San Francisco CA 94124 2115 Jennings st San Francisco CA 94124 Page 398 of 500 {00245263.1} 58 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this________ day of _______________, 200____ Signature of Bidder, with Business Address: __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ 2115 Jennings st San Francisco CA 94124 7th April 23 Page 399 of 500 {00245263.1} 59 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT The Bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and address of Bidder: __________________________________________________ Date_____________ __________________________________________________ __________________________________________________ __________________________________________________ (This certification shall be executed by the Bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) 2115 Jennings st San Francisco CA 94124 4/7/2023 Page 400 of 500 {00245263.1} 60 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each Bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1- 09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number. SUBCONTRACTOR NAME SUBCONTRACTOR LICENSE NUMBER SUBCONTRACTOR DIR REGISTRATION NUMBER SUBCONTRACTOR BUSINESS ADDRESS PORTION/ TYPE OF WORK N/A Page 401 of 500 {00245263.1} 61 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of its experience, skill and business standing and its ability to conduct work as completely and rapidly as required under the terms of the contract. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ SEE NEXT PAGE Page 402 of 500 Job Number Job Name Location Start Date End Date Value Stop Notice Filed Lawsuits?Liquidated Damages?Owner GC GC Contact Name Contact Number Contact Email Description 1905 Bayside Academy 2025 Kehoe Ave, San Mateo, CA 94403 8/19/2019 4/10/2021 507,000.00$ No No No San Mateo-Foster City School District Rodan Builders Andrew Christensen (415) 971-2739 AChristensen@rodanbuilders.com Metal Roof 1907 Ukiah Fire Station 1500 S State St, Ukiah, CA 95482 9/16/2019 9/4/2021 127,000.00$ No No No City of Ukiah SF Roofing 1909 Unviversity Mound 411 University St, San Francisco, CA 94134 5/8/2019 5/26/2019 27,600.00$ No No No City of San Francisco Garland Jay Mulligan (415) 684-5898 jmulligan@garlandind.com Maintance/Cleaning 1910 PGE Vault 6/27/2019 7/27/2019 12,436.00$ No No No PG&E SG Engineering Sonny Silao (415) 466-6480 sonny@engineeringsg.com Water proofing Miradri 1911 Monte Rio Elementary 20700 Foothill Dr, Monte Rio, CA 95462 6/3/2019 9/28/2019 492,432.00$ No No No Monte Rio Union School Distrcit DBS Garland Vince Harper (209) 712-8780 vharper@garlandind.com Metal Roof/Shingles 1912 War Memorial Gym 6655 Mission St, Daly City, CA 94014 6/3/2019 6/22/2019 69,500.00$ No No No Garland Jay Mulligan (415) 684-5898 1913 Walter Hays & Duveneck Roof Restoration Project 1525 Middlefield Rd, Palo Alto, CA 94301 6/16/2019 7/27/2019 69,020.00$ No No No Palo Alto Unified School District SF Roofing Adam afaville@garlandind.com 1914 SF Westside Recycle 1 Overlook dr San Francisco CA 6/27/2021 No No No JMB Construction Colin Larkin 650-267-5292 Hot Asphalt 1915 Sam Jones Halll, Pump Station 4, Pump Station 13 4020 Finley Ave, Santa Rosa, CA 95407 9/16/2019 12/11/2021 877,800.00$ No No No Arntz Builders Dave Arntz 707-835-2900 Metal Roof/Torch Roof 1916 Borel Middle School 425 Barneson Ave, San Mateo, CA 94402 6/7/2020 1/2/2021 591,356.00$ No No No Beals Martins Marnie Amongol 650-556-5884 Marnie@bealsmartin.com Metal Roof/ TPO Roof 1917 Fire Station 92 Daly City 18 Bepler St, Daly City, CA 94014 7/21/2019 8/11/2019 33,400.00$ No No No City of Daly City SF Roofing Jeffrey Fornesi 650-991-5752 jfornesi@dalycity.org Copings 1920 University Mound #2 411 University St, San Francisco, CA 94134 12/1/2019 12/7/2019 10,000.00$ No No No Garland Jay Mulligan 415-684-5898 jmulligan@garlandind.com Power Washing 1921 Midpeninsula Open Regional Office 5050 El Camino Real, Los Altos, CA 94022 7/12/2020 12/18/2021 195,820.00$ No No No Agbayani Cesar Tomas 408-915-8346 cesar.tomas@agbayani.com Metal Panels and Metal Siding 2022 Daly City City Hall 333 90th St, Daly City, CA 94015 1/23/2020 3,758.16$ No No No City of Daly City SF Roofing Jeffrey Fornesi 650-991-5752 jfornesi@dalycity.org Flashing in equipment 2024 Pacifica District Office 375 Reina Del Mar Ave, Pacifica, CA 94044 4/20/2020 2,950.00$ No No No 2025 Marina Middle School 3500 Fillmore St, San Francisco, CA 94123 4/19/2020 2/12/2022 614,300.00$ No No No SFUSD Arntz Builders JP Vanzee 707-835-2900 jp@arntzbuilders.com New Single ply Roof 2026 Muni Roebuck 12/17/2019 8/22/2020 7,690.00$ No No No Roebuck Ruairi Murphy 415-255-1506 ruairi@roebucksf.com Gutters, Window Flashing 2027 Alternative Education High School 860 Hinckley Rd, Burlingame, CA 94010 1/3/2021 1/21/2021 96,000.00$ No No No Rodan Builders Andrew Christensen 415-971-2739 AChristensen@rodanbuilders.com Metal Roofs 2028 Carlmont High School 1400 Alameda de las Pulgas, Belmont, CA 94002 5/3/2020 5/14/2020 25,500.00$ No No No Sequoia HSD SF Roofing Jay Newman jnewman@seq.org Patch in Conduits 2029 Petaluma Jr. High School 700 Bantam Way, Petaluma, CA 94952 4/26/2020 7/2/2020 398,500.00$ No No No Petaluma City SD SF Roofing Lisa Dais 707-763-5600 ldavis@petk12.org Single Ply Roof 2030 James Ranch 19050 Malaguerra Ave, Morgan Hill, CA 95037 5/17/2020 6/4/2020 23,700.00$ No No No Agbayani Cesar Tomas 408-915-8346 cesar.tomas@agbayani.com Two ply Torch repair work 2031 Novato High School 625 Arthur St, Novato, CA 94947 6/28/2020 1/7/2021 491,000.00$ No No No Grey Stone West Shane Copeland 707-933-0624 shane@greystonewest.com Shingle Roof, TPO roof 2032 Fire Station 37 No No No 2033 EPA Charter School 1286 Runnymede St, East Palo Alto, CA 94303 6/14/2020 8/27/2020 505,000.00$ No No No Telacu Construction Management Norine Bruno 714-541-2390 nbruno@telacu.com Metal Roof and Single Ply 2034 250 Baldwin Ave 250 Baldwin Ave, San Mateo, CA 10/4/2020 (Still Active)1,400,000.00$ No No No Zone 4 Construction Ricardo Espinoza 650-873-0344 respinoza@zone4construction.com Wall Panels 2035 Sonoma Clean Water 741 4th st Santa Rosa CA 6/21/2020 7/9/2020 10,800.00$ No No No Agbayani Cesar Tomas 408-915-8346 cesar.tomas@agbayani.com Flashing in new units 2036 South East Water 750 Phelps St, San Francisco, CA 94124 1/23/2022 7/7/2022 92,500.00$ No No No BCI Eric Van Slyke 510-557-9617 evanslyke@blockainc.com Two ply Asphalt roof 2037 Sheridan Elementary School 431 Capitol Ave, San Francisco, CA 94112 9/13/2020 11/11/2021 66,000.00$ No No No Wickman MJ Tacoban 415-239-4500 mj@wickmandev.com Install new metal flashings 2038 Western Motel 9/27/2020 10/15/2020 21,000.00$ No No No Sbay Friday Ignacio 408-490-4390 fignacio@sbayconstruction.com Fix Leaks 2039 F St Pump Station 3455 Van Ness Ave, San Francisco, CA 94109 8/30/2020 9/24/2020 46,800.00$ No No No City of Daly City SF Roofing Joshua Cosgrove jcosgrove@dalycity.org 2 ply Modifued roof 2040 Marina Middle School Repairs 3500 Fillmore St, San Francisco, CA 94123 8/23/2020 10/15/2020 60,332.00$ No No No Garland Jay Mulligan 415-684-5894 jmulligan@garlandind.com Remove wet areas and install like kind roof 2041 Sonoma County Fire Station #8 6161 Bennett Valley Rd, Santa Rosa, CA 95404 10/18/2020 1/7/2021 81,000.00$ No No No Garland Vince Harper (209) 712-8780 vharper@garlandind.com Metal Panels 2042 Clear Lake (Yuba City Community College)15880 Dam Rd Ext, Clearlake, CA 95422 11/29/2020 5/14/2021 43,000.00$ No No No DBS Garland Vince Harper 209-712-8780 vharper@garlandind.com Repair metal panels 2043 Garden Village School 208 Garden Ln, Daly City, CA 94015 11/1/2020 11/20/2020 3,200.00$ No No No Galeb Paving Lee Pellicciotti 408-253-4747 lee@galebpaving.com Patch conduits 2144 Windsor Middle School 9500 Brooks Rd S, Windsor, CA 95492 1/17/2021 9/23/2021 412,000.00$ No No No DBS Garland Vince Harper 209-712-8780 vharper@garlandind.com Two ply torch system 2145 St Francis SQ Apartments 10 Bertie Minor Ln #2, San Francisco, CA 94115 1/3/2021 1/14/2021 No No No 2146 Silicon Valley Clean Water 1400 Radio Rd, Redwood City, CA 94065 2/28/2021 3/11/2021 16,000.00$ No No No DBS Garland Adam Faville 408-332-2504 afaville@garlandind.com Install new gutter 2147 SLVSD Gutters 3/21/2021 5/20/2021 40,200.00$ No No No SLVUSD John Bergquist 831-335-3465 jbergquist@slvusd.org Install new gutters 2148 Harbor Shelter 295 N Access Rd, South San Francisco, CA 94080 4/11/2021 4/22/2021 2,726.55$ No No No Rodan Builders Matthew Walker 650-508-1700 mwalker@rodanbuilders.com Install flashing 2149 Konocti School District 9430 B Lake St. Lower Lake, CA 95457 5/23/2021 12/2/2021 554,500.00$ No No No DBS Garland Vince Harper 209-712-8780 vharper@garlandind.com New Asphalt roofing system 2150 Old Adobe Elementary 2856 Adobe Rd, Petaluma, CA 94954 6/6/2021 12/16/2021 540,000.00$ No No No DBS Garland Vince Harper 209-712-8780 vharper@garlandind.com New Metal Roof 2151 Hillsdale Pavers 60 31st Ave, San Mateo, CA 94403 4/18/2021 2/24/2022 23,220.00$ No No No Zone 4 Construction Ricardo Espinoza 650-873-0344 respinoza@zone4construction.com Pavers 2152 Alexander Rose Elementary School 250 Roswell Dr, Milpitas, CA 95035 5/16/2021 9/30/2021 736,000.00$ No No No Kitchell CEM Stephen Goltiao 408-483-4267 sgoltiao@kitchell.com New single ply roof and new coating roof 2153 Potrero Hills 953 De Haro St, San Francisco, CA 94107 8/15/2021 11/24/2021 79,000.00$ No No No Potrero Hill Neighborhood House Edward Hatter 415-826-8080 edwardhatter1@gamil.com New Shingle Roof 2154 Burbank Hall SRJC 1501 Mendecino ave Santa Rosa CA 5/2/2021 11/4/2021 60,800.00$ No No No DBS Garland Vince Harper 209-712-8780 vharper@garlandind.com New Copper gutters 2155 Bayside Noise Migration 2025 Kehoe Ave, San Mateo, CA 94403 4/10/2021 32,000.00$ No No No Garland Jay Mulligan (415) 684-5898 jmulligan@garlandind.com Repair Work 2156 Crane Cove Park 18th street and, Illinois St, San Francisco, CA 94107 8/1/2021 7/7/2021 201,000.00$ No No No Wickman Jorge Flores 415-239-4500 jorge@wickmandev.com New Hot Asphalt Roof 2157 Oceana High School 401 Paloma Ave, Pacifica, CA 94044 8/1/2021 11/4/2021 22,500.00$ No No No Rodan Builders Matthew Walker 650-508-1700 mwalker@rodanbuilders.com Patch in new conduits 2158 Ambassador Hotel 55 Mason St, San Francisco, CA 94102 3/6/2022 In Progress 348,000.00$ No No No D+H Construction Alvin Saechao 628-254-4599 alvin@dh-construction.com New Single ply Roof 2159 Marina Library 3500 Fillmore St, San Francisco, CA 94123 9/26/2021 2/17/2022 160,000.00$ No No No Buhler Commercial Eric Skyta 415-610-8650 eric@buhlercommercial.com Repair perimeter roofing 2160 299 s Hill Blvd 9/5/2021 9/23/2021 8,140.00$ No No No Zach Eisenberg (Residential Home)zach@microtracers.com Home roof repairs 2161 Konocti Repairs 9430 B Lake St. Lower Lake, CA 95457 7/11/2021 9/23/2021 53,600.00$ No No No Climatec Laurie O'Brien 510-954-5652 Lobrien@climatec.com Flash in new units 2162 Mary Elizabeth Inn 1040 Bush St, San Francisco, CA 94109 11/28/2021 4/14/2022 150,000.00$ No No No Mary Elizabeth Inn SF Roofing Dion Roberts 415-673-6768 dion@meinn.org Install new two ply roofing system 2163 Hudson Park 10/10/2021 10/21/2021 3,117.13$ No No No Ukiah City 2164 Ukiah Water Treatment Plant 935 River St, Ukiah, CA 95482 11/7/2021 2/17/2022 56,500.00$ No No No Ukiah City Mary Williamson 707-467-5777 mwilliamson@cityofukiah.com Flood Coat on metal roof 2165 Mckinely ES 701 Paloma Ave, Burlingame, CA 94010 10/17/2021 10/28/2021 No No No 2166 Fox Tail Golf Course 100 Golf Course Dr, Rohnert Park, CA 94928 11/7/2021 4/21/2022 175,200.00$ No No No Rohnert Park SF Roofing Terrie Zwillinger 707-588-3331 tzwillinger@rpcity.org Install new two ply roofing system 2167 Live Oak 10/31/2021 11/24/2021 24,500.00$ No No No Live Oak School District Chip Odom codom@losd.ca New gutters and repair Metal roof 2168 Shotwell 10/24/2021 1/20/2022 5,950.00$ No No No Zone 4 Construction Ricardo Espinoza 650-873-0344 respinoza@zone4construction.com Flashing in new curbs 2169 Oakland Wate Management 172 98th Ave, Oakland, CA 94603 2/20/2022 In Progress 7,500.00$ No No No Oakland Waste Management Osvaldo Roof Repair 2170 Van Dyke Warehouse 11/14/2021 12/23/2021 35,000.00$ No No No David Eisenberg (Residential Home)david@microtracers.com Roof Repair 2171 Terra Nova 1450 Terra Nova Blvd, Pacifica, CA 94044 No No No 2172 City Hall Rohnert Park 130 Avram Ave, Rohnert Park, CA 94928 12/5/2021 12/30/2021 38,053.35$ No No No City of Rohnert Park 2173 Fire Station 54 and 55 46 Castro Ave, San Rafael, CA 94901 7/17/2022 In Progress 42,800.00$ No No No City of San Rafael Wickman Jorge Flores 415-239-4500 jorge@wickmandev.com New Metal Roof 2274 Alameda Creek 5/8/2022 Canceled 36,000.00$ No No No Anvil Builders Ria Schwalbe 415-285-5000 rschwalbe@anvilbuilders.com New Kemper roofing systme 2275 Jefferson ES 1725 Irving St, San Francisco, CA 94122 3/27/2022 4/7/2022 52,000.00$ No No No SFUSD SF Roofing Gioia Suplick suplickg@sfusd.edu Coat metal roofs 2276 No No No 2277 San Mateo County Job Order 7/24/2022 35,117.37$ No No No San Mateo County Vernon Jones vgjones@smcgov.org 2278 Garfield ES 3600 Middlefield Rd, Menlo Park, CA 94025 5/15/2022 8/18/2022 64,300.00$ No No No Rodan Builders Andrew Christensen (415) 971-2739 AChristensen@rodanbuilders.com Install downspouts 2279 East Bay Mud 3/6/2022 3/24/2022 11,500.00$ No No No 2280 Tamalpais 3/13/2022 3/24/2022 948.00$ No No No 2281 South East Community Facilities 1800 Oakdale Ave, San Francisco, CA 94124 4/17/2022 5/5/2022 46,500.00$ No No No Buhler Commercial Eric Skyta 415-610-8650 eric@buhlercommercial.com Gutters 2282 Fairlands PUSD 4151 W Las Positas Blvd, Pleasanton, CA 94588 7/31/2022 8/25/2022 759,000.00$ No No No Arntz Builders JP Vanzee 707-835-2900 jp@arntzbuilders.com New Metal Roofs 2283 Analy High School 6950 Analy Ave, Sebastopol, CA 95472 6/5/2022 8/13/2022 110,000.00$ No No No WSCUHSD Jennie Bruneman jbruneman@wscuhsd.org New Two ply Roofing system 2284 Westlake Mall 4/17/2022 6/2/2022 36,000.00$ No No No Zone 4 Construction Ricardo Espinoza 650-873-0344 respinoza@zone4construction.com Flashing in new curbs 2285 E-Bay Building #5 2025 Hamilton Ave San Jose, CA 5/8/2022 7/7/2022 255,500.00$ No No No EBAY David Van Deren 408-697-0544 dvanderen@ebay.com Overlay single ply roofing system 2286 Landmark ES 235 Ohlone Pkwy, Watsonville, CA 95076 6/5/2022 In Progress 32,000.00$ No No No PVUSD Ian Goldspink 831-786-2380 ian_goldspink@pvusd.net Install new wall panels, new single ply roof 2287 Round Valley HS 76270 High School St, Covelo, CA 95428 6/26/2022 In Progress 810,000.00$ No No No Kirby Construction Joe P 707-526-0880 jpycz@kirbycon.com New Shingle roofs 2288 E-Bay Building #7 2025 Hamilton Ave San Jose, CA 5/29/2022 10/20/2022 330,000.00$ No No No EBAY David Van Deren 408-697-0544 dvanderen@ebay.com Overlay single ply roofing system 2289 Joaquin Miller Community Center 3594 Sanborn Dr, Oakland, CA 94602 8/29/2022 3/25/2023 137,000.00$ No No No City of Oakland Garland DBS Doug Clark dclark@garlandind.com Shingle Roof 2290 Rainbow Rec Center 5800 International Blvd, Oakland, CA 94621 9/11/2022 In progress 39,400.00$ No No No Garland DBS Doug Clark dclark@garlandind.com Coating 2291 Hope Church 600 42nd Ave, San Mateo, CA 94403 8/14/2022 8/20/2022 16,100.00$ No No No 2292 Eastbay Dischargers Authority 2651 Grant Ave, San Lorenzo, CA 94580 10/23/2022 In Progress 226,500.00$ No No No Garland DBS Doug Clark dclark@garlandind.com 2 ply cold adhesive 2293 Scott House 10/9/2022 10/29/2022 No No No 2294 SRJC Building 600 5743 Skylane Blvd Santa Rosa, CA 10/23/2022 In progress 140,500.00$ No No No Santa Rosa Junior College Garland DBS Vince Harper vharper@garlandind.com Metal Roof 2295 Park Elementary School 411 Larchmont St, Hayward, CA 94544 Summer 2023 935,000.00$ No No No SF Roofing Brian Rasmussen 408-775-7501 Single Ply Roofing System 2296 Golden Gate Golf Course 902 47th Ave, San Francisco, CA 94121 TBD No No No 2297 Hayward Switch Gear 2024 No No No Blocka Construction 2298 Fire Department Work San Francisco Different Locations No No No San Francisco Fire Department 2299 Citrus Pumpstation No No No 23100 Mobile Kitchen No No No 23101 T&M Work Different Locations 1/8/2023 No No No Page 403 of 500 23102 Marina Community Center 15301 Wicks Blvd, San Leandro, CA 94579 3/27/2023 In Progress No No No City of San Leandro Garland DBS Doug Clark dclark@garlandind.com Roof Coating 23103 South City High School 400 B St, South San Francisco, CA 94080 TBD 81,500.00$ No No No S.F. Unified School District SF Roofing Manny Avila manny@sfroofingservices.com Tremco Torch System 23104 Rubecon Work TBD No No No Rubecon Builders Hot Asphalt 23105 Walnut Grove Elementary 1999 Harvest Rd, Pleasanton, CA 94566 TBD No No No Pleasanton Unified School District Artnz Builders JP Vanzee 707-835-2900 jp@arntzbuilders.com Single Ply Roofing System 23106 Brookhill Elementary 1850 Vallejo St, Santa Rosa, CA 95404 TBD No No No Santa Rosa Elementary School District Wright Construction David Hamilton 707-843-0404 Torch Roofing System 23107 Haehl Pavilion SRJCWalter Haehl Pavilion, Bear Cub Way, Santa Rosa, CA 95401 TBD No No No Santa Rosa Junior College Garland DBS Vince Harper vharper@garlandind.com Metal Roof and KEE roofing 23108 Page 404 of 500 {00245263.1} 62 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract NON-COLLUSION AFFIDAVIT The undersigned declares: I am the _________________ of ______________________, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder. All statements contained in the bid are true. The Bidder has not, directly or indirectly, submitted its bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________________ [date], at _____________________________ [city], ________________ [state]. ____________________________________ (Signature of Declarant) Secretary San Francisco Roofing Services, Inc. 4/7/2023San Francisco CA Page 405 of 500 {00245263.1} 63 Spec No. 23-05 Grace Hudson Museum Roof Replacement Negotiated Contract DISQUALIFICATION QUESTIONNAIRE The Bidder shall complete, under the penalty of perjury, the following questionnaire: Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes______ No_____ If the answer is yes, explain the circumstances in the space below. NAME OF BIDDER: _________________________________________ SIGNATURE OF BIDDER: ____________________________________ Explanation, if any: x San Francisco Roofing Services, Inc. Page 406 of 500 ATTACHMENT 3 Page 407 of 500 Page 408 of 500 Page 409 of 500 Page 410 of 500 Page 411 of 500 Page 412 of 500 Page 413 of 500 Page 414 of 500 Page 415 of 500 Page 416 of 500 Page 417 of 500 Page 418 of 500 Page 419 of 500 Page 420 of 500 Page 421 of 500 Page 1 of 2 Agenda Item No: 8.g. MEETING DATE/TIME: 8/16/2023 ITEM NO: 2023-2947 AGENDA SUMMARY REPORT SUBJECT: Authorization for the City Manager to Negotiate and Execute a Sole Source Contract for Professional Services for Complete Streets Consulting and Design Services on an As-Needed Basis, and Within the Approved Available Budget. DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works ATTACHMENTS: 1. 8g Supplemental Memo - Received 8-15-23 2. 8g Correspondence Received - Eileen Mitro 3. 8g Correspondence Received - Judy Luria Summary: Council will consider authorizing the City Manager to negotiate and execute a sole source contract to Dan Burden for professional Services for Complete Streets Consulting and Design Services on an as- needed basis, and within the approved available budget. Background: City Staff have been focused on securing funds through various grants for the reconstruction of city streets and infrastructure. With the awarding of these grant funds it is the priority of Staff to design, develop and construct roads that fit the needs of the entire community and provide efficient travel for vehicles, pedestrians, and bikes. Discussion: Dan Burden has a career spanning forty years helping over three-thousand communities implement more walkable streets. By being able to bounce ideas off and consult with a professional like Dan and associated team members, Staff can utilize his expert advice into future street construction projects, the first being the Urban Core Rehabilitation and Transportation Project which aims to replace utilities, reconstruct the roads and provide streetscape features and safe pedestrian crossings along Gobbi, Main and Perkins Streets. By having Mr. Burden accessible by Staff, the implementation of Complete Streets concepts coordinated with the Complete Streets Ad-Hoc will provide for more robust and pedestrian-friendly roads. Staff will submit a supplementary memo to Council with a fee proposal provided by Mr. Burden in time for the August 16, 2023, Council Meeting. Recommended Action: Authorize the City Manager to Negotiate and Execute a Sole Source Contract to Dan Burden for Professional Services for Complete Streets Consulting and Design Services on an as-needed basis, and within the approved available budget. BUDGET AMENDMENT REQUIRED: NO CURRENT BUDGET AMOUNT: Various PROPOSED BUDGET AMOUNT: Various FINANCING SOURCE: Various PREVIOUS CONTRACT/PURCHASE ORDER NO.: COORDINATED WITH: Andrew Stricklin, Senior Engineer, Tim Eriksen, Director of Public Works DIVERSITY-EQUITY INITIATIVES (DEI): Page 422 of 500 Page 2 of 2 CLIMATE INITIATIVES (CI): 2b – Encourage active transportation as a viable alternative to automobiles. 4a – Implement nature-based climate solutions. GENERAL PLAN ELEMENTS (GP): Page 423 of 500 300 Seminary Avenue • Ukiah • CA • 95482-5400 Phone: (707) 463-6233 · Fax: (707) 313-3621 · www.cityofukiah.com MEMORANDUM Date: 8/14/23 To: Ukiah City Council Cc: City Clerk From: Seth Strader, Department Analyst Subject: Item 8.g. – Authorization for the City Manager to Negotiate and Execute a Sole Source Contract for Professional Services for Complete Streets Consulting and Design Services on an As-Needed Basis, and Within the Approved Available Budget. This memo is to inform the City Council members of the proposal from Dan Burden and his team for Professional Services for Complete Streets Consulting and Design Services. Staff is recommending that the City of Ukiah enter into an agreement with Dan Burden and his team for professional services for consulting services related to the implementation of complete streets in existing and future City construction projects. Recommended Action: Authorize the City Manager to Negotiate and Execute a Sole Source Contract to Dan Burden for Professional Services for Complete Streets Consulting and Design Services on an as-needed basis, and within the approved available budget. Page 424 of 500 DRAFT – FOR REVIEW © 2023 Blue Zones, LLC | All rights reserved Ukiah Technical Assistance - Page 1 CITY OF UKIAH ON-CALL TECHNICAL SERVICES This Statement of Work (“SOW”) is entered into pursuant to the Master Consulting Services Agreement entered into effective as of [Insert Effective Date of MSA] (the “Agreement”), by and between Blue Zones, LLC (“Blue Zones”) and the City of Ukiah (“City”). This SOW is subject to the terms of the Agreement, which are incorporated herein by reference. 1. SOW Effective Date: [Insert] 2. SOW Term: SOW Effective Date through [Insert Term Limits] and subject to the terms of the Master Services Agreement. 3. Description of Services: The City of Ukiah (City) seeks on-call technical assistance from Blue Zones to support built environment planning, design and implementation efforts. This includes: • Meeting Participation. Blue Zones will attend Zoom or in-person meetings, as requested by the City, to address built environment challenges and opportunities. • Existing Conditions Assessment. Blue Zones will examine existing traffic safety, circulation, and operations issues for pedestrians, bicyclists, motorists, freight and emergency responders in areas identified by the City. This review will include available traffic counts, crash data, GIS data, and inventory the presence and condition of existing facilities, facility gaps, crossings, ADA ramps, and additional features. An Existing Conditions presentation will explain current conditions and good practices to encourage multi-modal transportation and placemaking. This will include design standards, practices and resources relevant to Ukiah. • Concept Peer Review. In partnership with the City’s Public Works Department and other City Departments, Blue Zones will provide a peer review of existing designs and concepts to determine alignment with good practices and suggest alternatives, as applicable, for consideration. • Policy Peer Review. In partnership with the City’s Public Works Department and other City Departments, Blue Zones will provide a peer review of existing policies, plans and codes to determine alignment with good practices and suggest alternatives, as applicable, for consideration. • Community Engagement. Blue Zones will engage with key stakeholders, as requested by the City, to discuss concept development and share good practices relevant to Ukiah. Blue Zones will develop presentation materials and other resources, as requested by the City, to explain key concepts and present design alternatives in audience-appropriate formats. • Graphics. The Blue Zones team will create graphics and renderings, including photo-visions, to explain key concepts and represent the community’s vision. Page 425 of 500 © 2023 Blue Zones, LLC | All rights reserved City of Ukiah Technical Assistance - Page 2 SCHEDULE On-call technical assistance will begin in August 2023 subject to the terms and conditions of the Master Services Agreement. Project timelines will be confirmed based on notice to proceed provided by the City’s representative. FEE Services will be billed using the following hourly and daily rates. Direct expenses will be billed at cost. Blue Zones Project Team Hourly Rate On-Site Daily Rate Dan Burden $250 $3,000 Michael Wallwork $225 $2,750 Todd Clements $210 $2,500 Sarah Bowman $140 NA Other Blue Zones Labor Categories Hourly Rate On-Site Daily Rate Blue Zones Planner 1 $385 $4,350 Blue Zones Planner 2 $250 $3,000 Blue Zones Planner 3 $210 $2,500 Blue Zones Engineer 1 $340 $3,900 Blue Zones Engineer 2 $225 $2,750 Blue Zones Urban Designer 1 $450 $5,000 Blue Zones Urban Designer 2 $315 $3,650 Blue Zones Urban Designer 3 $245 $2,950 Blue Zones Project Manager 1 $245 $2,950 Blue Zones Project Manager 2 $140 NA Blue Zones Administrative Support $100 NA Page 426 of 500 © 2023 Blue Zones, LLC | All rights reserved City of Ukiah Technical Assistance - Page 3 BLUE ZONES BUILT ENVIRONMENT TEAM Dan Burden, Built Environment Technical Expert: Dan has spent more than 40 years helping more than 3,800 communities ‘get back on their feet’ and achieve more walkable streets. In 2014, Dan was named a Champion of Change by the White House and US Department of Transportation. Dan was named by TIME Magazine as “one of the six most important civic innovators in the world,” 2001. Dan’s greatest talent is to inspire and help people design their cities around people and place, not around speed and efficiency. Dan will serve as the principal-in-charge, leading existing conditions assessment, community engagement and serving as the direct contact through all phases of work. Michael Wallwork, Roundabouts Expert: Michael’s 49 years of transportation engineering and design experience includes helping introduce roundabouts and traffic calming to North America, after having advanced these tools in his home country of Australia. Credentials include civil engineering instructor, traffic engineering, road construction, transit design, complete streets, off-road trails and traffic calming. His experience includes a wide range of projects in all sizes and complexities of communities. Projects range from single intersection designs to large-scale road projects that integrate attractive landscaping with transit, pedestrian, bicycle, and vehicle facilities. Michael believes that streets and highways should serve all users, motorists, transit, pedestrians, bicyclists, and people with disabilities . Todd Clements, Landscape Architect & Designer: Todd is a robust force in the design field with 27 years of experience. Todd uses his knowledge of landscape architecture, urban design, and land planning to create thoughtful, memorable spaces. Todd’s passion for visualizations and attention to detail is a strong tool that helps people reimagine what could be for the public spaces and streets. Todd earned his Bachelor of Landscape Architecture from Louisiana State University and is a Registered Landscape Architect in the State of Florida. Sarah Bowman, Project Manager: Sarah is a highly skilled active transportation and comprehensive transportation project manager, writer and editor. Sarah brought life and clarity to publications and tools on walkability, livability and Complete Streets for the U.S. Environmental Protec tion Agency, U.S. Department of Transportation, U.S. Department of Housing and Urban Development, AARP, Federal Highway Administration Transportation Research Board, Quebec Ministry of Health, Abu Dhabi Municipality, Honolulu Department of Transportation Services and others. Sarah has delivered a wide range of active transportation and corridor redevelopment projects, and she will do the same for this project in her role of coordination, editing and quality assurance. Other Blue Zones team profiles will be provided, as requested by the City. Page 427 of 500 1 Kristine Lawler Subject:8g, 13b, 14a Correspondence Received - Eileen Mitro ‐‐‐‐‐Original Message‐‐‐‐‐  From: Eileen Mitro <climateacƟonmendocino@gmail.com>   Sent: Tuesday, August 15, 2023 4:48 PM  To: KrisƟne Lawler <klawler@cityofukiah.com>  Subject: Comments for the City Council MeeƟng on August 16, 2023    Item 8g  The Complete Streets presentaƟon impressed just about all of us in the audience.  Having a welcoming, safe and  efficient entry into Ukiah is an important way to draw in visitors and show pride in our community.  We’re all for it!    Item 13b  It would be a hard decision to rid the City of fossil fuel investments if they were yielding much of a return.  But  since they are not and Chevron’s porƞolio matures this month it is a posiƟve step in the right direcƟon for fiduciary  responsibility and puƫng funds into more healthy investments to remove Exxon from the porƞolio of investments.    Item 14a  People are reluctant to purchase an Electric Vehicle  without assurance that there are adequate charging  staƟons in our community.  These ChargePoint chargers are a bonus for our community.  Thank you.    Eileen Mitro  Climate AcƟon Mendocino  707 234 0380  Page 428 of 500 1 Kristine Lawler Subject:8g Correspondence Received - Judy Luria ‐‐‐‐‐Original Message‐‐‐‐‐  From: Judy Luria <judysunflower555@gmail.com>   Sent: Tuesday, August 15, 2023 8:09 PM  To: MeeƟng <meeƟng@cityofukiah.com>; KrisƟne Lawler <klawler@cityofukiah.com>  Subject: item 8g    Hello again dear City Councilmembers,    AŌer aƩending a Dan Burden workshop in Willits, I am a big fan of Complete Streets, and I hope you are too.  We can make our streets safer, more beauƟful and friendlier to pedestrians and bicyclists as well as cars.  Thank you for considering the contract with Complete Streets ConsulƟng and Design Services!  Judy Luria  Ukiah          Page 429 of 500 Page 430 of 500 Page 431 of 500 Page 432 of 500 Page 433 of 500 Page 434 of 500 Page 1 of 2 Agenda Item No: 13.a. MEETING DATE/TIME: 8/16/2023 ITEM NO: 2023-2927 AGENDA SUMMARY REPORT SUBJECT: Status Report of the Emergency Contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings. DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director PRESENTER: Cindy Sauers, Electric Utility Director. ATTACHMENTS: None Summary: The Council will receive a status report of the emergency contract with West Coast Fire & Water for fire remediation work at the Electric Utility Service Center at Hasting, and will consider approving the work to continue under the emergency contract. Background: The Ukiah City Council approved the purchase of 2.8 acres with a 15,800 sq. ft. building located at 1350 Hasting Rd (The Electric Service Center) to house the Electric Utility Department’s operations. The Electric Service Center will centralize electric operations for Engineering, Construction and Technical Services. In addition, the Department intends to use the Electric Service Center for training, material warehousing and construction preparation. On August 5, 2020, the City Council adopted the plans and specifications for the grading, fencing, roofing and electric equipment relocation. This work was completed on March 2, 2023. On the morning of March 8, 2023, a fire broke out at the Electric Utility Department's Service Center located at 1350 Hastings Road. The source of the fire was the electrical failure of a bathroom ceiling fan. The Ukiah Valley Fire Authority responded to the incident, and was successful in putting the fire out. However, significant smoke and water damage occurred, as well as structural damage to the building. West Coast Fire and Water was contacted and was able to respond in a timely manner to assess the fire, smoke and water damage. They were able to secure the building and cover exposed areas to prevent additional water intrusion from the impending precipitation. The City Purchasing, Risk Management, and Electric Departments worked with McLarens, the Claims Adjuster for the City's self-insured liability Program through its membership in the California Intergovernmental Risk Authority (CIRA), and West Coast Water and Fire to develop a Scope of Work and Contract for the remediation of the fire, water, and smoke damage. Please see Attachment 2 for a copy of the agreement. There are no expected costs to the City at the time, as the City opted to review all invoices and provide authority to McLarens to pay West Coast directly. The City, however, executed a contract with West Coast Fire and Water to complete the Scope of Work. The initial cost estimate for this remediation was over $200,000. The scope of work that is being performed under this contract falls under the definition of "public project", as it involves demolition and repair work involving a publicly owned facility. The City Manager, under his authority, authorized proceeding with the work as an emergency, since the event was sudden and unexpected, and required immediate action for the protection of City (public) property. Due to structural issues, and immediate mold growth, time was of the Page 435 of 500 Page 2 of 2 essence, and bidding for this work as per the normal requirements of the California Uniform Cost Accounting Act, was not an option. Under these circumstances, public bidding is excused. At their Council meeting on April 5, 2023, the Council initially received the report regarding this contract, and approved by a four-fifths vote (one councilmember absent) for the work to continue under these emergency circumstances. Discussion: As of Friday, April 7, 2023, the remediation work on the structure was completed. After two rounds of cleaning the electronics, all items have been returned and appear to be in working order. The City has a two-year warranty period should there be additional issues with the equipment. As part of the assessment of damages, McLarens required an independent estimate of damage to restore the building to pre-fire condition. This was required to evaluate the estimate provided by the City's structural engineering consultant and architect. Currently, the City is waiting on the results of this estimate. Staff will continue to work with West Coast Fire and Water and the insurance provider to wrap up these items. Staff is requesting the Council's approval to continue using the emergency contract. Recommended Action: Receive a status report, and approve the continued work on the emergency contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: Insurance Proceeds PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2223-177 COORDINATED WITH: Cindy Sauers, Electric Utility Director, Sheri Mannion, HR & Risk Management Director and Dave Rapport, City Attorney DIVERSITY-EQUITY INITIATIVES (DEI): CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP): Page 436 of 500 Page 1 of 2 Agenda Item No: 13.b. MEETING DATE/TIME: 8/16/2023 ITEM NO: 2023-2943 AGENDA SUMMARY REPORT SUBJECT: Discussion and Possible Direction Regarding Investment Preferences of Idle Funds Related to Petroleum Companies. DEPARTMENT: Finance PREPARED BY: Dan Buffalo, Finance Director PRESENTER: Dan Buffalo, Finance Director ATTACHMENTS: 1. Investment Policy, 2023, Proposed 2. 13b Correspondence Received - Eileen Mitro 3. 13b Correspondence Received - Councilmember Crane - 2 4. 13b Correspondence Received - Councilmember Crane - 1 Summary: The Council will discuss individual fixed income securities investment preferences related to the holding of debt instruments issued by petroleum companies within the City's idle funds investment portfolio. Background: During its review and consideration of changes to the City's investment portfolio and investment policy at the regular meeting on June 21, 2023, the Council desired further opportunity to discuss specific fixed income securities in the City's investment portfolio related to petroleum companies. Council further discussed this item during its meeting of August 2, 2023. It directed Staff to do research and report back on three things: 1. Identify current investments related to petroleum firms involved directly with oil extraction and/or processing/refinement. 2. Report on the financial results of those current investments since their purchase and to what extent the City would incur losses if those investments were sold. 3. Determine if there are alternative investments yielding the same or better returns as those in question. Discussion: The results of Staff's analysis are as follows: 1. There are only two investments in the City's portfolio that meet the criteria specified. The City holds fixed income debt securities with Chevron and Exxon Mobile. 2. Together, those two make up one percent of the City's total investment portfolio, and since their purchase has yielded $374.34 and $2,282.25 in interest earnings respectively. If sold early, the City would lose an estimated $2,000.00 on the Exon Mobile security. There would be no loss on the Chevron investment, as it matures on August 11, 2023, and at which time will no longer be part of the City's investment portfolio. 3. The City's portfolio manager at PFM does not have a specific recommendation about what to replace those securities with if sold at this time. Investment decisions are made considering several factors aimed at meeting the three stated objectives in the City's investment policy: 1) principal safety, 2) liquidity, and 3) maximizing yield, and the general investment strategy focuses on intermediate and long-term returns with those objectives in mind. Page 437 of 500 Page 2 of 2 If it is the Council's prerogative to divest of the Exon Mobile security early and make ineligible future investments in similar petroleum-based options, Staff's recommendation is to sell when determined by the portfolio manager to be optimal in negating any potential losses, and to amend the current investment policy making such future investments ineligible. Recommended revisions to the current policy are included in red font herein as Attachment 1. Recommended Action: Council to discuss the City's investment policy related to petroleum companies and provide direction to Staff. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A DIVERSITY-EQUITY INITIATIVES (DEI):N/A CLIMATE INITIATIVES (CI): N/A GENERAL PLAN ELEMENTS (GP): N/A Page 438 of 500 1 CITY OF UKIAH STATEMENT OF INVESTMENT POLICY September 1, 2023 I.PURPOSE The purpose of this document is to establish and organize investment policies, which will govern the investment activities of the City of Ukiah. II.SCOPE This investment policy covers all the City’s surplus funds and investments (except retirement funds and bond proceeds) and investment activities under the direction of the City. Investment of bond proceeds will be governed by the provisions of relevant bond documents. The investment policies of the City of Ukiah are based on state law and prudent money management practices. All funds will be invested in accordance with this Investment Policy and applicable California Government Codes, including § 53601 et seq. III.OBJECTIVES The primary objectives of the City, in order of priority, shall be: 1)Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure preservation of capital in the portfolio. 2)Liquidity: The investment portfolio of the City will remain sufficiently liquid to enable the City to meet its cash flow requirements. 3)Yield: The investment strategy of the City shall be to earn a reasonable investment return, considering current market conditions, and within the parameters set forth by priorities (1) and (2) above. An adequate percentage of the portfolio shall be maintained in liquid, short-term securities that can be converted into cash if necessary to meet forecasted disbursement requirements. The portfolio shall also be appropriately diversified to avoid unreasonable and avoidable risks regarding specific security types or individual financial institutions. IV.POLICIES 1.Public Funds: It is the policy of the City of Ukiah to invest public funds in a manner which will provide the maximum safety and liquidity, while earning an investment return consistent with the objectives and parameters set forth by this policy. 2.Prudent Investor Standard: Ukiah operates its investments program under the Attachment 1 Page 439 of 500 2 Prudent Investor Standard, which states that the governing body of the local agency or the persons authorized to make investment decisions on behalf of the local agency are trustees, and, therefore, subject to the Prudent Investor Standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. 3. Management Responsibilities: Management responsibility for the investment program is delegated, for a one-year period, subject to annual review and delegation, to the City Treasurer. The City Treasurer may further delegate day-to-day management of the investment program to a professional external investment advisor. 4. Internal Controls: A system of internal controls shall be established and documented in writing by the Finance Director. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City of Ukiah. Controls deemed most important include: minimization of opportunities for collusion, separation of duties, separation of transaction authority from accounting and recordkeeping, avoidance of bearer-form securities, specific limitations regarding securities losses and remedial actions, written confirmation of all transactions, minimizing the number of authorized investment officials, documentation of transactions and strategies, and proper review and approval of brokerage accounts and investment transactions. 5. Safekeeping, Custody, and Delivery: The City’s investments shall be held in safekeeping, in the name of the City of Ukiah, by a third party custodian bank. Investment transactions shall be executed and settled using the “delivery vs. payment” method. 6. Reporting: The Finance Director shall review and have available monthly reports in the Finance Department, and available for public review, which shall include type of investment, issuer, purchase and maturity dates, rating, purchase price, par, current market value as of the date of the report and the source of this valuation, and yield to maturity. These reports shall include a list of all transactions during the past month. The Investment Advisor will also deliver periodic market updates and portfolio reviews to the Finance Director. The Finance Director will deliver investment reports to the Investment Oversight Committee and City Council. The Oversight Committee will meet at least once annually in order to conduct a Attachment 1 Page 440 of 500 3 comprehensive review of the investment activities of the City so as to ensure that regulations are being adhered to and that strategies are being followed. 7. Conflict of Interest: In accordance with California Government Code sections 1090, et seq. and 87100, et seq., officers and employees of the City will refrain from any activity that could conflict with the proper execution of the investment program or which could impair their ability to make impartial investment decisions. All investment personnel shall comply with the reporting requirements of the Political Reform Act, to include the annual filing of Statements of Economic Interest. 8. Return on Investment: The City's investment portfolio shall be designed to attain a market-average rate of return through economic cycles. The Investment Oversight Committee will measure the portfolio against an appropriate benchmark. 9. Annual Review of Policy: The Investment Advisor shall review the Investment Policy annually and provide the City Manager and Finance Director with recommendations if any are needed. The Finance Director will present the Policy, and any recommended changes, to the Investment Oversight Committee and City Council. City Council will review the Policy and recommended changes at a public meeting. V. AUTHORIZED INVESTMENTS Generally, investments shall be made in the context of the Prudent Investor Standard. The City is further governed by applicable California Government Codes, including sections 53600 and 53601 et seq. Within the context of these regulations, the following investments are authorized, and further limited herein: (a) Ukiah Bonds: Bonds issued by the City of Ukiah, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the City or by a department, board, agency, or authority of the City. (b) U.S. Treasury Obligations: United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the full faith and credit of the United States are pledged for payment of principal and interest. (c) California State Obligations: Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue- producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state. (d) Non-California State Obligations: Registered treasury notes or bonds of any of the other 49 United States in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 Attachment 1 Page 441 of 500 4 United States in addition to California. (e) Local Agency Obligations: Bonds, notes, warrants, or other certificates of indebtedness of any local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state. (f) Federal Agency or Government Sponsored Enterprise Obligations: Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by Federal Agencies or United States Government Sponsored Enterprises. (g) Bankers’ Acceptances: Bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases of bankers’ acceptances may not exceed 180 days maturity or 40% of the portfolio, and no more than 5% of the portfolio may be invested in the banker’s acceptance of any one commercial bank. (h) Commercial Paper: Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical-rating organization. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or paragraph (2): (1) The entity meets the following criteria: (a) is organized and operating in the United States as a general corporation; (b) has total assets in excess of five hundred million dollars ($500,000,000); and (c) has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or higher by an NRSRO. (2) The entity meets the following criteria: (a) is organized within the United States as a special purpose corporation, trust, or limited liability company; (b) has program- wide credit enhancements, including, but not limited to, over collateralization, letters of credit or surety bond; and (c) has commercial paper that is rated “A-1” or higher, or the equivalent, by an NRSRO. Eligible commercial paper shall have a maximum maturity of 270 days. Purchases of commercial paper may not exceed 25% of the City’s portfolio. No more than 5% of the portfolio may be invested in commercial paper of any one institution. (i) Negotiable Certificates of Deposit: Negotiable certificates of deposit or deposit notes issued by a nationally or state-chartered bank, a state or federal savings and loan association, or a federally-licensed or state-licensed branch of a foreign bank provided that the senior debt obligations of the issuing institution are rated in a rating category of "A"(long-term) or its equivalent or better or A-1 (short-term) or its equivalent or better by an NRSRO. Purchases of negotiable certificates of deposit may not exceed 30% of the portfolio, and no more than 5% of the City’s portfolio may be invested in any one financial institution. Attachment 1 Page 442 of 500 5 (j) Repurchase Agreements: The City may invest in repurchase agreements with banks and dealers with which the City has entered into a master repurchase agreement. The maturity of repurchase agreements shall not exceed 365 days. The market value of securities used as collateral for repurchase agreements shall be valued at 102% or greater of the funds borrowed against those securities at all times and shall be monitored daily by the investment staff. In order to conform with provisions of the Federal Bankruptcy Code, which provide for the liquidation of securities held as collateral for repurchase agreements, the only securities acceptable as collateral shall be direct obligations of the United States or any agency of the United States as described in §V of this policy. In addition, the City may enter into repurchase agreements only with “primary dealers” as designated by the Federal Reserve Bank of New York. All securities underlying Repurchase Agreements must be delivered to the City’s custodian bank (delivery vs. payment) or be handled under a properly executed “tri-party” repurchase agreement. The market value must be recalculated each time there is a substitution of collateral. The City or its trustee shall have a perfected first security interest under the Uniform Commercial Code in all securities subject to Repurchase Agreement. (k) Reverse Repurchase Agreements: The City may invest in reverse repurchase agreements only with “primary dealers” with which the City has entered into a master repurchase agreement contract. The City may invest in reverse repurchase agreements with the following conditions: Reverse repurchase agreements may be used only after prior approval of the City Council. The City may only use reverse repurchase agreements to (1) cover a temporary cash shortage, or (2) augment earnings. Reverse repos may not be used to leverage the portfolio. In addition: If a reverse repurchase agreement is authorized, it may be utilized only if the security to be sold on a reverse repurchase agreement has been owned and fully paid for by the City for a minimum of 30 days prior to the sale; the total of all reverse repurchase agreements on investments owned by the City does not exceed 20% of the portfolio; and the agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of the security using a reverse repurchase agreement and the final maturity date of the same security. The proceeds of the reverse repurchase agreement may not be invested in securities whose maturity exceeds the term of the reverse repurchase agreement. (l) Medium-term Notes: The City may invest in all corporate and depository institution debt securities with a maximum remaining maturity of five year or less, issued by corporations organized and operating within the United States, or by depository Attachment 1 Page 443 of 500 6 institutions licensed in the United States or any state and operating within the United States. Notes eligible for investment shall be rated in a rating category of “A” or its equivalent or better by an NRSRO. Purchase of corporate notes may not exceed 30% of the portfolio, and no more than 5% of the corporate notes in the portfolio may be invested in the same corporation. (m) Money Market Funds: Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by California Government Code section 53601 subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive and that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. To be eligible for investment these companies shall either: (i) attain the highest ranking or highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations, or (ii) have an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000). The purchase price of shares of beneficial interest purchased shall not include any commission that these companies may charge and shall not exceed 20% of the City’s portfolio. (n) Local Agency Investment Fund: The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer for the benefit of local agencies under §16429.1 of the Government Code. The maximum balance that can be held in the fund is the maximum amount permitted by LAIF’s Local Investment Advisory Board. (o) Time Deposits: The City may invest in non-negotiable time deposits that are FDIC insured or fully collateralized in financial institutions located in California, including U.S. branches of foreign banks licensed to do business in California. To be eligible to receive local agency deposits, a financial institution must receive a minimum overall “satisfactory rating” for meeting the credit needs of California Communities in its most recent evaluation. All time deposits must be collateralized in accordance with the California Government Code § 53650, et seq. Since time deposits are not liquid, no more than 25% of the cost value of the portfolio may be invested in this category. (p) Mortgage-Backed and Asset-Backed Securities: Any mortgage pass-through security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable pass-through certificate, or consumer receivable-backed bond. Securities eligible for investment under this subdivision shall be rated in a rating category of “AA” or equivalent or higher by an NRSRO and have a maximum remaining maturity of five years or less. Purchase of securities authorized by this subdivision may not exceed 20% of the agency's surplus money that may be invested pursuant to this section. Attachment 1 Page 444 of 500 7 (q) Local Government Investment Pools (LGIPs). Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in California Government Code section 53601 subdivisions (a) to (r), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria: (1) The adviser is registered or exempt from registration with the Securities and exchange Commission. (2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive. (3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000). (r) Supranational Debt. United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of "AA" or its equivalent or better by an NRSRO and shall not exceed 30% of the portfolio. Credit criteria listed in this section refers to the credit quality of the issuing organization at the time the security is purchased. The maturity limits are applied at the time of purchase. A security purchased in accordance with this Policy shall not have a forward settlement date exceeding 45 days from the time of investment. VI. INELIGIBLE INVESTMENTS The City may only invest in those obligations authorized by this policy. The City shall not invest any funds in inverse floaters, range notes, or interest-only strips that are derived from a pool of mortgages, or in any security that could result in zero interest accrual if held to maturity. However, the City may hold prohibited investments until their maturity dates. Notwithstanding the prohibition in the above paragraph, the City may invest in securities issued by, or backed by, the United States government that could result in zero- or negative- interest accrual if held to maturity, in the event of, and for the duration of, a period of negative market interest rates. The City may hold these instruments until their maturity dates. This paragraph shall remain in effect only until January 1, 2026, and as of that date is repealed. For purposes of the investment of idle City funds, the City shall not purchase securities or other investment instruments by firms explicitly and directly involved with the extraction and/or refinement of petroleum products. Any investments currently held in the portfolio shall be Attachment 1 Page 445 of 500 8 sold when determined to be financially prudent to do so, negating any recognized or realized losses related to those specific investments. VII. PORTFOLIO LIMITS AND DIVERSIFICATION 1. Maximum Investment Maturity: Unless otherwise noted within this investment policy, the City may not invest in a security with a maturity that exceeds five years from the date of purchase. For purposes of compliance with this Policy, an investment’s term or remaining maturity shall be measured from the settlement date to final maturity. Investments which exceed five years in maturity require authority granted by City Council before purchase. Written authority of the City Council must be granted specifically or as part of an investment program no less than three months prior to the date of purchase. 2. Maximum Weighted Average Maturity: The maximum weighted average maturity of the City’s investment portfolio shall not exceed 3 years to control overall exposure to interest rate risk. 3. Diversification: With the exception of obligations of the United States Government and its Agencies and authorized investment pools, no more than 10% of the portfolio may be invested in the securities of any single issuer, regardless of sector. For certain investment types, a 5% issuer limit is imposed and is stated in the investment description in the Authorized Investment section. Adopted on the 16th day of August, 2023 by the Ukiah City Council. Signed: Attest: ___________________________ _____________________________ Mari Rodin, Mayor Kristine Lawler, City Clerk Attachment 1 Page 446 of 500 1 Kristine Lawler Subject:8g, 13b, 14a Correspondence Received - Eileen Mitro ‐‐‐‐‐Original Message‐‐‐‐‐  From: Eileen Mitro <climateacƟonmendocino@gmail.com>   Sent: Tuesday, August 15, 2023 4:48 PM  To: KrisƟne Lawler <klawler@cityofukiah.com>  Subject: Comments for the City Council MeeƟng on August 16, 2023    Item 8g  The Complete Streets presentaƟon impressed just about all of us in the audience.  Having a welcoming, safe and  efficient entry into Ukiah is an important way to draw in visitors and show pride in our community.  We’re all for it!    Item 13b  It would be a hard decision to rid the City of fossil fuel investments if they were yielding much of a return.  But  since they are not and Chevron’s porƞolio matures this month it is a posiƟve step in the right direcƟon for fiduciary  responsibility and puƫng funds into more healthy investments to remove Exxon from the porƞolio of investments.    Item 14a  People are reluctant to purchase an Electric Vehicle  without assurance that there are adequate charging  staƟons in our community.  These ChargePoint chargers are a bonus for our community.  Thank you.    Eileen Mitro  Climate AcƟon Mendocino  707 234 0380  Page 447 of 500 www.thelancet.com/planetary-health Vol 7 April 2023 e271 Articles Lancet Planet Health 2023; 7: e271–81 Published Online March 16, 2023 https://doi.org/10.1016/ S2542-5196(23)00023-2 Department of Public Health, Environments and Society (P Masselot PhD, M Mistry PhD, J Vanoli MSc, R Schneider PhD, Prof A Gasparrini PhD, Prof B Armstrong PhD), Centre on Climate Change and Planetary Health (R Schneider, Prof A Gasparrini), and Centre for Statistical Methodology (Prof A Gasparrini), London School of Hygiene & Tropical Medicine, London, UK; Department of Economics, Ca’ Foscari University of Venice, Venice, Italy (M Mistry); φ-Lab, European Space Agency, Frascati, Italy (R Schneider); Institute for Global Health (ISGlobal), Barcelona, Spain (T Iungman MSc, M Nieuwenhuijsen PhD); Department of Experimental and Health Sciences, Universitat Pompeu Fabra, Barcelona, Spain (T Iungman, M Nieuwenhuijsen); Joint Research Centre, European Commission, Seville, Spain (D Garcia-Leon PhD, J-C Ciscar PhD); Joint Research Centre, European Commission, Ispra, Italy (L Feyen PhD); Department of Family Medicine and Public Health, University of Tartu, Tartu, Estonia (H Orru PhD); Institute of Atmospheric Physics, Academy of Sciences of the Czech Republic, Prague, Czech Republic (A Urban PhD); Faculty of Environmental Sciences, Czech University of Life Sciences, Prague, Czech Republic (A Urban); Institute of Epidemiology, Helmholtz Zentrum München, German Research Center for Environmental Health, Neuherberg, Germany (S Breitner, V Huber PhD, Excess mortality attributed to heat and cold: a health impact assessment study in 854 cities in Europe Pierre Masselot, Malcolm Mistry, Jacopo Vanoli, Rochelle Schneider, Tamara Iungman, David Garcia-Leon, Juan-Carlos Ciscar, Luc Feyen, Hans Orru, Aleš Urban, Susanne Breitner, Veronika Huber, Alexandra Schneider, Evangelia Samoli, Massimo Stafoggia, Francesca de’Donato, Shilpa Rao, Ben Armstrong, Mark Nieuwenhuijsen, Ana Maria Vicedo-Cabrera, Antonio Gasparrini, on behalf of MCC Collaborative Research Network and EXHAUSTION project Summary Background Heat and cold are established environmental risk factors for human health. However, mapping the related health burden is a difficult task due to the complexity of the associations and the differences in vulnerability and demographic distributions. In this study, we did a comprehensive mortality impact assessment due to heat and cold in European urban areas, considering geographical differences and age-specific risks. Methods We included urban areas across Europe between Jan 1, 2000, and Dec 12, 2019, using the Urban Audit dataset of Eurostat and adults aged 20 years and older living in these areas. Data were extracted from Eurostat, the Multi-country Multi-city Collaborative Research Network, Moderate Resolution Imaging Spectroradiometer, and Copernicus. We applied a three-stage method to estimate risks of temperature continuously across the age and space dimensions, identifying patterns of vulnerability on the basis of city-specific characteristics and demographic structures. These risks were used to derive minimum mortality temperatures and related percentiles and raw and standardised excess mortality rates for heat and cold aggregated at various geographical levels. Findings Across the 854 urban areas in Europe, we estimated an annual excess of 203 620 (empirical 95% CI 180 882–224 613) deaths attributed to cold and 20 173 (17 261–22 934) attributed to heat. These corresponded to age-standardised rates of 129 (empirical 95% CI 114–142) and 13 (11–14) deaths per 100 000 person-years. Results differed across Europe and age groups, with the highest effects in eastern European cities for both cold and heat. Interpretation Maps of mortality risks and excess deaths indicate geographical differences, such as a north–south gradient and increased vulnerability in eastern Europe, as well as local variations due to urban characteristics. The modelling framework and results are crucial for the design of national and local health and climate policies and for projecting the effects of cold and heat under future climatic and socioeconomic scenarios. Funding Medical Research Council of UK, the Natural Environment Research Council UK, the EU’s Horizon 2020, and the EU’s Joint Research Center. Copyright © 2023 The Author(s). Published by Elsevier Ltd. This is an Open Access article under the CC BY 4.0 license. Introduction Heat and cold are now established health risk factors, with several studies reporting important mortality effects in populations around the world.1–3 The associated health burden is expected to increase with climate change, especially under the most extreme scenarios of global warming.4,5 However, robust estimates of excess mortality in the current and future periods are still challenging to obtain due to the numerous factors influencing vulnerability to heat and cold, including climatic, environmental, and socioeconomic conditions.6 These factors represent the main drivers of variation in mortality risks, which have been shown to differ geographically and across age groups. Cities are particularly affected by environmental stressors and potential impacts of climate change.7 Around 40% of the EU population lives in cities of at least 50 000 inhabitants8 and the urban population experiences overall higher levels of temperature stress, particularly heat.9,10 In addition, European cities vary in socioeconomic, environmental, and climatic conditions, and it is reasonable to expect that these differences lead to high variation in vulnerability to temperature-related risks. Better knowledge of the city-level mortality effects of climate change-related stressors is crucial for the design and implementation of adaptation policies. Few European-wide assessments of the mortality burden related to temperature have been published. Martínez-Solanas and colleagues5 estimated the Europe- wide risk of both heat and cold at the regional level, whereas other studies have provided evidence at the local level, focusing on specific European countries11–14 or regions.15 Other assessments have included the European region in global evaluations.2 Although some consistent results emerge from these analyses, such as an overall north–south gradient and increased risks of heat in more urbanised areas, there are also disparities in the reported estimates. 13b Correspondence Received from Councilmember Crane Page 448 of 500 Articles e272 www.thelancet.com/planetary-health Vol 7 April 2023 Differences in risks and related burdens can be partly attributed to the geographical scale of the studies. Previous assessments have focused either on large-scale analyses that do not fully represent local vulnerabilities in urban populations or were based on data with higher resolution but with little geographical scope. Most of the evidence is also limited to western European countries, with Scandinavia and eastern Europe less represented.16,17 Another important limitation is the absence of consideration for demographic differences, whereby the differential risks across age groups reported in the literature can lead to variation in estimated mortality effects.3 In addition, previous analyses have not considered other characteristics that can modify the vulnerability to heat and cold, such as location-specific socioeconomic and environmental variables. These shortcomings pose important limits to the design and implementation of effective public health and climate adaptation strategies. The objective of the present study is to provide a compre hensive and consistent assessment of the current mortality burden associated with non-optimal temperature across most European cities, characteris- ing differences in risks due to local distributions of vulnerability factors and demographic distributions. We take advantage of a large dataset of daily time series of mortality and temperature to derive exposure– response relationships and excess mortality in 854 cities across Europe. The assessment is based on an advanced modelling framework that allows an in-depth explo- ration of geographical differences with the provision of age-specific risks and age-standardised effects to facilitate the comparison across locations and countries. The model and results can be applied for projections in future climatic conditions, accounting for shifts in the age distribution and various socioeconomic scenarios, and eventually be used to design adaptation policies. Methods Selection of representative cities We defined a comprehensive list of European cities using the Urban Audit dataset of Eurostat.18 This database includes data of 870 European urban areas exceeding 50 000 inhabitants, based on the degree of urbanisation methodology.19 From this list of cities, we excluded remote overseas locations with very differ ent climates from France, Spain, Portugal, and Reykjavik (Iceland)—eg, Azores and Canary Islands. The final sample included 854 cities from 30 countries (27 countires in the EU and Norway, Switzerland, and the UK). For a selection of 232 cities, we were able to retrieve observed daily counts of mortality for all causes or non- accidental causes (International Classification of Diseases [ICD]-9 codes 0–799 and ICD-10 codes A00-R99) in overlapping periods from the database of the Multi- country Multi-city (MCC) Collaborative Research Network.1,4 The available MCC cities cover the various regions and climates represented in the Urban Audit dataset. Daily mortality data were available as both all-age and age-specific series, with age groups differing between countries (appendix pp 3–6). Additionally, we retrieved annual vital statistics for all 854 cities from the dataset of Eurostat.20 These data were A Schneider PhD); IBE-Chair of Epidemiology, LMU Munich, Munich, Germany (S Breitner, V Huber); Department of Hygiene, Epidemiology and Medical Statistics, National and Kapodistrian University of Athens, Athens, Greece (E Samoli PhD); Department of Epidemiology, Lazio Regional Health Service/ASL Roma 1, Rome, Italy (M Stafoggia PhD, F de’Donato PhD); Norwegian Institute of Public Health, Oslo, Norway (S Rao PhD); CIBER Epidemiología y Salud Pública, Madrid, Spain (M Nieuwenhuijsen); Institute of Social and Preventive Medicine, University of Bern, Bern, Switzerland (A M Vicedo-Cabrera PhD); Oeschger Center for Climate Change Research, University of Bern, Bern, Switzerland (A M Vicedo-Cabrera) Correspondence to: Dr Pierre Masselot, Department of Public Health, Environments and Society, London School of Hygiene & Tropical Medicine, London WC1H 9SH, UK pierre.masselot@lshtm.ac.uk Research in context Evidence before this study The mortality risks and effects related to non-optimal temperature are widely studied topics with evidence provided for many countries in Europe. We searched PubMed, Web of Science, and Google Scholar for mortality impact assessments in Europe, whether included in global studies or restricted to smaller parts of the continent, using the search terms “temperature” AND “mortality” AND “impact”, for articles published between Jan 1, 2010, and Dec 31, 2021, in English. Our search revealed that a handful of global studies included a small number of European cities in their assessment, had aggregated evidence at the national or regional level, or, for studies of a small-area level, were restricted to single countries. In particular, studies have focused almost exclusively on western European countries compared with Scandinavian or eastern locations. Finally, and more importantly, no study has accounted for demographic differences across Europe. Added value of this study This Europe-wide assessment provides risk estimates and mortality impact assessment related to both heat and cold across a representative selection of urban areas, namely 854 European cities, including several regions with little previous evidence, such as Scandinavia and eastern Europe. Additionally, estimates of this study account for an extensive list of city-level socioeconomic, climatic, and environmental characteristics to represent differences in vulnerability across countries and regions. This study also fully integrates age as a risk modifier and provides age-standardised excess mortality estimates to account for demographic differences. Implications of all the available evidence The results and maps provided in this study offer a comprehensive picture of the mortality impact of non-optimal temperature across Europe, characterising geographical differences in vulnerability among urban populations across the continent. This evidence is valuable to policy makers to protect the most vulnerable populations and identify strategies to design effective adaptation policies. The proposed modelling framework provides a blueprint for the projection of non-optimal temperature-related mortality under various climate and socioeconomic scenarios. See Online for appendix Page 449 of 500 Articles www.thelancet.com/planetary-health Vol 7 April 2023 e273 available at various nested levels of the Nomenclature of Territorial Units for Statistics (NUTS). Specifically, we collected crude death rates and the demographic structure from the corresponding NUTS3 level, and life expectancy from the NUTS2 level, by 5-year age groups. This information was used to reconstruct predicted city- level daily mortality counts and the average age of death for selected age groups in the period 2000–20. We extracted daily series of mean air temperature at 2 m from the ground for each of the 854 cities for the period 1990–2019 from the fifth generation of European Reanalysis (ERA5)-Land dataset.21 ERA5-Land represents one of the most advanced climate reanalysis products and offers land-surface data on a global grid with a resolution of approximately 9 km. The ERA5-Land database was found to provide a satisfactory proxy to station-based series.22,23 Temperature series were created by averaging the grid cells-specific series with centroids within the spatial boundaries of each city. We also collected several city-specific variables to differentiate patterns of vulnerability across urban populations within Europe. These variables were gathered from multiple sources and represent various socioeconomic, environmental, topographical, and infrastructural characteristics. Similarly to mortality and population data, the variables were defined by averaging all available values in 2000–20. Specifically, we collected information on 22 characteristics (described in appendix pp 7–9). Total population, the proportion of population aged older than 65 years, population density, and the proportion of single-person households were extracted directly from the Urban Audit dataset. Other variables unavailable at the city level were gathered at higher administrative levels. Gross domestic product was assigned from the corresponding NUTS3. Other factors including life expectancy at birth, unemployment rate, education level, deprivation rate, and hospital bed rates were collected at NUTS2. In addition, we derived some variables from remote sensing satellite measurements and global reanalysis datasets, including the normalised difference vegetation index from the moderate resolution imaging spectroradiometer instrument onboard Terra and Aqua US National Aeronautics and Space Administration satellites,24 and we derived variables for fine particulate matter (PM2·5) and nitrogen dioxide (NO2) concentrations from the Atmospheric Composition Analysis Group website.25 Land cover characteristics were retrieved from the Copernicus Pan-European High Resolution Layers, including char- acteristics for imperviousness, tree cover density, grassland, water and wetness, and small woody features. Similarly to the temperature data, we extracted and averaged all pixels with centroids within the city boundaries. Finally, we derived mean and range annual temperature directly from the temperature series described in the previous section. City and age-specific risk estimation The mortality impact assessment was based on an advanced three-stage modelling framework. Full modelling and computational details are provided in the appendix (p 10). In the first stage, we estimated temperature-related risks in the subset of 232 cities with observed daily mortality data through a quasi-Poisson regression model. Exposure-response functions (ERFs) between temperature and mortality accounting for non-linearity and lagged effects were specified with a distributed lag non-linear model,26 using a parameterisation previously applied in other multi-country analyses.1 The model also included indicator terms for the day of the week and a natural spline Number of cities Cities in Multi-country Multi-city Collaborative Research Network Population Annual deaths Mean temperature (IQR) in Celsius (°C) Northern Europe Denmark 4 0 1 211 882 10 719 9·1 (3·9 to 14·3) Estonia 3 3 (100%)565 429 6100 6·4 (–0·2 to 13·9) Finland 9 1 (11%)1 903 948 16 312 5·1 (–1·3 to 12·8) Ireland 5 1 (20%)1 489 041 9 162 10·2 (7·2 to 13·6) Latvia 10 0 1 098 034 15 893 7·4 (0·9 to 14·6) Lithuania 6 0 1 316 515 17 917 7·8 (1·1 to 15·0) Norway 4 1 (25%)1 098 188 7542 5·5 (0·4 to 11·2) Sweden 14 3 (21%)3 726 071 30 938 7·4 (1·3 to 13·8) UK 135 103 (76%)35 643 424 301 742 9·9 (6·0 to 13·9) Western Europe Austria 6 0 2 454 346 21 943 8·7 (1·8 to 15·2) Belgium 15 0 3 251 039 31 110 10·7 (6·0 to 15·5) France 72 18 (25%)24 360 709 194 887 12·1 (7·2 to 16·8) Germany 127 12 (9%)28 937 024 310 577 10·0 (4·3 to 15·5) Luxembourg 1 0 91 239 647 9·7 (4·3 to 14·9) Netherlands 47 5 (11%)7 387 464 63 222 10·7 (6·0 to 15·4) Switzerland 12 8 (67%)2 506 596 20 025 9·1 (2·9 to 14·8) Eastern Europe Bulgaria 18 0 3 232 248 46 878 11·8 (4·5 to 19·0) Czechia 18 3 (17%)3 172 388 33 165 9·0 (2·4 to 15·4) Hungary 19 0 3 499 014 45 490 11·5 (4·1 to 18·6) Poland 68 0 12 999 552 144 574 9·1 (2·5 to 15·8) Romania 35 8 (23%)7 627 652 100 534 10·8 (3·0 to 18·3) Slovakia 8 0 1 122 490 10 912 9·4 (2·0 to 16·3) Southern Europe Croatia 7 0 1 390 152 16 410 13·0 (6·8 to 19·4) Cyprus 3 3 (100%)599 105 4085 20·3 (13·9 to 26·4) Greece 14 1 (7%)4 296 023 45 581 15·7 (9·5 to 22·1) Italy 87 16 (18%)21 359 668 221 951 14·6 (8·8 to 20·4) Malta 1 0 214 150 1627 19·3 (14·8 to 23·8) Portugal 14 2 (14%)4 384 586 43 230 15·2 (11·4 to 19·1) Slovenia 2 0 388 879 3516 10·4 (3·6 to 16·8) Spain 90 44 (49%)23 684 538 211 589 15·3 (10·2 to 20·3) Total 854 232 (27%)205 011 394 1 988 278 10·8 (5·0 to 16·8) Table 1: Descriptive statistics of selected cities by country Page 450 of 500 Articles e274 www.thelancet.com/planetary-health Vol 7 April 2023 of time with 7 degrees of freedom per year to control for time-varying confounders. We excluded data for August, 2003, from the model because results were sensitive to the exceptional mortality effect related to the European heat wave in some locations. In each city, the model is fitted on multiple age-specific series, when available, or otherwise on the single all-age mortality data. Age groups, varying across countries (see appendix p 5), were merged when needed to ensure a minimum total death count of 5000 to avoid con- vergence issues in the first-stage regression.27 Therefore, we obtained 577 age-specific sets of estimates across the 232 cities. We then extracted the reduced coefficients representing the overall cumulative ERFs for each city and age group.28 In the second stage, we first pooled all the 577 ERF coefficients in a repeated-measure multivariate meta- regression model, with city-level random effects assigned to multiple age-specific observations.29 The model included smooth terms to represent age effects and composite vulnerability terms to capture geographical differences in temperature-related mortality risks, in addition to indicators for the four cardinal regions in Europe.30 To model age differences, we first attributed a specific value to each city-specific age group. This value corresponded to the average age of death computed using 5-year age-specific death rates. We created a continuous age variable, which was included as a linear term in the meta-regression model. The composite vulnerability terms were created through partial least- squares (PLS)31 reduction of the 22 city-specific characteristics. The PLS procedure allowed us to combine information from a high number of highly correlated variables to define a lower number of uncorrelated components that can easily be integrated within the meta-analysis frame work to disentangle geographical differences in risk. We eventually included the first four PLS components following a selection based on minimising the Akaike information criterion of the meta-regression model. In addition, we captured spatial differences in ERFs not explained by city characteristics by interpolating residuals from the meta- regression using ordinary kriging.32 This procedure created a continuous spatial field of local differentials in vulnerability (appendix pp 20–23). We used these models as predictive tools to extrapolate age and city-specific ERFs for the full set of 854 cities. The point estimates and associated variance or covariance matrix of the ERF coefficients were computed as the sum of the predictions from the meta-regression model, given specific age values and observed characteristics reduced to PLS components, plus deviations defined by the kriging field. From ERFs, we reported relative risks at the first and 99th percentiles as well as the minimum mortality percentile (MMP) and minimum mortality temperature (MMT). Uncertainty in MMT and MMP was assessed following a previously used method.33 Mortality impact assessment In this final stage, we used the framework described to predict ERFs for five age groups (20–44, 45–64, 65–74, 75–84, and ≥85 years) for each of the 854 cities. Data for people younger than 20 years were excluded from the impact assessment due to low availability and high uncertainty of data in the youngest age groups. We also predicted the city-specific average age of death within each age group, which was computed from crude death rates and life expectancy at 85 years for the oldest age group. For each city and age group, we then computed the excess number of deaths due to heat and cold separately using a standard method.34 These numbers were then divided by the total population to compute the contribution of each age group to the excess deaths. To compare the impact across locations with potentially different demographic distributions, we then computed standardised death rates as follows: the excess number of deaths was first divided by the population to obtain Figure 1: Overall age effect in the predicted risk (A) Pooled overall cumulative exposure–response relationship predicted at several ages. (B) MMP versus age. Filled ribbons represent several degrees of CIs. MMP=minimum mortality percentiles. 50%80%95% CI Age (years) 0 1 25 50 75 99 1·0 1·2 1·4 1·6 1·8 2·0 A Re l a t i v e r i s k Te mperature percentile 20 30 605040 70 9080 100 40 0 50 60 70 80 90 B MM P Age (years) 45 65 75 85 Page 451 of 500 Articles www.thelancet.com/planetary-health Vol 7 April 2023 e275 age-specific excess death rates, which were then combined in standardised death rates computed for each city (using the European standard population of 2013 as a reference). Uncertainty in excess deaths and rates was quantified as empirical CIs using Monte Carlo simulations, adapting a previously proposed method to account for the dependencies related to the pooling of city-specific risks.34 Specifically, we did 1000 Monte Carlo iterations by sampling directly from the estimated coefficients and associated variance and covariance matrix of the meta-regression model and then the residuals of the kriging procedure. Details are provided in the appendix (p 24). Role of the funding source The funder of the study had no role in study design, data collection, data analysis, data interpretation, or writing of the report. Results Descriptive statistics aggregated at the country level are shown in table 1, including the subset of 232 MCC cities with observed mortality series used to estimate the risk associations (appendix p 6). The assessment covered a population of over 200 million inhabitants of cities in the 30 countries. Luxembourg is the smallest country with a single city representing 91 239 people, whereas the UK had the largest representation with 135 cities and more than 35 million people. The mortality impact assessment included almost 2 million deaths occurring annually across the 854 cities. The countries represent diverse climates within Europe, with mean temperatures ranging from 5·1°C (IQR –1·3 to 12·8) in Finland to 20·3°C (13·9 to 26·4) in Cyprus. The pooled exposure–response associations for dif- ferent ages, representing average temperature-related mortality relative risks (RR) across Europe and rep- resented as temperature percentiles using the Euro- pean average temperature distribution, are shown in Figure 1A. The curves show the common reversed-J shape, with a moderately high MMP and the mortality risk increasing for both colder and hotter temperatures. The shapes of the curves were very similar for ages 65 and older, with the curves becoming steeper as age increases. Specifically, the cold-related RRs estimated at the first percentile versus the MMP varied from 1·21 (95% CI 1·17–1·26) for people aged 65 years to 1·36 (1·31–1·40) for people aged 85 years. The heat-related RR at the 99th percentile raised from 1·21 (1·17–1·26) for people aged 65 years to 1·27 (1·23–1·32) for people aged 85 years. The curve predicted for people aged 45 years was much flatter than for those aged 65 years and older, with a lower MMP and a slight decrease of risk of exposure to extreme cold but still a risk associated with heat. The change of MMP with age is shown in figure 1b, which suggests an increasing trend in MMP until it reaches the 90th temperature percentile at age 70 years. The uncertainty in MMP at younger ages reflects the lower statistical power in these age bands. 1·5 1·5 1·0 1·0 2·0 2·0 Re l a t i v e r i s k a t t e m p e r a t u r e pe r c e n t i l e 1 Re l a t i v e r i s k a t t e m p e r a t u r e pe r c e n t i l e 9 9 NorthernWesternEastern Southern Cop e n h a g e n Tal l i n n Hel s i n k i Du b l i n Rig a Viln i u s Osl o Sto c k h o l m Lon d o n Vie n n a Bru s s e l s Par i s Ber l i n Lux e m b o u r g Am s t e r d a m Ber n Sofi a Pra g u e Bud a p e s t Wa r s a w Buc h a r e s t Bra t i s l a v a Zag r e b Nic o s i a Ath e n s Rom e Val l e t t a Lisb o n Lju b l j a n a Ma d r i d Age group (years) 20-45 45-65 65-75 75-85>85 Figure 2: Cold (first percentile of temperature, in blue) and heat (99th percentile of temperature, in red) relative risks in capital cities for five age groups Relative risks are predicted at the average age of death for each group. Separations correspond to the M49 region classification. Page 452 of 500 Articles e276 www.thelancet.com/planetary-health Vol 7 April 2023 A comparison of the age-specific risks associated with cold and heat in the capital city of each country is displayed in figure 2, which shows the RRs at the first and 99th percentile versus the MMT computed for five different age groups. The cold-related RR increases with age and is slightly higher in northern and southern countries than in western and eastern countries. High risks for the age group 85 years and older were estimated in London (UK; RR of 2·05 [95% CI 1·82–2·32]), Dublin (Ireland; 1·73 [1·66–1·81]), and Valletta (Malta; 1·70 [1·52–1·91]). Heat-related RRs also showed an increasing trend by age and were generally lower in the northern Excess deaths (cold Excess deaths (heat)Attributable fraction (%; cold) Attributable fraction (%; heat) Excess death rates (per 100 000 person- years; cold) Excess death rates (per 100 000 person- years; heat) Standardised excess death rates (per 100 000 person- years; cold) Standardised excess death rates (per 100 000 person-years; heat) Northern Europe Denmark 1319 (1080 to 1537)44 (24 to 61)8·64 (7·08 to 10·08)0·29 (0·16 to 0·40)144 (118 to 168)5 (3 to 7)165 (134 to 193)6 (3 to 8) Estonia 727 (495 to 954)29 (11 to 46)8·49 (5·78 to 11·14)0·34 (0·12 to 0·53)165 (112 to 217)7 (2 to 10)177 (120 to 232)7 (3 to 11) Finland 2231 (1548 to 2821)69 (26 to 108)9·28 (6·44 to 11·74)0·29 (0·11 to 0·45)153 (106 to 193)5 (2 to 7)165 (115 to 209)5 (2 to 8) Ireland 1664 (1442 to 1866)10 (1 to 18)12·71 (11·00 to 14·24)0·08 (0·01 to 0·14)153 (132 to 171)1 (0 to 2)227 (196 to 255)1 (0 to 3) Latvia 2095 (1322 to 2855)126 (–17 to 251)9·72 (6·14 to 13·25)0·59 (–0·08 to 1·16)240 (151 to 327)14 (–2 to 29)243 (154 to 331)15 (–2 to 29) Lithuania 2301 (1431 to 3178)141 (–33 to 289)9·39 (5·84 to 12·96)0·58 (–0·13 to 1·18)223 (138 to 307)14 (–3 to 28)233 (145 to 322)14 (–3 to 29) Norway 1085 (794 to 1356)28 (10 to 42)9·89 (7·24 to 12·36)0·25 (0·09 to 0·38)131 (96 to 163)3 (1 to 5)167 (123 to 209)4 (2 to 6) Sweden 4168 (3297 to 4909)134 (83 to 181)8·92 (7·06 to 10·51)0·29 (0·18 to 0·39)148 (117 to 175)5 (3 to 6)153 (121 to 181)5 (3 to 7) United Kingdom 42 915 (37 396 to 47 920)762 (530 to 975)9·87 (8·60 to 11·03)0·18 (0·12 to 0·22)162 (141 to 181)3 (2 to 4)183 (159 to 204)3 (2 to 4) Total 58 505 (51 237 to 65 142)1343 (880 to 1763)9·76 (8·55 to 10·87)0·22 (0·15 to 0·29)163 (142 to 181)4 (2 to 5)183 (160 to 204)4 (3 to 6) Western Europe Austria 1586 (845 to 2228)215 (158 to 273)4·97 (2·65 to 6·98)0·67 (0·49 to 0·86)81 (43 to 114)11 (8 to 14)90 (48 to 127)12 (9 to 15) Belgium 2093 (1422 to 2763)247 (196 to 298)4·48 (3·04 to 5·92)0·53 (0·42 to 0·64)85 (58 to 113)10 (8 to 12)82 (56 to 108)10 (8 to 12) France 17 730 (12 790 to 21 886)1388 (1107 to 1653)5·96 (4·30 to 7·35)0·47 (0·37 to 0·56)99 (71 to 122)8 (6 to 9)89 (63 to 110)7 (6 to 8) Germany 19 728 (13 778 to 25 405)2886 (2380 to 3410)4·37 (3·05 to 5·63)0·64 (0·53 to 0·76)84 (59 to 109)12 (10 to 15)81 (57 to 105)12 (10 to 14) Luxembourg 46 (27 to 64)6 (4 to 7)4·76 (2·80 to 6·63)0·59 (0·44 to 0·73)66 (39 to 91)8 (6 to 10)84 (50 to 117)10 (8 to 13) Netherlands 3419 (1463 to 5258)479 (346 to 601)3·68 (1·58 to 5·67)0·52 (0·37 to 0·65)61 (26 to 93)8 (6 to 11)70 (30 to 108)9 (7 to 12) Switzerland 1538 (889 to 2108)213 (172 to 250)4·91 (2·84 to 6·73)0·68 (0·55 to 0·80)78 (45 to 107)11 (9 to 13)78 (45 to 107)11 (9 to 13) Total 46 141 (35 034 to 56 752)5433 (4511 to 6329)4·84 (3·68 to 5·96)0·57 (0·47 to 0·66)86 (66 to 106)10 (8 to 12)83 (63 to 102)10 (8 to 12) Eastern Europe Bulgaria 5745 (4458 to 7031)522 (261 to 744)9·25 (7·18 to 11·32)0·84 (0·42 to 1·20)221 (172 to 271)20 (10 to 29)266 (206 to 324)24 (12 to 34) Czechia 3716 (2391 to 4932)235 (139 to 324)8·00 (5·15 to 10·62)0·51 (0·30 to 0·70)147 (95 to 196)9 (6 to 13)180 (117 to 238)11 (7 to 15) Hungary 5295 (4036 to 6543)402 (230 to 563)8·78 (6·69 to 10·85)0·67 (0·38 to 0·93)189 (144 to 233)14 (8 to 20)211 (162 to 261)16 (9 to 22) Poland 16 510 (12 280 to 20 579)1 263 (754 to 1737)8·44 (6·28 to 10·52)0·65 (0·39 to 0·89)159 (118 to 198)12 (7 to 17)182 (136 to 227)14 (8 to 19) Romania 12 939 (10 280 to 15 493)1 137 (633 to 1598)10·01 (7·95 to 11·99)0·88 (0·49 to 1·24)215 (171 to 258)19 (11 to 27)262 (209 to 313)23 (13 to 32) Slovakia 1 203 (890 to 1507)99 (57 to 138)8·51 (6·30 to 10·67)0·70 (0·40 to 0·97)137 (101 to 172)11 (6 to 16)202 (152 to 252)16 (10 to 23) Total 45 408 (34 920 to 55 579)3659 (2203 to 4970)8·94 (6·88 to 10·94)0·72 (0·43 to 0·98)180 (139 to 220)15 (9 to 20)213 (165 to 259)17 (10 to 23) Southern Europe Croatia 1714 (1177 to 2240)412 (277 to 535)7·52 (5·17 to 9·83)1·81 (1·21 to 2·35)156 (107 to 203)37 (25 to 49)178 (123 to 232)42 (28 to 55) Cyprus 507 (404 to 611)74 (52 to 92)8·29 (6·60 to 9·99)1·20 (0·86 to 1·51)111 (88 to 134)16 (11 to 20)166 (132 to 199)23 (17 to 29) Greece 4693 (3442 to 5899)738 (459 to 994)6·98 (5·12 to 8·78)1·10 (0·68 to 1·48)138 (101 to 173)22 (14 to 29)127 (93 to 160)20 (13 to 27) Italy 23 283 (17 955 to 28 269)5034 (3942 to 6112)6·75 (5·21 to 8·20)1·46 (1·14 to 1·77)135 (104 to 164)29 (23 to 36)112 (86 to 136)25 (19 to 30) Malta 178 (129 to 226)35 (22 to 47)7·73 (5·62 to 9·82)1·51 (0·95 to 2·06)104 (76 to 133)20 (13 to 28)138 (100 to 175)27 (16 to 36) Portugal 4573 (3539 to 5587)529 (385 to 658)6·96 (5·38 to 8·50)0·80 (0·59 to 1·00)132 (102 to 162)15 (11 to 19)129 (100 to 158)15 (11 to 19) Slovenia 278 (163 to 381)70 (44 to 93)5·41 (3·17 to 7·41)1·37 (0·86 to 1·81)90 (53 to 124)23 (14 to 30)98 (58 to 134)25 (16 to 33) Spain 18 342 (12 300 to 23 265)2848 (2053 to 3589)5·55 (3·72 to 7·04)0·86 (0·62 to 1·09)98 (66 to 124)15 (11 to 19)88 (59 to 111)14 (10 to 18) Total 53 566 (40 211 to 65 368)9738 (7455 to 11 879)6·34 (4·76 to 7·74)1·15 (0·88 to 1·41)120 (90 to 146)22 (17 to 27)106 (79 to 129)19 (15 to 24) Total Total 203 620 (180 882 to 224 613) 20 173 (17 261 to 22 934) 7·01 (6·23 to 7·73)0·69 (0·59 to 0·79)128 (113 to 141)13 (11 to 14)129 (114 to 142)13 (11 to 14) Table 2: Country-level annual excess number of deaths, attributable fractions, and raw and age-standardised rates for cold and heat for the population aged 20 years and older Page 453 of 500 Articles www.thelancet.com/planetary-health Vol 7 April 2023 e277 region. The city with the highest heat-related RRs across all ages was Paris (France), with a RR of 1·60 (1·42–1·81) for the age group 85 years and older. The mortality impacts, quantified as the excess number of deaths and fractions, as well as standardised rates for 100 000 person-years, are reported in table 2. Across the 30 countries, we estimated an annual average excess of 203 620 (empirical 95% CI 180 882 to 224 613) deaths due to cold and 20 173 (17 261 to 22 934) due to heat, which amount to attributable fractions of 7·01% (6·23 to 7·73) and 0·69% (0·59 to 0·79), respectively. When reported as standardised excess rates, these figures correspond to 129 (114 to 142) and 13 (11 to 14) excess deaths per 100 000 person-years. Figure 3 shows the raw excess death rates broken down by age groups at the country level. For both cold and heat, the effect was noticeably larger for the oldest age group, with 82 (72 to 91) and seven (six to eight) excess deaths per 100 000 person-years. This excess represented around 60% of the total burden for both cold and heat. In contrast, there was around one death per 100 000 person- years in the youngest age group for cold, and less than one per 100 000 person-years for heat. The impact of cold is important everywhere, but is generally smaller in the western region and larger in the northern and eastern regions, with a maximum of 240 (151 to 327) raw excess deaths per 100 000 person-years due to cold in Latvia. There is wider heterogeneity in the effect of heat, which is low in the northern region, with the exception of Latvia and Lithuania, and much higher in the southern region, with a maximum of 37 (25 to 49) excess deaths per 100 000 person-years in Croatia. The full geographical distribution of temperature effects across the 854 cities is shown in figure 4. The MMP and MMT display an overall north–south gradient but in opposite directions, with the MMP smoothly decreasing and the MMT increasing as temperature distributions get hotter, although with local exceptions. The MMP ranges from the 68th percentile in Ferrol and San Sebastían (Spain), with overall low values in Mediterranean Europe, to the 96th percentile in several cities within the UK and Ireland. The MMTs range from 14·5°C (empirical 95% CI 14·1–15·0) in Aberdeen (UK) to 27·2°C (27·0–27·8) in Nicosia (Cyprus). Cold and heat-related standardised excess death rates are shown in figure 4 at the city level and in table 2 at the country level. These standardised risk summaries account for demographic differences and provide a fairer geographical comparison than raw excess death rates. Cold-related standardised excess rates are important in the eastern-most countries as well as the UK and Ireland, with a maximum of 353 (empirical 95% CI 272–429) deaths per 100 000 person-years in Vidin (Bulgaria). Regarding heat-related effects, there was a clear northwest–southeast gradient, with relatively small standardised excess rates in Ireland and the UK, but large standardised excess rates in the southeastern countries. The highest heat-related standardised excess death rate was 58 (37–76) per 100 000 person-years in Osijek (Croatia). Heat-related stan dardised rates were similar in the eastern region compared with the southern region (see table 2), whereas excess deaths in figure 3 were larger in southern countries (as the population was generally older). There was some suggestion of a slight coastal effects, with higher cold-related and lower heat- related effects in locations close to the sea compared with their inland neighbours. All these patterns reflect contributions of city-level characteristics, combined in composite indices of vulnerability included in the second-stage meta-regression model (appendix pp 16–19). Discussion This study provides a comprehensive mortality impact assessment related to non-optimal temperatures in the urban population of Europe by evaluating risks and impacts in 854 cities across the continent. Results indicated large vulnerability differences between ages and low vulnerability to cold for younger ages, indicated by lower MMPs and a flatter exposure–response function at lower percentiles. The vulnerability to heat also increased with age, although the difference was less steep than it was for cold, suggesting that the effect of heat affected all ages more homogeneously. Overall, the population aged older than 85 years contributed around 60% of the total mortality burden. No r t h e r n Wes t e r n E a s t e r n So u t h e r n 10 20 30 25040050100150200250 DenmarkEstonia Finland Ireland Latvia LithuaniaNorway Sweden UK Total Austria Belgium FranceGermany Luxembourg Netherlands Switzerland TotalBulgaria Czechia Hungary Poland Romania Slovakia Total Croatia Cyprus Greece Italy MaltaPortugal Slovenia Spain Total Europe Excess death rate (per 100 000 person-years) Age group 20-45 45-65 65-75 75-85 <85 Figure 3: Country-level cold (in blue) and heat (in red) annual raw death rates broken down by age group Page 454 of 500 Articles e278 www.thelancet.com/planetary-health Vol 7 April 2023 Standardising for age differences, we found substantial vulnerability differences between regions. In particular, there were increased impacts of both cold and heat in eastern Europe, with countries such as Croatia, Bulgaria, and Romania showing higher vulnerability than countries in western Europe. Excess mortality was generally lower in western Europe than in the other regions, including northern and southern Europe, except for a few very large cities such as London (UK) and Paris (France). Northern countries showed the lowest risks for heat but also relatively low vulnerability to cold given the much higher exposure to low temperatures, suggesting an adaptive capacity to rigid cold climates, especially when compared with countries in the eastern region. We also found impacts associated with heat in Mediterranean locations, although this impact was lower when age differentials were accounted for. Some within-country differences can also be noted, particularly in the MMT, linked to variations in the local climate and to urban heat island effects. The disparities observed in vulnerability to heat and cold could be associated with a number of factors, including the local climate, urban heat island effects, Figure 4: Maps of annual impacts of cold and heat on mortality across European cities MMTs (A) and MMPs (B) predicted at age 65 years and standardised excess death rates for heat (C) and cold (D). MMP=minimum mortality percentiles. MMT=minimum mortality temperature. 15°C 17°C 18°C 19°C 20°C 21°C 27°C7782909193 MMT at 65 years MMP (%) at 65 years 40 70 80 90 120 160 180 210 350 Cold-related standardised excess death rate (per 100 000 person-years) 5101520 Heat-related standardised excess death rate (per 100 000 person-years) Population (millions) 0·1 0·5 1·0 5·0 AB CD Page 455 of 500 Articles www.thelancet.com/planetary-health Vol 7 April 2023 e279 access to health care, or land cover (eg, the accessibility of water or trees). Previous studies have found associations between vulnerability to heat and green areas, PM2·5, population density, or economic inequalities.6,35 The composite indices of vulnerability created in this study also suggest effect modification from the city size, proximity to water and green areas, and socioeconomic inequalities (appendix p 18). However, there is still little evidence on effect modifiers and this necessitates additional research.3 The highly complex interaction between various factors is not usually accounted for, and a method such as PLS does not allow drawing conclusions for individual factors. An important strength of our study was the provision of detailed impact estimates with unprecedented city coverage. In contrast to past assessments focusing solely on extreme heat,36,37 our analysis quanti fied risks across the whole spectrum of non-optimal temperatures. We provided local estimates of excess mortality in a representative sample of more than 800 cities across Europe, compared with previous regional or country- level analyses,5,38 also extending the assessment to Scandinavia and eastern Europe. The characterisation of ERFs was based on the application of state-of-the-art statistical models to actual daily series of mortality and temperature, and not inferred from external data.38 Compared with other published mortality impact assessments,1,2,5,37,38 one of the most important advantages of this study is the provision of multiple risk measures, including standardised excess mortality rates. The stan- dardisation removes demographic differences across locations and countries, thus offering a homogeneous geographical comparison of mortality impacts. Indeed, the analysis confirms that age is an important risk factor, as shown by the comparison of age-specific pooled ERFs. Results show that the differences in population structures across locations noticeably alters the vulnerability picture. This finding was demonstrated, for instance, by the higher relative impact of heat found in eastern Europe once standardised excess rates were used as the risk measure. More generally, this study benefited from other important methodological extensions of standard multi- location analyses. The statistical framework was based on flexible techniques to define and pool complex temperature–mortality ERFs,26,29 applied in previous analyses.1,2 These methods can depict fine aspects of the associations, such as non-linear and lagged effects of heat and cold, and identify optimal temperatures. However, the modelling framework is extended here to characterise vulnerability differences between cities through several socioeconomic, infrastructural, and environmental characteristics of urban areas. Previous studies presented simple pooled relationships,5 analysed effect modification by single characteristics,6 or included a small set of location-specific factors2,38 that can be insufficient to capture differences in vulnerability to cold or heat. In contrast, we applied a novel methodology based on the PLS reduction of a long list of city-specific characteristics, allowing us to identify latent vulnerability patterns. Latent vulnerability patterns identified included the increased heat-related risk in large conurbations or differences in cold effects between Mediterranean and Atlantic coastal areas. Finally, we included an additional spatial component through a kriging procedure to capture residual spatial patterns that were not well represented by the composite vulnerability indicators. Besides the quantification of current risks and impacts, this study provides a blueprint for the projection of future temperature-related health impacts under climate change scenarios. As climate change is expected to increase the burden of hot days and add unprecedented cold and heat events at high risks of causing deaths, these results allow for an accurate representation of the risks caused by changes in temperature.39 The integration of age and vulnerability characteristics directly into the modelling framework allows the extrapolation of ERFs tailored to potentially complex scenarios. These can include a combination of climatic, demographic, and socioeconomic pathways, and their comparison can offer quantitative evidence of the potential benefits of alternative adaptation strategies. A number of limitations of our study must be acknowledged. This assessment was based on the geographical extrapolation of ERFs across European cities. Although their characterisation is based on a large subset of cities with actual daily series of temperature and mortality, we cannot exclude biased predictions, especially in less covered areas such as eastern Europe. Results in these areas can be quite variable depending on some modelling choices, such as the number of PLS components. In addition, the residual spatial patterns identified by the kriging procedure, although small when compared with the range of differences captured by the PLS components in the second-stage meta-regression, suggest that the predictive model does not fully characterise the differences in vulnerability to heat and cold across the cities. Additional research is needed to assess the methodology used in this study, improve second-stage risk extrapolation, and disentangle effect modification by individual characteristics. There are other limitations regarding the modelling approach. First-stage estimates can be inaccurate in the presence of overall low counts of deaths.27 Therefore, we could not reliably estimate ERFs for people younger than 20 years and we needed to quantify the effects of temperature over large age bands for these groups. In addition, the modelling framework provides averaged estimates of temperature-related risks and effects over the study period, without accounting for temporal changes previously reported40 or within-year seasonality in mortality. Finally, there are some limitations in the data. The information was collected from various sources with different geographical resolutions, and some Page 456 of 500 Articles e280 www.thelancet.com/planetary-health Vol 7 April 2023 city-specific variables were derived from regional (NUTS2) databases, which usually encompass several cities. The temperature data were extracted from the ERA5-Land dataset and linked to city-specific mortality counts; however, we could not explore intra-city differences in exposure and vulnerability. In conclusion, this study provides a detailed and comprehensive picture of cold and heat-related excess mortality in 854 cities across Europe, accounting for demographic and vulnerability differences. These results provide valuable information for policy makers to design national, regional, and local climate and public health policies, and represent a first important step towards accurate assessments of temperature-related health impacts under future climate scenarios and shared socioeconomic pathways for Europe. MCC Collaborative Research Network Souzana Achilleos (Department of Primary Care and Population Health, University of Nicosia Medical School, Nicosia, Cyprus), Jan Kyselý (Institute of Atmospheric Physics, Academy of Sciences of the Czech Republic, Prague, Czech Republic), Ene Indermitte (Department of Family Medicine and Public Health, University of Tartu, Tartu, Estonia), Jouni J K Jaakkola and Niilo Ryti (Center for Environmental and Respiratory Health Research, and Medical Research Center Oulu, Oulu University Hospital, University of Oulu, Oulu, Finland), Mathilde Pascal (Santé Publique France, Department of Environmental Health, French National Public Health Agency, Saint Maurice, France), Antonis Analitis (Department of Hygiene, Epidemiology and Medical Statistics, National and Kapodistrian University of Athens, Athens, Greece), Klea Katsouyanni (School of Population Health and Environmental Sciences, King’s College, London, UK), Patrick Goodman (Technological University Dublin, Dublin, Ireland), Ariana Zeka (Institute for the Environment, Brunel University London, London, UK), Paola Michelozzi (Department of Epidemiology, Lazio Regional Health Service, Rome, Italy), Danny Houthuijs and Caroline Ameling (National Institute for Public Health and the Environment, Centre for Sustainability and Environmental Health, Bilthoven, Netherlands), Shilpa Rao (Norwegian institute of Public Health, Oslo, Norway), Susana das Neves Pereira da Silva and Joana Madureira (Department of Epidemiology, Instituto Nacional de Saúde Dr Ricardo Jorge, Lisbon, Portugal), Iulian-Horia Holobaca (Faculty of Geography, Babes-Bolay University, Cluj-Napoca, Romania), Aurelio Tobias (Institute of Environmental Assessment and Water Research, Spanish Council for Scientific Research, Barcelona, Spain), Carmen Íñiguez (Department of Statistics and Computational Research, Universitat de València, València, Spain), Bertil Forsberg (Department of Public Health and Clinical Medicine, Umeå University, Umeå, Sweden), and Martina S Ragettli (Swiss Tropical and Public Health Institute, Basel, Switzerland). EXHAUSTION project Sofia Zafeiratou (Department of Hygiene and Epidemiology, University of Athens Medical School, Athens, Greece), Liliana Vazquez Fernandez (Norwegian Institute of Public Health, Oslo, Norway), Ana Monteiro (Porto University, Porto, Portugal), Masna Rai and Siqi Zhang (Institute of Epidemiology, Helmholtz Zentrum München—German Research Center for Environmental Health, Neuherberg, Germany), and Kristin Aunan (CICERO Senter for klimaforskning, Oslo, Norway). Contributors PM, AG, and AM-VC developed the analysis, implemented by PM and AG. PM and AG wrote initial versions of the manuscript. PM and MM extracted data from Eurostat and MM extracted remote sensing data from Copernicus and Google Earth Engine. HO, AU, SB, VH, AS, ES, MS, FdD, SR, and the rest of the MCC Collaborative Research Network provided mortality data. All authors contributed to the interpretation of results through early circulation of the analysis results and tentative graphical output, as well as to the revision and approbation of the manuscript. PM, MM, and AG have accessed and verified the full dataset. PM and AG were responsible for the decision to submit the manuscript after consultation with all listed authors. All authors have seen and approved the final publication. Declaration of interests We declare no competing interests. Data sharing The exposure-response functions derived in this analysis, full results, and intermediary data are publicly available in a Zenodo repository (https://doi.org/10.5281/zenodo.7672108). The associated R code to reproduce the analysis is available in the corresponding author’s GitHub page (https://github.com/pierremasselot).The mortality data have been obtained through a restricted data use agreement with each national institute and are therefore not available for public dissemination. Acknowledgments The study was funded by Medical Research Council of the UK (MR/V034162/1 and MR/R013349/1), the Natural Environment Research Council UK (NE/R009384/1), the EU’s Horizon 2020 (820655), and the EU’s Joint Research Center (JRC/SVQ/2020/MVP/1654). AU and JK were supported by the Czech Science Foundation (22–24920S). VH has received funding from the EU’s Horizon 2020 research and innovation programme under the Marie Skłodowska-Curie grant agreement (101032087). References 1 Gasparrini A, Guo Y, Hashizume M, et al. Mortality risk attributable to high and low ambient temperature: a multicountry observational study. Lancet 2015; 386: 369–75. 2 Zhao Q, Guo Y, Ye T, et al. Global, regional, and national burden of mortality associated with non-optimal ambient temperatures from 2000 to 2019: a three-stage modelling study. Lancet Planet Health 2021; 5: e415–25. 3 Son J-Y, Liu JC, Bell ML. Temperature-related mortality: a systematic review and investigation of effect modifiers. 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Environ Health Perspect 2015; 123: 1200–07. Page 458 of 500 13b Correspondence Received from Councilmember Crane Page 459 of 500 Page 460 of 500 Page 461 of 500 Page 462 of 500 Page 463 of 500 Page 464 of 500 Page 465 of 500 Page 466 of 500 Page 467 of 500 Page 468 of 500 Page 469 of 500 Page 470 of 500 Page 471 of 500 Page 472 of 500 Page 473 of 500 Page 1 of 2 Agenda Item No: 14.a. MEETING DATE/TIME: 8/16/2023 ITEM NO: 2023-2892 AGENDA SUMMARY REPORT SUBJECT: Approval of Memorandum of Understanding between City of Ukiah and ChargePoint for the proposed Ukiah Electric Vehicle Charging Stations Project. DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director PRESENTER: Cindy Sauers, Electric Utility Director ATTACHMENTS: 1. Draft MOU with ChargePoint 2. 14a Correspondence Received - Eileen Mitro 3. 14a Correspondence Received - Suzanne Pletcher Summary: The City Council will consider approving a Memorandum of Understanding (MOU) with Chargepoint for the proposed Ukiah Electric Vehicle Charging Station Project. Background: In June of 2022, the Ukiah City Council approved a Resolution Endorsing the Declaration of a Climate Emergency and outlined actions to be taken to restore a safe climate. One action outlined in the Resolution is the continued support and expansion of EV charging throughout Ukiah. ChargePoint, one of the leading companies providing charging stations across the United States, was the recipient of the California Energy Commission (CEC)'s REV grant and reached out to the Electric Utility to discuss the possibility of working together to install charging stations in Ukiah. The grant seeks to provide charging access in rural areas, especially those designated as disadvantaged or low-income by the Department of Housing and Community Development. Certain areas of Ukiah fall within the low-income definition provided and make Ukiah an ideal location to increase charging opportunities. The grant provides funding for one "hub" location and four "spoke" locations. The hub site will have four DC fast charging ports and two level 2 charging ports. The spoke locations will have ten level 2 charging ports. Staff reviewed several locations and recommends that the hub site be located off of Perkins Street on Leslie, adjacent to the new Courthouse site. Recommended spoke locations are Anton Stadium and the Airport. Discussion: ChargePoint has been awarded $1,537,296 from the CEC that will fund all or part of the hardware, shipping, design, installation and utility interconnection costs of one hub location and four spoke locations. Additionally, ChargePoint will hire, manage and pay the design build contractor and ensure the following requirements are met: • Competitive bid • Prevailing Wage • Electric Vehicle Infrastructure Training Program (EVITP) certification • CEQA Compliance • Compliance with CEC grant terms and conditions The City of Ukiah, as the site host and charging station owner, will be responsible for the following: Page 474 of 500 Page 2 of 2 • Allow charger installation construction on property, including signage, striping, and potential accessibility improvements • Allow ChargePoint to hire/manage a license contractor to design the installation and install chargers at the selected property before the activation deadline of March 2026 • Allow utility upgrades on site • Provide sufficient lighting for charging stations and parking area from dusk to dawn • Keep chargers publicly available and accessible 24/7 • Allow access for maintenance of chargers • Potentially allow an outreach event at the property after activation • Purchase chargers; maintain and operate for at least 5 years after activation • Follow all other CEC grant standard terms and conditions Upon execution of the MOU (Attachment 1), Staff will work with ChargePoint to complete the site surveys and further buildability analysis. Staff will return to Council with a formal agreement following completion of these tasks. Recommended Action: Authorize City Manager to Sign Memorandum of Understanding with Chargepoint for the proposed Ukiah Electric Vehicle Charging Stations Project. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: David Rapport, City Attorney; Shannon Riley, Deputy City Manager DIVERSITY-EQUITY INITIATIVES (DEI): CLIMATE INITIATIVES (CI): 2c – Encourage clean vehicles when active transportation is not feasible. GENERAL PLAN ELEMENTS (GP):GP-A3 - Mobility Element Page 475 of 500 Attachment 1 CHARGEPOINT CONFIDENTIAL Attachment 1 Formatted: Indent: First line: 1" MEMORANDUM OF UNDERSTANDING Representatives of ChargePoint, Inc. ("Company" or “ChargePoint”) and City of Ukiah (“Site Host") have been discussing a proposed project for the installation of Company’s electric vehicle (“EV”) charging stations (“Charging Stations”) at Site Host’s property or properties identified in Exhibit A (“Site(s)”) (“Charging Station Project”). The parties understand that this Memorandum of Understanding (“MOU”) is intended only to summarize the current business understanding of the parties with respect to the principal terms of the proposed Charging Station Project. This MOU is intended solely to facilitate negotiation and preparation of an agreement which embodies, or agreements which embody, the final understanding between the parties (each, a “Definitive Agreement”). This MOU is effective as of _______________ (“Effective Date”) and sets forth certain non- binding business terms and certain binding terms between Site Host and Company (hereinafter, each a “Party” or together, “the Parties”) with regards to the Charging Station Project. A.NON-BINDING BUSINESS TERMS. The Parties understand that this MOU is intended only to summarize the current business understanding of the Parties with respect to the proposed Charging Station Project and to facilitate their further discussions regarding certain business objectives of the Charging Station Project, as more fully described in Exhibit A, which are non-binding on the Parties. The business terms and objectives set forth in Exhibit A shall be used for discussion purposes only and shall not be deemed to create any rights or obligations for or on behalf of any Party. The Parties hereby acknowledge and agree that either Party may unilaterally terminate all negotiations for the Charging Station Project pursuant to this MOU at any time without any obligation or liability by giving the other Party written notice. The Parties agree to proceed at their own risk and expense regarding the subject matter of this MOU until the execution of a Definitive Agreement or termination of negotiations, whichever is earlier. This MOU is non-exclusive and neither Party shall be precluded from entering into similar transactions with any third parties. Each Party acknowledges that the other Party has not given it, nor has it relied on, any representations or assurance of future revenues, sales opportunities or profits, or compliance with regulatory requirements, arising from or in connection with the subject matter of this MOU. The Parties acknowledge that neither Party is justified in acting in reliance upon any promises or representations of present intention purported to be contained in this MOU. Nothing in this MOU will exclude any liability which one Party would otherwise have to the other Party in respect of any statements made fraudulently. The Parties may add additional Site(s) in Exhibit A, or otherwise amend this MOU, by mutual written agreement. B.BINDING TERMS ATTACHMENT 1 Page 476 of 500 Attachment 1 CHARGEPOINT CONFIDENTIAL Attachment 1 Formatted: Indent: First line: 1" The Parties hereby acknowledge and agree that the following subsections under this Section B (Binding Terms) shall be binding and shall create legal rights and obligations on the Parties. B.1. Confidentiality Except as may be compelled under the California Public Records Act (Gov. Code §7920 et seq.) there shall be no disclosure of or reference to any part of this MOU at any time during the term of this MOU or after expiration or termination of this MOU without the prior written approval of the other Party. This MOU and its contents and any other proprietary or confidential information in connection with the subject matter of this MOU provided to either Party prior to the execution of this MOU or during the term of this MOU shall be treated as confidential in accordance with the terms set forth in Exhibit B attached hereto. B.2. Scope The scope of this MOU does not cover any development work, testing, licensing, distribution, support, sales, or maintenance. Should the Parties decide to pursue any such matter that is outside the scope of this MOU, the Parties shall enter into a development, license, distribution, or other appropriate written agreement(s) as applicable. B.3. Independent Contractors. Each of the Parties is an independent contractor. Nothing contained herein will in any way constitute any association, partnership, or joint venture between the Parties. Neither Party will have the power to bind the other Party or incur obligations on the other Party’s behalf without the other Party’s prior written consent. B.4. Publicity The Parties hereby agree that no press release or other public announcements regarding this MOU or any agreements contemplated thereby, except as noted below, shall be made by a Party without prior review and written agreement signed by a duly authorized representative of the other Party. The exception is that the Site address(es) may be published by the California Energy Commission for the purpose of soliciting public comment on localized health impact of the Charging Station Project and approving the Site(s) to participate in a California Energy Commission grant program. B.5. Term and Termination The Parties agree that this MOU shall be effective as of the Effective Date and shall continue in effect for twelve (12) months thereafter unless earlier terminated by written notice from one Party to the other of termination of this MOU. Section B (including all subsections) shall survive the expiration or termination of this MOU. B.6. Limitation of Liability Page 477 of 500 Attachment 1 CHARGEPOINT CONFIDENTIAL Attachment 1 Formatted: Indent: First line: 1" EXCEPT WITH RESPECT TO THE RIGHTS AND OBLIGATIONS OF THE PARTIES BASED ON THEIR RESPECTIVE INTELLECTUAL PROPERTY RIGHTS AND TO THEIR OBLIGATIONS UNDER THE NDA, UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER UNDER ANY CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DAMAGES OR OTHER RELIEF WHATSOEVER. B.7 Governing Law; Venue This MOU shall be controlled by and construed under the laws of the State of California, without reference to its conflicts of laws provisions, and the state and federal courts located in California shall have exclusive jurisdiction over any claim arising under this MOU. Notwithstanding the foregoing, either Party may seek interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of such Party’s intellectual property or proprietary rights The parties waive the right to trial by jury and mutually agree not to request a jury trial. IN WITNESS WHEREOF, the Parties have executed this MOU effective as of the Effective Date by their duly authorized representatives. ACCEPTED AND AGREED: COMPANY SITE HOST CHARGEPOINT, INC. By: ______________________ By: ______________________ Name: ______________________ Name: ______________________ Title: ______________________ Title: ______________________ Date:______________________ Date:______________________ Address for Notices: 254 E. Hacienda Ave. ____________________________ Campbell, CA 95008 ____________________________ Page 478 of 500 Attachment 1 CHARGEPOINT CONFIDENTIAL Attachment 1 Formatted: Indent: First line: 1" EXHIBIT A NON-BINDING BUSINESS TERMS THIS PROPOSED BUSINESS TERM SHEET DOES NOT CONSTITUTE NOR CREATE, AND SHALL NOT BE DEEMED TO CONSTITUTE NOR CREATE, ANY LEGALLY BINDING OR ENFORCEABLE OBLIGATION ON THE PART OF EITHER PARTY. EACH PARTY AGREES THAT IT SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND IN THE EVENT THAT THE OTHER PARTY DETERMINES, IN ITS SOLE DISCRETION, NOT TO PURSUE THE TRANSACTION PROPOSED IN THIS NON-BINDING BUSINESS TERM SHEET. 1. Scope For the Charging Station Project, ChargePoint has been awarded a grant by the California Energy Commission (CEC) to install and manage Charging Stations in rural California communities (“CEC Grant”). For the Charging Station Project, the Site Host to commit to the following: • Provide adequate space to support the installation and operation of Charging Stations, including room for cabling, distribution, electrical equipment, signage, striping, and potential accessibility improvements • Allow ChargePoint to hire/manage a licensed contractor to design the installation and install Charging Stations at selected property before the grant activation deadline (currently planned for March 2026) • Allow utility upgrades on site, including individual metering of the Charging Stations • Own, operate and keep Charging Stations publicly available, accessible, clear of snow, and well-lit 24/7 for at least 5 years after activation • Allow access for maintenance of Charging Stations • If requested by ChargePoint, allow up to one publicity event at the property after activation • Payment for the following: o Capital costs of installation, hardware, software and warranty not covered by the CEC Grant o All ongoing operational expenses not covered by warranty (e.g., electricity bills) • Set reasonable pricing policies for use of the Charging Stations • Grant ChargePoint permission to share data about the Charging Stations with CEC and the public • Follow other CEC grant standard terms and conditions, provided as “Exhibit C” below Page 479 of 500 Attachment 1 CHARGEPOINT CONFIDENTIAL Attachment 1 Formatted: Indent: First line: 1" For the Charging Station Project, ChargePoint to commit to the following: • Grant Administration services: − Negotiate and execute the grant agreement with the CEC − Lead communications with CEC − Ensure scope of work is completed on time in compliance with grant terms and conditions − Produce and send deliverables to CEC − Collect data and comply with required reporting − Document costs and submit reimbursement requests to CEC − Participate in audits by CEC as required • Design and Construction Management services: − Select and hire design and installation subcontractor(s) via competitive bid and in accordance with grant requirements − Manage and pay design and installation subcontractor(s) − Provide oversight of design, permitting, utility coordination, EVSE installation, related civil work, and EVSE commissioning and activation. − Ensure compliance with CEQA and all relevant electrical/building codes, including accessibility 2. Site(s): Page 480 of 500 Attachment 1 CHARGEPOINT CONFIDENTIAL Attachment 1 Formatted: Indent: First line: 1" EXHIBIT B CONFIDENTIALITY TERMS The nondisclosure terms set forth in this Exhibit B provides for the exchange of Confidential Information (defined below) relating to the Memorandum of Understanding. 1. Confidential Information. “Confidential Information” means confidential or proprietary information disclosed or made available by one Party to the other, including but not limited to, business plans, financial reports, financial data, employee data, customer lists, designs, specifications, drawings, diagrams, computer code and programs, trade secrets, discoveries, ideas, concepts, know-how, techniques, and other technical and business information. Confidential Information may be that of the disclosing Party or of third parties to whom the disclosing Party has an obligation to treat the disclosed information as confidential. Confidential Information also includes copies, notes, abstracts, and other tangible embodiments made by the receiving Party that are based on or contain any of such information, as well as the existence of the MOU. 2. Identification of Confidential Information. Information will be considered to be Confidential Information and protected under this Exhibit B if it is identified as “confidential” or “proprietary” at the time of disclosure or if the information should reasonably be considered to be confidential or proprietary due to its nature or the context of its disclosure. 3. Protection of Confidential Information. Each Party acknowledges that the other Party claims that its Confidential Information is a valuable and unique asset and agrees to the following: 3.1 The receiving Party: (i) will not disclose the Confidential Information to any third Party; (ii) will not disclose the Confidential Information to its employees or agents unless the employees or agents have a need to know the Confidential Information; (iii) will use the Confidential Information only for the Charging Station Project(s) in the MOU and will not use it for its own or for any third Party’s benefit; and (iv) will not create any type of derivative works based on the Confidential Information, copy, frame, replicate or mirror any part or content of the Confidential Information, or reverse engineer any of the Confidential Information or products received or disclosed under the MOU. The receiving Party may not access or use the Confidential Information for any improper purpose whatsoever, including, without limitation, in order to (A) build a competitive product or service, or (B) copy any features, functions, interface, graphics or “look and feel” of the disclosing Party’s product or Confidential Information. The receiving Party shall promptly notify the disclosing Party of any unauthorized use, disclosure, or suspected unauthorized use or disclosure, of the disclosing Party’s Confidential Information of which the receiving Party becomes aware. The receiving Party shall be responsible to the disclosing Party for any disclosure of Confidential Information by any employee or agent of the receiving Party. 3.2 The receiving Party will use the same degree of care to protect the Confidential Information from unauthorized use or disclosure as it would use to protect its own information of a similar nature, but in no event with less than reasonable care. 3.3 The receiving Party’s obligations under this Exhibit B with respect to particular information do not apply to the extent that: (i) the disclosing Party authorizes the receiving Party in writing to disclose such information; (ii) the receiving Party knows such information at the time of disclosure by the disclosing Party, free of any obligation to keep it confidential, as evidenced by written records; (iii) such information is or becomes generally known in the relevant industry without fault of the receiving Party; (iv) the receiving Party independently develops such information without access to or use of the Confidential Information, as evidenced by written records; or (v) the receiving Party rightfully obtains such information from a third party who has the right to disclose it without violation of any confidentiality obligations. However, even if certain information is already known, the disclosing Party’s use of it (including the fact of the Party’s use and the manner and results of use) may not be and thus would be considered to be Confidential Information. 3.4 If the receiving Party is subject to judicial or governmental proceedings requiring disclosure of particular Confidential Information, then, prior to disclosing any such Confidential Information, the receiving Party will provide the disclosing Party with reasonable prior notice and will obtain or provide the disclosing Party with an opportunity to obtain, a protective order or confidential treatment of the Confidential Information. 4. Return of Confidential Information. All Confidential Information of the disclosing Party remains the property of that Party and will be returned to it or destroyed at its request or upon the termination or other expiration of the MOU. Within 30 days of receiving such a request from the disclosing Party, the receiving Party will comply with the request and provide a written certification, signed by an officer, of its compliance. Notwithstanding the foregoing, Parties are not required to delete copies that are maintained pursuant to automatic back-up and archiving systems provided that confidential obligations shall remain on those archived copies. 5. No License or Warranty. No license under any patents, copyrights, mask work rights, trademarks or other proprietary rights is granted by the disclosure of or access to Confidential Information under this Exhibit B. ALL CONFIDENTIAL INFORMATION IS PROVIDED “AS IS”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO A WARRANTY THAT IT IS ACCURATE OR COMPLETE OR A WARRANTY AGAINST INFRINGEMENT. 6. Term & Termination. All provisions of this Exhibit B relating to Confidential Information disclosed pursuant to the MOU prior to termination or expiration of the MOU will survive for five (5) years after termination or expiration of the MOU. Notwithstanding the foregoing, for Confidential Information that constitutes a trade secret, the provisions of this Exhibit B will continue for so long as that information remains a trade secret under applicable law. Page 481 of 500 Attachment 1 CHARGEPOINT CONFIDENTIAL Attachment 1 Formatted: Indent: First line: 1" EXHIBIT C CALIFORNIA ENERGY COMMISSION (CEC) PROGRAM TERMS AND CONDITIONS Site Host to commit to at all times comply with the Program Terms, as updated from time to time by the CEC. A current copy of the Program Terms may be found at this webpage under Solicitation Files, Attachment 10: https://www.energy.ca.gov/solicitations/2021-12/gfo-21-604-clean-transportation- program-rural-electric-vehicle-rev-charging. Any terms used but not defined in this Exhibit C or the Agreement shall have the meanings set forth in the Program Terms. Notwithstanding anything to the contrary in the Program Terms, the following terms shall apply to this Agreement: 1. Equipment. Equipment is defined as having a useful life of at least one year, having an acquisition unit cost of at least $5,000, and purchased with Energy Commission funds. Equipment means any products, objects, machinery, apparatus, implements or tools purchased, used or constructed within the Project, including those products, objects, machinery, apparatus, implements or tools from which over thirty percent (30%) of the equipment is composed of materials purchased for the Project. For purposes of determining depreciated value of equipment used in the Agreement, the Project shall terminate at the end of the normal useful life of the equipment purchased, funded and/or developed with Energy Commission funds. The Energy Commission may determine the normal useful life of such equipment. (a) Title to Equipment. Title to equipment acquired wholly or in part with grant funds shall vest in the Recipient, unless Recipient requests and the CAM in writing approves vesting equipment with another entity. (b) Use and Disposition of Equipment. The equipment title holder shall use the equipment in the project or program for which it was acquired as long as needed, whether or not the project or program continues to be supported by grant funds, and the equipment title holder shall not encumber the property without CAM written approval. When no longer needed for the original project or program, the equipment title holder shall contact the CAM for disposition instructions. The Recipient and any equipment title holder shall flow down this Section 1 to all subsequent equipment title holders. Page 482 of 500 1 Kristine Lawler Subject:8g, 13b, 14a Correspondence Received - Eileen Mitro ‐‐‐‐‐Original Message‐‐‐‐‐  From: Eileen Mitro <climateacƟonmendocino@gmail.com>   Sent: Tuesday, August 15, 2023 4:48 PM  To: KrisƟne Lawler <klawler@cityofukiah.com>  Subject: Comments for the City Council MeeƟng on August 16, 2023    Item 8g  The Complete Streets presentaƟon impressed just about all of us in the audience.  Having a welcoming, safe and  efficient entry into Ukiah is an important way to draw in visitors and show pride in our community.  We’re all for it!    Item 13b  It would be a hard decision to rid the City of fossil fuel investments if they were yielding much of a return.  But  since they are not and Chevron’s porƞolio matures this month it is a posiƟve step in the right direcƟon for fiduciary  responsibility and puƫng funds into more healthy investments to remove Exxon from the porƞolio of investments.    Item 14a  People are reluctant to purchase an Electric Vehicle  without assurance that there are adequate charging  staƟons in our community.  These ChargePoint chargers are a bonus for our community.  Thank you.    Eileen Mitro  Climate AcƟon Mendocino  707 234 0380  Page 483 of 500 1 Kristine Lawler Subject:14a Correspondence Received - Suzanne Pletcher   From: Suzanne Pletcher <pletcherconsult@gmail.com>  Subject: Public Comment on the Proposed ChargePoint MOU  Date: August 15, 2023 at 8:19:58 PM PDT  To: Juan Orozco <jorozco@cityofukiah.com>, Susan Sher <ssher@cityofukiah.com>, dcrane@cityofukiah.com, jduenas@cityofukiah.com, mrodin@cityofukiah.com    I'd like to comment on the proposed Chargepoint MOU:     I applaud the City's proposed action to provide more EV charging stations in the City.  This should give  visitors peace of mind and hopefully some shopping and/or dining options while they are waiting for  their cars to charge in Ukiah.    Please carefully consider your potential partner and EV charger products during this MOU  period.  ChargePoint is a $2.8 billion public company—at the smaller end of the pack of big publicly‐ owned EV charger companies, according to this Wall Street data site:  https://simplywall.st/stocks/us/capital‐goods/nyse‐chpt/chargepoint‐holdings.  Its stock price has fallen  from a 52‐week high of $20 to $7.22 today, and it has less than one year of cash "runway," about half  the norm.  It's possible that this cash runway is a reason why the company has an online reputation for  not‐in‐service chargers:  it may be minimizing costs, including repair costs.  But customer frustration  with not‐in‐service chargers is a deterrent to adoption of EVs.     An online commenter observed, The problem with Chargepoint's model is that they mostly just sell the hardware and leave it to site operators to maintain the chargers.    According to the MOU, the City of Ukiah will maintain ChargePoint EV chargers once they're installed.  I  suggest that this MOU period is an opportunity to discover:  How much time will it take for a city worker  to maintain and timely fix these 26 (?) chargers? And during the MOU period can the City also learn the  average response time for a ChargePoint technician to return a charger to service, in case the City  decides to explore contracting with ChargePoint for service?       A second comment I have with the MOU is the publicity agreement.  Other than an opening celebration,  no press releases or announcements can be made by either party without prior written approval of the  other party.  It's my hope that the MOU won't deter publicity and that the City and ChargePoint will  provide more, not less, information to the public about EV charging in the City.      Finally, I'm concerned about vandalism, accessibility and nighttime safety at the airport location.    Thank you for considering this feedback. —Suzanne  ‐‐   Suzanne Pletcher   pletcherconsult@gmail.com  (707) 489‐1325      Page 484 of 500 Page 1 of 2 Agenda Item No: 14.b. MEETING DATE/TIME: 8/16/2023 ITEM NO: 2023-2928 AGENDA SUMMARY REPORT SUBJECT: Approval of Letter to the Mendocino County Board of Supervisors Regarding Issues with the Mendocino County Airport Land Use Commission Board Composition. DEPARTMENT: Airport PREPARED BY: Greg Owen, Airport Manager PRESENTER: Greg Owen, Airport Manager ATTACHMENTS: 1. Letter from Airport Commission 2. Proposed Letter to County Board of Supervisors Summary: The Council will consider approving a letter to the Mendocino County Board of Supervisors regarding issues with the Mendocino County Airport Land Use Commission board composition. Background: The Mendocino County Airport Land Use Commission (ALUC) plays a crucial role in overseeing the Ukiah Municipal Airport Land Use Compatibility Plan. The ALUC consists of seven members, which includes three County Planning Commission members appointed by the Board of Supervisors. Several years ago, the County entered into a settlement agreement with the City of Willits regarding the composition of the ALUC. Per that agreement, the makeup of the commission cannot be changed without first negotiating a new agreement with the City of Willits. However, the County Planning Commission was reduced from a seven-member commission to a five-member commission, thereby making the presence of three Planning Commissioner representatives on the ALUC no longer possible without there being a Brown Act conflict. Two of the Mendocino County Planning Commissioner positions on the ALUC are currently vacant, with one of the positions having not been filled since February, 2023, and the other vacancy unable to be filled due to the Brown Act conflict. The vacancies have contributed towards the ALUC having difficulties getting a quorum for various meetings. If the ALUC fails to make a determination within the 60-day period, a proposed Land Use Action shall be deemed consistent with the Ukiah Municipal Airport Land Use Compatibility Plan. On August 2, 2023, the City Council received a letter from the Ukiah Airport Commission regarding these concerns (Attachment 1.) Discussion: Staff and the Ukiah Airport Commission are recommending that Council approve and authorize the Mayor to sign the attached letter to the Mendocino Board of Supervisors (Attachment 2) urging them to resolve the ALUC membership composition with the City of Willits, and act as quickly as possible to fill the remaining vacancies. Recommended Action: Approve Letter to the Mendocino County Board of Supervisors, and authorize the Mayor to sign. BUDGET AMENDMENT REQUIRED: n/a CURRENT BUDGET AMOUNT: n/a PROPOSED BUDGET AMOUNT: n/a Page 485 of 500 Page 2 of 2 FINANCING SOURCE: n/a PREVIOUS CONTRACT/PURCHASE ORDER NO.: n/a COORDINATED WITH: Ukiah Airport Commission , Kristine Lawler, City Clerk DIVERSITY-EQUITY INITIATIVES (DEI):Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policy-making, accountability, and delivery of City services. CLIMATE INITIATIVES (CI):2b – Encourage active transportation as a viable alternative to automobiles. GENERAL PLAN ELEMENTS (GP): Mobility L Airport Parcels. The City shall prepare a study to identify parcels on which new development could benefit the airport and support annexation of those parcels. Page 486 of 500 ATTACHMENT 1 Page 487 of 500 300 Seminary Avenue • Ukiah • CA • 95482-5400 Phone: (707) 463-6200 · Fax: (707) 463-6204 ·www.cityofukiah.com August 16, 2023 Mendocino County Board of Supervisors 501 Low Gap Road, Room 1010 Ukiah, CA 95482 Subject: Addressing Issues with Mendocino County Airport Land Use Commission Dear Mendocino County Board of Supervisors, The Ukiah City Council is writing to request your assistance in addressing current issues affecting the Mendocino County Airport Land Use Commission (ALUC) and the lack of available commissioners on that board. As you are aware, the ALUC plays a crucial role in overseeing the Ukiah Municipal Airport Land Use Compatibility Plan. The ALUC consists of seven members, which includes three County Planning Commission members appointed by the Board of Supervisors. Several years ago, the county entered into a settlement agreement with the City of Willits regarding the composition of the ALUC. Per that agreement, the makeup of the commission cannot be changed without first negotiating a new agreement with the City of Willits. However, the County Planning Commission was reduced from a seven-member commission to a five-member commission, making three Planning Commissioner representatives on the ALUC no longer possible without there being a Brown Act conflict. Two of the Mendocino County Planning Commissioner positions on the ALUC are currently vacant, with one of the positions having not been filled since February, 2023, and the other vacancy unable to be filled due to the Brown Act conflict. The vacancies have contributed towards the ALUC having difficulties getting a quorum for various meetings. If the ALUC fails to make a determination within a 60-day period, a proposed Land Use Action shall be deemed consistent with the Ukiah Municipal Airport Land Use Compatibility Plan. We urge the County Board of Supervisors to quickly reach a new agreement with the City of Willits to restructure the makeup of the ALUC to allow for a more diverse composition of the board; and to fill the two vacancies on the ALUC as quickly as possible. Thank you for your attention to this matter and for your ongoing commitment to ensuring the efficient functioning of the ALUC, the Ukiah Municipal Airport, and the economic growth of the region. Sincerely, Mari Rodin Mayor, City Council City of Ukiah ATTACHMENT 2 Page 488 of 500 Page 1 of 2 Agenda Item No: 14.c. MEETING DATE/TIME: 8/16/2023 ITEM NO: 2023-2942 AGENDA SUMMARY REPORT SUBJECT: Designation of Voting Delegate and Possible Alternate for the League of California Cities Annual Conference – September 20-22, 2023. DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Sage Sangiacomo, City Manager ATTACHMENTS: 1. League Correspondence 2. Voting Guidelines 3. Voting Delegate Form Summary: Council is to designate a voting delegate and possible alternate for the 2023 League of California Cities Annual Conference, and authorize the City Clerk to submit the Voting Delegate/Alternate Form on their behalf. Background: The League of California Cities 2023 Annual Conference is scheduled for September 20-22, 2023, (Attachment 1), in Sacramento. On Friday, September 22nd, the League will hold its Annual Business meeting where membership considers and takes action on resolutions that establish League policy. The League is requesting the City Council designate a voting delegate and, if desired, a voting delegate alternate to participate in this meeting (Attachment 2). Vice Mayor Duenas, who is the League of California Cities Redwood Empire Legislative Committee Alternate, is planning to attend the conference. There is a second space available for any Councilmember who might wish to attend and as Voting Delegate Alternate. Discussion: Staff is recommending that Council designate Vice Mayor Duenas as the Voting Delegate, and to see if there is any Councilmember interest to go as an Alternate for the 2023 League Annual Conference; and authorize the City Clerk to submit the Voting Delegate/Alternate Form (Attachment 3) on their behalf. Recommended Action: Designate Vice Mayor Duenas as the Voting Delegate, and a possible Alternate, to represent the City of Ukiah for the 2023 League Annual Conference; and authorize the City Clerk to submit the Voting Delegate/Alternate Form on their behalf. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A Page 489 of 500 Page 2 of 2 Page 490 of 500 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023 TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy. Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions. To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official. Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28. New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre- conference communications with voting delegates. Please view Cal Cities’ event and meeting policy in advance of the conference. Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. Council Action Advised by August 28, 2023 ATTACHMENT 1 Page 491 of 500 Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website. For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly. Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official. Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate. The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times: Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at zseals@calcities.org. Attachments: •General Assembly Voting Guidelines •Voting Delegate/Alternate Form •Information Sheet: Cal Cities Resolutions and the General Assembly ATTACHMENT 1 Page 492 of 500 Sixty days before the Annual Conference and Expo, Cal Cities members may submit policy proposals on issues of importance to cities. The resolution must have the concurrence of at least five additional member cities or individual members. How it works: Cal Cities Resolutions and the General Assembly General Assembly General Resolutions Policy Committees Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control. The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works. The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. The petition must be signed by voting delegates from 10% of member cities, and submitted to the Cal Cities President at least 24 hours before the beginning of the General Assembly. Petitioned Resolutions The Cal Cities President assigns general resolutions to policy committees where members review, debate, and recommend positions for each policy proposal. Recommendations are forwarded to the Resolutions Committee. Who’s who The Resolutions Committee includes representatives from each Cal Cities diversity caucus, regional division, municipal department, policy committee, as well as individuals appointed by the Cal Cities president. Voting delegates are appointed by each member city; every city has one voting delegate. The General Assembly is a meeting of the collective body of all voting delegates — one from every member city. Seven Policy Committees meet throughout the year to review and recommend positions to take on bills and regulatory proposals. Policy committees include members from each Cal Cities diversity caucus, regional division, municipal department, as well as individuals appointed by the Cal Cities president. During the General Assembly, voting delegates debate and consider general and petitioned resolutions forwarded by the Resolutions Committee. Potential Cal Cities bylaws amendments are also considered at this meeting. Cal Cities policy development is a member-informed process, grounded in the voices and experiences of city officials throughout the state. For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo Resolutions Committee The Resolutions Committee considers all resolutions. General Resolutions approved1 by either a policy committee or the Resolutions Committee are next considered by the General Assembly. General resolutions not approved, or referred for further study by both a policy committee and the Resolutions Committee do not go the General Assembly. All Petitioned Resolutions are considered by the General Assembly, unless disqualified.2 • Voting delegates will receive increased communications to prepare them for their role during the General Assembly. • The General Assembly will take place earlier to allow more time for debate and discussion. • Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions. What’s new in 2023? During the Annual Conference and Expo 1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). Page 493 of 500 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines 1.One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy. 2.Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee. 3.Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly. 4.Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution. 5.Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate. 6.Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate. 7.Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly. ATTACHMENT 2 Page 494 of 500 CITY: ________________________________________ 2023 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to Cal Cities office by Monday, August 28, 2023. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk. 1. VOTING DELEGATE Name: Title: 2.VOTING DELEGATE - ALTERNATE Name: Title: Email: _______________________________ Email: ______________________________ 3.VOTING DELEGATE - ALTERNATE Name: Title: Email: _____________________________ ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to votingdelegates@calcities.org by Monday, August 28, 2023. ATTACHMENT 3 Page 495 of 500 Page 1 of 1 Agenda Item No: 14.d. MEETING DATE/TIME: 8/16/2023 ITEM NO: 2023-2941 AGENDA SUMMARY REPORT SUBJECT: Discussion and Possible Action Regarding the Cancellation of September 6, 2023, Regular City Council Meeting, with the Option for the Mayor and/or City Manager to Call for a Special Meeting on an Alternate Date if Time Sensitive Business Arises. DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Sage Sangiacomo, City Manager ATTACHMENTS: None Summary: Council will consider cancelling the September 6, 2023, Regular City Council meeting. Background: City Council has regular meetings scheduled for the first and third Wednesdays of each month, with a regularly scheduled meeting on September 6, 2023. Council typically cancels various meetings during the year when there are fewer business items to give a break to both the Council and Staff from the heavy meeting schedule maintained throughout the rest of the year and allow time to focus on committee/ad-hoc assignments and project/program implementation. Discussion: As of the publication of this meeting packet, Staff is recommending the cancellation of the September 6, 2023, regular meeting, with the option for the Mayor and/or City Manager to call for a special meeting on an alternate date if time-sensitive business arises. Staff will continue to monitor scheduling and will advise at the meeting of any changes and/or needs related to agenda management for Council's consideration. Recommended Action: Approve the cancellation of the September 6, 2023, Regular City Council Meeting, with the option for the Mayor and/or City Manager to call for a special meeting on an alternate date if time sensitive business arises. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A Page 496 of 500 Page 1 of 1 Agenda Item No: 14.e. MEETING DATE/TIME: 8/16/2023 ITEM NO: 2023-2918 AGENDA SUMMARY REPORT SUBJECT: Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s). DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Mayor Rodin and Various Councilmembers ATTACHMENTS: 1. City Council Special Assignments rev 8-4-23 Summary: City Council members will provide reports and updates on their committee and ad hoc assignments. If necessary, the Council may consider modifications. Background: City Council members are assigned to a number of committees and ad hoc activities. These assignments are included as Attachment 1. Discussion: Previously, the City Council discussed having more time allocated to reporting on committee and ad hoc activities. Often, the Council Reports section of the regular agenda is rushed due to impending business (i.e., public hearings), and not enough time is afforded for reports beyond community activities. In an effort to foster regular updates on committee and ad hoc assignments, this item is being placed on the agenda to provide the City Council members an expanded opportunity to report on assignments and modify assignments as necessary. Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s). BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A DIVERSITY-EQUITY INITIATIVES (DEI): CLIMATE INITIATIVES (CI): GENERAL PLAN ELEMENTS (GP): Page 497 of 500 2023 CITY COUNCIL SPECIAL ASSIGNEMENTS LOCAL / UKIAH VALLEY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Broadband Project TBD TBD Civic Center 300 Seminary Ave. Ukiah, CA 95482 to evaluate the Request for Proposal (RFP) for the Internet Service Provider (ISP) for the California's Public Utilities Commission (CPUC) Last mile Broadband. Orozco Jim Robbins, Grants Manager; 463-6708; jrobbins@cityofukiah.com Investment Oversight Committee Varies Civic Center 300 Seminary Ave. Ukiah, CA 95482 Civic Center 300 Seminary Ave. Ukiah, CA 95482 Reviews City investments, policies, and strategies Crane Orozco - Alternate Alan Carter, Treasurer Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com Disaster Council Shall meet a minimum of once a year at a time and place designated upon call of the chair Place designated upon call of the chair or, if she/he is unavailable or unable to call such meeting, the first vice chair and then the City Manager or her/his designee. Office of Emergency Management 300 Seminary Ave. Ukiah, CA 95482 467-5765 - Tami Bartolomei Develop any necessary emergency and mutual aid plans, agreements, ordinances, resolutions, rules, and regulations. Orozco Duenas- Alternate Traci Boyl, City Manager's Office Management Analyst; 467-5720; tboyl@cityofukiah.com Greater Ukiah Business & Tourism Alliance (GUPTA) 4th Monday of month, 10:00 a.m. 200 S School St. Ukiah, CA 95482 200 S School St. Ukiah, CA 95482 Promotes tourism and works to strengthen and promote the historic downtown and businesses within the greater Ukiah area Rodin Duenas - Alternate Shannon Riley,Deputy City Manager; 467-5793 sriley@cityofukiah.com Mendocino County Inland Water and Power Commission (IWPC) 2nd Thursday of month, 6:00 p.m. Civic Center 300 Seminary Avenue conference room 5 IWPC Staff P.O. Box 1247 Ukiah, CA 95482 391-7574 - Candace Horsley Develops coordination for water resources and current water rights: Potter Valley project - Eel River Diversion Rodin Orozco- Alternate Sean White,Director of Water Resources; 463-5712 swhite@cityofukiah.com North Coast Opportunities (NCO)4th Wednesday of month, 2 p.m.Alternating locations - Ukiah and Lakeport Governing Board Chair North Coast Opportunities 413 North State Street Ukiah, CA 95482 Assist low income and disadvantaged people to become self reliant Burgess Jake Burgess, Community Services Supervisor; 463-6201 jburgess@cityofukiah.com Sun House Guild ex officio 2nd Tuesday of month, 4:30 p.m. Sun House 431 S. Main St. Ukiah, CA 431 S. Main Street Ukiah, CA 95482 467-2836 Support and expand Grace Hudson Museum Duenas Neil Davis - Alternate David Burton, Museum Director; 467-2836 dburton@cityofukiah.com Ukiah Valley Basin Groundwater Sustainability Agency (GSA) 2nd Thursday of month, 1:30 p.m. Board of Supervisors Chambers; 501 Low Gap Road Ukiah, CA County Executive Office 501 Low Gap Rd., Rm. 1010 Ukiah, CA 95482 463-4441 GSA serves as the Groundwater Sustainability Agency in the Ukiah Valley basin Crane Duenas - Alternate Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com MENDOCINO COUNTY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Selection Committee Called as required by the Clerk of the Board BOS Conference Room 501 Low Gap Rd. Rm. 1090 Ukiah, CA C/O: BOS 501 Low Gap Rd., Rm 1090 Ukiah, CA 95482 463-4441 Makes appointments to LAFCO and Airport Land Use Commission (Mayor - Primary; Vice Mayor - Alternate) Mayor Rodin Vice Mayor Duenas - Alternate Kristine Lawler, City Clerk; 463-6217 klawler@cityofukiah.com Economic Development & Financing Corporation (EDFC) 2nd Thursday of month, 2:00 p.m. Primarily 631 S. Orchard Street (location varies) Executive Director 631 South Orchard Avenue Ukiah, CA 95482 467-5953 Multi-agency co-op for economic development and business loan program Riley (appointed 12/19/18) Shannon Riley, Deputy City Manager; 467-5793 sriley@cityofukiah.com Library Advisory Board 3rd Wednesdays of alternate months; 1:00 p.m. Various Mendocino County Libraries Ukiah County Library 463-4491 Review library policy and activities Duenas Rodin - Alternate Kristine Lawler, City Clerk; 463-6217; klawler@cityofukiah.com Mendocino County 1st District Liaison Monthly; TBD Civic Center Annex conference room #5 411 West Clay St. Ukiah, CA 95482 Civic Center 300 Seminary Ave. Ukiah, CA 95482 To coordinate activities and policy development with the City's 1st District Supervisor Rodin Crane - Alternate Sage Sangiacomo, City Manager; 463-6221; ssangiacomo@cityofukiah.com Mendocino County 2nd District Liaison 1st Wednesdays of month, 8:00 a.m. Civic Center Annex conference room #5 411 West Clay St. Ukiah, CA 95482 Civic Center 300 Seminary Ave. Ukiah, CA 95482 To coordinate activities and policy development with the County's 2nd District Supervisor Rodin Duenas - Alternate Shannon Riley, Deputy City Manager; 467-5793 sriley@cityofukiah.com Mendocino Council of Governments (MCOG) 1st Monday of month, 1:30 p.m. Board of Supervisors Chambers 501 Low Gap Road Ukiah, CA Executive Director 367 N. State Street, Ste. 206 Ukiah, CA 95482 463-1859 Plan and allocate State funding, transportation, infrastructure and project County wide Duenas Sher - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Mendocino County Airport Land Use Commission As needed BOS Conference Room 501 Low Gap Rd., Rm. 1090, Ukiah, CA Mendocino County Executive Office 501 Low Gap Rd. Rm. 1010 Ukiah, CA 95482 To formulate a land use compatibility plan, provide for the orderly growth of the airport and the surrounding area, and safeguard the general welfare of the inhabitants within the vicinity Liaisons: Owen/Schlatter Greg Owen, Airport Manager; 467-2855; gowen@cityofukiah.com Craig Schlatter, Director of Community Development; 463-6219; cschlatter@cityofukiah.com Mendocino County Local Area Formation Commission (LAFCO) 1st Monday of month, 9:00 a.m.Board of Supervisors Chambers Executive Director 200 S. School Street, Ste. 2 Ukiah, CA 95482 463-4470 Required by legislation - planning spheres of influence, annexation, service areas, and special districts Rodin Crane - Desired Alternate if appointment becomes available with City Selection Committee Craig Schlatter, Director of Community Development; 463-6219; cschlatter@cityofukiah.com 6/23/2023 ATTACHMENT 1 Page 498 of 500 2023 CITY COUNCIL SPECIAL ASSIGNEMENTS MENDOCINO COUNTY Continued MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Mendocino Solid Waste Management Authority (MSWMA) 3rd Thursday of every other month (varies), 10:00 a.m. Willits Council Chambers Solid Waste Director 3200 Taylor Drive Ukiah, CA 95482 468-9710 County-wide Solid Waste JPA Crane Sher- Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Mendocino Transit Authority (MTA) Board of Directors Last Wednesday of month, 1:30 p.m. Alternating locations - Ukiah Conference Center or Fort Bragg, or Point Arena Executive Director 241 Plant Road Ukiah, CA 95482 462-1422 County-wide bus transportation issues and funding Sher Duenas - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Mendocino Youth Project JPA Board of Directors 3rd Wednesday of month, 7:45 a.m.776 S. State Street Conference Room Mendocino Co. Youth Project 776 S. State Street, Ste. 107 Ukiah, CA 95482 707-463-4915 Targets all youth with a focus on drug and alcohol prevention, healthy alternatives and empowering youth to make healthy choices Cedric Crook, Police Captain Duenas - Alternate Cedric Crook, Police Captain 463-6771; ccrook@cityofukiah.com Russian River Flood Control District (RRFCD) Liaison 1st Monday of month, 5:30 p.m. 151 Laws Ave.,Suite D Ukiah, CA 151 Laws Ave., Ukiah, CA 95482; rrfc@pacific.net; 462-5278 Proactively manage the water resources of the upper Russian River for the benefit of the people and environment of Mendocino County White/Orozco Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com Ukiah Players Theater Board of Directors 3rd Tuesday of month, 6:00 p.m 1041 Low Gap Rd Ukiah, CA 95482 462-1210 1041 Low Gap Rd Ukiah, CA 95482 462-1210 To oversee the activities, organization and purpose of the Ukiah Players Theater Greg Owen, Airport Manager (appointed 12/19/18) Kristine Lawler, City Clerk; 463-6217 klawler@cityofukiah.com Ukiah Unified School District (UUSD) Committee Quarterly 511 S. Orchard, Ste. D Ukiah, CA 95482 511 S. Orchard Ukiah, CA 95482 Information exchange with UUSD Board Chair, Mayor, Superintendent, and City Manager Mayor, City Manager and Police Chief Sage Sangiacomo, City Manager; 463-6221 ssangiacomo@cityofukiah.com REGIONAL MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Great Redwood Trail Agency Bi-monthly, 3rd Thursdays, 10:30 a.m. Various Locations - announced 419 Talmage Road, Suite M Ukiah, CA 95482 463-3280 Provides a unified and revitalized rail infrastructure meeting the freight and passenger needs of the region Rodin Duenas - Alternate Neil Davis, Community Services Director 467-5764 ndavis@cityofukiah.com League of California Cities Redwood Empire Legislative Committee Prior to Division Meetings, meets 3x in person and then via conference call Various locations that are announced Redwood Empire League President; Public Affairs Program Manager (916) 658-8243 Elected city officials and professional city staff attend division meetings throughout the year to share what they are doing and advocate for their interests in Sacramento Orozco Duenas -Alternate Sage Sangiacomo, City Manager; 463-6221 ssangiacomo@cityofukiah.com Russian River Watershed Association (RRWA) 4th Thursday of month, 9:00 a.m. (only 5 times a year) Windsor Town Hall Russian River Watershed Assoc. 425 South Main St., Sebastopol, CA 95472 508-3670 Consider issues related to Russian river - plans projects and funding requests Rodin Sher - Alternate Tim Eriksen, Public Works Director/City Engineer;463-6280 teriksen@cityofukiah.com Northern California Power Agency (NCPA) Commission 4th Thursday of month, 9:00 a.m. (see NCPA calendar) Roseville, CA and other locations 651 Commerce Drive Roseville, CA 95678 916-781-4202 Pool of State and local power utilities developing and operating power generation, providing scheduling and related energy services and providing regulatory and legislative support. Crane - Commissioner Sauers - Alternate and Commissioner in absence of Commissioner Crane Cindi Sauers - Electric Utility Director; 463-6286 csauers@cityofukiah.com Northern California Power Agency (NCPA) – Lodi Energy Center (LEC) Appointment 2nd Monday of  month, 10:00 AM Lodi, CA and other locations 651 Commerce Drive Roseville, CA 95678 916-781-4299 Committee oversees the operation, maintenance and expenditures of  the LEC 300 MW generating project. Sauers – Project Participate  Appointee Cindy Sauers, Electric Utility Director, 463‐6286, csauers@cityofukiah.com Transmission Agency of Northern California (TANC) 4th Wednesday of month, 10 a.m.35 Iron Point Circle Suite 225 Folsom, CA 35 Iron Point Cir #225 Folsom, CA 95630 916-852-1673; info@tanc.us Provide electric transmission to its Member utilities through transmission line ownership or contract arrangements. Crane Sauers - Alternate Cindi Sauers - Electric Utility Director; 463-6286 csauers@cityofukiah.com STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Diversity and Equity TBD Virtual Meeting Room (link to be created) Civic Center 300 Seminary Ave. Ukiah, CA 95482 Improve diversity and equity in the City’s workforce and municipal services Orozco/Duenas Traci Boyl, City Manager's Office Management Analyst; 467-5720; tboyl@cityofukiah.com Fire Executive Committee 2nd Tue, every other month beginning in January; 5:00 p.m. Ukiah Valley Conference Center, 200 S. School Street Ukiah, CA Civic Center 300 Seminary Ave. Ukiah, CA 95482 sabba@cityofukiah.com Per the recently adopted agreement between the City of Ukiah and the Ukiah Valley Fire Protection District Orozco/Sher Doug Hutchison, Fire Chief; 463-6263; dhutchison@cityofukiah.com Countywide Oversight Board to the RDA Successor Agencies 4th Thursday of January, 4:00 p.m.; meets annually Ukiah Valley Conference Center, 200 S. School Street Ukiah, CA City of Ukiah ATTN: City Clerk 300 Seminary Ave. Ukiah, CA 95482 707-463-6217 oversee and direct the Successor Agencies of the former redevelopment agencies Crane Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com Kristine Lawler, City Clerk; 463-6217, klawler@cityofukiah.com 6/23/2023 Page 499 of 500 COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT Electric Grid Operational Improvements Crane/Orozco Cindy Sauers, Electric Utility Director; 463-629586 csauers@cityofukiah.com Trench Cut Policy Development Crane Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Advance Planning & Policy for Sphere of Influence (SOI), Municipal Service Review (MSR), Annexation, Tax Sharing, Detachment, and Out of Area Service Agreements Crane/Rodin Craig Schlatter, Community Development Director 463-6219 cschlatter@cityofukiah.com UVSD/ City Relations Ad hoc committee to address specific issues with the Ukiah Valley Sanitation District, including discussion of overall sewer system service delivery policies, operating policy revisions, potential revisions to the current Operating Agreement, and cost sharing Crane/Orozco Dan Buffalo, Director of Finance;  463‐6220 dbuffalo@cityofukiah.com Sean White, Water Resources Director 463‐5712 swhite@cityofukiah.com  Orr Street Bridge Corridor Rodin/Sher Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Complete Streets Rodin/Crane Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Shannon Riley, Deputy City Manager 467-5793 sriley@cityofukiah.com Neil Davis, Community Services Director 467-5764 ndavis@cityofukiah.com Special Districts (Water District Consolidation)Orozco/Crane Shannon Riley, Deputy City Manager 467‐5793 sriley@cityofukiah.com Corp Yard Planning Crane/Orozco Jason Benson, Senior Civil Engineer  463‐6284 jbenson@cityofukiah.com City/District Review of 2019/22 Proposed Fire Code Crane/Orozco Doug Hutchison, Fire Chief 463‐6263 dhutchison@cityofukiah.com Mendocino County Courthouse Project and Reuse Sher/Orozco Shannon Riley, Deputy City Manager 467‐5793 sriley@cityofukiah.com Climate Action Plan Will coordinate with the Community Development Director to identify and assign representation to each of the identified categories, and also coordinate with the Community Development Director and the Climate Action Plan Working Group related to other outreach efforts during the development of the draft municipal Climate Action Plan related to the 2040 General Plan Sher/Duenas Craig Schlatter, Community Development Director 463-6219 cschlatter@cityofukiah.com City's 150-Year Anniversary Planning Orozco/Rodin Shannon Riley, Deputy City Manager 467‐5793 sriley@cityofukiah.com 2023 AD HOC COMMITTEES 8/4/2023 Page 500 of 500