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HomeMy WebLinkAbout2022-12-21 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://zoom.us/j/97199426600 Or you can call in using your telephone only: • Call (toll free) 1-888-788-0099 • Enter the Access Code: 971 9942 6600 • To Raise Hand enter *9 • To Speak after being recognized: enter *6 to unmute yourself Or One tap mobile (for easy connection on smart phones): US: +16699009128,,97199426600# or +12532158782,,97199426600# Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings. December 21, 2022 - 6:00 PM 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS 4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4.a. Presentation Honoring Retiree Ken Ronk for His Years of Service to the City of Ukiah. Recommended Action: Present Certificates and invite input from Department Directors. Attachments: 1. Certificate of Retirement for Ken Ronk 5. PETITIONS AND COMMUNICATIONS 6. APPROVAL OF MINUTES 6.a. Approval of the Minutes for the December 7, 2022, Regular Meeting. Recommended Action: Approve the Minutes of the December 7, 2022, Regular Meeting. Attachments: 1. 5a 2022-12-07 Draft Minutes Page 1 of 236 Page 2 of 5 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 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 November 2022. Recommended Action: Approve the Report of Disbursements for the Month of November 2022. Attachments: 1. November 2022 Summary of Disbursements 2. Account Codes for Reference 3. Object Codes for Reference 4. November 2022 Disbursement Detail 8.b. Approval of a Budget Amendment in the Amount of $19,079 for Mead & Hunt Construction Administration Services Agreement. Recommended Action: Approve a Budget Amendment in the Amount of $19,076 for Mead & Hunt Construction Administration Services Agreement. Attachments: 1. Contract Amendment Request 8.c. Adoption of Resolution Approving Amendment to Standard Agreement 20-CDBG-CV2-3-00081 to Transfer Funds from Public Facility Improvement Project for Surge Capacity to Standard Agreement 20-CDBG-CV2-3-00097 Ukiah Valley Fire Authority Ambulance Purchase; and Approve Corresponding Budget Amendments if Standard Agreement Amendments are Approved by the California Department of Housing and Community Development (HCD). Recommended Action: Adopt the resolution approving an amendment to Standard Agreement 20- CDBG-CV2-3-00081 to transfer funds from Public Facility Improvement Project for Surge Capacity to Standard Agreement 20-CDBG-CV2-3-00097 Ukiah Valley Fire Authority Ambulance Purchase; and approve corresponding budget amendments if the standard agreement amendments are approved by California Department of Housing and Community Development (HCD). Attachments: 1. Resolution- Amendment to 20-CDBG-CV2-3-00081 8.d. Consideration of Approval of Scope of Work for Advance Planning Environmental Subconsultant Rincon to Prepare an Updated Demolition Ordinance; Approval of Contract Amendment with Mintier Harnish; and Approval of Corresponding Budget Amendment. Recommended Action: Approve scope of work for Rincon to prepare an updated demolition ordinance, approve a contract amendment with Mintier Harnish, and approve a corresponding budget amendment. Attachments: 1. Demolition Ordinance Update Proposal_Rincon 2. C #1819190 draft amendment 4 8.e. Approval of Notice of Completion for Wipf Construction for the Trench Work at the Ukiah Valley Conference Center, Specification 22-08, and Direct the City Clerk to File the Notice of Completion with the County Recorder. Recommended Action: Approve the Notice of Completion for Wipf Construction LLC for the Trench Work at the Ukiah Valley Conference Center, and direct the City Clerk to file the notice with the County Recorder. Page 2 of 236 Page 3 of 5 Attachments: 1. Spec 22-08 Trench Work at the UVCC 2. Bid Results - Trench Work at the UVCC 3. Notice of Completion Spec 22-08 8.f. Approval of a Budget Amendment in the Amount of $77,000 to Cover Ice Rink Personnel Costs which were Inadvertently Omitted During the Budget Process. Recommended Action: Approve budget amendment of $77,000.00 for Ice Rink Personnel Costs. Attachments: None 8.g. Approval of Budget Amendment in the Amount of $437,676.65 for Specification 19-01 Dora Utility Improvement Project. Recommended Action: Approve budget amendment in the amount of $437,676.65 for Spec 19-01 Dora Utility Improvement Project. 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. Consider Adoption of Resolution Adopting a 2023 Advocacy Platform to Serve as Guidelines for Local, State, and Federal Legislative Matters. Recommended Action: Adopt resolution adopting a 2023 Advocacy Platform to serve as guidelines for local, state, and federal legislative, administrative, regulatory and court matters. Attachments: 1. Advocacy Platform_2023_redlined 2. Advocacy Platform and Resolution_2023_clean 3. 2023 League of CA Cities Priorities 14. NEW BUSINESS 14.a. Adoption of Resolution Extending the Terms of Three Members of the Planning Commission Until Seats are Filled Through the Appointment Process. Recommended Action: Adopt the resolution extending the terms of three members of the Planning Commission until seats are filled through the appointment process. Attachments: 1. Resolution - Planning Commission 14.b. Review and Consider the Fiscal Year 2023-24 Budget Development Schedule. Recommended Action: Receive and consider the City's operating and capital budget development and adoption schedule for the 2023-24 fiscal year. Attachments: Page 3 of 236 Page 4 of 5 1. Budget Schedule 2023-24 14.c. Discussion and Possible Action Regarding the Cancellation of the January 18, 2023, Regular City Council Meeting, and the Scheduling of a Special City Council Meeting on January 11, 2023, or Alternate Date if Desired. Recommended Action: Approve the cancellation of the January 18, 2023, Regular City Council Meeting, and the scheduling of a Special City Council Meeting to be held on January 11, 2023. Attachments: None 14.d. Receive Updates on City Council Committee and Ad Hoc Assignments, and Initiate Review of the 2023 Council Assignments List. Recommended Action: 1) Receive report(s); 2) Initiate review of the 2023 Special Assignments, which will be finalized at the January 2023 Council Meeting. Attachments: 1. Draft 2023 City Council Special Assignments 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: (2 cases) 15.b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2) or (3)) Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (1 case)) 15.c. 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.d. 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.e. 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.f. Conference with Real Property Negotiators (Cal. Gov't Code Section 54956.8) Property: APN Nos: 003-190-11 Negotiator: Sage Sangiacomo, City Manager Negotiating Parties: Dave Hull Under Negotiation: Price & Terms of Payment Recommended Action: None Attachments: None 15.g. Conference with Real Property Negotiators (Cal. Gov’t Code Section 54956.8) Property: APN Nos: 003-260-01, 003-500-14 Negotiator: Sage Sangiacomo, City Manager; Negotiating Parties: Eric Crane and Francine Selim Under Negotiation: Price & Terms of Payment Page 4 of 236 Page 5 of 5 15.h. Conference with Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units 15.i. Public Employee Performance Evaluation (Government Code Section 54956 Title: City Manager 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: 12/16/22 Page 5 of 236 Page 1 of 1 Agenda Item No: 4.a. MEETING DATE/TIME: 12/21/2022 ITEM NO: 2022-2280 AGENDA SUMMARY REPORT SUBJECT: Presentation Honoring Retiree Ken Ronk for His Years of Service to the City of Ukiah. DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Greg Owen, Airport Manager ATTACHMENTS: 1. Certificate of Retirement for Ken Ronk Summary: The City Council will honor Ken Ronk for His Years of Service to the City of Ukiah. Background: Ken Ronk, Ukiah Airport Assistant will be retiring at the end of December, 2022, from his position with the City of Ukiah. Discussion: The City Council will present a certificate honoring Ken Ronk at the December 21, 2022, City Council meeting. Recommended Action: Present Certificates and invite input from Department Directors. 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 6 of 236 City of Ukiah Presents to Upon the occasion of your retirement from This certificate is given as a testimonial of your exceptional dedication and important contributions during your time with the City of Ukiah. We thank you for your more than 18 years of dedicated service (11/2/2004 to 12/31/2022) and wish you much happiness in your retirement.  December 21, 2022   ____________________ ____________________ Mari Rodin Sage Sangiacomo Mayor City Manager ____________________ Greg Owen Airport Manager ATTACHMENT 1 Page 7 of 236 AGENDA ITEM 6a Page 1 of 6 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue, Ukiah, CA 95482 Virtual Meeting Link: https://zoom.us/j/97199426600 Ukiah, CA 95482 December 7, 2022 5:30 p.m. 5:30 – Mayor’s Reception – The City Council and Staff held a reception in the lobby to honor the outgoing Mayor Jim. O. Brown. 1.ROLL CALL Ukiah City Council met at a Regular Meeting on December 7, 2022, having been legally noticed on December 2, 2022. The meeting was held in person and virtually at the following link: https://zoom.us/j/97199426600. Mayor Brown called the meeting to order at 6:05 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Douglas, F. Crane Mari Rodin, Josefina Dueňas, and Jim O. Brown. Councilmember Elect Present: Susan Sher. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. MAYOR BROWN PRESIDING. 2.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Brown. 3.PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a.Adoption of Resolution Declaring Results of Statewide General Municipal Election of November 8, 2022, and Swearing in Ceremony for Newly Elected Councilmembers. Presenter: Kristine Lawler, City Clerk. Motion/Second: Orozco/Rodin to adopt Resolution (2022-76) reciting the fact of the General Municipal Election held on November 8, 2022, Declaring the results and such other matters as provided by law; direct the City Clerk to enter into the minutes a statement of results; and direct the City Clerk to present the Certificates of Election and administer the Oaths of Office to the newly elected officials. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Duenas, and Mayor Brown. NOES: None. ABSENT: None. ABSTAIN: None. The Clerk read the statement of the election results into the record. (Statement of the County results are attached) Outgoing Mayor Brown made some final remarks, passed the gavel, and stepped off the Dais. City Clerk, Kristine Lawler, administered the Oaths of Office, and incoming Councilmember Susan Sher took a seat on the Dais. CITY CLERK, KRISTINE LAWLER PRESIDING RECESS: 6:14 – 6:21 P.M. Page 8 of 236 City Council Minutes for December 7, 2022, Continued: Page 2 of 6 b. Appointment of New Mayor and Vice Mayor, and Reorganization of Council. Presenter: Kristine Lawler, City Clerk. Public Comment: Linda Hacinco, Max Hare, and Judy Luria. Motion by Orozco to nominate and appoint Councilmember Rodin as Mayor. Motion died for lack of a second. Motion by Councilmember Duenas to appoint Councilmember Sher as Mayor. Motion died as Councilmember Sher declined to take the position as Mayor. Motion/Second: Orozco/Sher to nominate and appoint Councilmember Rodin as Mayor and Councilmember Duenas as Vice Mayor, and approve remaining Council seats (Seat #1 – Councilmember Orozco; Seat #2 – Councilmember Sher; Seat #3 – Councilmember Crane). Motion carried by the following roll call votes: AYES: Orozco, Rodin, Crane, Duenas, and Sher. NOES: None. ABSENT: None. ABSTAIN: None. MAYOR RODIN PRESIDING. 4. PETITIONS AND COMMUNICATIONS Clerk stated that all communications had been distributed. 5. APPROVAL OF MINUTES a. Approval of the Minutes for the November 16, 2022, Regular Meeting. b. Approval of the Minutes for the November 28, 2022, Special Meeting. Motion/Second: Orozco/Rodin to approve Minutes of November 16, 2022, a regular meeting; and November 28, 2022, a special meeting, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Crane, Duenas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: Sher. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Authorize the City Manager to Negotiate and Execute a Memorandum of Understanding (COU No. 2223-145) with the Mendocino Land Trust to Collaborate on the Assessment and Management of City Owned Open Spaces – Community Services. b. Approve Budget Amendment in the Amount of $5,474 for the Replacement of Failing Dimmer Switches in the Grace Hudson Museum – Community Services. c. Approval of a Budget Amendment in the Amount of $13,327 for the Renewal of Zoom Video Communications - Finance. d. Approval of Notice of Completion for Doolittle Construction, LLC for the 2022 Slurry Seal of Local Streets, Specification 22-01, Approval of a Corresponding Budget Amendment, and Direction to the City Clerk to File the Notice of Completion with the County Recorder – Public Works. Page 9 of 236 City Council Minutes for December 7, 2022, Continued: Page 3 of 6 e. Report to Council for the Purchase of Services from Universal Coatings (COU No. 2223-141) for Multiple Roof Repairs at the Waste Water Treatment Plant, in the Amount of $59,000 – Public Works. f. Approval of a Budget Amendment for the Re-Roof of a Portion of the Civic Center Roof - Finance. g. Adoption of Resolution (Reso 2022-77) of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic – City Attorney. Motion/Second: Crane/Orozco to approve Consent Calendar Items 7a-7g, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Duenas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Public Comment: Vice Mayor Duenas – 763 South Oak St. issues. 9. COUNCIL REPORTS Presenter: 10. CITY MANAGER/CITY CLERK REPORTS Presenters: Sage Sangiacomo, City Manager; and  Construction Update – Tim Eriksen, Public Works Director / City Engineer.  FEMA Flood Plain – Tim Eriksen, Public Works Director / City Engineer.  Budget Update – Dan Buffalo, Finance Director.  Updated Staff Report Sections – Shannon Riley, Deputy City Manager Public Comment: Steven Scalmanini – flood plain at Gibson creek. 11. PUBLIC HEARINGS (6:15 PM) a. Public Hearing and Consideration of the Ukiah 2040 General Plan including 1) Adoption of a Resolution Certifying the Environmental Impact Report, Adopting Findings of Fact; Adopting a Statement of Overriding Considerations; and Approving a Mitigation, Monitoring, and Reporting Program; and 2) Adoption of a Resolution adopting the Ukiah 2040 General Plan. Presenters: Craig Schlatter, Community Development Director; Jesse Davis, Chief Planning Manager; and Michelle Irace, Planning Manager. PUBLIC HEARING OPENED AT 7:35 P.M. Public Comment: Linda Sanders, Eileen Mitro, Pinky Kushner. PUBLIC HEARING CLOSED AT 7:43 P.M. Page 10 of 236 City Council Minutes for December 7, 2022, Continued: Page 4 of 6 Motion/Second: Orozco/Sher to adopt the Resolution (2022-78) certifying the EIR, adopting the Findings of Fact (Attachment 4) and a Statement of Overriding Considerations; and approving a Mitigation, Monitoring, and Reporting Program. Motion carried by the following roll call votes: AYES: Orozco, Sher, Rodin, and Duenas. NOES: None. ABSENT: Crane. ABSTAIN: None. Motion/Second: Crane/Orozco to adopt the Resolution (2022-79) adopting the Ukiah 2040 General Plan. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Duenas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None. RECESS: 7:48 – 7:54 P.M. 12. UNFINISHED BUSINESS a. Consideration and Acceptance of Contract Pertaining to Wood, Green, and Mixed Organic Waste. Presenters: Dan Buffalo, Finance Director and Tim Eriksen, Public Works Director/City Engineer. Company Owner Comment: Martin Mileck. Public Comment: Susan Knopf and Martin Mileck. Motion/Second: Orozco/Duenas to accept the agreement (Non-City agreement) between Pacific Recycling Solutions, Ukiah Waste Solutions, and Solid Waste Systems, and incorporate the agreement as Exhibit D to the agreements between the City and Ukiah Waste Solutions and Solid Waste Systems. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Duenas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None. b. Determination of Notification of Intent to Adjust Curbside Collection and Transfer Station Service Rates in Compliance with Solid Waste Contracts. Presenters: Dan Buffalo, Finance Director and Tim Eriksen, Public Works Director/City Engineer. Public Comment: Steve Scalamini. Motion by Vice Mayor Duenas to create an ad hoc to adjust the rates. Mayor Rodin asked for the motion to move to agenda item 13c under Council ad hocs. Motion/Second: Crane/Orozco to confirm the determination of the City Manager, as reported, of compliance with the provisions of the agreements between the City of Ukiah and Ukiah Waste Solutions, Inc. (COU No. 1718-162) and Solid Waste Systems, Inc. (COU No. 1516-126) regarding the company's notice of intent to adjust curbside collection and transfer station rates. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Duenas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None. c. Approval of Award of Contract to Magellan Broadband for Implementation of the “Digital Infrastructure Design and Implementation Plan” in the amount of up to $252,339, Authorize the City Manager to Negotiate and Execute Agreement, and Approve Corresponding Budget Amendments. Presenter: Jim Robbins, Community Development Grants Manager. Page 11 of 236 City Council Minutes for December 7, 2022, Continued: Page 5 of 6 Motion/Second: Duenas/Crane to approve award of contract (COU No. 2223-146) to Magellan Broadband for implementation of the “Digital Infrastructure Design and Implementation Plan” in the amount of up to $252,339, Authorize the City Manager to negotiate and execute an agreement, and authorize corresponding budget amendments. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Duenas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None. 13. NEW BUSINESS a. Authorization for City Manager to Negotiate and Execute Joint Venture Agreement with County of Mendocino for Conversion of the Low Gap Park Tennis Courts to Pickleball Courts. Presenters: Neil Davis, Community Services Director and Marianne Davison, Senior Recreation Coordinator. Motion/Second: Duenas/Crane to authorize the City Manager to negotiate and execute a joint venture agreement (COU No. 2223-147) with the County of Mendocino for Conversion of the Low Gap Tennis Courts to Pickleball Courts. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Duenas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None. b. Discussion of Brown Act Updates for 2023, and Adoption of Resolution Modifying Agenda Order. Presenter: Darcy Vaughn, Assistant City Attorney. Motion/Second: Crane/Orozco to adopt resolution (2022-80) modifying the agenda order. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Duenas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None. 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). Presenter: Mayor Rodin. Mayor Directive – and Vice Mayor Duenas agreed - to wait to form a garbage rate ad hoc until the annual Special Assignments and Ad Hoc discussion in January. 14. CLOSED SESSION a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3)) Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1) 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 (Cal. Gov’t Code Section 54956.9(d)(1)) Name of case: Siderakis v. Ukiah, et al, Mendocino County Superior Court, Case No. 21CV00603 Page 12 of 236 City Council Minutes for December 7, 2022, Continued: Page 6 of 6 d. Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1)) Name of case: Arturo Flores Valdes et al., (Fed. Dist. Ct., N.D. Cal.) 22-CV-03125 RMI e. Conference with Real Property Negotiators (Cal. Gov’t Code Section 54956.8) Property: APN Nos: 157-070-04, 001-040-84, 001-040-82, 001-040-65 Negotiator: Sage Sangiacomo, City Manager; Negotiating Parties: Dave Hull and Grady Huff Under Negotiation: Price & Terms of Payment f. Conference with Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units No Closed Session was held. 15. ADJOURNMENT There being no further business, the meeting adjourned at 9:11 p.m. ________________________________ Kristine Lawler, City Clerk/CMC Page 13 of 236 ATTACHMENT 1 Page 14 of 236 Page 15 of 236 GOVERNOR - Vote for One Choice Party Polling Vote By Mail Total GAVIN NEWSOM 310 48.97%18,721 62.90%19,031 62.61% BRIAN DAHLE 323 51.03%11,040 37.10%11,363 37.39% Cast Votes:633 100.00%29,761 100.00%30,394 100.00% Undervotes:12 596 608 Overvotes:1 5 6 LIEUTENANT GOVERNOR - Vote for One Choice Party Polling Vote By Mail Total ELENI KOUNALAKIS 319 50.80%19,204 65.32%19,523 65.01% ANGELA E. UNDERWOOD JACOBS 309 49.20%10,198 34.68%10,507 34.99% Cast Votes:628 100.00%29,402 100.00%30,030 100.00% Undervotes:17 954 971 Overvotes:1 6 7 SECRETARY OF STATE - Vote for One Choice Party Polling Vote By Mail Total SHIRLEY N. WEBER 327 52.07%19,256 65.48%19,583 65.20% ROB BERNOSKY 301 47.93%10,150 34.52%10,451 34.80% Cast Votes:628 100.00%29,406 100.00%30,034 100.00% Undervotes:17 952 969 Overvotes:1 4 5 CONTROLLER - Vote for One Choice Party Polling Vote By Mail Total LANHEE J. CHEN 313 50.00%10,824 36.88%11,137 37.15% MALIA M. COHEN 313 50.00%18,529 63.12%18,842 62.85% Cast Votes:626 100.00%29,353 100.00%29,979 100.00% Undervotes:19 1,004 1,023 Overvotes:1 5 6 Election Final Official Results Run Time Run Date 10:52 AM 12/02/2022 COUNTY OF MENDOCINO, CALIFORNIA STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022 11/8/2022 Page 1 Official Results Registered Voters 31008 of 52366 = 59.21% Precincts Reporting 281 of 281 = 100.00% ATTACHMENT 1Placeholder for the Certificate of County Clerk to Result of the Canvass of the Statewide General Election Held on November 8, 2022 Page 16 of 236 TREASURER - Vote for One Choice Party Polling Vote By Mail Total JACK M. GUERRERO 301 48.16%10,325 35.24%10,626 35.51% FIONA MA 324 51.84%18,973 64.76%19,297 64.49% Cast Votes:625 100.00%29,298 100.00%29,923 100.00% Undervotes:20 1,062 1,082 Overvotes:1 2 3 ATTORNEY GENERAL - Vote for One Choice Party Polling Vote By Mail Total NATHAN HOCHMAN 297 47.60%10,282 35.14%10,579 35.40% ROB BONTA 327 52.40%18,980 64.86%19,307 64.60% Cast Votes:624 100.00%29,262 100.00%29,886 100.00% Undervotes:21 1,098 1,119 Overvotes:1 2 3 INSURANCE COMMISSIONER - Vote for One Choice Party Polling Vote By Mail Total RICARDO LARA 319 51.12%19,071 65.54%19,390 65.24% ROBERT HOWELL 305 48.88%10,028 34.46%10,333 34.76% Cast Votes:624 100.00%29,099 100.00%29,723 100.00% Undervotes:21 1,260 1,281 Overvotes:1 3 4 MEMBER, ST BD OF EQUAL - 2ND DIST - Vote for One Choice Party Polling Vote By Mail Total PETER COE VERBICA 295 47.43%10,109 35.03%10,404 35.29% SALLY J. LIEBER 327 52.57%18,750 64.97%19,077 64.71% Cast Votes:622 100.00%28,859 100.00%29,481 100.00% Undervotes:23 1,500 1,523 Overvotes:1 3 4 Election Final Official Results Run Time Run Date 10:52 AM 12/02/2022 COUNTY OF MENDOCINO, CALIFORNIA STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022 11/8/2022 Page 2 Official Results Registered Voters 31008 of 52366 = 59.21% Precincts Reporting 281 of 281 = 100.00% Page 17 of 236 US SENATE - FULL TERM - Vote for One Choice Party Polling Vote By Mail Total MARK P. MEUSER 295 47.28%10,111 34.24%10,406 34.51% ALEX PADILLA 329 52.72%19,416 65.76%19,745 65.49% Cast Votes:624 100.00%29,527 100.00%30,151 100.00% Undervotes:21 824 845 Overvotes:1 11 12 US SENATE - PARTIAL TERM - Vote for One Choice Party Polling Vote By Mail Total MARK P. MEUSER 299 47.92%9,999 34.17%10,298 34.46% ALEX PADILLA 325 52.08%19,264 65.83%19,589 65.54% Cast Votes:624 100.00%29,263 100.00%29,887 100.00% Undervotes:21 1,094 1,115 Overvotes:1 5 6 US HOUSE OF REP - 2ND DIST - Vote for One Choice Party Polling Vote By Mail Total DOUGLAS BROWER 286 45.76%9,640 32.63%9,926 32.90% JARED HUFFMAN 339 54.24%19,901 67.37%20,240 67.10% Cast Votes:625 100.00%29,541 100.00%30,166 100.00% Undervotes:20 816 836 Overvotes:1 5 6 STATE SENATE - 2ND DIST - Vote for One Choice Party Polling Vote By Mail Total GENE YOON 287 45.92%9,655 32.73%9,942 33.00% MIKE MCGUIRE 338 54.08%19,845 67.27%20,183 67.00% Cast Votes:625 100.00%29,500 100.00%30,125 100.00% Undervotes:20 858 878 Overvotes:1 4 5 Election Final Official Results Run Time Run Date 10:52 AM 12/02/2022 COUNTY OF MENDOCINO, CALIFORNIA STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022 11/8/2022 Page 3 Official Results Registered Voters 31008 of 52366 = 59.21% Precincts Reporting 281 of 281 = 100.00% Page 18 of 236 ASSEMBLY - 2ND DIST - Vote for One Choice Party Polling Vote By Mail Total CHARLOTTE SVOLOS 287 46.14%9,743 33.24%10,030 33.50% JIM WOOD 335 53.86%19,572 66.76%19,907 66.50% Cast Votes:622 100.00%29,315 100.00%29,937 100.00% Undervotes:23 1,044 1,067 Overvotes:1 3 4 For Chief Justice of California - Patricia Guerrero Choice Party Polling Vote By Mail Total YES 308 62.86%16,733 72.69%17,041 72.48% NO 182 37.14%6,288 27.31%6,470 27.52% Cast Votes:490 100.00%23,021 100.00%23,511 100.00% Undervotes:156 7,335 7,491 Overvotes:0 6 6 For Assosicate Justice of Supreme Court - Goodwin Liu Choice Party Polling Vote By Mail Total YES 289 59.71%15,803 71.15%16,092 70.90% NO 195 40.29%6,409 28.85%6,604 29.10% Cast Votes:484 100.00%22,212 100.00%22,696 100.00% Undervotes:162 8,145 8,307 Overvotes:0 5 5 For Assosicate Justice of Supreme Court - Martin J. Jenkins Choice Party Polling Vote By Mail Total YES 279 59.49%15,238 70.19%15,517 69.97% NO 190 40.51%6,471 29.81%6,661 30.03% Cast Votes:469 100.00%21,709 100.00%22,178 100.00% Undervotes:177 8,647 8,824 Overvotes:0 6 6 Election Final Official Results Run Time Run Date 10:52 AM 12/02/2022 COUNTY OF MENDOCINO, CALIFORNIA STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022 11/8/2022 Page 4 Official Results Registered Voters 31008 of 52366 = 59.21% Precincts Reporting 281 of 281 = 100.00% Page 19 of 236 For Assosicate Justice of Supreme Court - Joshua P. Groban Choice Party Polling Vote By Mail Total YES 262 56.34%15,016 69.54%15,278 69.26% NO 203 43.66%6,578 30.46%6,781 30.74% Cast Votes:465 100.00%21,594 100.00%22,059 100.00% Undervotes:181 8,761 8,942 Overvotes:0 7 7 For Assosicate Justice of Appeal, 1st District, Divison 2 - Therese M. Stewart Choice Party Polling Vote By Mail Total YES 272 58.62%14,960 70.61%15,232 70.36% NO 192 41.38%6,226 29.39%6,418 29.64% Cast Votes:464 100.00%21,186 100.00%21,650 100.00% Undervotes:182 9,170 9,352 Overvotes:0 6 6 For Presiding Justice of Appeal, 1st District, Divison 3 - Alison M. Tucher Choice Party Polling Vote By Mail Total YES 268 58.01%14,899 70.86%15,167 70.58% NO 194 41.99%6,128 29.14%6,322 29.42% Cast Votes:462 100.00%21,027 100.00%21,489 100.00% Undervotes:184 9,331 9,515 Overvotes:0 4 4 For Assosicate Justice of Appeal, 1st District, Divison 3 - Victor A. Rodriguez Choice Party Polling Vote By Mail Total YES 257 56.11%14,336 69.16%14,593 68.88% NO 201 43.89%6,392 30.84%6,593 31.12% Cast Votes:458 100.00%20,728 100.00%21,186 100.00% Undervotes:188 9,631 9,819 Overvotes:0 3 3 Election Final Official Results Run Time Run Date 10:52 AM 12/02/2022 COUNTY OF MENDOCINO, CALIFORNIA STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022 11/8/2022 Page 5 Official Results Registered Voters 31008 of 52366 = 59.21% Precincts Reporting 281 of 281 = 100.00% Page 20 of 236 For Assosicate Justice of Appeal, 1st District, Divison 3 - Ioana Petrou Choice Party Polling Vote By Mail Total YES 266 58.46%14,453 69.58%14,719 69.34% NO 189 41.54%6,318 30.42%6,507 30.66% Cast Votes:455 100.00%20,771 100.00%21,226 100.00% Undervotes:191 9,588 9,779 Overvotes:0 3 3 For Assosicate Justice of Appeal, 1st District, Divison 3 - Carin T. Fujisaki Choice Party Polling Vote By Mail Total YES 266 58.46%14,482 69.72%14,748 69.48% NO 189 41.54%6,290 30.28%6,479 30.52% Cast Votes:455 100.00%20,772 100.00%21,227 100.00% Undervotes:191 9,586 9,777 Overvotes:0 4 4 For Assosicate Justice of Appeal, 1st District, Divison 4 - Tracie L. Brown Choice Party Polling Vote By Mail Total YES 261 57.49%14,914 71.54%15,175 71.24% NO 193 42.51%5,933 28.46%6,126 28.76% Cast Votes:454 100.00%20,847 100.00%21,301 100.00% Undervotes:192 9,506 9,698 Overvotes:0 9 9 For Assosicate Justice of Appeal, 1st District, Divison 4 - Jeremy M. Goldman Choice Party Polling Vote By Mail Total YES 259 57.43%14,173 68.49%14,432 68.26% NO 192 42.57%6,520 31.51%6,712 31.74% Cast Votes:451 100.00%20,693 100.00%21,144 100.00% Undervotes:195 9,668 9,863 Overvotes:0 1 1 Election Final Official Results Run Time Run Date 10:52 AM 12/02/2022 COUNTY OF MENDOCINO, CALIFORNIA STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022 11/8/2022 Page 6 Official Results Registered Voters 31008 of 52366 = 59.21% Precincts Reporting 281 of 281 = 100.00% Page 21 of 236 For Presiding Justice of Appeal, 1st District, Divison 5 - Teri L. Jackson Choice Party Polling Vote By Mail Total YES 266 58.59%14,519 71.01%14,785 70.75% NO 188 41.41%5,926 28.99%6,114 29.25% Cast Votes:454 100.00%20,445 100.00%20,899 100.00% Undervotes:192 9,908 10,100 Overvotes:0 9 9 For Assosicate Justice of Appeal, 1st District, Divison 5 - Gordon B. Burns Choice Party Polling Vote By Mail Total YES 256 57.66%13,989 69.47%14,245 69.21% NO 188 42.34%6,148 30.53%6,336 30.79% Cast Votes:444 100.00%20,137 100.00%20,581 100.00% Undervotes:202 10,224 10,426 Overvotes:0 1 1 SUPERINTENDENT OF PUBLIC INSTRUCTION - Vote for One Choice Party Polling Vote By Mail Total TONY K. THURMOND 286 59.21%16,810 71.16%17,096 70.92% LANCE RAY CHRISTENSEN 197 40.79%6,813 28.84%7,010 29.08% Cast Votes:483 100.00%23,623 100.00%24,106 100.00% Undervotes:162 6,731 6,893 Overvotes:1 8 9 POTTER VALLEY COMMUNITY UNIFIED SCHOOL DISTRICT - Vote for no more than Two (2) Choice Party Polling Vote By Mail Total JOHN MARCH 16 44.44%577 48.90%593 48.77% KAREN RIORDAN 10 27.78%317 26.86%327 26.89% RONNIE ODNEAL 10 27.78%286 24.24%296 24.34% Cast Votes:36 100.00%1,180 100.00%1,216 100.00% Undervotes:12 428 440 Overvotes:1 0 1 Election Final Official Results Run Time Run Date 10:52 AM 12/02/2022 COUNTY OF MENDOCINO, CALIFORNIA STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022 11/8/2022 Page 7 Official Results Registered Voters 31008 of 52366 = 59.21% Precincts Reporting 281 of 281 = 100.00% Page 22 of 236 ROUND VALLEY UNIFIED SCHOOL DISTRICT - Vote for no more than Three (3) Choice Party Polling Vote By Mail Total PETER BAUER 0 0.00%342 26.97%342 26.97% AMANDA BRITTON 0 0.00%353 27.84%353 27.84% DOUGLAS E. HUTT, JR.0 0.00%229 18.06%229 18.06% CYNTHIA E. O'FERRALL 0 0.00%344 27.13%344 27.13% Cast Votes:0 0.00%1,268 100.00%1,268 100.00% Undervotes:0 409 409 Overvotes:0 0 0 WILLITS UNIFIED SCHOOL DISTRICT - Vote for no more than Three (3) Choice Party Polling Vote By Mail Total JEFFERY RITCHLEY 40 7.37%621 6.59%661 6.63% ROBERT CHAVEZ 79 14.55%1,355 14.37%1,434 14.38% COLBY FRIEND 60 11.05%867 9.19%927 9.30% DAVID LILKER 67 12.34%1,151 12.21%1,218 12.21% PAULA NUNEZ 75 13.81%1,515 16.07%1,590 15.94% JENNIFER M. SOOKNE 85 15.65%1,495 15.85%1,580 15.84% JEANNE KING 98 18.05%1,676 17.77%1,774 17.79% APRIL LAMPRICH (W)39 7.18%750 7.95%789 7.91% Cast Votes:543 100.00%9,430 100.00%9,973 100.00% Undervotes:237 3,719 3,956 Overvotes:0 2 2 FORT BRAGG CITY COUNCIL-LONG TERM - Vote for no more than Three (3) Choice Party Polling Vote By Mail Total RICHARD GARCIA 0 0.00%209 3.85%209 3.84% JASON GODEKE 2 28.57%1,419 26.13%1,421 26.14% RICHARD MOHR 0 0.00%246 4.53%246 4.52% MARCIA RAFANAN 2 28.57%872 16.06%874 16.08% MICHELLE ROBERTS 0 0.00%652 12.01%652 11.99% BLANCA E. PENA 1 14.29%577 10.63%578 10.63% SCOTT TAUBOLD 1 14.29%373 6.87%374 6.88% MARY ROSE KACZOROWSKI 1 14.29%427 7.86%428 7.87% TESS ALBIN-SMITH (W)0 0.00%655 12.06%655 12.05% Cast Votes:7 100.00%5,430 100.00%5,437 100.00% Undervotes:2 1,389 1,391 Overvotes:0 3 3 Election Final Official Results Run Time Run Date 10:52 AM 12/02/2022 COUNTY OF MENDOCINO, CALIFORNIA STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022 11/8/2022 Page 8 Official Results Registered Voters 31008 of 52366 = 59.21% Precincts Reporting 281 of 281 = 100.00% Page 23 of 236 FORT BRAGG CITY COUNCIL-SHORT TERM - Vote for One Choice Party Polling Vote By Mail Total ALBERTO ALDACO 0 0.00%396 21.72%396 21.69% LINDY PETERS 3 100.00%1,427 78.28%1,430 78.31% Cast Votes:3 100.00%1,823 100.00%1,826 100.00% Undervotes:0 452 452 Overvotes:0 1 1 UKIAH CITY COUNCIL - Vote for no more than Three (3) Choice Party Polling Vote By Mail Total JIM O. BROWN 2 25.00%1,907 19.53%1,909 19.53% MARI RODIN 2 25.00%2,066 21.16%2,068 21.16% THAO PHI 2 25.00%1,498 15.34%1,500 15.35% JUAN V. OROZCO 1 12.50%2,086 21.36%2,087 21.35% SUSAN SHER 1 12.50%2,209 22.62%2,210 22.61% Cast Votes:8 100.00%9,766 100.00%9,774 100.00% Undervotes:1 4,064 4,065 Overvotes:0 2 2 POINT ARENA CITY COUNCIL - Vote for no more than Three (3) Choice Party Polling Vote By Mail Total BARBARA BURKEY 0 0.00%109 53.96%109 53.96% ANNA MARIE ELY-DOBBINS 0 0.00%93 46.04%93 46.04% Cast Votes:0 0.00%202 100.00%202 100.00% Undervotes:0 206 206 Overvotes:0 0 0 ALBION/LITTLE RIVER FIRE PROTECTION DISTRICT - Vote for no more than Two (2) Choice Party Polling Vote By Mail Total DAN GATES 9 16.67%327 22.90%336 22.67% STEVEN ACKER 28 51.85%572 40.06%600 40.49% PAMELA S. LINSTEDT 17 31.48%529 37.04%546 36.84% Cast Votes:54 100.00%1,428 100.00%1,482 100.00% Undervotes:26 374 400 Overvotes:0 2 2 Election Final Official Results Run Time Run Date 10:52 AM 12/02/2022 COUNTY OF MENDOCINO, CALIFORNIA STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022 11/8/2022 Page 9 Official Results Registered Voters 31008 of 52366 = 59.21% Precincts Reporting 281 of 281 = 100.00% Page 24 of 236 BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT - Vote for no more than Three (3) Choice Party Polling Vote By Mail Total R. RICHARD WILLIAMS 43 24.02%525 23.97%568 23.98% ED HORRICK 43 24.02%539 24.61%582 24.57% JOANNE CAVALLARI 46 25.70%576 26.30%622 26.26% CHARLES "TONY" ORTH 45 25.14%519 23.70%564 23.81% MICHAEL TROY MOORE (W)2 1.12%31 1.42%33 1.39% Cast Votes:179 100.00%2,190 100.00%2,369 100.00% Undervotes:97 1,566 1,663 Overvotes:0 1 1 HOPLAND FIRE PROTECTION DISTRICT - Vote for no more than Two (2) Choice Party Polling Vote By Mail Total BRUCE P. JENSEN 2 22.22%281 28.97%283 28.91% JIM MASTIN 4 44.44%366 37.73%370 37.79% DAVID RODERICK 3 33.33%323 33.30%326 33.30% Cast Votes:9 100.00%970 100.00%979 100.00% Undervotes:7 444 451 Overvotes:0 0 0 REDWOOD VALLEY-CALPELLA FIRE DISTRICT - Vote for no more than Two (2) Choice Party Polling Vote By Mail Total SHANNON JOHNSON 13 22.41%552 19.20%565 19.26% TONY HOWARD 31 53.45%1,561 54.30%1,592 54.28% STEPHANIE DUNKEN 14 24.14%762 26.50%776 26.46% Cast Votes:58 100.00%2,875 100.00%2,933 100.00% Undervotes:24 1,619 1,643 Overvotes:0 0 0 Election Final Official Results Run Time Run Date 10:52 AM 12/02/2022 COUNTY OF MENDOCINO, CALIFORNIA STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022 11/8/2022 Page 10 Official Results Registered Voters 31008 of 52366 = 59.21% Precincts Reporting 281 of 281 = 100.00% Page 25 of 236 MENDOCINO COAST HEALTH CARE DISTRICT - Vote for no more than Three (3) Choice Party Polling Vote By Mail Total DAWNMARIE RISLEY-CHILDS 40 18.26%3,394 17.89%3,434 17.90% JOHN REDDING 33 15.07%2,392 12.61%2,425 12.64% LEE FINNEY 43 19.63%4,127 21.76%4,170 21.73% SUSAN K. SAVAGE 47 21.46%3,783 19.94%3,830 19.96% JAMES JADE TIPPETT 56 25.57%5,274 27.80%5,330 27.78% Cast Votes:219 100.00%18,970 100.00%19,189 100.00% Undervotes:129 7,814 7,943 Overvotes:0 10 10 REDWOOD VALLEY WATER DISTRICT - Vote for no more than Two (2) Choice Party Polling Vote By Mail Total CASSIE TAANING 20 35.09%857 36.44%877 36.41% KEN TODD 22 38.60%790 33.59%812 33.71% BREE KLOTTER 15 26.32%705 29.97%720 29.89% Cast Votes:57 100.00%2,352 100.00%2,409 100.00% Undervotes:25 1,082 1,107 Overvotes:0 0 0 PROPOSITION 1 Choice Party Polling Vote By Mail Total YES 395 64.33%21,812 74.74%22,207 74.53% NO 219 35.67%7,371 25.26%7,590 25.47% Cast Votes:614 100.00%29,183 100.00%29,797 100.00% Undervotes:31 1,176 1,207 Overvotes:1 3 4 PROPOSITION 26 Choice Party Polling Vote By Mail Total YES 161 26.57%7,696 26.69%7,857 26.68% NO 445 73.43%21,144 73.31%21,589 73.32% Cast Votes:606 100.00%28,840 100.00%29,446 100.00% Undervotes:39 1,509 1,548 Overvotes:1 13 14 Election Final Official Results Run Time Run Date 10:52 AM 12/02/2022 COUNTY OF MENDOCINO, CALIFORNIA STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022 11/8/2022 Page 11 Official Results Registered Voters 31008 of 52366 = 59.21% Precincts Reporting 281 of 281 = 100.00% Page 26 of 236 PROPOSITION 27 Choice Party Polling Vote By Mail Total YES 84 13.66%3,493 11.95%3,577 11.98% NO 531 86.34%25,747 88.05%26,278 88.02% Cast Votes:615 100.00%29,240 100.00%29,855 100.00% Undervotes:31 1,117 1,148 Overvotes:0 5 5 PROPOSITION 28 Choice Party Polling Vote By Mail Total YES 407 65.12%20,799 71.00%21,206 70.88% NO 218 34.88%8,496 29.00%8,714 29.12% Cast Votes:625 100.00%29,295 100.00%29,920 100.00% Undervotes:20 1,063 1,083 Overvotes:1 4 5 PROPOSITION 29 Choice Party Polling Vote By Mail Total YES 180 29.65%8,103 28.23%8,283 28.26% NO 427 70.35%20,600 71.77%21,027 71.74% Cast Votes:607 100.00%28,703 100.00%29,310 100.00% Undervotes:39 1,648 1,687 Overvotes:0 11 11 PROPOSITION 30 Choice Party Polling Vote By Mail Total YES 264 42.11%14,696 50.05%14,960 49.89% NO 363 57.89%14,665 49.95%15,028 50.11% Cast Votes:627 100.00%29,361 100.00%29,988 100.00% Undervotes:19 991 1,010 Overvotes:0 10 10 Election Final Official Results Run Time Run Date 10:52 AM 12/02/2022 COUNTY OF MENDOCINO, CALIFORNIA STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022 11/8/2022 Page 12 Official Results Registered Voters 31008 of 52366 = 59.21% Precincts Reporting 281 of 281 = 100.00% Page 27 of 236 PROPOSITION 31 Choice Party Polling Vote By Mail Total YES 355 56.53%19,845 67.77%20,200 67.53% NO 273 43.47%9,438 32.23%9,711 32.47% Cast Votes:628 100.00%29,283 100.00%29,911 100.00% Undervotes:18 1,073 1,091 Overvotes:0 6 6 MEASURE N - HOPLAND FIRE PROTECTION DISTRICT Choice Party Polling Vote By Mail Total YES 6 75.00%392 56.48%398 56.70% NO 2 25.00%302 43.52%304 43.30% Cast Votes:8 100.00%694 100.00%702 100.00% Undervotes:0 13 13 Overvotes:0 0 0 MEASURE O - CITIZEN'S LIBRARY INITIATIVE Choice Party Polling Vote By Mail Total YES 367 58.53%17,798 60.87%18,165 60.82% NO 260 41.47%11,443 39.13%11,703 39.18% Cast Votes:627 100.00%29,241 100.00%29,868 100.00% Undervotes:19 1,117 1,136 Overvotes:0 4 4 MEASURE P - COUNTY ESSENTAIL SERVICES SALES TAX Choice Party Polling Vote By Mail Total YES 317 51.21%16,151 55.35%16,468 55.27% NO 302 48.79%13,028 44.65%13,330 44.73% Cast Votes:619 100.00%29,179 100.00%29,798 100.00% Undervotes:27 1,182 1,209 Overvotes:0 1 1 *** End of report *** Election Final Official Results Run Time Run Date 10:52 AM 12/02/2022 COUNTY OF MENDOCINO, CALIFORNIA STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022 11/8/2022 Page 13 Official Results Registered Voters 31008 of 52366 = 59.21% Precincts Reporting 281 of 281 = 100.00% Page 28 of 236 Page 1 of 2 Agenda Item No: 8.a. MEETING DATE/TIME: 12/21/2022 ITEM NO: 2022-1479 AGENDA SUMMARY REPORT SUBJECT: Report of Disbursements for the Month of November 2022. DEPARTMENT: Finance PREPARED BY: Candice Rasmason, Accounts Payable PRESENTER: Consent Calendar ATTACHMENTS: 1. November 2022 Summary of Disbursements 2. Account Codes for Reference 3. Object Codes for Reference 4. November 2022 Disbursement Detail Summary: The Council will review and consider approval of the Report of Disbursements for the month of November 2022. Background: Payments made during the month of November 2022 are summarized in the Report of Disbursements. Further detail is supplied on the Schedule of Bills, representing the five (5) individual payment cycles within the month. Accounts Payable Check Numbers (City & UVFA): 3050227-3050335; 3050336-3050431; 3050432-3050524; 3050525-3050552; 3050553-3050562 Accounts Payable Wire Transfers: N/A Payroll Check Numbers: 512111-512193; 512194-512277 Payroll Manual Check Numbers: N/A Direct Deposit Numbers: 115185-115492; 115493-115848 Manual Direct Deposit Numbers: 115493 Void Check Numbers: 3050245, 3050514, 3050179, 3050293, 3050351 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: November 2022 Summary of Disbursements Attachment #2: Account Codes for Reference Attachment #3: Object Codes for Reference Attachment #4: November 2022 Disbursement Detail Recommended Action: Approve the Report of Disbursements for the Month of November 2022. Page 29 of 236 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 Page 30 of 236 Attachment 1 FUNDS: 100 General Fund $131,899.93 700 Sanitary Disposal Site Fund $8,039.71 101 GF-(Sub-Fund) Visit Ukiah 701 Landfill Corrective Fund 105 GF-(Sub-Fund) Fire Authority $141,718.61 702 Disposal Closure Reserve Fund 110 Special General Fund 704 Post Closure Fund - Solid Waste 120 Streets Capital Improvement $76,778.32 710 Ambulance Services Fund $10,889.89 130 Gov'tl Debt SVC/Reserve Fund 720 Golf Fund $11,535.47 131 Debt Service Reserve 2022 LRB 730 Confernence Center Fund $6,934.82 200 City Adminstrative Services $69,370.31 750 Visit Ukiah 201 Worker's Comp Fund 777 Airport Fund $79,515.80 202 Liability Fund 778 Airport Capital Improvement Fund 203 Garage Fund $66,990.27 779 Special Aviation Fund 204 Purchasing Fund $3,672.17 800 Electric Fund $1,133,198.58 205 Billing & Collections Fund $5,447.82 801 Electric Capital Reserve Fund $47,771.31 206 Public Safety Dispatch Fund $3,495.68 803 Lake Mendocino Bond Reserve 207 Payroll Posting Fund $358,893.14 805 Street Lighting Fund 208 Building Maintenance/Corp Yard Fund $20,448.60 806 Public Benefits Fund $3,650.00 209 IT Fund $18,813.86 807 Cap and Trade 220 Equipment Reserve Fund 820 Water Fund $726,128.50 249 City Housing Bond Proceeds 822 Water Capital Improvement Fund $163,439.91 250 Special Revenue Fund 830 Recycled Water Fund $97,932.87 251 Special Projects Reserve Fund 840 City/District Sewer Fund $196,857.82 252 Streets/ROW Improvement Fund $597,923.34 841 Sewer Contruction Fund 253 CITY PROP 172 843 Sewer Capital Fund 300 Park Development Fund 900 Special Deposit Trust ($49.99) 301 Anton Stadium Fund $0.00 901 General Service (Accts Recv)$1,585.34 302 Observatory Park Fund 902 U.S.W. Billing & Collection $47,023.47 304 Swimming Pool Fund $0.00 903 Public Safety - AB 109 $0.00 305 Riverside Park Fund $0.00 905 Federal Emergency Shelter Grant 306 Skate Park Fund $0.00 905 Mendocino Emergency Service Authority 310 Museum Grants 911 Russian River Watershed Association 311 Alex Rorbaugh Recreation Center Fund $3,835.45 915 UVFD $729.27 312 Downtown Business Improvement Fund 916 UVFD PROP 172 313 LMIHF Housing Asset Fund 917 UVFD Measure B 314 Winter Special Events 918 UVFD Mitigation $1,361.79 315 Advanced Planning Fund $3,376.25 940 Sanitation District Special Fund $38,735.08 316 SPECIAL RECREATION EVENTS $6,255.35 942 Rate Stabilization - UVSD Fund 500 2106 Gas Tax Fund 943 Sanitation District Capital Improvement Fund 501 2107 Gas Tax Fund 952 REDIP Sewer Enterprise Fund 503 2105 Gas Tax Fund 960 Community Redevelopment Agency 505 Signalization Fund 961 RDA Housing Pass-Through 506 Bridge Fund 962 Redevelopment Housing Fund 507 1998 STIP Augmentation Fund 963 Housing Debt 508 SB325 Reimbursement Fund 964 RDA Capital Pass-Through 509 S.T.P. Fund 965 Redevelopment Capital Improvement Fund 510 Trans-Traffic Congest Relief Fund 966 Redevelopment Debt Service 511 Rail Trail Fund 967 Housing Bond Proceeds 600 Community Development Block Grant 968 Non-Housing Bond Proceeds 601 EDBG 94-333 Revolving Loan 969 RDA Obligation Retirement Fund 602 Community Development Fund 844/944 Sewer Capital Projects Fund $71,201.46 603 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 610 City RDA Projects Fund Retainage Withheld 613 Home Program Activities 611 CDBG 16-CDBG-11147 $32,091.15 620 CASP Train 630 Asset Seizure Fund 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 $414.41 670 Federal American Rescue Fund 691 Museum Fund 695 Transfer Station Fund 696 Solid Waste Mitigation Fund PAYROLL CHECK NUMBERS: 512111-512193 TOTAL DEMAND PAYMENTS- A/P CHECKS $4,187,905.76 DIRECT DEPOSIT NUMBERS: 115185-115492 TOTAL DEMAND PAYMENTS- EFT's $0.00 PAYROLL PERIOD: 10/16/22-10/29/22 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,330,080.11 PAYROLL CHECK NUMBERS: 512194-512277 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS)$728,236.40 DIRECT DEPOSIT NUMBERS: 115493-115848 * vendor name( if applicable) PAYROLL PERIOD: 10/30/22-11/12/22 VOID CHECK NUMBERS: TOTAL PAYMENTS $6,246,222.27 3050245, 3050514, 3050179, 3050293 3050351 N/A WIRE TRANSFER NUMBERS: N/A 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 NOVEMBER Page 31 of 236 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 32 of 236 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 33 of 236 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 34 of 236 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 35 of 236 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 36 of 236 Attachment 4 Page 37 of 236 Page 38 of 236 Page 39 of 236 Page 40 of 236 Page 41 of 236 Page 42 of 236 Page 43 of 236 Page 44 of 236 Page 45 of 236 Page 46 of 236 Page 47 of 236 Page 48 of 236 Page 49 of 236 Page 50 of 236 Page 51 of 236 Page 52 of 236 Page 53 of 236 Page 54 of 236 Page 55 of 236 Page 56 of 236 Page 57 of 236 Page 58 of 236 Page 59 of 236 Page 60 of 236 Page 61 of 236 Page 62 of 236 Page 63 of 236 Page 64 of 236 Page 65 of 236 Page 66 of 236 Page 67 of 236 Page 68 of 236 Page 69 of 236 Page 70 of 236 Page 71 of 236 Page 72 of 236 Page 73 of 236 Page 74 of 236 Page 75 of 236 Page 76 of 236 Page 77 of 236 Page 78 of 236 Page 79 of 236 Page 80 of 236 Page 81 of 236 Page 82 of 236 Page 83 of 236 Page 84 of 236 Page 85 of 236 Page 86 of 236 Page 87 of 236 Page 88 of 236 Page 89 of 236 Page 90 of 236 Page 1 of 2 Agenda Item No: 8.b. MEETING DATE/TIME: 12/21/2022 ITEM NO: 2022-2275 AGENDA SUMMARY REPORT SUBJECT: Approval of a Budget Amendment in the Amount of $19,079 for Mead & Hunt Construction Administration Services Agreement. DEPARTMENT: Airport PREPARED BY: Greg Owen, Airport Manager PRESENTER: Greg Owen, Airport Manager ATTACHMENTS: 1. Contract Amendment Request Summary: Council will consider approving a budget amendment in the amount of $19,079 for Mead & Hunt Construction Administration Services Agreement. Background: Mead & Hunt was contracted by the City to perform construction administration services for the "Runway 15-33 Pavement Rehabilitation Phase 1", which included providing a Resident Project Representative to monitor the Contractor’s compliance with FAA grant assurances and standards. Due to rain delays and other prevailing project conditions, Mead & Hunt were required to perform additional efforts beyond the scope of the original contract, including additional testing and inspection time due to re-evaluation of subgrade soils after rain events. Mead & Hunt continued to work to keep the project moving forward during the rain delays, as well as monitor the work performed to comply with FAA funding reimbursement eligibility. Mead & Hunt requested an amendment (Attachment 1 - Contract Amendment Request) to their existing contract for this project in the amount of $19,079. Upon FAA approval of the grant amendment request, ($17,171 from the FAA and $1,908 in local funds), the City's total contract amount for this project will be $347,326.51 for construction administration and close out services. Mead & Hunt had agreed to wait until the FAA paid the City for this change order. Staff was unsure when these funds would be made available. Shortly after the approval of the 2023 fiscal year budget, the FAA funds were approved and received by the City. Discussion: Staff is recommending that the City Council approve of a Budget Amendment in the amount of $19,079 for Mead & Hunt Construction Administration Services Agreement. Recommended Action: Approve a Budget Amendment in the Amount of $19,076 for Mead & Hunt Construction Administration Services Agreement. BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: 77825200.80230.13044: $0 PROPOSED BUDGET AMOUNT: 77825200.80230.13044: $19,079 FINANCING SOURCE: FAA Grant funds PREVIOUS CONTRACT/PURCHASE ORDER NO.: 1920163 COORDINATED WITH: Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI): n/a CLIMATE INITIATIVES (CI): n/a Page 91 of 236 Page 2 of 2 Page 92 of 236 Page 1 of 2 Mead & Hunt | 1360 19th Hole Drive, Suite 200, Windsor, CA 95492-7717 | 707-526-5010 | meadhunt.com May 14, 2021 Greg Owen Airport Manager Ukiah Regional Airport 1403 South State Street Ukiah, CA 95482 Project: Runway 15-33 Reduce Width 75 Feet Standard FAA AIP No. 3-06-0268-015-2019 Subject: Amendment Request for Additional Construction Administration Services Hi Greg, Mead & Hunt, Inc. (Mead & Hunt) is requesting a contract amendment for the above-referenced project, contingent upon FAA approval, due to project delays caused by rain events, and the additional efforts required to keep the project moving to completion. Mead & Hunt was contracted by the City to perform construction administration services, which included providing a Resident Project Representative to monitor Contractor’s compliance with FAA grant assurances and standards. Typically, the actual timeline and rate of construction is determined by the Contractor as defined in his by means and methods, and as such Mead & Hunt responds with the time needed to maintain the level of service to keep the Airport in compliance with the FAA requirements. Consultant was required to perform additional efforts for the tasks as listed below, and as stated in the Contract with the City: 1.Additional daily activity reports. 2.Additional calculations to determine Contractor’s execution and progress of schedule. 3.Additional review of the Contractor’s character of workers, methods, and equipment. 4.Prepare additional weekly FAA reports. 5.Prepare additional reports for percentage of work complete. 6.Document additional errors and corrections. 7.Coordination with additional material acceptance testing. 8.Review Contractor’s compliance with the intent of the plans and specifications prepared for the project, in compliance with FAA Standards. Attachment 1 Page 93 of 236 Greg Owen Ukiah Regional Airport Runway 11-33 Amendment Request AIP 3-06-0268-015-2019 May 14, 2021 Page 2 of 2 Mead & Hunt | 1360 19th Hole Drive, Suite 200, Windsor, CA 95492-7717 | 707-526-5010 | meadhunt.com \\Corp.meadhunt.com\sharedfolders\entp\2112200\170216.01\CORR\wpc\MH UKI Amendment for Rwy 15-33 CA Additional Services.docx As a result, additional testing and inspection time was needed to address prevailing conditions. These additional project efforts were required in addressing the Contractor’s execution and progress of schedule due to re-evaluation of subgrade soils after rain events. Mead & Hunt continued to work to keep the project moving forward during the rain delays, as well as monitor the work performed to comply with FAA funding reimbursement eligibility. Mead & Hunt is requesting an amendment to our existing contract for this project in the amount of Nineteen Thousand Seventy-nine dollars ($19,079). Upon FAA approval of the grant amendment request, ($17,171 from the FAA and $1,908 in local funds), our total contract amount for this project will be $347,326.51 for construction administration and close out services. If accepted, these numbers will have to be reflected in your final SF 271 and 425 forms and included in the Final Closeout Report (FCR) prepared by Mead & Hunt. Respectfully, MEAD & HUNT, Inc. Robert A. Casagrande, Vice President Page 94 of 236 Page 95 of 236 Page 1 of 2 Agenda Item No: 8.c. MEETING DATE/TIME: 12/21/2022 ITEM NO: 2022-2281 AGENDA SUMMARY REPORT SUBJECT: Adoption of Resolution Approving Amendment to Standard Agreement 20-CDBG-CV2-3-00081 to Transfer Funds from Public Facility Improvement Project for Surge Capacity to Standard Agreement 20- CDBG-CV2-3-00097 Ukiah Valley Fire Authority Ambulance Purchase; and Approve Corresponding Budget Amendments if Standard Agreement Amendments are Approved by the California Department of Housing and Community Development (HCD). DEPARTMENT: Community Development PREPARED BY: Jim Robbins, Housing and Grants Manager PRESENTER: Craig Schlatter, Community Development Director ATTACHMENTS: 1. Resolution- Amendment to 20-CDBG-CV2-3-00081 Summary: Council will consider adopting a resolution approving an amendment to Standard Agreement 20- CDBG-CV2-3-00081 to transfer funds from Public Facility Improvement Project for Surge Capacity to Standard Agreement 20-CDBG-CV2-3-00097 Ukiah Valley Fire Authority Ambulance Purchase; and approve corresponding budget amendments if the standard agreement amendments are approved by California Department of Housing and Community Development (HCD). Background: On September 16, 2020, through adoption of Resolution No. 2020-53, Council approved an application to be submitted to the California Department of Housing and Community Development (HCD) in response to the State Community Development Block Grant Coronavirus Relief Round 1 (CDBG-CV1) Notice of Funding Availability. The project was to purchase and install a permanent generator for the Ukiah Valley Conference Center. HCD awarded $92,954 for the Activity and $15,803 for General Administration and assigned standard agreement No. 20-CDBG-CV1-00004. On February 3, 2021, through adoption of Resolution No. 2021-03, Council approved an application submitted to HCD for CDBG-CV2-3 (rounds 2 and 3) funding for the generator project. Through adoption of Resolution No. 2021-04, Council approved an amendment to 20-CDBG-CV1-00004 to add the additional CV2-3 funds to the same project. At the time the CDBG-CV1 and CDBG-CV2-3 applications were submitted, no funding had been identified for the generator installation at the Ukiah Valley Conference Center. Because of the delay of execution of standard agreements by HCD of nearly a year and a half, the City continued seeking other funding and was able to secure assistance from PG&E. The unexpected project assistance from PG&E eliminated the need for the second awarded CDBG-CV2-3 grant for the public facility improvement project, #20-CDBG-CV2-3-00081. However, the Ukiah Valley Fire Authority Ambulance Purchase is in need of additional grant funds, and can make good use of the $31,100 in project CV2-3-00081. Staff is working with the Department of Housing and Community Development (HCD) to transfer funding from project 00081 to 00097. At the time of preparation of this Staff Report, HCD had not yet made a decision on the City's transfer request. Discussion: Staff recommends that Council adopt the resolution in Attachment 1 approving an amendment to Standard Agreement 20-CDBG-CV2-3-00081 to transfer funds from Public Facility Improvement Project for Surge Capacity to Standard Agreement 20-CDBG-CV2-3-00097 Ukiah Valley Fire Authority Ambulance Purchase. Staff also requests that Council approve corresponding budget amendments if the standard Page 96 of 236 Page 2 of 2 agreement transfer amendments are approved by HCD. The budget amendments will involve simply reducing the budget in fund 730 (Conference Center) to fund 710 (Ambulance). Recommended Action: Adopt the resolution approving an amendment to Standard Agreement 20-CDBG- CV2-3-00081 to transfer funds from Public Facility Improvement Project for Surge Capacity to Standard Agreement 20-CDBG-CV2-3-00097 Ukiah Valley Fire Authority Ambulance Purchase; and approve corresponding budget amendments if the standard agreement amendments are approved by California Department of Housing and Community Development (HCD). BUDGET AMENDMENT REQUIRED: Yes (If approved by the state.) CURRENT BUDGET AMOUNT: 73000000.91611.18268: $27,891; 73022600.80100.18268: $27,891; 7100000.91611.18268: $0; 71021100.80100.18268: $0 PROPOSED BUDGET AMOUNT: 73000000.91611.18268: $0; 73022600.80100.18268: $0; 7100000.91611.18268: $27,891 ; 71021100.80100.18268: $27,891 FINANCING SOURCE: CDBG PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: DIVERSITY-EQUITY INITIATIVES (DEI): n/a CLIMATE INITIATIVES (CI): n/a Page 97 of 236 RESOLUTION NO. 2022-__ A RESOLUTION APPROVING AN AMENDMENT TO STANDARD AGREEMENT 20- CDBG-CV2-3-00081 TO TRANSFER FUNDS FROM PUBLIC FACILITY IMPROVEMENT PROJECT FOR SURGE CAPACITY TO STANDARD AGREEMENT 20-CDBG-CV2-3-00097 UKIAH VALLEY FIRE AUTHORITY AMBULANCE PURCHASE BE IT RESOLVED by the City Council of the City of Ukiah as follows: SECTION 1: The City Council has reviewed and hereby approves the submission to the State of California (“State”) of a request to transfer funds in Standard Agreement 20-CDBG- CV2-3-00081 from the Public Facility Improvement Project for Surge Capacity to Standard Agreement 20-CDBG-CV2-3-00097 Ukiah Valley Fire Authority Ambulance Purchase. Current 20-CDBG-CV2-3-00081 Activities Public Facility Improvement Project- Permanent Generator $ 27,891 General Administration $ 3,209 Amount of Funds to be transferred to 20-CDBG-CV2-3-00097 Ambulance Purchase Public Facility Improvement Project- Permanent Generator $ 27,891 General Administration- Permanent Generator $ 3,209 SECTION 2: The City has committed the use of Program Income for activities within its 2019-2020 CDBG Business Assistance application and its 2021 CDBG Housing Rehabilitation Program application and acknowledges no Program Income is authorized or approved for the 20-CDBG-CV2-3-00081 or 20-CDBG-CV2-3-0097 activities described in Section 1. SECTION 3: The City acknowledges compliance with all state and federal public participation requirements in the development of its application(s) for the 20-CDBG-CV2-3-00081 and 20-CDBG-CV2-3-0097 activities described in Section 1 above. SECTION 4: If an amendment to the Standard Agreement is approved as contemplated above, the City Manager is authorized to enter into, execute and deliver an amendment to the Standard Agreement(s) and any and all other documentation which may be required by the State from time to time for the purposes of this grant. SECTION 4: ATTACHMENT 1 Page 98 of 236 If an amendment is approved, the City Manager is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with this grant. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah held on December 21, 2022 by the following vote: AYES: NOES: ABSTAIN: ABSENT: __________________________________ Mari Rodin, Mayor Ukiah City Council STATE OF CALIFORNIA City of Ukiah ATTEST: I, Kristine Lawler, City Clerk of the City of Ukiah, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 21st day of December, 2022. Kristine Lawler, City Clerk of the City of Ukiah of the State of California By: _____________________________________ Page 99 of 236 Page 1 of 2 Agenda Item No: 8.d. MEETING DATE/TIME: 12/21/2022 ITEM NO: 2022-2282 AGENDA SUMMARY REPORT SUBJECT: Consideration of Approval of Scope of Work for Advance Planning Environmental Subconsultant Rincon to Prepare an Updated Demolition Ordinance; Approval of Contract Amendment with Mintier Harnish; and Approval of Corresponding Budget Amendment. DEPARTMENT: Community Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Consent Calendar ATTACHMENTS: 1. Demolition Ordinance Update Proposal_Rincon 2. C #1819190 draft amendment 4 Summary: Council will consider approving a scope of work for the advance planning environmental subconsultant Rincon to prepare an updated demolition ordinance for the City through an amendment to the contract with advance planning consultants Mintier Harnish. Council will also consider approving a corresponding budget amendment. Background: On May 20, 2020, Council adopted Resolution No. 2020-25, authorizing the submittal of an application to the California Department of Housing and Community Development (HCD) to pursue $65,000 in funding through the Local Early Action Planning (LEAP) grant program. Activities pursued by the City through LEAP were as follows: 1) update the City's Historic Structure Development Policy; 2) explore incentives to pursue parcel consolidation; and 3) develop an electronic permitting system plan. The full $65,000 was awarded to the City for the three activities on November 3, 2020. To pursue an update to the City's historic structure development policy, as contained within the City's Demolition Ordinance, Staff gathered input from local stakeholders on how to achieve a balanced updated Ordinance. From this feedback as well as recent experience related to a project reviewed under the City's existing Demolition Ordinance, Staff realized that an updated Ordinance must first meet California Environmental Quality Act (CEQA) Guidelines and Federal and State regulations related to historic preservation and avoiding impacts to historic resources. Given that Staff's in-house knowledge of creating CEQA-compliant historic preservation policies is limited, Staff requested a proposal for preparation of an update to the City's Demolition Ordinance from advanced planning environmental subconsultant Rincon. Rincon's Scope of Work is contained within Attachment 1. Discussion: Staff worked with Rincon in the preparation of the Environmental Impact Report (EIR) for the City's recently adopted 2040 General Plan and was impressed by the depth of knowledge and experience the consulting firm possessed, especially related to balancing historic preservation priorities with development interests such that potential conflict between the two is minimized. Rincon has experience preparing demolition ordinances and historic preservation policies for other cities that meet the requirements in CEQA Guidelines for avoiding impacts to historic structures and follow Federal and State guidelines and regulations for historic preservation. As the purpose of the update to the demolition ordinance is to preserve historic resources without unduly Page 100 of 236 Page 2 of 2 restricting commercial or residential development potential, it is Staff's opinion that Rincon possesses the experience to most effectively accomplish this undertaking. Although a budget amendment is requested by Staff, the entirety of Rincon's expenses will be paid for by the LEAP grant, so there is no net cost to the City. Staff recommends Council approve the scope of work in Attachment 1 and contract amendment within Attachment 2. If approved, the scope of work would become "Exhibit 1" of the contract amendment within Attachment 2. Recommended Action: Approve scope of work for Rincon to prepare an updated demolition ordinance, approve a contract amendment with Mintier Harnish, and approve a corresponding budget amendment. BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: 31523100.52100.18146: $21,525 PROPOSED BUDGET AMOUNT: 31523100.52100.18146: $36,365 FINANCING SOURCE: Local Early Action Planning (LEAP) grant PREVIOUS CONTRACT/PURCHASE ORDER NO.: COU No. 1819190 COORDINATED WITH: Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI): n/a CLIMATE INITIATIVES (CI): 5a – Update zoning ordinance. Page 101 of 236 Rincon Consultants, Inc. 449 15th Street, Suite 303 Oakland, C alifornia 94612 5 1 0 834 4455 info@rinconconsultants.com www.rinconconsultants.com E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s October 18, 2022 Project No: 22-13596 Craig Schlatter, Director City of Ukiah Department of Community Development 300 Seminary Avenue Ukiah, California 95482 Via email: cschlatter@cityofukiah.com Subject: Scope of Work and Cost Estimate to Prepare an Updated Demolition Ordinance for the City of Ukiah Dear Mr. Schlatter: Rincon Consultants, Inc. is pleased to submit this scope of work to prepare an updated Demolition Ordinance for the City of Ukiah. This proposal includes: (1) our understanding of the project; (2) our proposed work scope; and (3) our proposed schedule and cost for completion of the work program. Understanding of the Project Rincon understands that the City of Ukiah is seeking a comprehensive update to its Demolition Ordinance. The current demolition ordinance has not been updated in decades and does not adequately provide an efficient approach to the demolition process. Specifically, the current ordinance provides outdated and unreliable parameters for identifying potentially significant historic buildings and outlines a lengthy timeline for the demolition process. Due to these deficiencies, several projects have been significantly delayed. Rincon proposes to prepare an updated Demolition Ordinance which addresses these concerns and provides for a streamlined and thorough approval process. Scope of Work Rincon staff will work closely with the City of Ukiah staff on various solutions to update the demolition ordinance. The project team has worked on writing and updating ordinances with a variety of jurisdictions in California. We understand the need to deliver easy to interpret and implementable ordinance regulations based on the following scope of work: ▪Task 1. Project Management - This task will include Rincon internal team, budget, and schedule management; coordination with the City of Ukiah staff; and preparing monthly invoices and status reports. ▪Task 2. Kickoff Meeting – Rincon will conduct a kickoff meeting with the City of Ukiah staff to confirm the approach to the work program, finalize the scope of work, and discuss the schedule for the updated demolition ordinance. Rincon will coordinate with the City of Ukiah staff to collect any additional background information that may be needed for drafting the updated ordinance. ATTACHMENT 1 Page 102 of 236 City of Ukiah Proposal to Prepare an Updated Demolition Ordinance Page 2 Assumptions • Kickoff meeting will be virtual • City staff will coordinate attendance of the City of Ukiah members to attend • Kickoff meeting will be one hour long Deliverables • Agenda (digital - Word) ▪ Task 3. First Administrative Draft Demolition Ordinance Update – After the kickoff meeting, Rincon will prepare recommended revisions to certain provisions of the demolition regulations described in the project understanding section above. To address the identification and avoidance of potential historic buildings, Rincon will revise the evaluation criteria to generally follow Federal and State criteria and present reasonable avoidance measures that follow CEQA guidelines for avoiding impacts to historical resources. Timelines for approvals will also be reviewed and updated accordingly. Rincon will prepare an administrative draft ordinance for replacement of key portions of the City’s current demolition regulations for review by the City of Ukiah staff and the City Attorney. Assumptions • Rincon will conduct 1 round of revisions (see Task 4 below) • Rincon will respond to the City of Ukiah comments in a single, consolidated Word document in Tracked Changes format Deliverables • Administrative Draft Demolition Ordinance (digital – Word) ▪ Task 4. Second Administrative Draft Demolition Ordinance Update – Rincon will prepare a second administrative draft ordinance based on comments and input from the City of Ukiah staff and the City Attorney. It is assumed that this would be provided to the City of Ukiah in electronic (MS Word/PDF) format, with strike-through revisions. Assumptions • One round of revisions to the Second Administrative Draft Ordinance Deliverables • Second Administrative Draft Demolition Ordinance (digital – Word and PDF) ▪ Task 5. City Council Meeting Support – Rincon will assist the City of Ukiah staff in preparing for and presenting the updated draft Demolition Ordinance revisions to the City Council. This task includes preparation of a City Council staff report, draft ordinance, PowerPoint presentation, and virtual attendance at the City Council meeting to assist in presenting the revised ordinance and answering questions. Page 103 of 236 City of Ukiah Proposal to Prepare an Updated Demolition Ordinance Page 3 Assumptions • Rincon staff will attend one City Council meeting virtually Deliverables • Presentation (digital) Proposed Staff Jerry Hittleman, MURP, Senior Planner and Project Manager. Mr. Hittleman will manage the Demolition Ordinance update. Jerry has experience in urban planning and environmental consulting throughout California. Jerry held the City Planner position at the City of Oceanside and was a planner and environmental specialist at various public agencies and private firms prior to joining Rincon. Mr. Hittleman specializes in managing a variety long range and current planning projects, including but not limited to overseeing a team of planners in comprehensive and targeted zone code updates (including various cannabis ordinance updates), housing element updates, and entitlement review and processing of projects for a wide range of development projects. He is also integrally involved in Rincon’s contract planning practice. Shannon Carmack, Principal In Charge, Cultural Resources. Ms. Carmack has more than 20 years of professional experience providing cultural resources management and historic preservation planning for large-scale and high-profile projects. She has worked throughout California in numerous sectors including local planning, development/construction, public utilities, Department of Defense, transportation, recreation, and education. Ms. Carmack prepares documentation to satisfy CEQA/NEPA, Section 106, and Local Historic Preservation Ordinances. She also provides reports and studies that are in compliance with the SOI Standards and the California Historic Building Code. She has developed and implemented successful mitigation for countless projects that included Historic American Building Survey documentation, oral histories, and interpretive programs. Ms. Carmack meets and exceeds requirements in the Secretary of the Interior’s Professional Qualification Standards in Architectural History and History. Steven Treffers, Architectural History Program Manager. Mr. Treffers is a senior architectural historian and project manager with Rincon’s cultural resources group. With 11 years of professional experience and a master’s degree in historic preservation from the University of Southern California, School of Architecture, he exceeds the Secretary of the Interior’s Professional Qualification Standards for History and Architectural History. Mr. Treffers has extensive experience conducting historic resources evaluations to support compliance with CEQA, Section 106 of the NHPA, and local guidelines and regulations. He has worked on behalf of both project applicants and local agencies and understands the important role thorough and independent determinations play in the decision-making process. James Williams. Mr. Williams is an Architectural Historian with six years of professional experience who meets the Secretary of the Interior’s Professional Qualification Standards for Architectural History and History. His professional experience includes the preparation of historic resource assessments in support of NEPA, Section 106 of the NHPA, CEQA, and local historic preservation regulations. He has conducted historic surveys and archival research, recorded and evaluated historic properties on DPR 523 series forms, and prepared several Historic American Building Survey documentation packages on behalf of various municipal agencies. Page 104 of 236 City of Ukiah Proposal to Prepare an Updated Demolition Ordinance Page 4 Susan Hernandez, MURP. Ms. Hernandez is a Planner, will assist in preparing the staff report, resolution, and ordinance. Susan has a foundation in local government as a former planner for the City of Pico Rivera. She is a skilled Planner experienced in current and long range planning. With Rincon she has assisted with current planning projects such as development and entitlement processing. She has also assisted with a variety of long range projects such as housing element updates and zoning ordinance updates for various cities across California. Schedule Rincon’s proposed schedule for the updated Demolition Ordinance is presented below. The schedule presented below assumes time intervals for tasks managed by City staff, such as review of the draft ordinance and staff reports and provision of comments, which we understand may be subject to change based on City staff availability. Delays in completing tasks outside of Rincon’s control may result in at least day-for-day delays in the overall schedule. Task Duration of Task Total Time Elapsed Authorization to Proceed -- -- Kickoff Meeting 1 week 1 week Rincon Prepares First Administrative Draft Demolition Ordinance Update 3 weeks 4 weeks Ukiah Staff Review Draft Ordinance Update 2 weeks 6 weeks Rincon Prepares Second Administrative Draft Demolition Ordinance Update 2 weeks 8 weeks City Council Meeting 3 weeks 11 weeks Cost Estimate Our proposed cost to prepare the draft Demolition Ordinance Update, consistent with our scope of work detailed above, is $14,840. A breakdown of cost per task is provided at the end of this proposal. Payment will be due monthly, and the cost estimate will not be exceeded without prior written authorization from the City of Ukiah. Costs will be charged on a time and materials basis, commensurate with work completed, in accordance with our existing Agreement for Professional Services with the City of Ukiah. If Rincon does not need all the time that has been budgeted, we will only bill for the time spent completing the work. Page 105 of 236 City of Ukiah Proposal to Prepare an Updated Demolition Ordinance Page 5 Thank you for your consideration of Rincon Consultants for this project. We look forward to the opportunity to work with you, and if you have questions regarding this submittal, please do not hesitate to contact us via email or call Jerry Hittleman at (805) 395-4703 or Shannon Carmack at (562) 676-5485. Sincerely, Rincon Consultants, Inc. Jerry Hittleman, MURP Shannon Carmack Senior Planner Principal, Cultural Resources 22-13596 Ukiah Demolition Ordinance Update Rate Hours Labor Budget Total Budget Demolition Ordinance Update 77.00 14,840.00 14,840.00 Task 1: Project Management 6.00 1,018.00 1,018.00 Task 2: Kickoff Meeting 5.00 1,018.00 1,018.00 Task 3: First Admnistrative Draft Ordinance 45.00 8,457.00 8,457.00 Task 4: Second Administrative Draft Ordinance 15.00 2,849.00 2,849.00 Task 5: City Council Meeting 6.00 1,498.00 1,498.00 Project Total 77.00 14,840.00 14,840.00 RINCON CONSULTANTS, INC. 22-13596 Ukiah Demolition Ordinance Update Cost Estimate Page 106 of 236 CITY OF UKIAH AMENDMENT 4 TO CONTRACT #1819190 – PROFESSIONAL PLANNING SERVICES FOR A GENERAL PLAN UPDATE, ENVIRONMENTAL IMPACT REPORT, AND OTHER RELATED ADVANCED PLANNING SERVICES This Amendment No. 4, entered on December 21, 2022, revises the Agreement for Professional services dated March 21, 2019 between the City of Ukiah and Mintier Harnish for consulting services related to professional planning services for a General Plan Update, Environmental Impact Report, and other related advanced planning services. This Amendment No. 4, as per Exhibit 1: 1)Amends the Scope of Services to include an update to the City’s Demolition Ordinance in accordance with CEQA Guidelines and Federal and State Historic Preservation regulations. 2)Adds an additional dollar amount of $14,840, for a revised total contract amount of $592,675. Except as expressly amended by this Amendment, all other terms remain unchanged and in full force and effect. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT ON THE EFFECTIVE DATE: MINTIER HARNISH BY: DATE: JIM HARNISH, JD CITY OF UKIAH BY: DATE: SAGE SANGIACOMO, CITY MANAGER ATTEST BY: DATE: KRISTINE LAWLER, CITY CLERK ATTACHMENT 2 Page 107 of 236 Page 1 of 2 Agenda Item No: 8.e. MEETING DATE/TIME: 12/21/2022 ITEM NO: 2022-2285 AGENDA SUMMARY REPORT SUBJECT: Approval of Notice of Completion for Wipf Construction for the Trench Work at the Ukiah Valley Conference Center, Specification 22-08, and Direct the City Clerk to File the Notice of Completion with the County Recorder. DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Mary Horger, Financial Services Manager ATTACHMENTS: 1. Spec 22-08 Trench Work at the UVCC 2. Bid Results - Trench Work at the UVCC 3. Notice of Completion Spec 22-08 Summary: Council will consider approving the Notice of Completion for Wipf Construction LLC for the Trench Work at the Ukiah Valley Conference Center, Specification 22-08, and direct the City Clerk to file the notice with the County Recorder. Background: In July, a Request for Bid was released for all necessary labor, materials and equipment to excavate a trench and install conduit as per Specification 22-08 (Attachment 1) in preparation for the installation of a generator unit at the Ukiah Valley Conference Center. Three bids were received, with Wipf Construction being the lowest responsible bidder with a bid submitted in the amount of $16,240. Please see Attachment 2 for a copy of the bid tabulation. The contract was then subsequently awarded to Wipf Construction. This project was funded by Community Development Block Grant 20-CDBG-CV1-00004. Discussion: The project has been completed in conformance with the plans and specifications, with no change orders issued. Final payment of the retention will be made to the contractor after 35 days from the date the Notice of Completion (Attachment 3) is filed with the County Recorder. Recommended Action: Approve the Notice of Completion for Wipf Construction LLC for the Trench Work at the Ukiah Valley Conference Center, and direct the City Clerk to file the notice with the County Recorder. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: Community Development Block Grant Funding PREVIOUS CONTRACT/PURCHASE ORDER NO.: Contract 2223-094 COORDINATED WITH: Community Development Department DIVERSITY-EQUITY INITIATIVES (DEI): N/A CLIMATE INITIATIVES (CI): N/A Page 108 of 236 Page 2 of 2 Page 109 of 236 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA SPECIAL PROVISIONS FOR TRENCH WORK AT THE UVCC SPECIFICATION NO. 22-08 CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482-5400 Bids Open: July 28, 2022 2:00 p.m. Office of City Clerk ATTACHMENT 1 Page 110 of 236 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA CITY COUNCIL: JIM BROWN – MAYOR JOSEFINA DUEÑAS – VICE-MAYOR MARI RODIN – COUNCIL MEMBER JUAN OROZCO – COUNCIL MEMBER DOUGLAS CRANE – COUNCIL MEMBER SAGE SANGIACOMO – CITY MANAGER CRAIG SCHLATTER – DIRECTOR OF COMMUNITY DEVELOPMENT MARY HORGER – FINANCIAL SERVICES MANAGER KRISTINE LAWLER – CITY CLERK R. ALLEN CARTER - CITY TREASURER CITY OF UKIAH JULY 2022 Page 111 of 236 TRENCH WORK AT THE UVCC iii Spec No. 22-08 TABLE OF CONTENTS PAGE NOTICE TO BIDDERS INSTRUCTIONS TO BIDDERS ...................................................................................................................... 1 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS .............................................. 3 1-01. Definitions 1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal 1-04. Withdrawal of Bids 1-05. Public Opening of Bids 1-06. Bid Guaranty 1-07. Qualification of Bidders 1-08. Disqualification of Bidders 1-09. Identification of Subcontractors 1-10. General Provisions of the Standard Specifications 1-11. Addenda SECTION 2. AWARD AND EXECUTION OF CONTRACT ........................................................................... 5 2-01. Award of Contract 2-02. Return of Proposal Guaranties 2-03. Execution of Contract SECTION 3. SCOPE AND INTENT OF CONTRACT .................................................................................... 5 3-01. Effect of Inspection and Payments 3-02. Effect of Extension of Time 3-03. Extra Work 3-04. Assignment of Contract 3-05. Subcontractors 3-06. Interpretation of Special Provisions and Drawings 3-07. Addenda 3-08. Liability of City Officials 3-09. Dispute Resolution SECTION 4. BONDS...................................................................................................................................... 6 4-01. Faithful Performance Bond 4-02. Material and Labor Bond 4-03. Defective Material and Workmanship Bond 4-04. Notification of Surety Companies SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ......................................................... 7 5-01. Minimum Scope of Insurance 5-02. Minimum Limits of Insurance 5-03. Deductibles and Self-Insured Retentions 5-04. Other Insurance Provisions 5-05. Acceptability of Insurers 5-06. Verification of Coverage Page 112 of 236 TRENCH WORK AT THE UVCC iv Spec No. 22-08 5-07. Subcontractors SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ......................................................... 8 6-01. Legal Address of Contractor 6-02. Office of Contractor at Site 6-03. Attention to Work 6-04. Liability of Contractor 6-05. Protection of Persons and Property 6-06. Protection of City Against Patent Claims 6-07. Protection of Contractor's Work Property 6-08. Regulations and Permits 6-09. Construction Utilities 6-10. Approval of Contractor's Plans 6-11. Suggestions to the Contractor 6-12. Termination of Unsatisfactory Subcontracts 6-13. Preservation of Stakes and Marks 6-14. Assistance to Engineer 6-15. Removal of Condemned Materials and Structures 6-16. Proof of Compliance with Contract 6-17. Errors and Omissions 6-18. Cooperation 6-19. Right of Contractor to Stop Work 6-20. Hiring and Dismissal of Employees 6-21. Wage Rates 6-22. Cleaning Up 6-23. Guaranty SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ........................................................................ 13 7-01. Authority of the Engineer 7-02. Inspection 7-03. Surveys 7-04. Rights-of-Way 7-05. Retention of Imperfect Work 7-06. Changes in the Work 7-07. Additional Drawings by City 7-08. Additional and Emergency Protection 7-09. Suspension of Work 7-10. Right of City to Terminate Contract 7-11. Use of Completed Portions SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT .............................................................. 15 8-01. General Quality 8-02. Quality in Absence of Detailed Specifications 8-03. Materials and Equipment Specified by Name 8-04. Source of Materials 8-05. Storage of Materials 8-06. Drawings, Samples and Tests SECTION 9. PROSECUTION OF WORK .................................................................................................... 16 9-01. Equipment and Methods 9-02. Time of Completion 9-03. Avoidable Delays 9-04. Unavoidable Delays Page 113 of 236 TRENCH WORK AT THE UVCC v Spec No. 22-08 9-05. Notice of Delays 9-06. Extension of Time 9-07. Unfavorable Weather and Other Conditions 9-08. Saturday, Sunday, Holiday and Night Work 9-09. Hours of Labor SECTION 10. PAYMENT ............................................................................................................................. 17 10-01. Certification by Engineer 10-02. Progress Estimates and Payment 10-03. Substitution of Securities 10-04. Acceptance 10-05. Final Estimate and Payment 10-06. Delay Payments 10-07. Extra Work and Work Omitted 10-08. Compensation for Extra Work or Work Omitted 10-09. Compensation to the City for Extension of Time 10-10. Liquidated Damages for Delay SECTION 11. MISCELLANEOUS ............................................................................................................... 20 11-01. Notice 11-02. Computation of Time 11-03 Claims Procedure Required by Public Contract Code Section 9204 11-04. Litigation and Forum Selection 11-05. Waiver TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION .................................................................................................. 24 12-01. Location and Scope of Work 12-02. Arrangement of Technical Specifications 12-03. Arrangement of Plans 12-04. Business Licenses 12-05. Permits 12-06. Standard Specifications and Standard Plans 12-07. Temporary Facilities 12-08. Public Convenience and Safety 12-09. Maintaining Traffic 12-10. Stream Pollution 12-11. Warranties 12-12. Utilities 12-13. Preconstruction Conference 12-14. Safety Requirements SECTION 13. CONSTRUCTION DETAILS ................................................................................................. 26 13-01. Scope of Work SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ................................................................. 26 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 26 15-01. Provisions of General Conditions to be Amended Page 114 of 236 TRENCH WORK AT THE UVCC vi Spec No. 22-08 CERTIFICATES AND DOCUMENTS BID SUBMITTAL CHECKLIST ...................................................................................................................... 27 PROPOSAL ............................................................................................................................................. 28 BIDDING SCHEDULE ................................................................................................................................... 29 FAIR EMPLOYMENT PRACTICES CERTIFICATION .................................................................................. 31 WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 32 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................... 33 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 34 STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 35 SIGNATURE OF BIDDER ............................................................................................................................. 36 BIDDER'S BOND .......................................................................................................................................... 37 NON-COLLUSION AFFIDAVIT ..................................................................................................................... 38 AGREEMENT ............................................................................................................................................. 39 INDEMNIFICATION AGREEMENT ............................................................................................................... 43 EXAMPLE BOND FORMS ............................................................................................................................ 44 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............. 49 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................. 50 INSURANCE CERTIFICATES AND ENDORSEMENT FORMS APPENDICES: ATTACHMENT 1 – FORM HUD 4010 – FEDERAL LABOR STANDARDS PROVISIONS ATTACHMENT 2 – FORM 5369-A – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS ATTACHMENT 3 – WAGE DETERMINATIONS ATTACHMENT 4 – FORM 2530 – PREVIOUS PARTICIPATION AGREEMENT DRAWING 22422 – TRENCH DETAIL DRAWING 101 – SCORE MARK DETAILS FOR SIDEWALK, CURB, CURB & GUTTER DRAWING 102 – SIDEWALK, CURB AND GUTTER, AND DRIVEWAY APPROACH DETAILS Page 115 of 236 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA NOTICE TO BIDDERS FOR TRENCH WORK AT THE UVCC, SPECIFICATION NO. 22-08 NOTICE IS HEREBY GIVEN that sealed standard proposals for TRENCH WORK AT THE UVCC, SPEC 22-08 will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on July 28, 2022. Bids shall be addressed to the City Clerk and shall be endorsed “TRENCH WORK AT THE UVCC." Bids are required for the entire work described herein. No fax bids will be accepted. As soon thereafter as possible, the bids will be publicly opened and read in the Council Chambers at 300 Seminary Avenue, Ukiah. The bid opening will also be visible via live streaming at http://www.cityofukiah.com/meetings/. SCOPE OF WORK: Provide all labor, materials and equipment for the excavation of trench and installation of conduit in preparation of the installation of a generator at the Ukiah Valley Conference Center. NOTE: This is a project funded by the California Department of Housing and Community Development non- entitlement Community Development Block Grant program, which is a State-administered Federal funding source. Contract requirements, representations, and certifications are added in Section 15-01 of the General Provisions as Attachments 1 thru 4. Plans and Special Provisions may be inspected and/or copies obtained from the City’s website at www.cityofukiah.com/purchasing. No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law. Further information regarding the work or these specifications can be obtained by calling Mary Horger, Financial Services Manager at (707) 463-6233 or by email at mhorger@cityofukiah.com. The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid by a responsible bidder and which it deems in the best interest of the City to accept. The City Council also reserves the right, but not the obligation, to waive any irregularity or failure to strictly comply with the bidding requirements, that the City determines in the reasonable exercise of its discretion does not provide the bidder with a competitive advantage over other bidders. No contractor or subcontractor may be listed on a bid proposal for a public works unless registered with the Department of Industrial Relations (“DIR”) pursuant to Labor Code section 1725.5 except as allowed. under Labor Code section 1771.1(a). The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the DIR. Minimum Wage: All labor on this Project shall be paid not less than the greater of the minimum wage rates established by the U.S. Secretary of Labor (Federal Wage Rates), or by the State of California’s Director of Department of Industrial Relations (State Wage Rates). Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the DIR Director has ascertained the general prevailing rate of wages for straight time, overtime, Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes for the City of Ukiah. Copies of his General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD/ The prime contractor for the work herein shall possess a current, valid State of California, Class A, B or Class C10 Contractor's License. Pursuant to California Public Contract Code §22300, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract. Attention is called to the fact that not less than the prevailing rate of per diem wages as determined by either the Director of Industrial Relations (Labor Code Sec. 1770 et seq.) or by the U.S. Department of Labor, Davis-Bacon Act. 42 U.S.C. Sec. 286(a), whichever of the two is higher must be paid on this project. Any prospective bidder desiring an explanation or interpretation of the solicitation, specifications, drawings, etc., must request it at least 7 days before the schedule time for bid opening. More information regarding this is provided for in the Special Provisions, Instructions to Bidders, Page 2. By order of the City Council, City of Ukiah, County of Mendocino, State of California. Dated:________________________ ________________________________________ Kristine Lawler, City Clerk, City of Ukiah, California PUBLISH ONE TIME: July 13, 2022 7/6/2022 Page 116 of 236 TRENCH WORK AT THE UVCC 1 Spec. No. 22-08 INSTRUCTIONS TO BIDDERS TRENCH WORK AT THE UVCC shall be performed in accordance with the Plans and Special Provisions therefor adopted, to which special reference is hereby made. Each bidder must supply all the information required by the bid documents and Special Provisions. Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award of any contract entered into pursuant to this advertisement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for the employment of minorities. All proposals or bids shall be accompanied by a cashier's check or certified check payable to the order of the City of Ukiah amounting to 10 percent of the bid, or by a bond in said amount and signed by the bidder and a corporate surety, payable to said City. Said check shall be forfeited, or said bond shall become payable to said City in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him: (a) enter into a contract with the City and (b) furnish certificates of insurance and endorsements, a bond of faithful performance and a payment bond as described in the Special Provisions. No bidder shall withdraw his or her bid for a period of thirty (30) calendar days after the date set by the City for the opening thereof. The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start of any work. The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as scheduled. The work is to be completed within fourteen (14) calendar days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed. The staff shall notify a bidder by telephone, email or fax, if it intends to recommend the rejection of the bidder’s bid. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening, or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest. All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest. Examination of Site, Drawings, Etc. Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise. Page 117 of 236 TRENCH WORK AT THE UVCC 2 Spec. No. 22-08 The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. Any bid shall take into consideration that conditions may exist underground or otherwise that are not known to the City or easily detected during a site inspection that could impact the time or cost of completing the project. The City expects the bids to anticipate such conditions so that it can know for budgeting and other purposes the total cost to complete the project before accepting a bid and undertaking the legal obligation to construct the project. In awarding the contract the City relies on the contractor’s representation that its bid anticipates differing site conditions and the additional time or cost that such conditions may necessitate. The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract. Bidder Inquiries and Questions Inquiries and questions must be submitted in writing via fax or email to the following designated contact person: Mary Horger, Financial Services Manager Fax: (707) 313-3621 Email: mhorger@cityofukiah.com Any prospective Bidder desiring an explanation or interpretation of the solicitation, specifications, drawings, etc., must request it at least 7 days before the scheduled time for Bid opening. Requests may be oral or written. Oral requests must be confirmed in writing. The only oral clarifications that will be provided will be those clearly related to solicitation procedures, i.e., not substantive technical information. No other oral explanation or interpretation will be provided. Any information given a prospective Bidder concerning this solicitation will be furnished promptly to all other prospective Bidders as a written amendment to the solicitation, if that information is necessary in submitting Bids, or if the lack of it would be prejudicial to other prospective Bidders. Any information obtained by, or provided to, a Bidder other than by formal amendment to the solicitation shall not constitute a change to the solicitation. Location of the Work All of the work to be performed is within the City of Ukiah. Project is located at the Ukiah Valley Conference Center, 200 South School Street, Ukiah California 95482. Page 118 of 236 TRENCH WORK AT THE UVCC 3 Spec. No. 22-08 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given: a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain. b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them. c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives. e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise. Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise. As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved. 1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her Page 119 of 236 TRENCH WORK AT THE UVCC 4 Spec. No. 22-08 business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation. Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid. 1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed. In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following) and shall set forth: (a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid. (b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. Page 120 of 236 TRENCH WORK AT THE UVCC 5 Spec. No. 22-08 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions. 1-11. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. SECTION 2. AWARD AND EXECUTION OF CONTRACT 2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost. 2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned upon request to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City. SECTION 3. SCOPE AND INTENT OF CONTRACT 3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative. 3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgement of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract. 3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors. Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract. Page 121 of 236 TRENCH WORK AT THE UVCC 6 Spec. No. 22-08 3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans. 3-07. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. 3-08. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-09. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6. SECTION 4. BONDS 4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement. 4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made. 4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract. Page 122 of 236 TRENCH WORK AT THE UVCC 7 Spec. No. 22-08 SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS (WITH CONSTRUCTION RISKS) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 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: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage. 4. Course of Construction: Completed value of the project with no co-insurance penalty provisions. 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. 2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. Page 123 of 236 TRENCH WORK AT THE UVCC 8 Spec. No. 22-08 3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code. 6. Course of Construction policies shall contain the following provisions: a.) The City shall be named as loss payee. b.) The insurer shall waive all rights of subrogation against the City. 5-05. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following: A++ VII A- VIII A+ VII B++ X A VII B+ X 5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR 6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally. 6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Page 124 of 236 TRENCH WORK AT THE UVCC 9 Spec. No. 22-08 Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative. 6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation. The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision. Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence. The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property. All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes. Page 125 of 236 TRENCH WORK AT THE UVCC 10 Spec. No. 22-08 Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made. 6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor. 6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. 6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. 6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved. 6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof. 6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer. 6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor’s attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be Page 126 of 236 TRENCH WORK AT THE UVCC 11 Spec. No. 22-08 made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor. 6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk. 6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands. Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer. (1) If the work is stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him. (2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract. (3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City. All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately from the work and shall not be re-employed upon it except with the consent of the Engineer. Page 127 of 236 TRENCH WORK AT THE UVCC 12 Spec. No. 22-08 6-21. Wage Rates. 1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. 2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 (or the higher minimum penalty as provided in Section 1775(B)(ii) – (iii)) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers. 4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Contractor. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 5. The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE. Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE. 6. Travel and Subsistence Payments. Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968). 7. Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal. Page 128 of 236 TRENCH WORK AT THE UVCC 13 Spec. No. 22-08 On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition. 6-23. Guaranty. All work shall be guarantied for a period of one year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment. The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof. Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work. SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY 7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer. 7-02. Inspection. The City will provide engineering personnel for the inspection of the work. The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re- examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost. Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements. Page 129 of 236 TRENCH WORK AT THE UVCC 14 Spec. No. 22-08 7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable. 7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction. However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a supplementary agreement to be made therefore. The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions. Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings. 7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate. The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to become due the Contractor. The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer. 7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension. Page 130 of 236 TRENCH WORK AT THE UVCC 15 Spec. No. 22-08 If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. 7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer. 7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine. SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT 8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved. Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. 8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Page 131 of 236 TRENCH WORK AT THE UVCC 16 Spec. No. 22-08 Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer. When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources. All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material. SECTION 9. PROSECUTION OF WORK 9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods. 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith. 9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified. 9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or she could not have provided against by the exercise of care, prudence, foresight and diligence. Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that Page 132 of 236 TRENCH WORK AT THE UVCC 17 Spec. No. 22-08 the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby. 9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays. Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order. 9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them. The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer. It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work. 9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof. SECTION 10. PAYMENT 10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. Page 133 of 236 TRENCH WORK AT THE UVCC 18 Spec. No. 22-08 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month. The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored. The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work satisfactorily performed and complete in place. 10-03. Substitution of Securities. 1. At such times that Pubic Contract Code Section 22300 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract. Market value shall be determined as of the day prior to the date such substitution is to take place. Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types: (a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States. (c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest. (d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better. (e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation. (f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation. (g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association. Page 134 of 236 TRENCH WORK AT THE UVCC 19 Spec. No. 22-08 (i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2). (k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico. (l) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service. 2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract. The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent. 3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash. 10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council. 10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof. Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe. In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder. 10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate. Page 135 of 236 TRENCH WORK AT THE UVCC 20 Spec. No. 22-08 The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted". When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses. All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work. When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.03 D,"Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications. This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges. 10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar day's delay beyond the time prescribed. SECTION 11. MISCELLANEOUS 11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, Page 136 of 236 TRENCH WORK AT THE UVCC 21 Spec. No. 22-08 to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt. 11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. 11-03. Claims Procedure Required by Public Contract Code Section 9204. This section shall apply to any claim by the Contractor arising in connection with this project in accordance with Public Contract Code Section 9204. a, For purposes of this section "Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under this contract. (B) Payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to this contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled. (C) Payment of an amount that is disputed by the City. b. (1) (A) Upon receipt of a claim pursuant to this section, the City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and the contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The Contractor shall furnish reasonable documentation to support the claim. (C) If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) 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 City fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the Contractor disputes the City's written response, or if the City fails to respond to a claim issued pursuant to this section 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. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the 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 Page 137 of 236 TRENCH WORK AT THE UVCC 22 Spec. No. 22-08 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 outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to in writing by the City and the Contractor, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (3) Failure by the City to respond to a claim from the Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the Contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. c. A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. 11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion Page 138 of 236 TRENCH WORK AT THE UVCC 23 Spec. No. 22-08 of this contract. The City disclaims an express or implied warranty that the plans and specifications identify all site conditions that could affect the time or cost to complete the Work. 11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach. (Remainder of Page Left Intentionally Blank) Page 139 of 236 TRENCH WORK AT THE UVCC 24 Spec. No. 22-08 TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION 12-01. Location and Scope of Work. All of the work to be performed is within the City of Ukiah and consists of Trench Work at the Ukiah Valley Conference Center. General locations of the work are at 200 South School Street, Ukiah California 95482. 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. 12-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows: Section No. Title 12 General Information 13 Construction Details 14 Exclusions from General Conditions 15 Amendments to General Conditions 12-03. Arrangement of Plans. General locations and linear quantities of the work are shown in Appendix "A". A map will be provided to the successful bidder showing the exact locations of the work to be done. 12-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. 12-06. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, 2018, are hereby made a part of these Special Provisions and are hereinafter referred to as "California Standard Specifications" and "California Standard Plans." Whenever in the California Standard Specifications and the California Standard Plans the following terms are used, they shall be understood to mean and refer to the following: Department of Transportation - The City Council. Director of Public Works - The City of Ukiah Director of Public Works. Engineer - The Engineer, designated by the City Council, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the contract. State - The City of Ukiah Other terms appearing in the California Standard Specifications and the California Standard Plans shall have the intent and meaning specified in Section I, Definition of Terms of the California Standard Specifications. In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as follows: 1. (City) Special Provisions Page 140 of 236 TRENCH WORK AT THE UVCC 25 Spec. No. 22-08 2. (City) Project Plans 3. City Standard Plans and Details 4. California Standard Plans 5. California Standard Specifications 12-07. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work. 12-08. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. 12-09. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," 7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications. Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items of work and no additional compensation will be made. 12.10. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. 12-12. Utilities. No water, sewer or electrical services will be provided by the owner. It is the Contractor's sole responsibility to arrange such services as necessary. 12-13. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents. 12-14. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project. Page 141 of 236 TRENCH WORK AT THE UVCC 26 Spec. No. 22-08 SECTION 13 - CONSTRUCTION DETAILS 13-01. Scope of work. Saw cut sidewalk and AC pavement to facilitate trench. Excavate trench approximately 2 feet wide 56 inches deep and approximately 20 to 25 feet long from generator pad to electrical room in building. Exact locations to be determined in the field. Install in trench two 3-inch conduits and one 1-inch conduit from project area A to project area B. Exact locations to be determined in the field. Backfill and compact per local requirements, install new AC patch over trench at parking lot and pour new concrete sidewalk where removed and finish per City standard. Please refer to attac hed Drawing 22422 for details. Concrete pad to be done by others. SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS 14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions: (1) Section 6-02. Office at the Site (2) Section 7-03. Surveys No other exclusions. SECTION 15. AMENDMENTS TO GENERAL CONDITIONS 15-01. Sections of General Conditions to be Amended. The following designated sections of the Special Provisions are hereby amended to read as follows: This project is funded by a Community Development Block Grant (CDBG), which is a federal funding source. Refer to the following that are added and made part of the General Conditions: Attachment 1 – HUD 4010 – Federal Labor Standards Provisions Attachment 2 – Form 5369-A – Representations, Certifications and Other Statements of Bidders (this will be required to be filled out and returned with the other bid documents). Attachment 3 – Wage Determinations Attachment 4 – 2530 – Previous Participation Agreement Page 142 of 236 TRENCH WORK AT THE UVCC 27 Spec. No. 22-08 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 28)  Unit prices filled out clearly.  Extended prices filled out clearly and calculated correctly  Total bid amount filled out clearly and calculated correctly  Sign the proposal, and provide complete information  CLSB No. and expiration date  Department of Industrial Relations Public Works Contractor Registration Number o Fair Employment Practices Certification (Page 31)  Filled out completely per instruction o Worker’s Compensation Certificate (Page 32)  Filled out completely per instruction o Certification of Non-Discrimination in Employment (Page 33)  Filled out completely per instruction o List of Proposed Subcontractors (Page 34)  Filled out completely per instruction o Statement of Experience (Page 35) o Signature of Bidder (Page 36)  Filled out completely per instruction  Authorized signature provided o Bidder’s Bond (Page 37)  Filled out completely per instruction o Non-Collusion Affidavit (Page 38)  Filled out completely per instruction  Notarized o Attachment 2 – 5369-A – Representations, Certifications, and Other Statements of Bidders.  Filled out completely per instruction o Attachment 4 – Previous Participation Certificate (only applicable to construction and equipment contracts exceeding $50,000).  Filled out completely per instruction o Addenda Issued  Check the City website for any addenda issued: www.cityofukiah.com/purchasing. Page 143 of 236 TRENCH WORK AT THE UVCC 28 Spec. No. 22-08 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR TRENCH WORK AT THE UVCC Specification No. 22-08 The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials; c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) to pay all charges of freight transportation and hauling; 2) that he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and 3) that he or she will accept as full payment therefor the following sums: Page 144 of 236 TRENCH WORK AT THE UVCC 29 Spec. No. 22-08 BIDDING SCHEDULE In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following: 1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price; 2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each bidder. The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Construction Documents, including all elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated. Lowest bid will be based on the lowest Base Bid. Page 145 of 236 TRENCH WORK AT THE UVCC 30 Spec. No. 22-08 NAME OF BIDDER: SPEC #: 22-08 PROJECT NAME: TRENCH WORK AT THE UVCC ITEM# DESCRIPTION UNIT OF MEASURE QUANTITY PRICE IN FIGURES 1 All labor, materials and equipment to excavate a trench and install conduit as per these specifications. Lump Sum 1 $_______________ TOTAL BID IN WORDS==>>________________________________________________________ We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of ___________________, 20____. Licensed in accordance with an act providing for the registration of California Contractors License No. ___________, expiration date _____________. THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Department of Industrial Relations Public Works Contractor Registration Number: _____________________ Signature of bidder or bidders, with business name, address, phone number and fax number: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Page 146 of 236 TRENCH WORK AT THE UVCC 31 Spec. No. 22-08 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. TRENCH WORK AT THE UVCC, SPEC. NO. 22-08 ________________________________________________________________ (Signature of Bidder) Business Mailing Address: _________________________________________________ _________________________________________________ _________________________________________________ Business Location: _________________________________________________ _________________________________________________ (The bidder shall execute the certification of this page prior to submitting his or her proposal.) Page 147 of 236 TRENCH WORK AT THE UVCC 32 Spec. No. 22-08 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 148 of 236 TRENCH WORK AT THE UVCC 33 Spec. No. 22-08 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 149 of 236 TRENCH WORK AT THE UVCC 34 Spec. No. 22-08 LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1- 09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number. SUBCONTRACTOR NAME SUBCONTRACTOR LICENSE NUMBER SUBCONTRACTOR DIR REGISTRATION NUMBER SUBCONTRACTOR BUSINESS ADDRESS DESCRIPTION OF WORK Page 150 of 236 TRENCH WORK AT THE UVCC 35 Spec. No. 22-08 STATEMENT OF EXPERIENCE OF BIDDER The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Page 151 of 236 TRENCH WORK AT THE UVCC 36 Spec. No. 22-08 SIGNATURE(S) OF BIDDER Accompanying this proposal is ___________________________________ (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Licensed in accordance with an act providing for the registration of Contractors: License No. ______________________________, License Expiration Date . Signature(s) of Bidder: ______________________________________________ ______________________________________________ ______________________________________________ NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: ___________________________________________________ ___________________________________________________ Place of residence: ___________________________________________________ ___________________________________________________ Dated: __________________ Page 152 of 236 TRENCH WORK AT THE UVCC 37 Spec. No. 22-08 CITY OF UKIAH Mendocino County, California BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, ______________________________________________________________ ________________________________________________________________, as PRINCIPAL and ________________________________________________________________ ________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $____________________ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on July 28, 2022 for TRENCH WORK AT THE UVCC, SPEC. 22-08. NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of ________________, A.D. 20_____. __________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Principal __________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Surety Address: __________________________________________________________ __________________________________________________________ __________________________________________________________ Page 153 of 236 TRENCH WORK AT THE UVCC 38 Spec. No. 22-08 NON-COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid. To City Council, City of Ukiah: The undersigned in submitting a bid for performing TRENCH WORK AT THE UVCC, SPEC 22-08 by contract, being duly sworn, deposes and says: that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. __________________________________________________ __________________________________________________ __________________________________________________ Signature(s) of Bidder Business Address: __________________________________________________ __________________________________________________ __________________________________________________ Place of Residence: __________________________________________________ __________________________________________________ __________________________________________________ NOTARIZATION Subscribed and sworn to before me this ______ day of _________, 20____. __________________________________________________ Notary Public in and for the County of______________________________, State of California. My Commission Expires ________________________, 20 ____. Page 154 of 236 TRENCH WORK AT THE UVCC 39 Spec. No. 22-08 CITY OF UKIAH Mendocino County, California AGREEMENT FOR TRENCH WORK AT THE UVCC Specification No. 22-08 THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor, WITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within fourteen (14) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer Page 155 of 236 TRENCH WORK AT THE UVCC 40 Spec. No. 22-08 Article II. Contract Prices. That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City. Article III. Labor Discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor. The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Page 156 of 236 TRENCH WORK AT THE UVCC 41 Spec. No. 22-08 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. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. Page 157 of 236 TRENCH WORK AT THE UVCC 42 Spec. No. 22-08 Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this _____ day of _____________, 20____. CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: ______________________________________________________________ CITY MANAGER, CITY OF UKIAH Attest: ______________________________________________________________ CITY CLERK, CITY OF UKIAH By: ______________________________________________________________ CONTRACTOR Attest: ______________________________________________________________ Title: ______________________________________________________________ The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____. __________________________________________________ CITY ATTORNEY, CITY OF UKIAH Page 158 of 236 TRENCH WORK AT THE UVCC 43 Spec. No. 22-08 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____, by and between the City of Ukiah (Ukiah) and ______________________________________ (Contractor). Contractor is _________________________________________________________________________________ ___________________________________________ for Ukiah. As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor’s negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. CONTRACTOR BY: _______________________________________________ TITLE: _______________________________________________ Page 159 of 236 TRENCH WORK AT THE UVCC 44 Spec. No. 22-08 CITY OF UKIAH Mendocino County, California PERFORMANCE BOND BOND No._____________________ KNOW ALL PERSONS BY THESE PREESNTS: THAT WHEREAS, the City of Ukiah, organized and operating under the laws of the State of California, (hereinafter referred to as the “City”) has awarded to ______________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No. _______________ (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the Project dated _______________________, (hereinafter referred to, together with all attachments and exhibits thereto, as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, __________________________, the undersigned Contractor and _________________________, as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held firmly bound until the City in the sum of ______________________________ ($_________________), for which amount well and truly to be made, we bind ourselves, our heirs ,executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract Page 160 of 236 TRENCH WORK AT THE UVCC 45 Spec. No. 22-08 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 161 of 236 TRENCH WORK AT THE UVCC 46 Spec. No. 22-08 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 162 of 236 TRENCH WORK AT THE UVCC 47 Spec. No. 22-08 CITY OF UKIAH Mendocino County, California PAYMENT BOND BOND No. ____________________ KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Ukiah (“City”) has awarded to _______________________ (“Contractor/Principal”) a contract (City Agreement No. _____________, dated _________________, ___________, referred to as the “Agreement”) for the work described as _______________________. The Agreement is incorporated by this reference into this Payment Bond (“Bond”); and WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant to California Civil Code section 9550; NOW, THEREFORE, we ____________________________________________, the undersigned Contractor/Principal, and _____________________ (“Surety”), a corporation organized and existing under the laws of the State of _____________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held firmly bound until the City, and to any and all persons, companies, or corporations entitled by law to file stop payment notices under California Civil Code Section 9100, or any person, company, or corporation entitled to make a claim on this bond, in the sum of $_________________________, for which payment will and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal, its heirs, executors, administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil Code section 9100; or fail to pay for any materials, provisions, or other supplies, used in, upon, for , or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind, then Surety will pay for the same, in an amount not exceeding the amount herein above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attorneys’ fees as shall be fixed by the court, awarded and taxed as provided in California Civil Code Section 9550, et seq. It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above described; nor by any rescissions or attempted rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond; nor by any fraud practiced by any person other than the claimant seeking to recover on the bond; and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is give; and under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Owner and Contractor/Principal or on the part of any oblige named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of section 2819 and 2845 of the California Civil Code. Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to Surety as follows: Page 163 of 236 TRENCH WORK AT THE UVCC 48 Spec. No. 22-08 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 164 of 236 TRENCH WORK AT THE UVCC 49 Spec. No. 22-08 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 165 of 236 TRENCH WORK AT THE UVCC 50 Spec. No. 22-08 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 166 of 236 ".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 169 of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age 170 of 236 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Previous editions are obsolete Page 1 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be c onstructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will n otify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part ATTACHMENT 1 Page 171 of 236 Previous editions are obsolete Page 2 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2.Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or p art of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; Page 172 of 236 Previous editions are obsolete Page 3 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘,to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by Page 173 of 236 Previous editions are obsolete Page 4 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., “Federal Housing Administration transactions”, provides in part: “Whoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both.” 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Page 174 of 236 Previous editions are obsolete Page 5 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Page 175 of 236 form HUD-5369-A (11/92)Previous edition is obsolete Representations, Certifications, and Other Statements of Bidders Public and Indian Housing Programs U.S. Department of Housing and Urban Development Office of Public and Indian Housing ATTACHMENT 2 Page 176 of 236 form HUD-5369-A (11/92)Previous edition is obsolete Representations, Certifications, and Other Statements of Bidders Public and Indian Housing Programs Table of Contents Clause Page 1. Certificate of Independent Price Determination 1 2. Contingent Fee Representation and Agreement 1 3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 1 4. Organizational Conflicts of Interest Certification 2 5. Bidder's Certification of Eligibility 2 6. Minimum Bid Acceptance Period 2 7. Small, Minority, Women-Owned Business Concern Representation 2 8. Indian-Owned Economic Enterprise and Indian Organization Representation 2 9. Certification of Eligibility Under the Davis-Bacon Act 3 10. Certification of Nonsegregated Facilities 3 11. Clean Air and Water Certification 3 12. Previous Participation Certificate 3 13. Bidder's Signature 3 1. Certificate of Independent Price Determination (a) The bidder certifies that-- (1) The prices in this bid have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or competitor relating to (i) those prices, (ii) the intention to submit a bid, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this bid have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a competitive proposal solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the bidder to induce any other concern to submit or not to submit a bid for the purpose of restricting competition. (b) Each signature on the bid is considered to be a certification by the signatory that the signatory-- (1) Is the person in the bidder's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above. _______________________________________________ [insert full name of person(s) in the bidder's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the bidder's organization]; (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above. (c) If the bidder deletes or modifies subparagraph (a)2 above, the bidder must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure. [ ] [Contracting Officer check if following paragraph is applicable] (d) Non-collusive affidavit. (applicable to contracts for construction and equipment exceeding $50,000) (1) Each bidder shall execute, in the form provided by the PHA/ IHA, an affidavit to the effect that he/she has not colluded with any other person, firm or corporation in regard to any bid submitted in response to this solicitation. If the successful bidder did not submit the affidavit with his/her bid, he/she must submit it within three (3) working days of bid opening. Failure to submit the affidavit by that date may render the bid nonresponsive. No contract award will be made without a properly executed affidavit. (2) A fully executed "Non-collusive Affidavit" [ ] is, [ ] is not included with the bid. 2. Contingent Fee Representation and Agreement (a) Definitions. As used in this provision: "Bona fide employee" means a person, employed by a bidder and subject to the bidder's supervision and control as to time, place, and manner of performance, who neither exerts, nor proposes to exert improper influence to solicit or obtain contracts nor holds out as being able to obtain any contract(s) through improper influence. "Improper influence" means any influence that induces or tends to induce a PHA/IHA employee or officer to give consideration or to act regarding a PHA/IHA contract on any basis other than the merits of the matter. (b) The bidder represents and certifies as part of its bid that, except for full-time bona fide employees working solely for the bidder, the bidder: (1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and (2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (c) If the answer to either (a)(1) or (a)(2) above is affirmative, the bidder shall make an immediate and full written disclosure to the PHA/IHA Contracting Officer. (d) Any misrepresentation by the bidder shall give the PHA/IHA the right to (1) terminate the contract; (2) at its discretion, deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract. 3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (applicable to contracts exceeding $100,000) (a) The definitions and prohibitions contained in Section 1352 of title 31, United States Code, are hereby incorporated by reference in paragraph (b) of this certification. Page1 of 3 Page 177 of 236 form HUD-5369-A (11/92)Previous edition is obsolete 6. Minimum Bid Acceptance Period (a) "Acceptance period," as used in this provision, means the number of calendar days available to the PHA/IHA for awarding a contract from the date specified in this solicitation for receipt of bids. (b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation. (c) The PHA/IHA requires a minimum acceptance period of [Contracting Officer insert time period] calendar days. (d) In the space provided immediately below, bidders may specify a longer acceptance period than the PHA's/IHA's minimum require- ment. The bidder allows the following acceptance period: calendar days. (e) A bid allowing less than the PHA's/IHA's minimum acceptance period will be rejected. (f) The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that bid is accepted in writing within (1) the acceptance period stated in paragraph (c) above or (2) any longer acceptance period stated in paragraph (d) above. 7. Small, Minority, Women-Owned Business Concern Representation The bidder represents and certifies as part of its bid/ offer that it -- (a) [ ] is, [ ] is not a small business concern. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121. (b) [ ] is, [ ] is not a women-owned business enterprise. "Women- owned business enterprise," as used in this provision, means a business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business. (c) [ ] is, [ ] is not a minority business enterprise. "Minority business enterprise," as used in this provision, means a business which is at least 51 percent owned or controlled by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily opera- tions are controlled by one or more such individuals. For the purpose of this definition, minority group members are: (Check the block applicable to you) [ ] Black Americans [ ] Asian Pacific Americans [ ] Hispanic Americans [ ] Asian Indian Americans [ ] Native Americans [ ] Hasidic Jewish Americans 8. Indian-Owned Economic Enterprise and Indian Organization Representation (applicable only if this solicitation is for a contract to be performed on a project for an Indian Housing Authority) The bidder represents and certifies that it: (a) [ ] is, [ ] is not an Indian-owned economic enterprise. "Economic enterprise," as used in this provision, means any com- mercial, industrial, or business activity established or organized for the purpose of profit, which is at least 51 percent Indian owned. "Indian," as used in this provision, means any person who is a member of any tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any "Native" as defined in the Alaska Native Claims Settlement Act. (b) [ ] is, [ ] is not an Indian organization. "Indian organization," as used in this provision, means the governing body of any Indian tribe or entity established or recognized by such governing body. Indian "tribe" means any Indian tribe, band, group, pueblo, or (b) The bidder, by signing its bid, hereby certifies to the best of his or her knowledge and belief as of December 23, 1989 that: (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of a contract resulting from this solicitation; (2) If any funds other than Federal appropriated funds (includ- ing profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the bidder shall complete and submit, with its bid, OMB standard form LLL, "Disclosure of Lobbying Activities;" and (3) He or she will include the language of this certification in all subcontracts at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. (d) Indian tribes (except those chartered by States) and Indian organizations as defined in section 4 of the Indian Self-Determina- tion and Education Assistance Act (25 U.S.C. 450B) are exempt from the requirements of this provision. 4. Organizational Conflicts of Interest Certification The bidder certifies that to the best of its knowledge and belief and except as otherwise disclosed, he or she does not have any organizational conflict of interest which is defined as a situation in which the nature of work to be performed under this proposed contract and the bidder's organizational, financial, contractual, or other interests may, without some restriction on future activities: (a) Result in an unfair competitive advantage to the bidder; or, (b) Impair the bidder's objectivity in performing the contract work. [ ] In the absence of any actual or apparent conflict, I hereby certify that to the best of my knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procurement. 5. Bidder's Certification of Eligibility (a) By the submission of this bid, the bidder certifies that to the best of its knowledge and belief, neither it, nor any person or firm which has an interest in the bidder's firm, nor any of the bidder's subcon- tractors, is ineligible to: (1) Be awarded contracts by any agency of the United States Government, HUD, or the State in which this contract is to be performed; or, (2) Participate in HUD programs pursuant to 24 CFR Part 24. (b) The certification in paragraph (a) above is a material represen- tation of fact upon which reliance was placed when making award. If it is later determined that the bidder knowingly rendered an erroneous certification, the contract may be terminated for default, and the bidder may be debarred or suspended from participation in HUD programs and other Federal contract programs. Page 2 of 3 Page 178 of 236 form HUD-5369-A (11/92)Previous edition is obsolete community including Native villages and Native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs. 9. Certification of Eligibility Under the Davis-Bacon Act (applicable to construction contracts exceeding $2,000) (a) By the submission of this bid, the bidder certifies that neither it nor any person or firm who has an interest in the bidder's firm is a person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (b) No part of the contract resulting from this solicitation shall be subcontracted to any person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (c) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001. 10. Certification of Nonsegregated Facilities (applicable to contracts exceeding $10,000) (a) The bidder's attention is called to the clause entitled Equal Employment Opportunity of the General Conditions of the Con- tract for Construction. (b) "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise. (c) By the submission of this bid, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Employment Opportunity clause in the contract. (d) The bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) prior to entering into subcontracts which exceed $10,000 and are not exempt from the requirements of the Equal Employment Opportunity clause, it will: (1) Obtain identical certifications from the proposed subcon- tractors; (2) Retain the certifications in its files; and (3) Forward the following notice to the proposed subcontrac- tors (except if the proposed subcontractors have submitted identical certifications for specific time periods): Notice to Prospective Subcontractors of Requirement for Certifications of Nonsegregated Facilities A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Employment Opportunity clause of the prime contract. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). Note: The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001. 11. Clean Air and Water Certification (applicable to con- tracts exceeding $100,000) The bidder certifies that: (a) Any facility to be used in the performance of this contract [ ] is, [ ] is not listed on the Environmental Protection Agency List of Violating Facilities: (b) The bidder will immediately notify the PHA/IHA Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the bidder proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and, (c) The bidder will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract. 12. Previous Participation Certificate (applicable to construction and equipment contracts exceeding $50,000) (a) The bidder shall complete and submit with his/her bid the Form HUD-2530, "Previous Participation Certificate." If the successful bidder does not submit the certificate with his/her bid, he/she must submit it within three (3) working days of bid opening. Failure to submit the certificate by that date may render the bid nonresponsive. No contract award will be made without a properly executed certifi- cate. (b) A fully executed "Previous Participation Certificate" [ ] is, [ ] is not included with the bid. 13. Bidder's Signature The bidder hereby certifies that the information contained in these certifications and representations is accurate, complete, and current. __________________________________________________________________ (Signature and Date) __________________________________________________________________ (Typed or Printed Name) __________________________________________________________________ (Title) __________________________________________________________________ (Company Name) (Company Address) Page 3 of 3 Page 179 of 236 "General Decision Number: CA20220005 02/25/2022 Superseded General Decision Number: CA20210005 State: California Construction Type: Building Counties: Del Norte, Humboldt, Lake and Mendocino Counties in California. BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories) Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). ______________________________________________________________ |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract.| |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $15.00 per hour (or | | | the applicable wage rate | || listed on this wage | || determination, if it is | || higher) for all hours | || spent performing on the | || contract in 2022.| |______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract.| |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $11.25 per hour (or the | || applicable wage rate listed| || on this wage determination,| || if it is higher) for all | || hours spent performing on | | | that contract in 2022. | |______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. ATTACHMENT 3 Page 180 of 236 Modification Number Publication Date 0 01/07/2022 1 02/25/2022 * SUCA1986-001 06/01/1986 Rates Fringes BOILERMAKER......................$ 21.60 4.25 Brick Tender.....................$ 18.54 3.86 Bricklayer, Stonemason...........$ 22.45 8.60 Carpenters: Carpenter...................$ 19.08 6.915 Hardwood floor layer; Power saw operator; Saw filer; Shingler; Steel scaffold erector; Steel shoring.....................$ 19.23 6.955 Millwright..................$ 19.73 8.205 Piledriverman - bridge building....................$ 21.21 6.915 Piledriverman...............$ 19.38 9.885 Cement Masons: Cement mason................$ 17.91 6.18 Swing or slip form scaffold; Mastic, magnesite, gypsum, epoxy, polyester, resin & all composition.................$ 18.16 6.18 Diver Diver tender................$ 20.38 6.165 Diver.......................$ 31.63 9.885 Drywall Installers/Lathers: Drywall installer/lather....$ 19.08 7.405 Drywall stocker, scrapper & clean-up................$ 9.54 ** 7.405 Electricians: Cable Splicer...............$ 18.80 3%+5.53 Communications & System electronic installer: Communications & systems technician (including any data system whose only function is to transmit or receive information excluding all other data systems or multiple systems which include control function or power supply (inclusion or exclusion of terminations and testings of conductors determined by their function); excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new Page 181 of 236 or major remodel building projects or jobs; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems..........$ 13.62 ** 3%+0.90 Electrician.................$ 17.41 3%+5.53 ELEVATOR MECHANIC................$ 31.06 3.87+a FLOOR LAYER: Carpet Del Norte & Humboldt........$ 14.19 ** 8%+3.27 Lake & Mendocino............$ 18.73 b GLAZIER..........................$ 16.31 11%+4.40 Insulator/asbestos worker Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems..........$ 21.60 5.61 Ironworkers: Fence erector...............$ 18.26 8.93 Ornamental, Reinforcing, & Structural..................$ 19.15 8.93 LABORER: Gunite GROUP 1.....................$ 17.07 5.96 GROUP 2.....................$ 16.48 5.96 GROUP 3.....................$ 17.36 5.96 Laborer: Wrecking, buildings and miscellaneous structures GROUP 1.....................$ 16.61 5.96 GROUP 2.....................$ 16.46 5.96 GROUP 3.....................$ 16.36 5.96 Laborers: (*See GROUP 1-b & GROUP 1-g under the descriptions of groups.) GROUP 1.....................$ 16.61 5.96 GROUP 1-a...................$ 16.83 5.96 GROUP 1-c...................$ 16.66 5.96 GROUP 1-d...................$ 16.86 5.96 GROUP 1-e...................$ 17.16 5.96 GROUP 1-f...................$ 17.19 5.96 GROUP 2.....................$ 16.46 5.96 GROUP 3.....................$ 16.36 5.96 GROUP 4.....................$ 10.05 ** 5.96 Landscape Laborer GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS: Establishment warranty period.....................$ 10.05 ** 5.96 New construction...........$ 16.36 5.96 Page 182 of 236 Line Construction DEL NORTE COUNTY: ZONE 1: GROUP 1....................$ 20.63 3.5%+3.25 GROUP 2....................$ 18.65 3.5%+3.25 GROUP 3....................$ 15.35 3.5%+3.25 GROUP 4....................$ 16.08 3.5%+3.25 GROUP 5....................$ 14.07 ** 3.5%+3.25 GROUP 6....................$ 14.07 ** 3.5%+3.25 GROUP 7....................$ 13.23 ** 3.5%+3.25 HUMBOLDT COUNTY: Cable splicer..............$ 18.80 4%+5.33 Ground person..............$ 13.93 ** 4%+5.33 Heavy equipment operator...$ 15.67 4%+5.33 Line technician............$ 17.41 4%+5.33 LAKE AND MENDICINO COUNTIES: Cable splicer..............$ 25.14 3%+4.74 Ground person..............$ 18.28 3%+4.74 Heavy equipment operator...$ 18.22 3%+4.74 Line technician............$ 22.85 3%+4.74 ZONE DIFFERENTIAL: Add to Zone 1 Base rate: ZONE 2 - $2.40 ZONE 3 - $3.15 ZONE 4 - $3.90 ZONE 5 - $5.15 Marble and terrazzo setter.......$ 21.09 4.13 MARBLE FINISHER Del Norte County............$ 13.92 ** 3.67 Humboldt, Lake & Mendocino Counties..................$ 15.22 3.92 Painters: Del Norte and Humboldt Counties: Brush; roller..............$ 12.51 ** 2.43 Paperhanger; Sandblaster; Spray; Structural steel; Swing stage; Taper..$ 12.76 ** 2.43 Lake and Mendocino Counties: Brush......................$ 20.78 4.68 Drywall Finisher; Paperhanger................$ 21.78 4.68 Sandblasting; Spray; Steam- cleaning........$ 21.28 4.68 Parking Lot Striping/Highway Marking: GROUP 1.....................$ 16.83 3.52 GROUP 2.....................$ 15.99 3.52 GROUP 3.....................$ 14.31 ** 3.52 GROUP 4.....................$ 16.83 3.52 Slurry seal work: Operator & Shuttle.........$ 12.88 ** 3.52 Sealer/mixer...............$ 14.54 ** 3.52 PLASTERER........................$ 17.73 8.22 Plumber and Steamfitter Del Norte & Humboldt Counties....................$ 16.47 9.45 Page 183 of 236 Lake & Mendocino Counties...$ 29.84 12.53 Power equipment operators: (AREA 2: $2.00 Premium of Area 1) AREA 1: GROUP 1....................$ 24.17 9.70 GROUP 2....................$ 23.04 9.70 GROUP 3....................$ 21.96 9.70 GROUP 4....................$ 20.93 9.70 GROUP 5....................$ 19.97 9.70 GROUP 6....................$ 18.99 9.70 GROUP 7....................$ 18.15 9.70 GROUP 8....................$ 17.31 9.70 Roofers: Del Norte Enameler & Pitch...........$ 18.30 3.84 Roofer.....................$ 16.30 3.84 Humboldt County.............$ 12.00 ** 2.00 Lake & Mendocino Counties Bitumastic; Coal tar Built-up; Enameler; Pipewrapper................$ 19.65 7.17 Mastic worker; Kettle tender (2 kettles without pumps).....................$ 17.90 7.17 Roofer.....................$ 17.65 7.17 Sheet Metal Worker Del Norte & Humboldt Counties....................$ 18.65 4.85 Lake & Mendocino Counties...$ 27.17 7.17 SPRINKLER FITTER.................$ 24.18 3.75 TERRAZZO FINISHER Del Norte County Base Machine Operator......$ 17.42 3.95 Terrazzo Finisher..........$ 16.72 3.95 Humboldt, Lake, Mendocino Base Machine Operator......$ 17.69 4.18 Terrazzo Finisher..........$ 16.99 4.18 TILE FINISHER....................$ 16.17 10%+3.36 TILE SETTER......................$ 23.35 4.48 Truck drivers: GROUP 1....................$ 17.80 7.69 GROUP 2....................$ 17.88 7.69 GROUP 3....................$ 17.90 7.69 GROUP 4....................$ 17.91 7.69 GROUP 5....................$ 17.92 7.69 GROUP 6....................$ 17.93 7.69 GROUP 7....................$ 17.95 7.69 GROUP 8....................$ 17.97 7.69 GROUP 9....................$ 17.98 7.69 GROUP 10....................$ 18.00 7.69 GROUP 11....................$ 18.01 7.69 GROUP 12....................$ 18.05 7.69 GROUP 13....................$ 18.06 7.69 GROUP 14....................$ 18.07 7.69 GROUP 15....................$ 18.10 7.69 GROUP 16....................$ 18.11 7.69 Page 184 of 236 GROUP 17....................$ 18.12 7.69 GROUP 18....................$ 18.14 7.69 GROUP 19....................$ 18.15 7.69 GROUP 20....................$ 18.16 7.69 GROUP 21....................$ 18.21 7.69 GROUP 22....................$ 18.24 7.69 GROUP 23....................$ 18.25 7.69 GROUP 24....................$ 18.34 7.69 GROUP 25....................$ 18.35 7.69 GROUP 26....................$ 18.38 7.69 GROUP 27....................$ 18.40 7.69 GROUP 28....................$ 18.44 7.69 GROUP 29....................$ 18.45 7.69 GROUP 30....................$ 18.47 7.69 GROUP 31....................$ 18.48 7.69 GROUP 32....................$ 18.54 7.69 GROUP 33....................$ 18.69 7.69 GROUP 34....................$ 18.79 7.69 GROUP 35....................$ 18.84 7.69 GROUP 36....................$ 18.99 7.69 GROUP 37....................$ 19.14 7.69 FOOTNOTES: a. Vacation Pay: 8% with 5 or more years of service, 6% for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. b. $7.47 for employees who have worked less than 5 years; $7.62 for employees who have worked 5 years or more. POWER EQUIPMENT OPERATORS: AREA DESCRIPTIONS DEL NORTE COUNTY: AREA 1: All of Del Norte County lying within Township 13N, Range 1E of the Humboldt Meridian. AREA 2: Remainder of county. HUMBOLDT COUNTY: AREA 1: All of Humboldt County within the following lines: Beginning at the point of intersection of the Pacific Ocean with the northerly line of Township 12 North, Thence easterly to the northeast corner of Township 12N, Range 1E, Thence southerly to the northwest corner of Township 9N, Range 2E, Thence easterly to the northeast corner of Township 9N, Range 3E, Thence southerly to the northwest corner of Township 7N, Range 4E, Thence easterly to the northeast corner of Township 7N, Range 5E, Thence southerly to the southeast corner of Township 6N, Range 5E, Thence westerly to the northeast corner of Township 5N, Range 3E, Thence southerly to the northeast corner of Township 4S, Range 3E,Thence easterly to the northeast corner of Township 4S, Range 4E, Thence southerly to the intersection of the easterly line of Township 5S, Range 4E, with the southerly line of Humboldt County, Thence westerly along said county line to the westerly line of Township 5S, Range 3E, Thence northerly and leaving said county line to the southeast corner of Township 2S, Range 2E, Thence westerly to the southwest corner of Township 2S, Range 2E, Thence northerly to the southeast corner of Township 1N, Range 1E, Thence westerly along the southerly line of Township 1N to the intersection of the Pacific Ocean, Thence northerly along the Pacific Ocean to the point of beginning. AREA 2: Remainder of county. Page 185 of 236 LAKE COUNTY: AREA 1: Southern 2/3, AREA 2: Northern 1/3. MENDOCINO COUNTY: AREA 1: Southeastern part. AREA 2: Remainder of County. AREA & ZONE DESCRIPTIONS: LINE CONSTRUCTION - DEL NORTE COUNTY ZONES : ZONE 1: 0-3 miles radius from the geographical center of Alturos and Yreka, California ZONE 2: 3-20 miles radius ZONE 3: 20-35 miles radius ZONE 4: 35-50 miles radius ZONE 5: over 50 miles radius Base rate (Zone 1) is paid when working out of employer's permanent shop. LABORER CLASSIFICATIONS GROUP 1: Asphalt ironer and raker; Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Chainsaw, Faller, Logloader and Bucker; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete saw; Concrete sander; Cribber and/or shoring; Cut granite curb setter; Form raiser; Slip form; Green cutter, Headerboard, Hubsetter, Aligner; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactors; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials; Lagging, sheeting, whaling, bracing, trenchjacking, handguided lagging hammer; Magnesite, epoxyresin, fiberglass; Mastic worker (wet or dry); Perma Curbs; Precast-manhole setter; Cast-in-place manhole form setter; Pressure pipe tester; Pavement breaker and spader, including tool grinder; Pipelayer, caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Post hole digger, air, gas and electric; Power broom sweeper; Power tamper of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rockslinger, including placing of sacked concrete and/or sand (wet or dry); Rotary scarifier, multiple head concrete chipper; Davis Trencher, 300 or similar type (and all small trenchers); Roto and Ditch Witch; Roto-tiller; Sandblaster, pot, gun, nozzle operator; Signalling and rigging; Tank cleaner; Tree climber; Vibrascreed, bull float in connection with laborers' work; Vibrator; Dri-pak-it machine; High pressure blow pipe (1-1/2"" or over, 100 lbs. pressure and over); Hydro seeder and similar type; Certified asbestos laborer; Masonry and plasterer tender GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Diamond driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Multiple unit drill; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scaler (including drilling of same); Tree topper; Bit grinder Page 186 of 236 GROUP 1-b: Sewer cleaner receives an additional $4.00 per day, $5.00 per day on recently active large diameter sewers or sewer manholes GROUP 1-c: Burning and welding in connection with laborers' work GROUP 1-d: Repair track and road beds (cut and cover work of subway after the temporary cover has been placed) GROUP 1-e: Laborer on general construction work on or in Bell Hole footings and shaft GROUP 1-f: Wire winding machine in connection with guniting or shotcrete - aligner GROUP 1-g: Laborer working off or with or from bos'n chairs, swinging scaffolds, belts, shall receive $ .25 per hour above the applicable wage rate. This premium rate shall be reckoned by the day and half day. This shall not apply to a laborer entitled to receive the wage rate set forth in Group 1-a. GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and digger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Chuck tender; High pressure nozzle operator, adductor; Grout-crew; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Singlefoot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe under 12 inches GROUP 3: All clean-up work of debris, grounds and buildings including but not limited to street cleaners; Cleaning and washing windows; Construction laborer including bridge and general laborer; Dump; Load spotter; Fire watcher; Street cleaner; Gardener, Horticultural and landscape laborer; Jetting; Limber; Brush loader; Piler; Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Fence erector; Guardrail erector; Pavement marker (button setter) GROUP 4: Brick cleaner (jobsite only); Lumber cleaner (jobsite only); (not applicable to ""form stripping"", cleaning and oiling and moving to the next point of erection) -------------------------------------------------------------- GUNITE CLASSIFICATIONS GROUP 1: Nozzle operator (including gun, pot); Ground GROUP 2: Rebound GROUP 3: General laborer -------------------------------------------------------------- WRECKING WORK CLASSIFICATIONS Page 187 of 236 GROUP 1: Skilled wrecker (removing and salvaging of sash, windows, doors, plumbing and electric fixtures) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) GROUP 3: General laborer (includes all clean-up work, loading lumber, loading and burning of debris) -------------------------------------------------------------- --- LINE CONSTRUCTION CLASSIFICATIONS Del Norte County: GROUP 1: Cable splicer, lead pole sprayer GROUP 2: Line technician, pole sprayer, heavy line equipment Operator, certified line welder GROUP 3: Tree trimmer GROUP 4: Line equipment operator GROUP 5: Head ground person, powder, jackhammer operator GROUP 6: Head ground person (chipper) GROUP 7: Ground person Groups 3 and 6 receive base rate (Zone 1) only (no zone differential). -------------------------------------------------------------- -- PARKING LOT STRIPING WORK AND/OR HIGHWAY MARKING GROUP 1: STRIPER: Layout and application of painted traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings GROUP 2: TRAFFIC DELINEATING DEVICE APPLICATOR: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers; other traffic delineating devices; includes all related surface preparation (sandblasting, waterblasting, grinding) as part of the application process GROUP 3: SURFACE ABRASIVE BLASTER: removal of traffic lines and markings, preparation of surface for coatings GROUP 4: TRAFFIC PROTECTIVE DELINEATING SYSTEMS INSTALLER: removes; relocates; installs permanently affixed roadside and parking delineation barricades; fencing, guard rail; cable anchor, retaining walls, reference signs, monument markers ---------------------------------------------------------- POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Operator of helicopter (when used in erection work); Power shovel, backhoe, gradall over 7 cu. yds. GROUP 2: Highline cableway; Power blade operator (finish); Power shovel, backhoe, gradall (over 1 cu. yd. and up to and including 7 cu. yds. m.r.c.) GROUP 3: Asphalt milling machine; Hydraulic excavator; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine; Crane-mounted continuous flight tie back machine; Crane-mounted drill attachment; Dozer, slope brd; Gradall; Loader, 4 cu. yds. and over; Multiple-engine scraper (when used as push pull); Power shovel, backhoe, gradall up to and including 1 cu. yd.); Pre-stress wire wrapping machine; Side boom Cat, 771 Page 188 of 236 or larger; Track loader, 4 cu. yds. and over; Wheel excavator (up to and including 750 cu. yds. per hour) GROUP 4: Asphalt plant engineer; Automatic concrete slip form paver; Chicago boom; Combination backhoe and loader up to and including 3/4 cu. yds.; Concrete batch plant (wet or dry); Dozer and/or push cat; Pull-type elevating loader; Gradesetter, grade checker (mechanical or otherwise); Grooving and grinding machine; Heading shield operator; Heavy-duty drilling equipment, Huges, LDH, Watson 3000 or similar; Heavy-duty repair person; Lime spreader; Loader, under 4 cu. yds.; Lubrication and service engineer (mobile and grease rack); Mechanical finisher or spreader machine (asphalt, Barber-Greene and similar); Miller Formless M-9000 slope paver or similar; Mucking machine (rubber- tired, rail or track type); Portable crushing and screening plant; Power blade support; Raised bore operator (tunnels); Roller operator, asphalt; Rubber-tired earth-moving equipment (scraper); Slip form paver (concrete or asphalt); Small tractor with drag; Soil stabilizer (P & H or equal); Timber skidder; Track loader, up to 4 yds.; Tractor-drawn scraper; Tractor, compressor drill combination; Tunnel mole bore operator; Woods- mixer (and other similar Pugmill) GROUP 5: Cast-in-place pipe laying machine; Combination slusher and motor operator; Concrete conveyor or concrete pump, truck or equipment mounted); Concrete conveyor, building site; Concrete pump or pumpcrete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring machinery, horizontal (not applicable to waterliners, wagon drills or jackhammers); Concrete mixer/all; Person and/or material hoist; Mechanical finisher (concrete) (Clary, Johnson, Bidwell bridge deck or similar types); Mechanical burm, curb and/or curb and gutter machine, concrete or asphalt; Mine or shaft hoist; Portable crusher; Power jumbo operator (setting slip-forms, etc., in tunnels); Screed (automatic or manual); Self-propelled compactor with dozer; Tractor with boom D6 or smaller; Trenching machine, maximum digging capacity over 5 ft. depth; Vermeer T-600B rock cutter GROUP 6: Armor-Coater (or similar); Ballast jack tamper; Boom- type backfilling machine; Assistant plant engineer; ridge and/or gantry crane; Chemical grouting machine, truck-mounted; Chip spreading machine operator; Concrete saw (self-propelled unit on streets, highways, airports and canals); Deck engineer; Drilling equipment Texoma 600, Hughes 200 series or similar up to and including 30 ft. m.r.c.; Drill doctor; Elevator operator; Helicopter radio operator; Hydro-Hammer or similar; Line master; Locomotive; Luff hi-lift or similar; Truck crane oiler; Pavement breaker, truck-mounted, with compressor combination; Petro mat laying machine; Pipe bending machine (pipelines only); Pipe wrapping machine (tractor-propelled and supported); Screed, except asphaltic concrete paving; Self-propelled pipeline wrapping machine; Soils & materials tester; Tractor GROUP 7: Ballast regulator; Boom truck or dual-purpose A-frame truck; Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r.c.; Fire tender hot plant; Forklift (20' and over) or lumber stacker (construction jobsite); Grouting machine operator; Highline cableway signalperson; Stationary belt loader (Kolman or similar); Lift slab machine (Vagtborg and similar types); Maginnes internal full slab vibrator; Page 189 of 236 Material hoist (1 drum); Mechanical trench shield; Motor operator; Pavement breaker with or without compressor combination; Pipe cleaning machine (tractor-propelled and supported); Post driver; Roller (except asphalt); Self-propelled automatically-applied concrete curing machine (on streets, highways, airports and canals); Self- propelled compactor (without dozer); Signal person; Slip-form pumps (lifting device for concrete forms); Tie spacer; Tower mobile; Trenching machine - maximum digging capacity up to and including 5 ft. depth; Truck-type loader GROUP 8: Bit sharpener; Boiler tender; Box operator; Brake person; Combination mixer and compressor (gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator; Hydraulic monitor; Ken seal machine (or similar); Mixermobile; Oiler; Pump operator; Refrigeration plant; Reservoir-debris tug (self-propelled floating); Ross carrier (construction site); Rotomist operator; Self-propelled tape machine; Shuttlecar; Self-propelled power sweeper operator; Slusher; Surface heater; Switch person; Tar pot fire tender; Tugger hoist, single drum; Vacuum cooling plant; Welding machine (powered other than by electricity) ---------------------------------------------------------- TRUCK DRIVER CLASSIFICATIONS GROUP 1: Bulk cement spreader (with or without auger, under 4 yds. water level); Bus driver; Concrete pump machine; Concrete pump truck (when flat rack truck is used appropriate flat rack rate shall apply); Dump (under 4 yds. water level); Dumpcrete truck (under 4 yds. water level); Dumpster (under 4 yds. water level); Escort or pilot car driver; Nipper truck (when flat rack truck is used appropriate flat rack rate shall apply); Pick-up; Skid (debris box, under 4 yds. water level); Team driver; Truck (dry pre-batch concrete mix, under 4 yds. water level) GROUP 2: Teamster oiler and/or greaser and/or service GROUP 3: Bulk cement spreader (with or without auger, 4 yd. and under 6 yds. water level); Dump (4 yds. and under 6 yds. water level); Dumpcrete (4 yds. and under 6 yds. water level); Dumpster (4 yds. and under 6 yds. water level); Skid (debris box, 4 yds. and under 6 yds. water level); Single unit flat rack (2-axle unit); Industrial lift truck (mechanical tailgate); Truck (dry pre-batch concrete mix, 4 yds. and under 6 yds. water level) GROUP 4: Jetting truck and water truck (under 2,500 gallons) GROUP 5: Road oil truck or boot GROUP 6: Lift jitney, fork lift GROUP 7: Transit mix, agitator (under 6 yds.) GROUP 8: Fuel and/or grease truck driver or fuel worker GROUP 9: Vacuum truck, under 3,500 gallons GROUP 10: Scissor truck; Single unit flat rack (3-axle unit); Industrial lift truck (mechanical tailgate); Small rubber-tired tractor (when used within teamsters' Page 190 of 236 jurisdiction) GROUP 11: Jetting truck and water truck, 2,500 gallons and under 4,000 gallons GROUP 12: Combination winch truck with hoist; Transit mix or agitator (6 yds. and under 8 yds.) GROUP 13: Vacuum truck, 3,500 gallons and under 5,500 gallons GROUP 14: Rubber-tired muck car (not self-loaded) GROUP 15: Bulk cement spreader (with or without auger, 6 yds. and under 8 yds. water level); Dump (6 yds. and under 8 yds. water level); Dumpcrete (6 yds. and under 8 yds. water level); Dumpster (6 yds. and under 8 yds. water level); Skid (debris box, 6 yds. and under 8 yds. water level); Truck (dry pre-batch concrete mix, 6 yds. and under 8 yds. water level) GROUP 16: A-frame, winch truck; Buggymobile; Jetting and water truck (4,000 gallons and under 5,000 gallons); Rubber-tired truck jumbo GROUP 17: Heavy-duty transport (high bed) GROUP 18: Ross Hyster and similar straddle carrier GROUP 19: Transit mix or agitator (8 yds. through 10 yds.) GROUP 20: Vacuum truck (5,500 gallons and under 7,500 gallons) GROUP 21: Jetting truck and water truck (5,000 gallons and under 7,000 gallons) GROUP 22: Combination boot person and road oiler GROUP 23: Transit mix or agitator (over 10 yds. through 12 yds.) GROUP 24: Bulk cement spreader (with or without auger, 8 ys. and including 12 yds. water level); Dump (8 yds. and including 12 yds. water level); Dumpcrete (8 yds. and including 12 yds. water level); Dumpster (8 yds. and including 12 yds. water level); Self-propelled street sweeper with self-contained refuse bin; Skid (debris box, 8 yds. and including 12 yds. water level); Snow Go and/or snow plow; Truck (dry pre-batch concrete mix, 8 yds. and including 12 yds. water level) GROUP 25: Heavy-duty transport (gooseneck lowbed); Transit mix or agitator (over 12 yds. through 14 yds.) GROUP 26: Ammonia nitrate distributor driver and mixer; Bulk cement spreader (with or without auger, over 12 yds. and including 18 yds. water level); Dump (over 12 yds. and including 18 yds. water level); Dumpcrete (over 12 yds. and including 18 yds. water level); Dumpster (over 12 yds. and including 18 yds. water level); Skid (debris box, over 12 yds. and including 18 yds. water level); Truck (dry pre-batch concrete mix, over 12 yds. and including 18 yds. water level) Page 191 of 236 GROUP 27: Double gooseneck (7 or more axles); Heavy-duty transport tiller GROUP 28: P.B. or similar type self-loading truck GROUP 29: Transit mix agitator (over 14 yds. through 16 yds.) GROUP 30: Truck repair; Hydro-lift or Swedish crane type (including when Swedish crane is used for jetting); Hydro-lift extension or retracting crane (boom-type) GROUP 31: Bulk cement spreader (with or without auger, over 18 yds. and including 24 yds. water level); Combination dump and dump trailer; Dump (over 18 yds. and including 24 yds. water level); Dumpcrete (over 18 yds. and including 24 yds. water level); Dumpster (over 18 yds. and including 24 yds. water level); Skid (debris box, over 18 yds. and including 24 yds. water level); Transit mix agitator (over 12 yds. through 16 yds.); Truck (dry pre-batch concrete mix, over 18 yds. and including 24 yds. water level) GROUP 32: Bulk cement spreader (with or without auger, over 24 yds. and including 35 yds. water level); Dump (over 24 yds. and including 35 yds. water level); Dumpcrete (over 24 yds. and including 35 yds. water level); Dumpster (over 24 yds. and including 35 yds. water level); DW 10's, 20's, 21's and other similar Cat type, Terra Cobra, LeTournapulls, Tournarocker, Euclid and similar type equipment when pulling fuel and/or grease tank trailers or other miscellaneous trailers; Skid (debris box, over 24 yds. and including 35 yds. water level); Truck (dry pre- batch concrete mix, over 24 yds. and including 35 yds. water level) GROUP 33: Bulk cement spreader (with or without auger, over 35 yds. and including 50 yds. water level); Dump (over 35 yds. and including 50 yds. water level); Dumpcrete (over 35 yds. and including 50 yds. water level); Dumpster (over 35 yds. and including 50 yds. water level); Skid (debris box, over 35 yds. and including 50 yds. water level); Truck (dry pre-batch concrete mix, over 35 yds. and including 50 yds. water level) GROUP 34: DW 10's, 20's, 21's and other similar Cat type, Terra Cobra, LeTournapulls, Tournarocker, Euclid and similar type equipment when pulling Aqua/Pak or water tank trailers GROUP 35: Bulk cement spreader (with or without auger, over 50 yds. and under 65 yds. water level); Dump (over 50 yds. and under 65 yds. water level); Dumpcrete (over 50 yds. and under 65 yds. water level); Dumpster (over 50 yds. and under 65 yds. water level); Helicopter pilot (when transporting workers ormaterials); Skid (debris box, over 50 yds. and under 65 yds. water level); Truck (dry pre-batch concrete mix, over 50 yds. and under 65 yds. water level) GROUP 36: Over 65 to 80 yds. GROUP 37: Over 80 to 95 yds. ---------------------------------------------------------------- Page 192 of 236 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25). Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing Page 193 of 236 this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Page 194 of 236 Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISIO" Page 195 of 236 Previous Participation Certification OMB Approval No. 2502-0118 (Exp. 11/30/2022 ) Previous editions are obsolete ref 24 CFR 200 Subpart H Form HUD-2530 (10/2016) Page 1 of 4 US Department of Housing and Urban Development US Department of Agriculture Office of Housing/Federal Housing Commissioner Farmers Home Administration Part I to be completed by Controlling Participant(s) of Covered Projects (See instructions) Reason for submission: For HUD HQ/FmHA use only 1. Agency name and City where the application is filed 2. Project Name, Project Number, City and Zip Code 3. Loan or Contract amount $4. Number of Units or Beds 5. Section of Act 6. Type of Project (check one) Existing Rehabilitation Proposed (New) 7. List all proposed Controlling Participants and attach complete organization chart for all organizations showing ownership % Name and address ( Last, First, Middle Initial) of controlling participant(s) proposing to participate 8 Role of Each Principal in Project 9. SSN or IRS Employer Number (TIN) Certifications: The controlling participants(s) listed above hereby apply to HUD or USDA FmHA, as the case maybe, for approval to participate as controlling participant(s) in the role(s) and project listed above. The controlling participant(s) certify that the information provided on this form and in any accompanying documentation is true and accurate. I/we acknowledge that making, presenting, or submitting a false, fictitious, or fraudulent statement, representation, or certification may result in criminal, civil, and/or administrative sanctions, including fines, penalties, and imprisonment. The controlling participants(s) further certify to the truth and accuracy of the following: 1. Schedule A contains a listing, for the last ten years, of every project assisted or insured by HUD, USDA FmHA and/or State and local government housing finance agencies in which the controlling participant(s) have participated or are now participating. 2. For the period beginning 10 years prior to the date of this certification, and except as shown on the certification: a. No mortgage on a project listed has ever been in default, assigned to the Government or foreclosed, nor has it received mortgage relief from the mortgagee; b. The controlling participants have no defaults or noncompliance under any Conventional Contract or Turnkey Contract of Sale in connection with a public housing project; c. There are no known unresolved findings as a result of HUD audits, management reviews or other Governmental investigations concerning the controlling participants or their projects; d. There has not been a suspension or termination of payments under any HUD assistance contract due to the controlling participant’s fault or negligence; e. The controlling participants have not been convicted of a felony and are not presently the subject of a complaint or indictment charging a felony. (A felony is defined as any offense punishable by imprisonment for a term exceeding one year, but does not include any offense classified as a misdemeanor under the laws of a State and punishable by imprisonment of two years or less); f. The controlling participants have not been suspended, debarred or otherwise restricted by any Department or Agency of the Federal Government or of a State Government from doing business with such Department or Agency; g. The controlling participants have not defaulted on an obligation covered by a surety or performance bond and have not been the subject of a claim under an employee fidelity bond; 3. All the names of the controlling participants who propose to participate in this project are listed above. 4. None of the controlling participants is a HUD/FmHA employee or a member of a HUD/FmHA employee's immediate household as defined in Standards of Ethical Conduct for Employees of the Executive Branch in 5 C.F.R. Part 2635 (57 FR 35006) and HUD's Standard of Conduct in 24 C.F.R. Part 0 and USDA's Standard of Conduct in 7 C.F.R. Part 0 Subpart B. 5. None of the controlling participants is a participant in an assisted or insured project as of this date on which construction has stopped for a period in excess of 20 days or which has been substantially completed for more than 90 days and documents for closing, including final cost certification, have not been filed with HUD or FmHA. 6.None of the controlling participants have been found by HUD or FmHA to be in noncompliance with any applicable fair housing and civil rights requirements in 24 CFR 5.105(a). (If any controlling participants have been found to be in noncompliance with any requirements, attach a signed statement explaining the relevant facts, circumstances, and resolution, if any). 7. None of the controlling participants is a Member of Congress or a Resident Commissioner nor otherwise prohibited or limited by law from contracting with the Government of the United States of America. 8.Statements above (if any) to which the controlling participant(s) cannot certify have been deleted by striking through the words with a pen, and the controlling participant(s) have initialed each deletion (if any) and have attached a true and accurate signed statement (if applicable) to explain the facts and circumstances. Name of Controlling Participant Signature of Controlling Participant Certification Date (mm/dd/yyyy) Area Code and Tel. No. This form prepared by (print name) Area Code and Tel. No. ATTACHMENT 4 Page 196 of 236 Previous Participation Certification OMB Approval No. 2502-0118 (Exp. 11/30/2022 ) Previous editions are obsolete ref 24 CFR 200 Subpart H Form HUD-2530 (10/2016) Page 2 of 4 Schedule A: List of Previous Projects and Section 8 Contracts. Below is a complete list of the controlling participants’ previous participation projects and participation history in covered projects as per 24 CFR, part 200 §200.214 and multifamily Housing programs of FmHA, State and local Housing Finance Agencies, if applicable. Note: Read and follow the instruction sheet carefully. Make full disclosure. Add extra sheets if you need more space. Double check for accuracy. If no previous projects, write by your name, “No previous participation, First Experience”. 1. Controlling Participants’ Name (Last, First)2. List of previous projects (Project name, project ID and, Govt. agency involved) 3.List Participants’ Role(s) (indicate dates participated, and if fee or identity of interest participant) 4. Status of loan (current, defaulted, assigned, foreclosed) 5.Was the Project ever in default during your participation Yes No If yes, explain 6. Last MOR rating and Physical Insp. Score and date Part II- For HUD Internal Processing Only Received and checked by me for accuracy and completeness; recommend approval or refer to Headquarters after checking appropriate box. Date (mm/dd/yyyy) Tel No. and area code A. No adverse information; form HUD-2530 approval C. Disclosure or Certification problem recommended. B. Name match in system D. Other (attach memorandum) Staff Processing and Control Signature of authorized reviewer Signature of authorized reviewer Approved Yes No Date (mm/dd/yyyy) Page 197 of 236 Page 3 of 4 Instructions for Completing the Previous Participation Certificate, form HUD-2530 Carefully read these instructions and the applicable regulations. A copy of the regulations published at 24 C.F.R. part 200, subpart H, § 200.210-200.222 can be obtained on-line at www.gpo.gov and from the Account Executive at any HUD Office. Type or print neatly in ink when filling out this form. Incomplete form will be returned to the applicant. Attach extra sheets as you need them. Be sure to indicate "Continued on Attachments" wherever appropriate. Sign each additional page that you attach if it refers to you or your record. Carefully read the certification before you sign it. Any questions regarding the form or how to complete it can be answered by your HUD Account Executive. Purpose: This form provides HUD/USDA FmHA with a certified report of all previous participation in relevant HUD/USDA programs by those parties submitting the application. The information requested in this form is used by HUD/USDA to determine if you meet the standards established to ensure that all controlling participants in HUD/USDA projects will honor their legal, financial and contractual obligations and are of acceptable risks from the underwriting standpoint of an insurer, lender or governmental agency. HUD requires that you certify and submit your record of previous participation, in relevant projects, by completing and signing this form, before your participation can be approved. HUD approval of your certification is a necessary precondition for your participation in the project and in the capacity that you propose. If you do not file this certification, do not furnish the information requested accurately, or do not meet established standards, HUD will not approve your certification. Note that approval of your certification does not obligate HUD to approve your project application, and it does not satisfy all other HUD program requirements relative to your qualifications. Who Must Sign and File Form HUD-2530: Form HUD-2530 must be completed and signed by all Controlling Participants of Covered Projects, as such terms are defined in 24 CFR part 200 §200.212, and as further clarified by the Processing Guide (HUD notice H 2016-15) referenced in 24 CFR §200.210(b) and available on the HUD website at: http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/mfh/prevparticipation. Where and When Form HUD-2530 Must Be Filed: The original of this form must be submitted to the HUD Office where your project application will be processed at the same time you file your initial project application. This form must be filed with applications for projects listed in 24 CFR §200.214 and for the Triggering Events listed at 24 CFR §200.218. Page 198 of 236 Page 4 of 4 Review of Adverse Determination: If approval of your participation in a HUD project is denied, withheld, or conditionally granted on the basis of your record of previous participation, you will be notified by the HUD Office. You may request reconsideration in accordance with 24 CFR §200.222 and further clarified by the Processing Guide. Request must be made in writing within 30 days from your receipt of the notice of determination. The Department of Housing and Urban Development (HUD) is authorized to collect this information by law 42 U.S.C. 3535(d) and by regulation at 24 CFR 200.210. This information is needed so that principals applying to participate in multifamily programs can become HUD-approved controlling participants. The information you provide will enable HUD to evaluate your record with respect to established standards of performance, responsibility and eligibility. Without prior approval, a controlling participant may not participate in a proposed or existing multifamily or healthcare project. HUD uses this information to evaluate whether or not controlling participants pose an unsatisfactory underwriting risk. The information is used to evaluate the potential controlling participants and approve only individuals and organizations that will honor their legal, financial and contractual obligations. Privacy Act Statement: The Housing and Community Development Act of 1987, 42 U.S.C. 3543 requires persons applying for a Federally-insured or guaranteed loan to furnish his/her Social Security Number (SSN). HUD must have your SSN for identification of your records. HUD may use your SSN for automated processing of your records and to make requests for information about you and your previous records with other public agencies and private sector sources. HUD may disclose certain information to Federal, State and local agencies when relevant to civil, criminal, or regulatory investigations and prosecutions. It will not be otherwise disclosed or released outside of HUD, except as required and permitted by law. You must provide all of the information requested in this application, including your SSN. Purpose: The information collected by form HUD-2530 is required for principals applying to participate in multifamily programs to become HUD-approved controlling participants. The information you provide will enable HUD to evaluate your record with respect to established standards of performance, responsibility, and eligibility. Routine Use: The information collected by this form will not be otherwise disclosed outside of HUD, except to public agencies and private sector sources for automated processing of your records and for requesting information about you for participant approval; to appropriate agencies, entities, and persons when it is reasonably necessary to mitigate a breach or related incident; to Federal, state and/or local agencies when relevant to civil, criminal, or regulatory investigations and prosecutions or for other inquiries. Disclosure: Providing the information is voluntary. You must provide all information requested in this application, including your SSN. Without prior approval or information, a controlling participant may not participate in a proposed or existing multifamily or healthcare project. SORN ID/URL:https://www.govinfo.gov/content/pkg/FR-2016-07-29/pdf/2016-18026.pdf Page 199 of 236 Page 5 of 4 Public reporting burden for this collection of information is estimated to average thr ee hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. A response is mandatory. Failure to provide any of the information will result in your disapproval of participation in this HUD program. Page 200 of 236 SIDEWALK S I D E W A L K 200 N O A K S T D R I V E W A Y 241,'%6#4'# $ 241,'%6#4'# # A. CONTRACTOR TO FURNISH AND/OR INSTALL: CONSTRUCTION NOTES: W.O. GRID SCALE DWG. No. SHEET of 22422 9 1 1 CITY OF UKIAH CONFERENCE CENTER PROJECT TITLE:APPROVED BY: AS BUILT NUMBER N.T.S. SCALE 1/4" = 1'-0" No.DSG. BYREVISIONS APPDCKDBY DATE DRAWN CHECKED SB2/24/22 ELECTRIC UTILITY DEPARTMENT DESIGNED SB DATE 8' Clearance From front of Transformer Required Remove and replace two flags of concrete and replace to match existing From the Electrical room Locate the customers side of the panel Trench and install 2-3" conduits and 1-1" conduit from location "A" to location"B" in the new concrete pad poured for the Generator From the Electrical room Locate the customers side of the panel Trench and install 2-3" conduits and 1-1" conduit from location "A" to location"B" in the new concrete pad poured for the Generator TRENCH SPECIFICATIONS Conduit exact location shall be Per Manufacturers Detail Pour an 8'x18'x6" Concrete pad Exact location to be determined in the field Slab and foundation work done by others. Page 201 of 236 /VOTES (So0 STD. DRG. NO. /OZ.) . Weakened P/one - //8" Wlde x /" Deep /n -r/dewo/k, //a" Wide I /- //2 " Deep in curb ond gutter. (10 m center) 2. Expansion Joints - Material to be //2" thick premolded joint fi//er, fu// thickness of concrete. Approved m8chon/co/ joinls moy b8 used in wolks /n /ieu of #xpons/on Jo/nts. Expansion Joints she// be placed in th8 s/dewo/k ut the some /ocal~on us those in the curb ond putter, when the sidewo/k is odjocent to the curb and gutter, unless otherwise directed by the Engineer. Distonce between joints 60 feet. Expansion joints shall be installed in the curb 8 gutter ot a// curb returns, and also ot ON diivewys 3. Score Morks - In sidewo/k 5' on center. In sidewa/k 6' or more in width, longitudinof score marks olonp center of wo/k. In areas with existing sidewo/k, score marks to match existing, or she// meet the OPPrOvOf of the City Engineer. 4. Closs 'k" concrete $.)o/l be used 5. Re/ative compoctian for aggregate base moterio/ 90 X 6. WeokenrdP/one shoN be mode ot both sides of vou/fs and catch bosins from bock of curb to bock of sidewalk. Page 202 of 236 Page 203 of 236 Item # Item Description Quantity Unit of Measure Unit Price Item Total Unit Price Item Total Unit Price Item Total 1 ALL NECESSARY LABOR, MATERIALS AND  EQUIPMENT TO EXCAVATE A TRENCH AND  INSTALL CONDUIT AS PER SPECIFICATION 22‐ 08. 1 LS $16,240.00 $16,240.00 $25,000.00 $25,000.00 $64,849.00 $64,849.00 Total Bid $16,240.00 $25,000.00 $64,849.00 Lanway Construction Concrete Listed Subs Base Bid Trench Work at the Ukiah Valley Conference Center ‐ Spec 22‐08 City of Ukiah Bid Opening:2022‐07‐28 Wipf Construction Diamond D Construction, LLC Coastal Mountain Electric ATTACHMENT 2 Page 204 of 236 Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482-5400 (707) 463-6200 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: 1.That the project described as: Trench Work at the UVCC – Spec 22-08. 2.That the nature of the work: Trench and Conduit Installation 3.That on the 13th day of September, 2022, the Contract work for this project was actually completed. 4.That the name and address of the Contractor is Wipf Construction LLC, PO Box 234, Ukiah CA 95482. 5.That the property location of work performed herein referred to is situated in the County of Mendocino, State of California, and is described as follows: Ukiah Valley Conference Center, 200 South School Street, Ukiah, CA. I hereby certify under penalty of perjury that the forgoing is true and correct: City Council Approval CITY OF UKIAH, a Municipal Corporation _________________ By: __________ Date Kristine Lawler, City Clerk Date State of California County of Mendocino Exempt from recording fees pursuant to Government Code Section 27383. ATTACHMENT 3 Page 205 of 236 Page 1 of 1 Agenda Item No: 8.f. MEETING DATE/TIME: 12/21/2022 ITEM NO: 2022-2287 AGENDA SUMMARY REPORT SUBJECT: Approval of a Budget Amendment in the Amount of $77,000 to Cover Ice Rink Personnel Costs which were Inadvertently Omitted During the Budget Process. DEPARTMENT: Finance PREPARED BY: Devon King, Assistant Accountant PRESENTER: Dan Buffalo, Finance Director ATTACHMENTS: None Summary: Council will consider approving a budget amendment in the amount of $77,000.00 for ice rink personnel costs. Background: The ice rink has been owned by the City for the last two years and has since been moved into its own special revenue fund. During the preparation process for the 2023 fiscal year budget, the personnel costs for part-time, seasonal employees were inadvertently omitted. Discussion: Staff is recommending that the City Council approve a budget amendment in the amount of $77,000 for the ice rink personnel cost. The Recreation team is projecting to earn $180,000 in revenue during fiscal year 2022-23 ice rink season, which will cover the costs of personnel, as intended. A budgetary surplus is expected after this adjustment for ice rink operations this fiscal year as the Community Services Department operates the program under a full cost recovery model. Recommended Action: Approve budget amendment of $77,000.00 for Ice Rink Personnel Costs. BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: 31422860.51120: $0 PROPOSED BUDGET AMOUNT: : 31422860.51120: $77,000.00 FINANCING SOURCE: Ice Rink current revenues PREVIOUS CONTRACT/PURCHASE ORDER NO.: NA COORDINATED WITH: Jessie Brunell; Senior Accountant, Jake Burgess; Community Services Supervisor, Olga Keough; Controller, Dan Buffalo; Finance Director DIVERSITY-EQUITY INITIATIVES (DEI): n/a CLIMATE INITIATIVES (CI): n/a Page 206 of 236 Page 1 of 2 Agenda Item No: 8.g. MEETING DATE/TIME: 12/21/2022 ITEM NO: 2022-2288 AGENDA SUMMARY REPORT SUBJECT: Approval of Budget Amendment in the Amount of $437,676.65 for Specification 19-01 Dora Utility Improvement Project. DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works ATTACHMENTS: None Summary: Council will consider approving a budget amendment in the amount of $437,676.65 for Spec 19-01 Dora Utility Project. Background: On April 20, 2022 Council awarded the construction contract for Specification 19-01 to Ghilotti Construction. The original contract award was for $4,376,766.45. This project replaced both water and sewer utilities, made pedestrian and ADA access improvements, installed necessary storm drains, and reconstructed the roadway on Dora Street from West Mill Street north to Grove Avenue. This project also included the restoration of Class 2 bike lanes in both directions. Discussion: The amount of this budget amendment is equal to 10% of the original contract amount. This 10% amount is to act as a contingency for any overages in quantities or small field decisions that may increase the price. The 10% was originally budgeted for throughout all three funds involved with this project. However, the actual 10% amount needed only involved the funding from fund 252, thus requiring the need for this budget amendment. This additional amount is required to pay for additional material quantities used in the construction of this project. These additional funds are utilizing the 2022 Lease Revenue Bonds that funded the street portion of this project. Recommended Action: Approve budget amendment in the amount of $437,676.65 for Spec 19-01 Dora Utility Improvement Project. BUDGET AMENDMENT REQUIRED: YES CURRENT BUDGET AMOUNT: 25224220.80230.18127: $270,872.98 PROPOSED BUDGET AMOUNT: 25224220.80230.18127: $708,549.63 FINANCING SOURCE: Lease Revenue Bonds PREVIOUS CONTRACT/PURCHASE ORDER NO.: C# 2122225 COORDINATED WITH: Tim Eriksen, Director of Public Works and Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI): CLIMATE INITIATIVES (CI): Page 207 of 236 Page 2 of 2 Page 208 of 236 Page 1 of 2 Agenda Item No: 13.a. MEETING DATE/TIME: 12/21/2022 ITEM NO: 2022-2289 AGENDA SUMMARY REPORT SUBJECT: Consider Adoption of Resolution Adopting a 2023 Advocacy Platform to Serve as Guidelines for Local, State, and Federal Legislative Matters. DEPARTMENT: City Manager / Admin PREPARED BY: Shannon Riley, Deputy City Manager PRESENTER: Shannon Riley, Deputy City Manager ATTACHMENTS: 1. Advocacy Platform_2023_redlined 2. Advocacy Platform and Resolution_2023_clean 3. 2023 League of CA Cities Priorities Summary: Council will consider adoption of a Resolution adopting a 2023 Advocacy Platform to provide guidance regarding local, state and federal legislative and judicial matters, and allow the City to weigh in on such matters in a timely fashion. An advocacy platform enables the Mayor and/or City Manager, or their designee, to submit letters or other filings on behalf of the City if the proposed matter is within the City’s adopted advocacy platform guidelines. Additionally, platform guidelines enable the City to actively participate in the regional, state and federal legislative processes on behalf of the City of Ukiah. Background: The ability of the City to serve the residents and provide for a thriving and sustainable community requires support from all levels of government. Local government is uniquely and best positioned to support, serve, and respond to community and individual needs. However, with local, state and federal legislative policy and judicial matters, action is often needed to support local government in having this impact. These legislative policies and legal actions can affect the City's ability to deliver services, shape what services are delivered, impact the resources available for services, and remove obstacles to delivering services. These policies sometimes require immediate attention. The Ukiah City Council has annually adopted a Platform and a corresponding resolution, most recently in January 2022. A number of new items, which reflect recent Council direction or current City activities, have been added to the document. New items are shown in redline on Attachment 1, and a clean version of the proposed 2023 Advocacy Resolution and Platform is provided as Attachment 2. Discussion: In order to fulfill the City’s commitment to the community, positive local, state and federal action-- including the allocation of resources--should be sought. The Advocacy Platform is also consistent with the 2023 goals and priorities of the League of California Cities ("the League"), provided as Attachment 3. The proposed 2023 Advocacy Platform from the City states it does not take positions on matters outside the scope and purpose of municipal government. Occasionally, the City is asked to take positions that do not materially affect the scope and purpose of our municipal government; these tend to be quality of life or social issues; or federal government matters like foreign policy. The Platform would not preclude the Mayor or Councilmembers from placing an item on the agenda for Page 209 of 236 Page 2 of 2 consideration. However, it would provide guidance to others about positions typically taken by the City Council. To this end, if the City should adopt/update the proposed 2023 Advocacy Platform, it would provide a guide for the City’s legislative advocates and highlight key issues important to the local community. The Platform provides 13 over-arching guiding principles intended for specific legislative and legal action and supports existing City Council-established goals and policies. The priorities outlined streamline the legislative approval process by providing clear direction on pertinent issues for our community. It is by no means all- encompassing. As previously stated, the Platform is reviewed by Council on an annual basis in coordination with the State’s legislative calendar, and will continue to be listed on the tracking calendar for Council review in December- January of each year. Staff recommends the adoption of the proposed Resolution that includes the 2023 Advocacy Platform providing overall guidance that allows the Mayor, and/or City Manager, or their designee, to send/file support or opposition to the League and other agencies/organizations to protect or advocate for our community. When such action is taken, the Council would be notified and provided a copy of the correspondence. Recommended Action: Adopt resolution adopting a 2023 Advocacy Platform to serve as guidelines for local, state, and federal legislative, administrative, regulatory and court matters. 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): Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policy-making, accountability, and delivery of City services. CLIMATE INITIATIVES (CI): Supports implementation of all adopted climate initiatives Page 210 of 236 1 20223 City of Ukiah Advocacy Platform Attachment 1 20232 Advocacy Platform PRIORITIES The City of Ukiah takes the following positions and the Mayor and the City Manager may send corresponding letters of opposition or support without further City Council action and, whenever filing deadlines preclude prior City Council action, may authorize naming the City as a party to an amicus brief to be filed in state or federal court, provided the City incurs no cost to join the amicus brief. A. Finance Protect Local Revenue Sources The City opposes attempts to decrease, restrict or eliminate city revenue sources and opposes any efforts at the local, state or federal level to retain additional revenues currently dedicated to local government for state purposes. Municipal Bond Tax Oppose any effort to eliminate, or cap, the tax-exempt status of municipal bonds, one of the few tools left for local governments to finance large capital projects. Replace Lost Redevelopment Funding Seek, promote, and implement any new or alternative approaches that may replace redevelopment funding mechanisms that deliver positive benefits to Ukiah. Unfunded Mandates Oppose measures that would impose State and Federal mandated costs for which there is no guarantee of local reimbursement or offsetting benefits (i.e., unfunded mandates). Control Workers’ Compensation and Public Retirement Costs Support legislation and policy that control escalating workers’ compensation and public retirement system costs to public agencies and taxpayers. B. Utilities Local Utility Services The City opposes any regulations or legislative actions or court decision that would eliminate or limit the City’s ability to provide utility services within the incorporated jurisdiction. Low Carbon Energy The City supports initiatives that remove policy barriers or create financial incentives to advance emerging low and zero-carbon technologies. Energy Value The City supports any legislative or regulatory action that increases the energy value for the electric customer and encourages policymaking that recognizes energy affordability. Cap and Trade Program The City supports the use of California Air Resources Board’s (CARB) Cap and Trade program allowances and energy resources that are clean, renewable and cost effective. Formatted: Indent: Left: 0.25" Formatted: Font: (Default) +Body (Calibri) Page 211 of 236 20232 City of Ukiah Advocacy Platform Wireless and Telecommunication Facilities Oppose any federal or state legislation or regulatory policy that would further erode the ability of local governments to regulate wireless and other telecommunication facilities. Local Water Use Control Support efforts to maintain and strengthen local control of water use and encourage water recycling and the many benefits of sustainability to Ukiah’s water supply, conserving the vital resource of potable water, and protecting our diverse water portfolio. C. Local Control Sustainable, Reliable Funding The City supports local, state and federal budget plans that provide sustainable, reliable funding for priority local government programs. Local Control and Streamlining Regulations The City values its ability and authority to exercise local control, enable excellent public services and protect and enhance the quality of life for Ukiah residents and businesses. The City supports efforts to streamline regulations that simplify the job of running the City and opposes efforts that erode the City’s authority to control its own affairs. Housing and Homelessness The City supports legislation that provides Cities additional funding and tools and preserves local authority to address housing production, affordability, and homelessness challenges. D. Transportation and Streets ` Transportation Infrastructure The City supports increases in transportation funding for local street and road improvements to promote investing in the maintenance and rehabilitation of aging infrastructure. Alternative Funding Solutions Support legislation that reduces local reliance on local gas tax revenues for roads and streets improvements and proposes new alternative funding solutions with longer-term sustainability E. Economic Development Economic Development Opportunities The City embraces efforts to obtain funding for economic development and environmental initiatives, including planning and implementation of regional transportation and traffic congestion relief projects, and the creation of affordable housing. The City also supports legislation that provides incentives for job creation and retention, including legislation that increases funding and allowable uses for the Community Development Block Grant program. F. Environmental Clean Environment The City supports policy that advocates for a clean environment and policy to improve environmental standards and promote sustainable energy policies. Page 212 of 236 20232 City of Ukiah Advocacy Platform G. Public Safety Public Safety Resources The City supports legislation and policies that enable local officials to access resources to provide quality police, fire, emergency management, emergency medical services, community paramedicine, youth violence prevention initiatives, and to engage the community in its own safety. Street Outreach Teams Support new funding from the county, state, and federal government for expanded Street Outreach Teams in collaboration with law enforcement, emergency medical services, community paramedicsfirst responders, and the County’s health and mental health departments for those affected by homelessness and mental health issues. Funding to Remove and Clean Homeless Encampments Support new funding from county, state, and federal sources for the legal removal and storage of homeless belongings and cleanup of areas impacted by illegal camping, including the abatement of abandoned vehicles. Supportive Programs and Solutions Support legislation that assists in preventing and reducing crime, such as intervention and prevention programs, mental health initiatives, enhanced protective equipment, and solutions for at-risk individuals. Support De-escalation Training Support police reform legislation that provides de-escalation training and the funding for such training, and that reduces unnecessary and excessive use of force. Graffiti Abatement Support legislation that would strengthen state graffiti law and provide local government revenue and resources for graffiti abatement. Speed Limits Support legislation that would allow local jurisdictions to set speed limits based upon safety findings and/or provide provisions for cost recovery of traffic enforcement. H. Parks, Open Space, and Community Sustainable Quality of Life The City values a sustainable quality of life and supports parks and open space, recreation facilities, environmental and climate protection, resource conservation, libraries, arts and culture and legislation and policies that emphasize sustainable development. Park Infrastructure Support legislation that provides funding for rehabilitation, development, and capital improvements of local parks, open space, and community facilities. Public Art Support legislation that provides funding to support public art, both performing and visual. Funding for Youth and Seniors Support legislation that provides local funding for youth and senior recreational and enrichment programming. Great Redwood Trail Support funding and legislation for the Great Redwood Trail, including streamlining the build-out of future segments and amenities and supporting railbanking, which preserves the opportunity for future transportation, utility, and other public infrastructure-related uses. Page 213 of 236 20232 City of Ukiah Advocacy Platform I. Emergency Management Disaster Management The City supports policy that helps improve disaster preparedness, response, recovery, and climate resiliency. Funding for Emergency Management Support legislation, strategies, and initiatives that provide increased local, state, and federal funding for emergency and disaster preparedness, planning, response, and recovery. J. Public Workforce Sustainable Pension and Retirement Health Benefi ts The City supports policy that promotes the sustainability of public pension and retirement health benefits. Competitive and Valuable Employment Advocate for legislation that supports the City’s ability to provide competitive and valuable employment opportunities. K. Planning and Land Use Projects in the Sphere of Influence Oppose project entitlements in areas outside the City limits, but within the City’s General Plan proposedadopted Ssphere of Iinfluence that do not conform to the development standards of the City or its 2040 General Plancurrent City standards and/or standards within the Ukiah Valley Area Plan. Changes of Organization Oppose requests for changes of organization (primarily, annexation) from other entities and agencies if those requests are done without prior collaboration with the City and are proposed within the City’s Sphere of Influence. Regional Planning Support regional planning initiatives, especially those that preserve and enhance agricultural resources and may increase the supply of housing and employment opportunities for residents. Long-Term Planning Support legislation and funding initiatives for long-term planning efforts related to affordable housing, agricultural and open-space preservation, economic development, and climate change adaptation and resiliency. Housing Pursue housing legislation to encourage expanding the housing supply in our area, including more flexibility for local jurisdictions to work together to provide housing that counts toward Regional Housing Needs Assessment (RHNA) requirements and the needs of the community. L. Diversity, Equity and Inclusion Equitable Access Support legislation and funding that helps the City of Ukiah provide residents with equitable access to City employment, programs and services. Page 214 of 236 20232 City of Ukiah Advocacy Platform Eliminating Barriers Support legislation and funding that will allow the City and its community partners to provide all residents with the tools necessary to grow and thrive. Community Engagement Support legislation and funding for the City and its community partners to proactively engage with residents on issues of prejudice, discrimination, and social justice to promote education, understanding, expanded opportunity, value, and acceptance of the diverse groups within our community, creating an environment where all feel welcome and safe in Ukiah. M. General Governance Consistency with Adopted Plans Support funding and legislation that supports implementation of goals and initiatives within the 2040 General Plan, the Diversity and Equity Action Plan, and the Climate Initiatives associated with Resolution 2022-44. Page 215 of 236 Page 1 of 6 RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AND ADOPTING A 2023 ADVOCACY PLATFORM WHEREAS; an advocacy platform is a tool that the City Council and staff can utilize to support the goals and objectives of the City; and WHEREAS, the Calif ornia State Legislature alone considers thousands of bills during each two- year legislative session, state and federal administrative agencies establish policies and engage in rule-making and many precedent setting decision are heard by the California and federal courts of appeal and the California and United States Supreme Court; and any number of these bills, administrative actions and regulations and court cases can affect cities—through changes in f unding, employment law, or water regulation as examples; and WHEREAS, development of an Advocacy Platform provides the opportunity to identify issues and priorities that may be addressed through legislative and administrative advocacy and amicus briefs to California and federal appellate courts; and WHEREAS, the City desires to be proactive and involved in the governmental, administrative and judicial decision-making process directly affecting the City of Ukiah and the League of Calif ornia Cities; and WHEREAS, the platform will also be used when applicable on other local, regional, state, and f ederal matters not evaluated by the League; and WHEREAS, adoption of a 2023 Advocacy Platform enables the City Council and staff to react quickly to most legislative or administrative issues or the filing of amicus briefs as they arise; and WHEREAS, the 2023 Advocacy Platf orm can be provided to State and Federal representatives so they are made aware of the issues that are important to Ukiah; and WHEREAS, the City Council wishes to adopt the 2023 Advocacy Platform which provides overall guidance that allows the City Manager and the Mayor, or their designee, to send letters of support or opposition to the League, the local, state and federal legislatures and administrative agencies and to participate in amicus briefs to the state and federal appellate courts in certain instances. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah hereby adopts a “2023 Advocacy Platf orm,” attached as “Exhibit A” to this Resolution. Further, any activity taken under the legislative platform will be reported to the City Council, and all letters of support/opposition will be documented and forwarded to the City Council and included within the “Petitions and Communications” section of the subsequent council meeting following issuance for public review. DULY AND REGULARLY ADOPTED this 21st day of December 2022. AYES: Councilmembers Sher, Orozco, Crane, Duenas, and Mayor Rodin NOES: None ABSTAIN: None ABSENT: None Mari Rodin, Mayor ATTEST: Kristine Lawler, City Clerk/CMC ATTACHMENT 2 Page 216 of 236 1 2023 City of Ukiah Advocacy Platform Exhibit A 2023 Advocacy Platform PRIORITIES The City of Ukiah takes the following positions and the Mayor and the City Manager may send corresponding letters of opposition or support without further City Council action and, whenever filing deadlines preclude prior City Council action, may authorize naming the City as a party to an amicus brief to be filed in state or federal court, provided the City incurs no cost to join the amicus brief. A. Finance Protect Local Revenue Sources The City opposes attempts to decrease, restrict or eliminate city revenue sources and opposes any efforts at the local, state or federal level to retain additional revenues currently dedicated to local government for state purposes. Municipal Bond Tax Oppose any effort to eliminate, or cap, the tax-exempt status of municipal bonds, one of the few tools left for local governments to finance large capital projects. Replace Lost Redevelopment Funding Seek, promote, and implement any new or alternative approaches that may replace redevelopment funding mechanisms that deliver positive benefits to Ukiah. Unfunded Mandates Oppose measures that would impose State and Federal mandated costs for which there is no guarantee of local reimbursement or offsetting benefits (i.e., unfunded mandates). Control Workers’ Compensation and Public Retirement Costs Support legislation and policy that control escalating workers’ compensation and public retirement system costs to public agencies and taxpayers. B. Utilities Local Utility Services The City opposes any regulations or legislative actions or court decision that would eliminate or limit the City’s ability to provide utility services within the incorporated jurisdiction. Low Carbon Energy The City supports initiatives that remove policy barriers or create financial incentives to advance emerging low and zero-carbon technologies. Energy Value The City supports any legislative or regulatory action that increases the energy value for the electric customer and encourages policymaking that recognizes energy affordability. Cap and Trade Program The City supports the use of California Air Resources Board’s (CARB) Cap and Trade program allowances and energy resources that are clean, renewable and cost effective. Page 217 of 236 2023 City of Ukiah Advocacy Platform Wireless and Telecommunication Facilities Oppose any federal or state legislation or regulatory policy that would further erode the ability of local governments to regulate wireless and other telecommunication facilities. Local Water Use Control Support efforts to maintain and strengthen local control of water use and encourage water recycling and the many benefits of sustainability to Ukiah’s water supply, conserving the vital resource of potable water, and protecting our diverse water portfolio. C. Local Control Sustainable, Reliable Funding The City supports local, state and federal budget plans that provide sustainable, reliable funding for priority local government programs. Local Control and Streamlining Regulations The City values its ability and authority to exercise local control, enable excellent public services and protect and enhance the quality of life for Ukiah residents and businesses. The City supports efforts to streamline regulations that simplify the job of running the City and opposes efforts that erode the City’s authority to control its own affairs. Housing and Homelessness The City supports legislation that provides Cities additional funding and tools and preserves local authority to address housing production, affordability, and homelessness challenges. D. Transportation and Streets ` Transportation Infrastructure The City supports increases in transportation funding for local street and road improvements to promote investing in the maintenance and rehabilitation of aging infrastructure. Alternative Funding Solutions Support legislation that reduces local reliance on local gas tax revenues for roads and streets improvements and proposes new alternative funding solutions with longer-term sustainability E. Economic Development Economic Development Opportunities The City embraces efforts to obtain funding for economic development and environmental initiatives, including planning and implementation of regional transportation and traffic congestion relief projects, and the creation of affordable housing. The City also supports legislation that provides incentives for job creation and retention, including legislation that increases funding and allowable uses for the Community Development Block Grant program. F. Environmental Clean Environment The City supports policy that advocates for a clean environment and policy to improve environmental standards and promote sustainable energy policies. Page 218 of 236 2023 City of Ukiah Advocacy Platform G. Public Safety Public Safety Resources The City supports legislation and policies that enable local officials to access resources to provide quality police, fire, emergency management, emergency medical services, community paramedicine, youth violence prevention initiatives, and to engage the community in its own safety. Street Outreach Teams Support new funding from the county, state, and federal government for expanded Street Outreach Teams in collaboration with law enforcement, emergency medical services, community paramedics, and the County’s health and mental health departments for those affected by homelessness and mental health issues. Funding to Remove and Clean Homeless Encampments Support new funding from county, state, and federal sources for the legal removal and storage of homeless belongings and cleanup of areas impacted by illegal camping, including the abatement of abandoned vehicles. Supportive Programs and Solutions Support legislation that assists in preventing and reducing crime, such as intervention and prevention programs, mental health initiatives, enhanced protective equipment, and solutions for at-risk individuals. Support De-escalation Training Support police reform legislation that provides de-escalation training and the funding for such training, and that reduces unnecessary and excessive use of force. Graffiti Abatement Support legislation that would strengthen state graffiti law and provide local government revenue and resources for graffiti abatement. Speed Limits Support legislation that would allow local jurisdictions to set speed limits based upon safety findings and/or provide provisions for cost recovery of traffic enforcement. H. Parks, Open Space, and Community Sustainable Quality of Life The City values a sustainable quality of life and supports parks and open space, recreation facilities, environmental and climate protection, resource conservation, libraries, arts and culture and legislation and policies that emphasize sustainable development. Park Infrastructure Support legislation that provides funding for rehabilitation, development, and capital improvements of local parks, open space, and community facilities. Public Art Support legislation that provides funding to support public art, both performing and visual. Funding for Youth and Seniors Support legislation that provides local funding for youth and senior recreational and enrichment programming. Great Redwood Trail Support funding and legislation for the Great Redwood Trail, including streamlining the build-out of future segments and amenities and supporting railbanking, which preserves the opportunity for future transportation, utility, and other public infrastructure-related uses. Page 219 of 236 2023 City of Ukiah Advocacy Platform I. Emergency Management Disaster Management The City supports policy that helps improve disaster preparedness, response, recovery, and climate resiliency. Funding for Emergency Management Support legislation, strategies, and initiatives that provide increased local, state, and federal funding for emergency and disaster preparedness, planning, response, and recovery. J. Public Workforce Sustainable Pension and Retirement Health Benefits The City supports policy that promotes the sustainability of public pension and retirement health benefits. Competitive and Valuable Employment Advocate for legislation that supports the City’s ability to provide competitive and valuable employment opportunities. K. Planning and Land Use Projects in the Sphere of Influence Oppose project entitlements in areas outside the City limits, but within the City’s adopted Sphere of Influence that do not conform to the development standards of the City or its 2040 General Plan. Changes of Organization Oppose requests for changes of organization (primarily, annexation) from other entities and agencies if those requests are done without prior collaboration with the City and are proposed within the City’s Sphere of Influence. Regional Planning Support regional planning initiatives, especially those that preserve and enhance agricultural resources and increase the supply of housing and employment opportunities for residents. Long-Term Planning Support legislation and funding initiatives for long-term planning efforts related to affordable housing, agricultural and open-space preservation, economic development, and climate change adaptation and resiliency. Housing Pursue housing legislation to encourage expanding the housing supply in our area, including more flexibility for local jurisdictions to work together to provide housing that counts toward Regional Housing Needs Assessment (RHNA) requirements and the needs of the community. L. Diversity, Equity and Inclusion Equitable Access Support legislation and funding that helps the City of Ukiah provide residents with equitable access to City employment, programs and services. Eliminating Barriers Support legislation and funding that will allow the City and its community partners to provide all residents with the tools necessary to grow and thrive. Page 220 of 236 2023 City of Ukiah Advocacy Platform Community Engagement Support legislation and funding for the City and its community partners to proactively engage with residents on issues of prejudice, discrimination, and social justice to promote education, understanding, expanded opportunity, value, and acceptance of the diverse groups within our community, creating an environment where all feel welcome and safe in Ukiah. M. General Governance Consistency with Adopted Plans Support funding and legislation that supports implementation of goals and initiatives within the 2040 General Plan, the Diversity and Equity Action Plan, and the Climate Initiatives associated with Resolution 2022-44. Page 221 of 236 League of California Cities 2023 Advocacy Priorities 1. Protect and expand investments to prevent and reduce homelessness. Secure sustainable state funding that bolsters cities’ efforts to support individuals experiencing, or at risk of, homelessness. While protecting existing resources, strengthen state and local partnerships to connect individuals with the care they need through coordinated care systems that provide access to wraparound services, including mental health and substance use treatment. 2. Increase the supply and affordability of housing while retaining local decision- making. Secure long-term, sustainable funding tools for cities to jumpstart the construction of housing at all income levels and ensure cities retain flexibility to achieve local and state housing goals. 3. Improve public safety in California communities. Pursue strategies and resources to address crime and its underlying causes. Partner with all levels of government and diverse organizations to improve community safety through prevention and early intervention programming, workforce recruitment and retention, and improved re- entry services. 4. Safeguard essential local revenues and support fiscal sustainability. Protect, increase, and modernize revenue streams for local priorities. Oppose efforts that would reduce or eliminate funding for cities, including unfunded mandates. Attachment 3 Page 222 of 236 Page 1 of 2 Agenda Item No: 14.a. MEETING DATE/TIME: 12/21/2022 ITEM NO: 2022-2274 AGENDA SUMMARY REPORT SUBJECT: Adoption of Resolution Extending the Terms of Three Members of the Planning Commission Until Seats are Filled Through the Appointment Process. DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk ATTACHMENTS: 1. Resolution - Planning Commission Summary: Council will consider adopting a resolution extending the terms of three members of the Planning Commission until seats are filled through the appointment process. Background: On February 17, 2021, the City Council adopted Ordinance No. 1211 that became Section 1151 of the City’s Municipal Code. Per Section 1151, members of the Planning Commission shall be appointed by a majority of the City Council, each to serve at the will of the City Council up to a term of four (4) years, and members of the Planning Commission may be appointed to successive terms by the City Council without limitations. Planning Commissioners Laura Christensen, Mark Hilliker, and Christopher Watt were appointed on December 19, 2018, to four-year terms, expiring on December 19, 2022. Christopher Watt resigned, and Ruth Van Antwerp was appointed on October 2, 2019, to fill his unexpired term. Then Ms. Van Antwerp also resigned, and Alex de Grassi was appointed on October 20, 2021, to fill the unexpired term of Ms. Van Antwerp and Mr. Watt. Discussion: The City Clerk has noticed the vacancies of the three positions on the Planning Commission, and will be accepting applications until January 20, 2023. Council will review the applications and make appointments at their February 1, 2023, regular meeting. To ensure continued voting members on the Planning Commission, Staff is recommending that Council adopt the Resolution (Attachment 1) extending the terms of the three expiring positions until the seats are filled through the appointment process. Recommended Action: Adopt the resolution extending the terms of three members of the Planning Commission until seats are filled through the appointment process. 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: Craig Schlatter, Community Development Director; Darcy Vaughn, Assistant City Attorney DIVERSITY-EQUITY INITIATIVES (DEI): N/A CLIMATE INITIATIVES (CI):N/A Page 223 of 236 Page 2 of 2 Page 224 of 236 RESOLUTION NO. 2022-XX RESOLUTION OF THE CITY OF UKIAH EXTENDING THE TERMS FOR THREE MEMBERS OF THE PLANNING COMMISSION OF THE CITY OF UKIAH UNTIL THEIR SEATS ARE FILLED THROUGH THE APPOINTMENT PROCESS. WHEREAS, Planning Commissioners Laura Christensen, Mark Hilliker, and Christopher Watt were appointed on December 19, 2018, to four-year terms, expiring on December 19, 2022; with Christopher Watt resigning, and Ruth Van Antwerp being appointed on October 2, 2019, to fill his unexpired term; and then Ms. Van Antwerp also resigning, and Alex de Grassi being appointed on October 20, 2021, to fill the unexpired term of Ms. Van Antwerp and Mr. Watt; and WHEREAS, Section 1151 of the Ukiah City Code also states that members of the Planning Commission may be appointed by utilizing a procedure approved by a majority vote of the City Council and may be required to complete an application; and WHEREAS, the City Clerk has noticed the vacancies of the three positions on the Planning Commission, and will be accepting applications until January 20, 2023. NOW, THEREFORE BE IT RESOLVED, that to ensure continued voting members on the Planning Commission, the Council of the City of Ukiah extends the terms of Laura Christensen, Mark Hilliker, and Alex de Grassi until their seats are filled through the appointment process. PASSED, ADOPTED and APPROVED this 21st day of December, 2022 by the following vote on roll call vote: AYES: NOES: ABSTAIN: ABSENT: _______________________________ Mari Rodin, Mayor ATTEST: _______________________________ Kristine Lawler, City Clerk ATTACHMENT 1 Page 225 of 236 Page 1 of 2 Agenda Item No: 14.b. MEETING DATE/TIME: 12/21/2022 ITEM NO: 2022-692 AGENDA SUMMARY REPORT SUBJECT: Review and Consider the Fiscal Year 2023-24 Budget Development Schedule. DEPARTMENT: Finance PREPARED BY: Dan Buffalo, Finance Director, Olga Keough, Controller, Mary Horger, Financial Services Manager, Jessie Brunell, Senior Accountant PRESENTER: Dan Buffalo, Finance Director; Olga Keough, Finance Controller; and Mary Horger, Financial Services Manager. ATTACHMENTS: 1. Budget Schedule 2023-24 Summary: The Council will receive and consider the City's operating and capital budget development and adoption schedule for the 2023-24 fiscal year. Note: This schedule is flexible and currently in draft. It may be revised as necessary. Councilmembers should review and hold dates/times on their calendar. Councilmembers should also report any potential conflicts to Dan Buffalo, Director of Finance. Background: California law requires that an annually-approved appropriation plan be considered for all local governmental entities. Most produce a budget to satisfy that requirement. The City of Ukiah will be implementing a new budget document for the 2023-24 fiscal year built on best practices, focused on clarity, and presented at the highest level of quality per the guidelines of the Government Finance Officers Association. Discussion: A sound, well-managed budget for a governmental entity is a living document. It is subject to regular review and amendment, is clear and understandable, is scrutinized frequently, and its development thoughtfully planned and executed. The City of Ukiah’s 2023-24 budget will exhibit these characteristics, starting with planning. The attached schedule (Attachment #1) outlines the development process, key dates, and milestones. The following are those of note: February 1, 2023: Finance reports City-wide operating results through mid-year; review and discussion of capital and special projects; Council will have an opportunity to review and update its strategic plan for the coming year. (Special Council meeting starting at 4:00 p.m.). March 15, 2023: City Council will hold the first special meeting beginning at 4:00 p.m. to receive an update on Objectives and Accomplishments from the City Manager's Office, Human Resources, Community Development and Electric departments. Individual departments are scheduled on proceeding Wednesdays at 4:00 p.m. on the following dates April 5 and April 19. April 3 - April 28: This is the review period for Finance and the City Manager's Office. This is when individual departmental budgets are aligned at the fund level to ensure requests are supported by available resources and meet the goals and priorities established by management and the City Council. May 17: City Council will hold a regular meeting beginning at 4:00 p.m. Review and discussion of budget Page 226 of 236 Page 2 of 2 development status and receive review/discuss the revised 5-year CIP, including consideration of Council feedback received on February 1. June 7: Overview presentation of budget proposal and discussion of changes from prior year during a special meeting/workshop beginning at 4:00 p.m. June 8: This is a special Council meeting beginning at 3:00 p.m. to receive department presentations. This is a time for Q&A, taking requests and making revisions. If necessary, June 9 at 3:00 p.m. has been scheduled to continue presentations and discussions. June 21: This is a regular Council meeting beginning at 6:00 p.m. to discuss final Q&A and tentative or final adoption. Another meeting will be scheduled for continuation if necessary to adopt the 2023-24 budget by June 30. This schedule is flexible and currently in draft. It may be revised as necessary. Knowing this going into the process creates the right frame of mind for everyone involved in developing what will be an end product that will be indelibly beneficial to Staff, Council, and the community. Recommended Action: Receive and consider the City's operating and capital budget development and adoption schedule for the 2023-24 fiscal year. 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 227 of 236 Finance Department Rev 12/15/2022 Budget Development Schedule (Working Draft) Attachment 1 Fiscal Year: 2023-24 Activity Tasks Start Date Completion Date Budget Schedule Release • Preliminary Budget Schedule released December 21 Budget Memo released • Budget Memo released January 16 Trainings: Scheduled standing appointment/as needed/requested • 5-year CIP update • Department Narrative Development • Munis budget entry January 16 February 27 Department Narrative • 22-23 Accomplishments • 23-24 Objectives • Department Narrative January 16 January 30 Personnel Requests Utilities and Public Works CIP Development • Personnel changes and requests due to HR • 5-Year CIP development January 16 February 6 Budget Kick-off Meeting • Budget schedule and budget memo review. • Narrative updates • Capital budget updates • Special considerations for this year’s budget preparation January 23 2:00 pm City Council: Mid-year Review 5-Year CIP review (Workshop) • Finance reports City-wide operating results through mid-year • CIP introduction and overview • Request of Council for CIP for coming year • Council strategic planning February 1 4:00 pm City Council: Mid-year Review 5-Year CIP review (Workshop) CIP Development • Departments to begin developing updates to the 5- year CIP February 6 February 28 Department initiation • UVFA • UVSD • Schedule budget meetings with Departments • Distribute budget workbooks • Begin budget planning • Start drafting MOU’s with UVSD for Capital Projects February 6 February 28 General fund pre- approved budget sums released • Departments that operate in the general fund will receive a pre-approved budget amount for non- personnel, non-capital accounts. • Departments must not exceed that amount with their initial budget requests. • Capital accounts do not apply to this new process. • Personnel accounts do not apply to this new process as they are governed by personnel requests approved by HR and the City Manager. • Requests for additional appropriation may be submitted after March 31 when Finance has completed its initial budget review. More details on this process will be forthcoming after April 1. February 15 Page 228 of 236 Finance Department Rev 12/15/2022 Activity Tasks Start Date Completion Date Budget training – Munis Central Budget (Virtual) By appointment/as needed/requested • Munis module will be open for entry March 1 March 28 Department Budget entry • Revenue estimates and budget allocations provided to departments • General Fund Munis open for budget entry • Any remaining updates to Accomplishments/Objectives March 1 March 31 City Council: CIP In- Depth Review • CIP In-depth review and discussion March 1 City Council update on Objectives and Accomplishments (Workshop) • City Manager’s Office • Community Development • Electric Utility Department • Airport March 15 4:00 pm City Council update on Objectives and Accomplishments (Workshop) • Human Resources • Public Works • Water Resources April 5 4:00 pm City Manager and Finance review of budget requests • Review appropriation requests • Meet with Finance for discussion/analysis • Finance to conduct preliminary revenue forecasts for all major funds April 3 April 28 UVFA Preliminary Budget to Executive Committee • Draft budget to UVFA Executive Committee April 11 City Council update on Objectives and Accomplishments (Workshop) • Fire Department • Police Department • Community Services • Finance April 19 4:00 pm Reconciled Budget Meetings with City Manager • First-round budget meetings with Departments and CM/Finance Discussion of appropriation requests • Finalize initial appropriation requests Second-round will be scheduled as needed April 20 April 28 Draft Budget • Draft budget to UVSD • UVSD draft budget due to the City May 1 May 30 Finalize Draft Budget Document • Finalize revenue estimates • Complete special revenue funds and trust/agency funds • Circulate for review/edits May 1 May 19 Budget Training and Review with Council (Regular City Council Meeting) • Review/discussion of Budget Development Status • Review/discussion of revised 5-year CIP, including consideration of Council feedback received at February 1st meeting May 17 4:00 pm Page 229 of 236 Finance Department Rev 12/15/2022 Activity Tasks Start Date Completion Date Budget Hearing with Council (Workshop) • Overview presentation of budget proposal • Discussion of changes from prior year • Take questions and requests from Council June 7 4:00 PM Budget Hearing (cont.)- Department presentations (Special City Council Meetings) • Department presentation • Discussion and Q&A • Take requests and revisions June 8 3:00 PM Budget Hearing (cont.) Department presentations, If necessary (Special City Council Meetings) • Department presentation • Discussion and Q&A • Take requests and revisions June 9 3:00 pm Budget Hearing (cont.) Adoption of either final or tentative (Regular City Council Meeting) • Final Q&A • Adoption – tentative or final June 21 6:00 pm Budget Hearing (cont.), if needed Adoption of either final or tentative (Special City Council Meeting) • Final Q&A • Adoption – tentative or final TBD if needed Page 230 of 236 Page 1 of 1 Agenda Item No: 14.c. MEETING DATE/TIME: 12/21/2022 ITEM NO: 2022-2276 AGENDA SUMMARY REPORT SUBJECT: Discussion and Possible Action Regarding the Cancellation of the January 18, 2023, Regular City Council Meeting, and the Scheduling of a Special City Council Meeting on January 11, 2023, or Alternate Date if Desired. DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk ATTACHMENTS: None Summary: Council will consider cancelling the January 18, 2023, Regular City Council Meeting, due to scheduling conflicts, including the League of California Cities New Mayors and Council Members conference that takes place on the same date. To accommodate this cancellation, Staff is recommending that Council schedule a Special City Council Meeting on January 11, 2023. Background: City Council has regular meetings scheduled for the first and third Wednesdays of each month, with a regularly scheduled meeting on January 18, 2023. Staff has become aware that there are scheduling conflicts with the January 18th date, as some Councilmembers will be attending the League of California Cities New Mayors and Councilmembers conference, while others will be out of town. Discussion: Staff is recommending the cancellation of the January 18, 2023, regular meeting, and scheduling a Special Council meeting on January 11, 2023, to take care of January business items. Alternatively, the Council can consider a different date/time if desired. Recommended Action: Approve the cancellation of the January 18, 2023, Regular City Council Meeting, and the scheduling of a Special City Council Meeting to be held on January 11, 2023. 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: City Manager's Office and Department Directors DIVERSITY-EQUITY INITIATIVES (DEI):N/A CLIMATE INITIATIVES (CI):N/A Page 231 of 236 Page 1 of 2 Agenda Item No: 14.d. MEETING DATE/TIME: 12/21/2022 ITEM NO: 2022-2286 AGENDA SUMMARY REPORT SUBJECT: Receive Updates on City Council Committee and Ad Hoc Assignments, and Initiate Review of the 2023 Council Assignments List. DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Mayor Rodin and City Manager Sangiacomo ATTACHMENTS: 1. Draft 2023 City Council Special Assignments Summary: City Council members will provide reports and updates on their committee and ad hoc assignments. Each year following the rotation of the mayor position, the incoming mayor leads a review of assignments. The Council will begin review of committee assignments, which will come back at the January 2023 City Council meeting for finalization. Background: City of Ukiah Councilmembers take an active role in various commissions and committees that are part of city, county, regional, and statewide governance and interests. Each year, the incoming mayor leads a discussion and makes annual appointments for members assigned to the various groups. The assignments are broken out into four categories as follows: County / Regional (On-going; Principal Representative + Alternate) - The City takes part in decision making by these groups and is represented by an appointed member, who has a designated alternate. These assignments typically require attendance at a monthly (or other interval) meeting. County / Regional (On-going; One + Staff Alternate) - The City takes part in discussions, may be a member of the Board, or have ex officio status (observer). City staff is active with these groups and serves as an alternate or single representative for the City. These groups typically have monthly meetings. Local / County / Regional Liaisons (On-Going; One or Two Council and/or Staff) - This group varies; some meetings are regularly scheduled and others are arranged occasionally as needed. This group includes appointments that may, from time to time, include a Board seat for a City Council member. Ad Hoc Committees (Limited Time; One or Two Council + Principal Staff Support) - The City Council may establish and appoint ad hoc committees at any time throughout the year. Ad Hoc Committees are established on an as needed, temporary basis for the purpose of addressing particular issues and will disband once the work is complete. ***Note: Although the Council Ad Hoc Committees are a part of the Council Special Assignment List, they are officially appointed by the Council at various meetings, and are subject to Council approval for any changes. Discussion: The Mayor is currently reviewing the 2023 City Council Special Assignments List in anticipation of a discussion item at the January 2023 Council Meeting. Attachment #1 is the draft assignment list and ad hoc committees showing the vacancies left by departed Councilmember Jim O. Brown and others (delineated by Page 232 of 236 Page 2 of 2 line/strikethrough edits). In addition, ad hoc committees highlighted in red are recommended by staff for disbandment. Mayor Rodin is requesting that Councilmembers send the City Clerk via email their preferences for specific assignments they are seeking or would like to relinquish. Preferences need to be received by December 31st so that the information can be prepped for the January discussion item. Recommended Action: 1) Receive report(s); 2) Initiate review of the 2023 Special Assignments, which will be finalized at the January 2023 Council Meeting. 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: Mayor Rodin and City Manager Sangiacomo Page 233 of 236  2022 CITY COUNCIL SPECIAL ASSIGNMENTS COUNTY/REGIONAL OnGoing One + Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT 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 Tami Bartolomei, Office of Emergency Management Coordinator; 467-5765 tbartolomei@cityofukiah.com Traci Boyl, City Manager's Office Management Analyst; 467- 5720; tboyl@cityofukiah.com Greater Ukiah Business & Tourism Alliance 3rd Tuesday of month, 11:30 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 Duenas Rodin - 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 Brown Rodin- Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@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 Orozco Brown- Alternate Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com 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 Brown Duenas- 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 Duenas Orozco - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com North Coast Opportunities (NCO)4th Wednesday of month, 2 p.m. Alternating locations - Ukiah and Lakeport Ross Walker, 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 North Coast Rail Authority (NCRA)2nd Wednesday of month, 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 Shannon Riley, Deputy City Manager Shannon Riley, Deputy City Manager; 467-5793 sriley@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 Association Attn: Daria Isupov 425 South Main St., Sebastopol, CA 95472 508-3670 Consider issues related to Russian river - plans projects and funding requests Rodin Brown- Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@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 Nicole French 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 COUNTY/REGIONAL One + Staff Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT 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 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 Orozco Neil Davis- Alternate David Burton, Museum Director; 467-2836 dburton@cityofukiah.com Continued - COUNTY/REGIONAL One + Staff Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT 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, Patrol Lieutenant Cedric Crook, Patrol Lieutenant Nob; 463- 6771; ccrook@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 1 12/15/2022 ATTACHMENT 1 Page 234 of 236  2022 CITY COUNCIL SPECIAL ASSIGNMENTS LOCAL/COUNTY/REGIONAL/LIASONS OnGoing One or Two Council and/or Staff MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT 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 Rodin Orozco-Alternate Sage Sangiacomo, City Manager; 463-6221 ssangiacomo@cityofukiah.com 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 Kristine Lawler, City Clerk; 463-6217 klawler@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 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 Supervisor Mulheren Kristine Lawler, City Clerk; 463-6217; klawler@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 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 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 Craig Schlatter, Director of Community Development; 463-6219; cschlatter@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 Owen/Schlatter Greg Owen, Airport Manager; 467-2855; gowen@cityofukiah.com Craig Schlatter, Director of Community Development; 463-6219; cschlatter@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 Brown 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 Brown Shannon Riley, Deputy City Manager; 467-5793 sriley@cityofukiah.com LOCAL/COUNTY/REGIONAL/LIASONS OnGoing One or Two Council and/or Staff MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Fire Executive Committee 2nd Wednesdays of month, 3:45 p.m. Ukiah Valley Conference Center, 200 S. School Street Ukiah, CA Stephanie Abba 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/Brown Doug Hutchison, Fire Chief; 463-6263; dhutchison@cityofukiah.com STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Equity and Diversity 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 2 12/15/2022 Page 235 of 236 COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT Notes/Comments Electric Grid Operational Improvements Crane/Orozco Cindy Sauers, Electric Utility Director; 463-629586 csauers@cityofukiah.com Trench Cut Policy Development Crane/Brown Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com   Budget Development Best Practices and Financial Policy For FY 22/23 Budget Crane/Brown Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com Sheri Mannion, Human Resource Director/Risk Manager; 463-6272, smannion@cityofukiah.com Staff Recommends Elimination; Work  Completed; Future policy issues to be  considered and addressed during  budget development with the City  Council as needed.    Advance Planning & Policy for Sphere of Influence (SOI), Municipal Service Review (MSR), Annexation, Tax Sharing, Detachment, and Out of Area Service Agreements Crane/Rodin Sage Sangiacomo, City Manager 463-6221 ssangiacomo@cityofukiah.com Shannon Riley, Deputy City Manager 467-5793 sriley@cityofukiah.com Craig Schlatter, Community Development Director 463-6219 cschlatter@cityofukiah.com Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Cindy Sauers, Electric Utility Director; 463-629586 csauers@cityofukiah.com Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com 2021 Electric Rate Study Crane/Duenas Cindy Sauers, Electric Utility Director;  463‐6286 csauers@cityofukiah.com Staff Recommends Elimination; Work  Completed Housing Policy Rodin/Orozco Craig Schlatter, Community Development Director 463-6219 cschlatter@cityofukiah.com Staff Recommends Elimination; Future  policy issues to be considered and  addressed with the City Council as  needed.    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/Brown Dan Buffalo, Director of Finance;  463‐6220 dbuffalo@cityofukiah.com Sean White, Water Resources Director 463‐5712 swhite@cityofukiah.com    Upper Russian River Water Agency/City Relations Crane/Brown Sean White, Director of Water Resources;  463‐5712 swhite@cityofukiah.com    Staff Recommends Elimination given  the formation of the Special District  Ad‐hoc.   Orr Street Bridge Corridor Rodin/Duenas 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   Cannabis Ordinance Modifications Duenas/Brown Craig Schlatter, Community Development Director 463‐6219 cschlatter@cityofukiah.com Staff Recommends Elimination; Ad hoc  work completed; policy modifications  moving to Planning Commission for  consideration prior to City Council  review. Special Districts (Water District Consolidation)Brown/Crane Shannon Riley, Deputy City Manager 467‐5793 sriley@cityofukiah.com   Public Financing Rodin/Orozco Dan Buffalo, Director of Finance;  463‐6220 dbuffalo@cityofukiah.com Staff Recommends Elimination; Work  Completed Corp Yard Crane/Brown Jason Benson, Senior Civil Engineer  463‐6284 jbenson@cityofukiah.com   Police Chief Recruitment Brown/Rodin Shannon Riley, Deputy City Manager 467‐5793 sriley@cityofukiah.com   Great Redwood Trail Rodin/Duenas Neil Davis, Community Services Director 467‐5764 ndavis@cityofukiah.com   City Manager Review Rodin/Brown Sheri Mannion, Human Resources Director 463‐6244 smannion@cityofukiah.com Eliminate; reestablish as needed City/District Review of 2019/22 Proposed Fire Code Crane/Orozco Doug Hutchison, Fire Chief 463‐6263 dhutchison@cityofukiah.com   2022 AD HOC COMMITTEES 3 12/15/2022 Page 236 of 236