HomeMy WebLinkAbout2024-02-21 CC PacketPage 1 of 6
City Council
Regular Meeting
AGENDA
(to be held both at the physical and virtual locations below)
Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482
To participate or view the virtual meeting, go to the following link: https://us06web.zoom.us/j/97199426600
Or you can call in using your telephone only:
• Call (toll free) 1-888-788-0099
• Enter the Access Code: 971 9942 6600
• To Raise Hand enter *9
• To Speak after being recognized: enter *6 to unmute yourself
Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting
at www.cityofukiah.com/meetings.
February 21, 2024 - 6:00 PM
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
4.a. Proclamation of the Ukiah City Council Recognizing March as Women’s History Month.
Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing March as
Women's History Month.
Attachments:
1. Proclamation
2. Flyer - Womens History Gala Celebration
4.b. 2023/2024 Ukiah On Ice Presentation.
Recommended Action: Receive Report
Attachments:
1. Attachment 1 - Ukiah On Ice sponsors
5. PETITIONS AND COMMUNICATIONS
6. APPROVAL OF MINUTES
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6.a. Approval of the Minutes for the February 7, 2024, Special Meeting.
Recommended Action: Approve the Minutes for the February 7, 2024, Special Meeting.
Attachments:
1. 2024-02-07 Draft Minutes - Special Meeting
6.b. Approval of the Minutes for the February 7, 2024, Regular Meeting.
Recommended Action: Approve the Minutes for the February 7, 2024, Regular Meeting.
Attachments:
1. 2024-02-07 Draft Minutes - Regular Meeting
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 2023.
Recommended Action: Approve the report of disbursements for the month of November 2023.
Attachments:
1. November 2023 Summary of Disbursements
2. Account Codes for Reference
3. Object Codes for Reference
4. November 2023 Disbursement Detail
8.b. Consideration of the Approval of a Change Order in the Amount of $13,567.14 for the Yardney
Filters Replacement Project from Durham Pump & Irrigation at the Wastewater Treatment
Plant.
Recommended Action: Approve a change order in the amount of $13,567.14 for the Yardney
Filters Replacement Project from Durham Pump & Irrigation.
Attachments:
1. Staff Report from June 7, 2023
2. Durham Pump & Irrigation Sales Order
8.c. Possible Adoption of Ordinance Imposing Possible Civil Penalties for Failure to Abate Public
Nuisances on Residential Property.
Recommended Action: Adopt the Ordinance Imposing Possible Civil Penalties for Failure to
Abate Public Nuisances on Residential Property.
Attachments:
1. Residential Public Nuisance Civil Penalties Ordinance
8.d. Possible Adoption of an Ordinance Amending Division 9, Chapter 1 of the Ukiah City Code
Article 17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers).
Recommended Action: Adopt an ordinance amending Division 9, Chapter 1 of the Ukiah City
Code Article 17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers).
Attachments:
1. Lot Line Adjustment & Merger - Redlined Regulations
2. Lot Line Adjustment & Merger - Ordinance
8.e. Possible Adoption of Resolution Authorizing the Submittal of an Application to the California
Department of Housing and Community Development for Funding under Round 2 of the
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Prohousing Incentive Pilot Program; and if Selected, Authorize the City Manager to Execute a
Standard Agreement, Any Amendments Thereto, and of Any Related Documents Necessary to
Participate in the Prohousing Incentive Pilot Program, as well as Authorization of the
Corresponding Budget Amendments.
Recommended Action: Adopt resolution authorizing submittal of an application from the City of
Ukiah to HCD for $530,000 in funding under Round 2 of the Prohousing Incentive Pilot Program;
and if the City is selected for award, authorize the City Manager to execute the standard
agreement, any amendments thereto, and any related documents necessary; and authorize any
corresponding budget amendments.
Attachments:
1. pip-nofa-2-guidelines
2. pip-nofa-2-app
3. PIP - Proposed Resolution
4. 2017_Housing_Strategy
8.f. Consideration of an Amendment to Contract for Medical Control Oversight with Dr. Brandon
Begley, Increasing the Annual Compensation to $52,000.00 for the Third Year of the Contract.
Recommended Action: Approve amendment to contract for Medical Control Oversight with Dr.
Brandon Begley, increasing the annual compensation to $52,000.00 for the third year of the
contract.
Attachments:
1. ASR - Item 7e 3-17-21
2. Contract 2021-181
3. Amendment 1 - Draft
8.g. Authorize City Manager or Designee to Accept Chapter 11 Bankruptcy Plan for Claims Related
to Opioid Settlement Funds Allocated to the City of Ukiah.
Recommended Action: Authorize the City Manager or designee to accept Chapter 11 Bankruptcy
Plan as holder of Local Government Opioid Claim against Endo International, a defendant in the
National Opioid Settlement.
Attachments:
1. Official Committee of Opioid Claimants Letter
8.h. Notification to City Council of Purchase of Equipment from Stryker Corp. in the Amount of
$83,293.42 for the Ukiah Valley Fire Authority.
Recommended Action: Receive notification of equipment purchase from Styker Corporation.
Attachments:
1. 00048529
2. Q10842885 for PO 48529
3. 00048530
4. Q10842897 for PO 48530
8.i. Approval of Notice of Completion of the Grace Hudson Museum Roof Replacement Project,
Specification 23-05.
Recommended Action: Approve the Notice of Completion of the Grace Hudson Museum Roof
Replacement Project, Specification 23-05.
Attachments:
1. Awarding ASR
2. Spec 23-05 - Grace Hudson Museum Roof Replacement Negotiated Contract
3. San Francisco Roofing Bid
4. Change Order 1 - Spec 23-05 - fully executed (1)
5. Notice of Completion
9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
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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)
12.a. Consideration and Possible Adoption of a Resolution Amending the Fee Schedule for the
Planning and Building Divisions of the Community Development Department.
Recommended Action: Adopt Resolution amending the Fee Schedule for the Planning and
Building Divisions of the Community Development Department.
Attachments:
1. 2023 Fee Comparisons with other Jurisdictions
2. Cost of Services Analysis Planning Building 2024
3. Planning-Services-Fees-2023_Final
4. 2024 Resolution Planning and Building Fees
13. UNFINISHED BUSINESS
13.a. Possible Approval of Joint Exercise of Powers Agreement for the Ukiah Valley Water Authority
and if Approved Appoint Two Representatives to the Ukiah Valley Water Authority.
Recommended Action: Approve the Joint Exercise of Powers Agreement for the Ukiah Valley
Water Authority and authorize the City Manager to execute the agreement on behalf of the City,
and to make any modifications that do not make material, substantive changes to the agreement,
including approval of Exhibits A-C thereto, and if approved appoint two representatives to the
Ukiah Valley Water Authority.
Attachments:
1. UVWA.JPA.Final 02142024
13.b. Possible Adoption of Resolution Making Findings of Fact Regarding the Need for Additions and
Amendments to the California Fire Code, Including the National Fire Protection Association
(NFPA) 1 Chapter 38 Due to Local Conditions; and Consideration and Possible Introduction of
an Ordinance by Title Only to Adopt the Amended 2022 California Fire Code.
Recommended Action: Adopt resolution making Findings of Fact regarding the need for additions
and amendments to the California Fire Code, including the National Fire Protection Association
(NFPA) 1 Chapter 38 due to local conditions; and introduce an Ordinance by title only to adopt the
amended 2022 California Fire Code.
Attachments:
1. 13a Proposed Resolution
2. Proposed 2022 Fire Code Ordinance - Redline
3. Proposed 2022 Fire Code Ordinance - Clean
13.c. Annual Report on Climate Initiatives.
Recommended Action: Receive the report on Climate Initiatives.
Attachments:
1. CC Reso 2022-44 - Endorsing Climate Emergency Action
2. Climate Emergency Action_2023 action items
14. NEW BUSINESS
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14.a. Discuss and Provide Direction for the Establishment of an Oversight Committee, with Possible
Appointments, to Review Measure P Expenditures for Fiscal Years 2021 and 2022 per
Resolution 2014-28 as well as Fiscal Years 2023 and 2024.
Recommended Action: Approve the establishment of an Oversight Committee to review Measure
P expenditures for the fiscal years 2021 and 2022, as well as 2023 and 2024; and appoint Max
Brazill representing the Ukiah Police Department; Tony Selvitella representing the Ukiah Valley
Fire Authority; and three community members as persons representing members at large to the
Measure P Oversight Committee.
Attachments:
1. Resolution 2014-28
14.b. Review and Update, if Warranted, the Ukiah City Council Strategic Plan.
Recommended Action: Review the Ukiah City Council Strategic Plan and provide direction as may
be warranted to update the document.
Attachments:
1. Draft City Council Strategic Plan 24
14.c. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary,
Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s); and
Committee Appointments to serve on the Community Health Needs Assessment (CHNA)
Steering Committee with Adventist Health.
Recommended Action: Receive report(s). The Council will consider modifications to committee
and ad hoc assignments along with the creation/elimination ad hoc(s).
Attachments:
1. 2024 City Council Special Assignments and Ad Hocs
15. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING
15.a. Conference with Legal Counsel – Anticipated Litigation
(Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section
54956.9: (1 case)
15.b. Conference with Legal Counsel – Anticipated Litigation
(Government Code Section 54956.9(d)(4))
Initiation of litigation (2 cases)
15.c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200
15.d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612
15.e. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036
15.f. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Jane Doe v. City of Ukiah et al., U.S.D.C. (Eureka Division) Case No. 123-cv-
009808.
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15.g. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(1)(d))
Name of case: Plaintiff v. City of Ukiah et al., Mendocino County Superior Court Case No.
22CV01113
15.h. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 184-080-37;184-080-36; 184-090-01; 184-090-07; 184-090-06; 184-100-04
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Henry's Original
Under Negotiation: Price & Terms of Payment
15.i. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 180-110-07
Negotiator: Shannon Riley, Deputy City Manager
Negotiating Parties: GMB Realty Partners, Inc.
Under Negotiation: Price & Terms of Payment
15.j. Public Employee Appointment
(Government Code Section 54957)
Title: (City Appointment to City Civil Service Commission)
15.k. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
16. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services
are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with
disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are
available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business
hours, Monday through Friday, 8:00 am to 5:00 pm. Any handouts or presentation materials from the public must be submitted to the clerk 48
hours in advance of the meeting; for handouts, please include 10 copies.
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, CMC/CPMC
Dated: 2/15/24
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Agenda Item No: 4.a.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1516
AGENDA SUMMARY REPORT
SUBJECT: Proclamation of the Ukiah City Council Recognizing March as Women’s History Month.
DEPARTMENT: City Manager /
Admin PREPARED BY: Kristine Lawler, City Clerk
PRESENTER: Susan Sher, Councilmember
ATTACHMENTS:
1. Proclamation
2. Flyer - Womens History Gala Celebration
Summary: Council to issue a proclamation recognizing March as Women's History Month.
Background: The City celebrates and honors women and their contribution to our community annually during
the month of March. In March of 1983, the first Women's History Gala Celebration in Mendocino County was
held at Anderson Valley High School. Thereafter, each year (with the exception of 2021 due to COVID-19) the
event has been held in the City of Ukiah, with the March 3rd celebration marking its 40th anniversary.
Discussion: At the February 21, 2024, Regular Meeting, the City Council will issue a Proclamation
(Attachment 1) recognizing March as Women's History Month. In addition to the proclamation, the Mendocino
Women's Political Coalition (MWPC) and the Ukiah chapter of the American Association of University Women
(AAUW) will present the 40th Annual Women's History Gala Celebration scheduled to take place at the
SPACE Theater on March 3, 2024, at 12:00 p.m (Attachment 2).
Recommended Action: Issue a Proclamation of the Ukiah City Council recognizing March as Women's
History Month.
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: Councilmember Sher
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 4 – Identify and actively engage underrepresented
communities in which to retain, expand, develop, and implement programs.
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
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March 2024 as “Women’s History Month” and the 40th Annual
Women’s History Gala Celebration in the City of Ukiah
Whereas, Women’s History Month began as a local celebration in Santa Rosa,
California when in 1978, the Education Task Force of the Sonoma County Commission
on the Status of Women planned and executed a “Women’s History Week” celebration.
The organizers selected the week of March 8 to correspond with International
Women’s Day. The movement spread across the country as other communities initiated
their own Women’s History Week celebrations the following year; and
Whereas, in 1980, a consortium of women’s groups and historians—led by the
National Women’s History Project (now the National Women's History Alliance)—
successfully lobbied for national recognition. In February 1980, President Jimmy Carter
issued the first Presidential Proclamation declaring the Week of March 8, 1980, as
National Women’s History Week; and
Whereas, in March 1983 the first Women’s History Gala Celebration in Mendocino
County was held at Anderson Valley High School. Thereafter, each year (with the
exception of 2021 due to COVID-19), it has been held in the City of Ukiah; and
Whereas, on March 3, 2024, the Mendocino Women’s Political Coalition (MWPC)
and the Ukiah chapter of the American Association of University Women (AAUW) will
present the annual Mendocino County Women’s History Gala Celebration marking its
40th anniversary; and
Whereas, these aforementioned women’s organizations continue to work to increase
and acknowledge the roles of women at all levels of community and public service, and
to become knowledgeable about issues that affect their equality and to foster networks
that extend and expand the creative, social and political strength of women; and
Whereas, promoting and celebrating the equality and achievements of all women
continue to be at the core of this 2024 celebration of Women’s History, and the tradition
of the annual Women’s History Gala Celebration is to recognize and honor particular
local women who exemplify each year’s designated theme for contributions in their
communities through their fields of work; and
Whereas, at this year’s Women’s History Gala Celebration, women will be honored
who embody this year’s theme, “Women Who Advocate for Equity, Diversity and
Inclusion.” The theme recognizes women throughout the country who understand that,
for a positive future, we need to eliminate bias and discrimination entirely from our lives
and institutions.
Therefore be it resolved, that the City Council of the City of Ukiah hereby joins
other communities in the nation in proclaiming the month of March to be Women’s
History Month and recognizes and celebrates the:
40th Anniversary of the Women’s History Gala Celebration on
March 3, 2024.
Signed and sealed, this 21st day of February
in the year Two Thousand and Twenty-Four.
____________________________
Josefina Dueñas, Mayor
ATTACHMENT 1
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ATTACHMENT 2
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Agenda Item No: 4.b.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1529
AGENDA SUMMARY REPORT
SUBJECT: 2023/2024 Ukiah On Ice Presentation.
DEPARTMENT: Community Services PREPARED BY: Jake Burgess, Community Services Supervisor
PRESENTER: Jake Burgess, Community Services Supervisor.
ATTACHMENTS:
1. Attachment 1 - Ukiah On Ice sponsors
Summary: The Ukiah On Ice downtown skating rink was overwhelmingly popular with the community this
season and was supported by numerous local sponsors. The Council will receive a presentation showing a
video recapping the Ukiah On Ice season and gratitude will be given to the sponsors.
Background: The City of Ukiah has previously partnered with local businesses and organizations to bring a
seasonal ice skating rink to downtown Ukiah. The City rented the rink for the 2016 - 2019 seasons from an
outside agency, and did not host the skating rink in 2020 due to the COVID pandemic. On September 1, 2021,
the City Council approved the purchase of a seasonal ice rink which included skates, glycol tubes/ piping,
glycol, clear dasherboards, skate sharpener, Ice Wizard resurfacing machine, gas powered edger, and rubber
mats. The 120-ton chiller and 40' x 120' tent remained rental items as they entail complicated installations and
would require inordinate amounts of storage space and need specialized maintenance.
The rink was again located on School Street in front of Alex Thomas Plaza. The rink was forty feet wide and
one hundred feet long (40' x 100'), which is the maximum size based on the parameters of the location on
School Street. The site is ideal for its proximity to electrical access, restrooms, parking and the covered
pavilion. Another benefit to the location is that the activity at the rink brings thousands of people to the
downtown area, where they have access to local shops and restaurants during the prime holiday shopping
season.
Discussion: The Ukiah On Ice downtown skating rink was open daily, including holidays, for six weeks, and
hosted school field trips along with private parties throughout the majority of the operation. Skating (including
ice skate rental) was $12 per person per session for regular public skating hours and $10 per session for field
trips or large groups. Opening night was Saturday, December 2nd and was coordinated with the Light Parade
and Home Town Holiday festivities at the Plaza.
The community response to the ice rink was overwhelming, drawing people from all around Mendocino
County, Lake County, and Sonoma County. The excitement and energy focused around the rink was palpable
and resulted in a significant number of visitors to the downtown area. The rink was especially popular on the
weekends, with significant numbers of skaters and families enjoying the activity.
The ice rink hosted a multitude of special events including birthday parties, theme nights, company events,
and school fundraisers. These events served to create special memories for those who attended, and the
unique setting of a downtown ice skating rink during the holiday season was a ready-made photo opportunity
for families and friends.
2023/24 Ukiah on Ice:
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- Attracted over 10,000 skaters of all ages to the downtown shopping district
- Welcomed 41 field trips with over 2,000 students and 100 chaperones
- Booked 13 private parties
- Held 9 fundraisers including school PTO nights, 4H and Mendocino Ballet
- Hosted 8 special events including theme nights, discount days and community events
- Employed 40 young adults throughout the season
- Was supported by 26 sponsors
- Received widespread exposure on social media: Facebook, ‘Ukiah on Ice’ posts reached an impressive
106,862 people, and 1422 interactions and 264 comments/ shares. Instagram posts and stories reached 8,449
separate users and elicited 680 responses (Likes, Comments)
City Staff would like to extend their appreciation to the City Council for their support and to everyone who
participated in Ukiah On Ice, from the skaters to the behind-the-scenes-staff. In particular, City Staff would like
to recognize the generous community sponsors (listed in Attachment 1) who supported this event and
ultimately made it possible, with many going above and beyond for this community event. For their
contributions, we will be sending them Certificates of Recognition signed by the Mayor.
Purchasing the seasonal ice rink entailed an interfund loan. At the end of this season, although there are a few
budgetary numbers to firm up, we plan to make an estimated transfer of $7,499.
UKIAH ON ICE BUDGET
Revenue FY 24
Ticket sales/ Concessions/ Trips/ Parties $ 114,987.00
Ticket Donations (UUSD, NCO, COU) $ 6,720.00
Sponsors $ 50,750.00
Total $ 172,457.00
Expenses
Chiller $ 26,547.00
Tent $ 13,980.00
Interdepartmental Construction Help (OT) $ 2,573.00
Sand box Sponsor Donation
Fencing Sponsor Donation
Building Permit $ 224.00
Utilities $ 8,446.00
Staff for ice rink (PT) $ 78,123.00
Supplies $ 28,300.00
Allocations (Insurance, Admin, Purchasing) $ 6,765.00
Total $ 164,958.00
Rev minus Expenses $ 7,499.00
Interfund Loan Repayment $ 7,499.00
Recommended Action: Receive Report
BUDGET AMENDMENT REQUIRED: No
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CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: General Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: PO# 47462
COORDINATED WITH: Neil Davis, Community Services Director
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 4 – Identify and actively engage underrepresented
communities in which to retain, expand, develop, and implement programs.
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP): GP-A2 - Economic Development Element
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Partner
Greater Ukiah Business and Tourism Alliance
Platinum
Ghilotti Construction Company
Granite Construction
JD General Engineering Construction
KWINE and MAX FM
PG&E
Gold
Arrow Fencing
Family Tree Service Inc.
Friedman's Home Improvement
Mendocino Forest Products
Super 8/ Wingstop/ Motel 6
WIPF Construction
Silver
AC&R Service Heating & Cooling
Acevedo's Ukiah Truck Repair
Action Rents
City of Ukiah Electric Department
Cupples & Sons Construction Inc.
Defatte Equipment
MCHC Health Centers
Vocality Community Credit Union
WOW! Smiles
Bronze
Bonterra Organic Estates
George Petersen & Associates
Savings Bank of Mendocino County
Ukiah Waste Solutions
2023/24 Ukiah On Ice Sponsors
Attachment 1
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AGENDA ITEM 6a
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CITY OF UKIAH
CITY COUNCIL MINUTES
Special Meeting
Virtual Meeting Link: https://us06web.zoom.us/j/97199426600
Ukiah, CA 95482
February 7, 2024
4:30 p.m.
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Special Meeting on February 7, 2024, having been legally noticed on
February 2, 2024. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/97199426600. Mayor Dueñas called the meeting to order at 4:35 p.m.
Roll was taken with the following Councilmembers Present: Mari Rodin, Juan V. Orozco, Susan
Sher, Douglas, F. Crane, and Josefina Dueňas. Staff Present: Shannon Riley, Deputy City
Manager; David Rapport, City Attorney (arriving at 5:06 p.m.); and Kristine Lawler, City Clerk.
MAYOR DUEŇAS PRESIDING.
The Pledge of Allegiance was led by Vice Mayor Crane.
2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Clerk noted that no public was present.
3. BUDGET WORKSHOP
a. Presentation of City's Audited Annual Comprehensive Financial Report (ACFR) and Audit
Reports for the Year Ended June 30, 2023.
Presenter: Dan Buffalo, Finance Director.
Report was received.
b. Receive and File Second Quarter Financial Report.
Presenter: Dan Buffalo, Finance Director.
Report was received.
c. Review and Update, if Warranted, the Ukiah City Council Strategic Plan.
Council Consensus to direct Staff to agendize this item for a different meeting due to time
constraints.
4. ADJOURNMENT
There being no further business, the meeting adjourned at 5:39 p.m.
________________________________
Kristine Lawler, CMC/CPMC
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AGENDA ITEM 6b
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CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://us06web.zoom.us/j/97199426600
Ukiah, CA 95482
February 7, 2024
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on February 7, 2024, having been legally noticed on
February 2, 2024. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/97199426600. Mayor Dueñas called the meeting to order at 6:01 p.m.
Roll was taken with the following Councilmembers Present: Mari Rodin, Juan V. Orozco, Susan
Sher, Douglas, F. Crane, and Josefina Dueňas. Staff Present: Shannon Riley, Deputy City
Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.
MAYOR DUEÑAS PRESIDING.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Sher.
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Receive Presentation of Exceptional Employee Recognition Awards.
Presenters: Shannon Riley, Deputy City Manager; Cedric Crook, Police Chief; Neil Davis,
Community Services Director; Craig Schlatter, Community Development Director; and Mayor
Dueñas.
Officer Daniel Parker, Ukiah PD: On 12/21/23, Ukiah PD received a "be-on-the-lookout"
(BOLO) from Pacifica PD regarding a murder suspect, including details from the FLOCK
camera system, having spotted the vehicle in Blue Lakes. Officer Parker, hearing the alert
on the Sheriff’s channel and knowing that time was of the essence, took immediate action
on Hwy. 101, spotting a matching vehicle two cars behind him. He informed Dispatch,
confirmed the suspect's identity, and, with CHP's assistance, executed a traffic stop near
Perkins Street exit. Officer Parker's commendable initiative and keen observation skills
contributed to the successful interception. Throughout the incident, he maintained
composure, communicated effectively, and directed traffic. Post-incident evaluation
highlighted Officer Parker's tactical prowess, exemplifying the Department’s values of
Safety, Professionalism, and Community Service.
Alyssa Boge, Museum Curator of Education and Exhibits, Grace Hudson Museum:
Alyssa joined the Museum in 2020 and worked with reduced staffing all through the
pandemic. As we emerged from the pandemic, Alyssa was quick to take on additional work
helping the Recreation and Parks teams set up and open a new Interpretive Center at
Observatory Park. With the support of Museum Director David Burton, Alyssa interviewed
local subject matter experts and did online research to develop the material that would be
presented at the Interpretive Center. She then developed an exhibit and curricula for the
Page 15 of 589
City Council Minutes for February 7, 2022, Continued:
Page 2 of 6
Center. With the plan in place, she then solicited help from Parks, Recreation, and Facilities
team members to clean and prepare the site, create exhibits, and coordinate the grand
opening of the Center. Following the Grand Opening, Alyssa immediately set about
developing a volunteer docent program to allow for public access to the Center.
Isabelle Grieve, Community Development Technician II, Community Development
Department: Isabelle joined the City approximately two years ago as a “counter tech."
Isabelle’s friendly and courteous demeanor and knowledgeable and accurate permitting
guidance quickly earned her appreciation among the builder community. Through sustained
commitment to this level of service, she single-handedly achieved the goal of outstanding
customer service. Examples of this commitment are Isabelle’s issuing of an ADU building
permit in one business day and the issuance of a building permit for Acorn Valley
Apartments in two months. Both of these are processing records that qualified the City to
earn its ProHousing Designation. Isabelle has become indispensable to the Community
Development Department and the glue that holds the team together. Recently, Isabelle
completed the renewal of 350 business licenses in one week. She frequently cheers on
fellow team members through thoughtful and creative gifts, the funny skeletons around the
office, and her positive, proactive, solution-oriented, and helpful attitude.
b. Proclamation Recognizing February as Black History Month in the City of Ukiah.
Presenter: Councilmember Orozco.
Proclamation was received by Troyle Tognoli, Diversity and Equity Committee Member
5. PETITIONS AND COMMUNICATIONS
City Clerk, Kristine Lawler, stated that all communications had been distributed.
6. APPROVAL OF MINUTES
a. Approval of the Minutes for the January 17, 2024, Special Meeting.
b. Approval of the Minutes for the January 17, 2024, Regular Meeting.
Motion/Second: Rodin/Sher to approve the Special and Regular Meeting Minutes of January 17,
2024, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher,
Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.
7. RIGHT TO APPEAL DECISION
8. CONSENT CALENDAR
a. Possible Approval of the 2024 Public Spaces Commission Community Outreach Plan and
Schedule – Community Services.
b. Possible Adoption of a Resolution (2023-42-Amended) to Rescind and Replace Resolution
2023-42, Approving an Application to LAFCo for Western Hills Property, to Incorporate Exhibits
A & B - Administration.
c. Consideration of Approval of the Renewal of ESRI Geographical Information System (GIS)
Software Licensing Agreement (2324-155) for a Term of Three Years in the Amount of
$85,200.00 – Public Works.
d. Consideration of an Award for a Three-Year Contract (2324-156) for Electric Utility Line Tree
Trimming throughout the City of Ukiah's Electric Utility System to Sierra Tree Company, Inc. –
Electric Utility - Pulled by Councilmember Sher and placed as Agenda Item 14e.
Page 16 of 589
City Council Minutes for February 7, 2022, Continued:
Page 3 of 6
e. Consideration of Approval for a Partial Release of Retention for Specification No. 21-06 - Runway
15-33 Pavement Rehabilitation Phase 2, to Royal Electric - Airport.
Motion/Second: Crane/Rodin to approve Consent Calendar Items 7a-c, and 7e, as submitted.
Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas.
NOES: None. ABSENT: None. ABSTAIN: None.
Council Consensus to hear agenda item 14e out of order.
14. NEW BUSINESS
e. Consideration of an Award for a Three-Year Contract for Electric Utility Line Tree
Trimming throughout the City of Ukiah's Electric Utility System to Sierra Tree Company,
Inc. – from Consent Calendar Agenda Item 8d.
Presenters: Mary Horger, Financial Services Manager and Sonu Upadhyay, Senior Power
Engineer.
Public Comment: K. C. Johnson.
Motion/Second: Rodin/Crane to award a three-year contract (2324-156) for Electric Utility line tree
trimming throughout the City of Ukiah's Electric Utility system to Sierra Tree Company, Inc. Motion
carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES:
None. ABSENT: None. ABSTAIN: None.
9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Public Comment: Catherine Anello – abandoned needles found on property.
10. COUNCIL REPORTS
Presenters: Vice Mayor Crane; Councilmembers Rodin, Orozco, and Sher; and Mayor Duenas.
11. CITY MANAGER/CITY CLERK REPORTS
Presenters: Shannon Riley, Deputy City Manager; and
Report on Grasshopper Bike Event – Neil Davis, Community Services Director.
Construction Update – Tim Eriksen, Public Works Director/City Engineer.
Palace Hotel Update – Shannon Riley, Deputy City Manager.
2024 Winter Storm Response and Status – Traci Boyl, Senior Management Analyst.
Public Comment: Dennis Crean.
12. PUBLIC HEARINGS (6:15 PM)
a. Conduct a Public Hearing to Solicit Public Comment Regarding the Intent to Apply for
United States Department of Agriculture (USDA) Funding in the Amount of $220,000 for
the Purchase of a New Wheel Loader.
Presenters: Tim Eriksen, Public Works Director/City Engineer and Andrea Trincado, Grants
Manager.
PUBLIC HEARING OPENED AT 7:40 P.M.
Public Comment: Xochilt De Morales Martinez.
PUBLIC HEARING CLOSED AT 7:40 P.M.
Page 17 of 589
City Council Minutes for February 7, 2022, Continued:
Page 4 of 6
Motion/Second: Crane/Rodin to authorize Staff to submit the application to the USDA Community
Facilities Disaster Repair Program Calendar Year 2022 grant funding to purchase a new wheel
loader. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and
Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.
13. UNFINISHED BUSINESS
a. Review and Possible Adoption of the Western Hills Watershed Protection Area
Management Plan.
Presenter: Neil Davis, Community Services Director.
Public Comment: Xochilt De Morales Martinez.
Motion/Second: Rodin/Sher to adopt the Western Hills Watershed Protection Area Management
Plan. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas.
NOES: None. ABSENT: None. ABSTAIN: None.
b. Possible Adoption of an Ordinance Amending Section 62 of Division 1, Chapter 2, Article
2 of the Ukiah City Code, Pertaining to Compensation of the Mayor and City
Councilmembers.
Presenters: Kristine Lawler, City Clerk and Darcy Vaughn, Assistant City Attorney.
Motion/Second: Crane/Sher to adopt the Ordinance amending Section 62 of the Ukiah City Code,
pertaining to compensation of the Mayor and City Council members. Motion carried by the following
roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None.
ABSTAIN: None.
ORDINANCE NO. 1235
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 62 OF THE
UKIAH CITY CODE, PERTAINING TO COMPENSATION OF MAYOR AND CITY
COUNCILMEMBERS
14. NEW BUSINESS – continued
a. Discussion and Possible Introduction by Title Only of an Ordinance Amending Division 9,
Chapter 1 of the Ukiah City Code Article 17.1 (Lot Line Adjustments) and Article 17.2
(Parcel Mergers).
Presenter: Jesse Davis, Chief Planning Manager.
Motion/Second: Rodin/Orozco to find the ordinance categorically exempt pursuant to Section 15061
(b)(3) of the CEQA Guidelines. Motion carried by the following roll call votes: AYES: Rodin, Orozco,
Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.
Motion/Second: Rodin/Sher to introduce the ordinance by title only. Motion carried by the following
roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None.
ABSTAIN: None.
City Clerk, Kristine Lawler, read the following title into the record:
Page 18 of 589
City Council Minutes for February 7, 2022, Continued:
Page 5 of 6
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 9,
CHAPTER 1 OF UKIAH CITY CODE ARTICLE 17.1 (LOT LINE ADJUSTMENTS) AND ARTICLE
17.2 (PARCEL MERGERS) TO ENHANCE APPLICATION PROCESSES AND REVIEW
Motion/Second: Rodin/Orozco to introduce the ordinance amending Division 9, Chapter 1 of the
Ukiah City Code Article 17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers). Motion
carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES:
None. ABSENT: None. ABSTAIN: None.
Council Direction to fix typos Ordinance before finalizing.
RECESS: 8:17 – 8:24 P.M.
b. Possible Introduction by Title Only of Ordinance Imposing Possible Civil Penalties for
Failure to Abate Public Nuisances on Residential Property.
Presenters: Darcy Vaughn, Assistant City Attorney and Sean Connell, Code Enforcement Inspector.
Motion/Second: Rodin/Orozco to introduce the ordinance by title only. Motion carried by the
following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT:
None. ABSTAIN: None.
City Clerk, Kristine Lawler, read the following title into the record:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS SECTIONS
OF THE UKIAH CITY CODE AMENDING CHAPTER 12 OF DIVISION 3 OF THE UKIAH CITY
CODE IMPOSING POSSIBLE CIVIL PENALTIES FOR FAILURE TO ABATE PUBLIC NUISANCES
ON RESIDENTIAL PROPERTY.
Motion/Second: Rodin/Orozco to introduce the ordinance imposing possible civil penalties for
failure to abate public nuisances on Residential Property. Motion carried by the following roll call
votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. 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).
No reports were received.
d. Receive Presentation, Discuss, and Possibly Provide Direction to Staff Regarding the
Proliferation, Impact, and Regulation of Off-Site Advertisements within the
Unincorporated Territory of the Ukiah Valley.
Presenter: Jesse Davis, Chief Planning Manager.
Council Consensus to direct Staff to work informally with county staff and draft a letter that would
go to county staff and be copied to the Board of Supervisors.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 9:14 P.M.
15. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation
(Government Code Section 54956.9(d)(2))
Page 19 of 589
City Council Minutes for February 7, 2022, Continued:
Page 6 of 6
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section
54956.9: (1 case)
b. Conference with Legal Counsel – Anticipated Litigation
(Government Code Section 54956.9(d)(4)) Initiation of litigation (2 cases)
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-
70200
d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612
e. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036
f. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Jane Doe v. City of Ukiah et al., U.S.D.C. (Eureka Division) Case No. 123-cv-
009808.
g. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 184-080-37;184-080-36; 184-090-01; 184-090-07; 184-090-06; 184-100-
04
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Henry's Original
Under Negotiation: Price & Terms of Payment
h. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 180-110-07
Negotiator: Shannon Riley, Deputy City Manager
Negotiating Parties: GMB Realty Partners, Inc.
Under Negotiation: Price & Terms of Payment
i. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
No action reported; direction provided to Staff.
16. ADJOURNMENT
There being no further business, the meeting adjourned at 10:18 p.m.
________________________________
Kristine Lawler, CMC/CPMC
Page 20 of 589
Page 1 of 2
Agenda Item No: 8.a.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2022-1479
AGENDA SUMMARY REPORT
SUBJECT: Report of Disbursements for the Month of November 2023.
DEPARTMENT: Finance PREPARED BY: MaryJo Reynolds
PRESENTER: Consent Calendar
ATTACHMENTS:
1. November 2023 Summary of Disbursements
2. Account Codes for Reference
3. Object Codes for Reference
4. November 2023 Disbursement Detail
Summary: The Council will review and consider approval of the report of disbursements for the month of
November 2023.
Background: Payments made during the month of November 2023 are summarized in the Report of
Disbursements. Further detail is supplied on the Schedule of Bills, representing the four (4) individual payment
cycles within the month.
Accounts Payable Check Numbers (City & UVFA): 3055170-3055281; 3055282-3055386; 3055387-3055524;
3055525-3055579
Accounts Payable Wire Transfers: 103, 104, 105
Payroll Check Numbers: 514514-514587; 514588-514658
Payroll Manual Check Numbers: 514587
Direct Deposit Numbers: 123551-123867; 12386-124185
Manual Direct Deposit Numbers: N/A
Void Check Numbers: 3054904, 3054937, 3054497, 3047331, 3054915, 3054777, 3054913, 3054825,
3054880
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 2023 Summary of Disbursements
Attachment #2: Account Codes for Reference
Attachment #3: Object Codes for Reference
Attachment #4: November 2023 Disbursement Detail
Recommended Action: Approve the report of disbursements for the month of November 2023.
Page 21 of 589
Page 2 of 2
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
Page 22 of 589
Attachment 1
FUNDS:
100 General Fund $277,326.30 700 Sanitary Disposal Site Fund $101,282.27
101 GF-(Sub-Fund) Visit Ukiah $53,699.28 701 Landfill Corrective Fund
105 GF-(Sub-Fund) Fire Authority $69,075.42 702 Disposal Closure Reserve Fund
110 Special General Fund 704 Post Closure Fund - Solid Waste
120 Streets Capital Improvement $10,386.76 710 Ambulance Services Fund $13,200.81
130 Gov'tl Debt SVC/Reserve Fund 720 Golf Fund $17,898.92
131 Debt Service Reserve 2022 LRB 730 Confernence Center Fund $7,952.47
200 City Adminstrative Services $61,476.02 750 Visit Ukiah
201 Worker's Comp Fund $32,848.70 777 Airport Fund $37,713.52
202 Liability Fund $19,689.95 778 Airport Capital Improvement Fund $1,233,707.76
203 Garage Fund $8,979.15 779 Special Aviation Fund
204 Purchasing Fund $1,754.99 800 Electric Fund $847,467.35
205 Billing & Collections Fund $4,795.36 801 Electric Capital Reserve Fund $185,814.50
206 Public Safety Dispatch Fund $5,024.78 803 Lake Mendocino Bond Reserve
207 Payroll Posting Fund $705,787.98 805 Street Lighting Fund $19,050.03
208 Building Maintenance/Corp Yard Fund $45,090.57 806 Public Benefits Fund $8,021.06
209 IT Fund $55,627.88 807 Cap and Trade
220 Equipment Reserve Fund 820 Water Fund $104,544.60
249 City Housing Bond Proceeds 822 Water Capital Improvement Fund
250 Special Revenue Fund 830 Recycled Water Fund $23,550.48
251 Special Projects Reserve Fund 840 City/District Sewer Fund $240,435.84
252 Streets/ROW Improvement Fund $30,372.65 841 Sewer Contruction Fund
253 CITY PROP 172 843 Sewer Capital Fund
300 Park Development Fund 900 Special Deposit Trust $1,481.92
301 Anton Stadium Fund 901 General Service (Accts Recv)$17,509.90
302 Observatory Park Fund 902 U.S.W. Billing & Collection $48,299.62
303 Playground & Park Amenities Fund $11,330.68 903 Public Safety - AB 109 $0.00
304 Swimming Pool Fund 905 Federal Emergency Shelter Grant
305 Riverside Park Fund $6,823.44 905 Mendocino Emergency Service Authority
306 Skate Park Fund 911 Russian River Watershed Association $30,048.62
308 Opioid Settlement Fund 915 UVFD $148.68
310 Museum Grants $0.00 916 UVFD PROP 172
311 Alex Rorbaugh Recreation Center Fund $5,297.29 917 UVFD Measure B $14.27
312 Downtown Business Improvement Fund 918 UVFD Mitigation
313 LMIHF Housing Asset Fund 920 MSWMA Operations $36,401.32
314 Winter Special Events $224.00 940 Sanitation District Special Fund
315 Advanced Planning Fund 942 Rate Stabilization - UVSD Fund
316 SPECIAL RECREATION EVENTS $4,415.05 943 Sanitation District Capital Improvement Fund
500 2106 Gas Tax Fund 952 REDIP Sewer Enterprise Fund
501 2107 Gas Tax Fund 960 Community Redevelopment Agency
503 2105 Gas Tax Fund 961 RDA Housing Pass-Through
505 Signalization Fund 962 Redevelopment Housing Fund
506 Bridge Fund 963 Housing Debt
507 1998 STIP Augmentation Fund 964 RDA Capital Pass-Through
508 SB325 Reimbursement Fund 965 Redevelopment Capital Improvement Fund
509 S.T.P. Fund 966 Redevelopment Debt Service
510 Trans-Traffic Congest Relief Fund 967 Housing Bond Proceeds
511 Rail Trail Fund 968 Non-Housing Bond Proceeds
600 Community Development Block Grant 969 RDA Obligation Retirement Fund $1,504,309.14
601 EDBG 94-333 Revolving Loan 844/944 Sewer Capital Projects Fund $487.50
602 Community Development Fund
603 08-HOME-4688
604 CDBG Grant 09-STBG-6417
605 11-HOME-7654 Fund $0.00
606 CDBG Grant 10-EDEF-7261
607 Prop 84 Grant Fund
609 13-CDBG-8940 Retainage Withheld $72,518.67
610 City RDA Projects Fund 611 CDBG 16-CDBG-11147 $375.00
613 Home Program Activities
620 CASP Train
630 Asset Seizure Fund $5,935.00
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 $808.00
670 Federal American Rescue Fund
691 Museum Fund
695 Transfer Station Fund
696 Solid Waste Mitigation Fund
TOTAL DEMAND PAYMENTS- A/P CHECKS $5,969,003.50
PAYROLL CHECK NUMBERS: 514514-514587 TOTAL DEMAND PAYMENTS- EFT's $0.00
DIRECT DEPOSIT NUMBERS: 123551-123867 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,333,606.65
PAYROLL PERIOD: 10/15-28/23 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS)$781,322.84
PAYROLL CHECK NUMBERS: 514588-514658 * vendor name( if applicable)
DIRECT DEPOSIT NUMBERS: 12386-124185
PAYROLL PERIOD: 10/29-11/11/23
PAYROLL CHECK NUMBERS:
DIRECT DEPOST NUMBERS:
PAYROLL PERIOD:
TOTAL PAYMENTS $8,083,932.99
VOID CHECK NUMBERS:
3054904, 3054937, 3054497, 3047331,
3054915, 3054777, 3054913, 3054825
3054880,
514587
WIRE TRANSFER NUMBERS:
103, 104, 105
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.
____________________________________________________________________________________________
City Manager Director of Finance
MANUAL CHECK NUMBERS:
CITY OF UKIAH
REPORT OF DISBURSEMENTS
REGISTER OF PAYROLL AND DEMAND PAYMENTS
FOR THE MONTH OF NOVEMBER
Page 23 of 589
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 24 of 589
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 25 of 589
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 26 of 589
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 27 of 589
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 28 of 589
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Account Detail and Allocation Detail
The following list of bills payable was reviewed and approved for payment.
Signature
List of Checks Presented for Approval on 11/3/2023
Attachment 4
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The following list of bills payable was reviewed and approved for payment.
Signature
List of Checks Presented for Approval on 11/9/2023
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The following list of bills payable was reviewed and approved for payment.
Signature
List of Checks Presented for Approval on
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The following list of bills payable was reviewed and approved for payment.
Signature
List of Checks Presented for Approval on
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Page 1 of 2
Agenda Item No: 8.b.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2023-3158
AGENDA SUMMARY REPORT
SUBJECT: Consideration of the Approval of a Change Order in the Amount of $13,567.14 for the Yardney
Filters Replacement Project from Durham Pump & Irrigation at the Wastewater Treatment Plant.
DEPARTMENT: Finance PREPARED BY: David Mendez, Buyer II
PRESENTER: David Mendez, Buyer II
ATTACHMENTS:
1. Staff Report from June 7, 2023
2. Durham Pump & Irrigation Sales Order
Summary: Council will consider approving a change order in the amount of $13,567.14 for the replacement of
the Yardney Filters from Durham Pump & Irrigation at the Wastewater Treatment Plant.
Background: Reclaimed water is used throughout the wastewater facility. Operators frequently use this water
for hosing and cleaning rather than using potable or drinking water in the facility. Thus, operators come in
contact with this reclaimed water daily. The Yardney Filters ensure the safety of our operators through the
proper treatment of reclaimed water. The facility is experiencing more frequent backwashes and the media
has rounded, decreasing efficiency and removal of particulates in the filter units. Per the manufacturer, "typical
filter media life is expected to be 5-10 years depending on the use". The filter media hasn't been replaced in
over 16 years of operation.
Discussion: Council approved the purchase of the Yardney Filter Replacement through Durham Pumps &
Irrigation on June 7, 2023 (ASR provided as attachment 1). Durham Pump & Irrigation completed a walk
through and determined that an additional $13,241.13 is needed to haul away previous Anthracite/Garnet on
Quote # 0060624 (Attachment 2). Therefore, it is staff's recommendation to approve a purchase order change
order in the amount of $13,241.13, which will result in a revised purchase order amount of $77,895.62.
Recommended Action: Approve a change order in the amount of $13,567.14 for the Yardney Filters
Replacement Project from Durham Pump & Irrigation.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 84027225.80100.18243: $77,895.62
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Wastewater Utility Funds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: Purchase Order 48425
COORDINATED WITH: Ryan Kriken, WWTP Supervisor; Mary Horger, Financial Services Manager
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
Page 93 of 589
Page 2 of 2
Page 94 of 589
Attachment 1
Page 95 of 589
Sales Order
Sold To:Ship To /
Service
Address:
CITY OF UKIAH
300 PLANT RD
UKIAH, CA 95482
CITY OF UKIAH
300 SEMINARY AVE.
UKIAH, CA 95482-5400
Order Number
Order Date:
Salesperson:
Customer #:
0060624
3/7/2023
02-0008076
JAMES WIKANDER
DAVE MENDEZ
FILTER SERVICE
Confirm To:
Job Name:
WM. P. WILSON & SONS
Main Office:
Durham Pump, Inc.
2313 Durham-Dayton Hwy, Durham, CA 95938
530.891.4821 530-891.0613 Fax
Woodland Branch:
Wm. P. Wilson & Sons
202 Kentucky Ave, Woodland, CA
95695
CL #271327
Page 1 of 1
Please Remit All Payments to: Durham Pump, PO Box 60, Durham, CA 95938 Thank You!
Customer P.O.Ship VIA:F.O.B.Terms:NET 30 DAYS
Item Code Unit Price Amount
Item Description Qty. Ordered / Shipped / B/OW/H
SERVICE DATE: UPON APPROVAL
/ILABOR IRR REPAIR LABOR 10,800.000.000.00
INCLUDES ONE DATE SITE VISIT TO COMPLETE QUOTE FOR REPLACEMENT UNIT QUOTE AND DISPOSAL QUOTES; ALSO
INCLUDES 3 DAYS CREW TIME FOR REPAIRS W/ TRAVEL COSTS
/IMC02 ATHROCITE/SILCA SAND EA 10,032.0088.0000114.00 0.000.00
/IMC02 FINE GARNET EA 25,507.5089.5000285.00 0.000.00
/IMC02 GARNET EA 8,624.0077.0000112.00 0.000.00
/IMC02 GRAVEL MEDIA EA 3,201.0048.500066.00 0.000.00
ALL MATERIALS PLUS FREIGHT, WHICH WILL BE ADDED TO THIS QUOTE AND WILL BE BILLED AT COST
/IMC02 SERVICE BOND EA 2,100.002,100.00001.00 0.000.00
HAUL AWAY OF PREVIOUS ANTHRACITE/GARNET/ QUOTED SEPARATELY AFTER SITE VISIT
BELOW IS FOR HAUL AWAY.
/ILABOR IRRIG REPAIR LABOR 2,500.000.000.00
/ISC02 DUMP TRUCK /DUMP FEE EA 6,495.006,495.00001.00 0.000.00
/RENTAL1 BACKHOE 3,900.000.000.00
Net Order:73,159.50
Less Discount:0.00
Sales Tax:4,736.12
77,895.62Order Total:
Signed _______________________________________________
I hereby approve and authorize Durham Pump, Inc. to proceed with the work as outlined herein..
Date _______________________________________________
This Quote is based on information provided by the Customer.
Prices listed herein are good for 14 days from the Order Date shown above.
53,364.50
19,795.00
Taxable Amount:
Non-Taxable Amount:
0.00Less Deposit:
77,895.62Invoice Balance:
Attachment 2
Page 96 of 589
Page 1 of 2
Agenda Item No: 8.c.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1495
AGENDA SUMMARY REPORT
SUBJECT: Possible Adoption of Ordinance Imposing Possible Civil Penalties for Failure to Abate Public
Nuisances on Residential Property.
DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney
PRESENTER: Darcy Vaughn, Assistant City Attorney; Sean
Connell, Code Enforcement Inspector
ATTACHMENTS:
1. Residential Public Nuisance Civil Penalties Ordinance
Summary: Council will discuss and consider adopting the Ordinance Imposing Possible Civil Penalties for
Failure to Abate Public Nuisances on Residential Property.
Background: The City's Code Enforcement officials request and recommend that Council consider an
amendment to the City Code that will allow Code Enforcement to impose civil penalties in the form of fines on
property owners who repeatedly and flagrantly violate City Code provisions requiring owners to abate public
nuisance conditions on residentially-zoned properties. The imposition of civil penalties for failure to abate
public nuisances is not a new enforcement method for the City, as Code Enforcement already has authority to
impose fines on property owners for repeated failure to abate public nuisances on commercially-zoned
properties, as set forth in City Code section 3424.A. Due to a recent spate of public nuisance abatement
violations on residential properties that have required significant Staff time and costs to correct, Code
Enforcement officials believe that the possibility of imposing fines for such violations would be a significant
incentive for recalcitrant property owners to act promptly to address notices of violation and correct nuisance
conditions on their residential properties.
Note that imposition of fines for failure to abate public nuisance conditions on residential properties would be a
last resort, as Code Enforcement prefers to work with property owners and provide assistance and education
in order to promptly abate nuisances. In addition, the City offers a Housing Rehabilitation Program that will
fund housing repairs for low-income homeowners and for landlords renting to low-income tenants, particularly
repairs of conditions that constitute health and safety hazards and/or Code violations. However, for those few
instances in which residential property owners are either unresponsive or refuse to take any steps to abate
public nuisances after being served notices of violation and being given a reasonable amount of time to
correct those violations, Staff recommends that Council amend the City Code via ordinance to allow for
imposition of civil penalties for those violations.
For example, Code Enforcement Staff might consider imposing civil penalties for a residential property where
the residence was failing structurally, posed a fire hazard due to the fact that trespassers were illegally
accessing the structure's electrical system and setting warming and cooking fires in the structure, and was
littered with refuse and debris piles left by the trespassers, thus posing a health and safety hazard to
neighbors. Code Enforcement staff would make multiple efforts, after issuance of a notice of violation, to work
with the property owner to secure the property and abate the nuisance conditions at the residence, but, if the
property owner still refused to take action to abate the nuisance conditions or to cooperate with Code
Enforcement, the imposition of civil penalties would be an interim measure to ensure compliance before
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Page 2 of 2
asking Council to hold a public hearing to declare the residential property a public nuisance and issue an
abatement order.
Discussion: The Ordinance Imposing Possible Civil Penalties for Failure to Abate Public Nuisances on
Residential Property, attached here as Attachment 1, would authorize the City's Code Enforcement officials to
impose civil penalties, i.e. fines, for repeated and flagrant failure of property owners to abate public nuisances
on residentially-zoned properties within the city. The Ordinance states that property owners in violation of the
City Code provisions requiring property owners to abate public nuisances on their residentially-zoned
properties may be subject to civil action to abate the public nuisances and civil penalties in the amount of not
less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00) for each day the
violation continues. The Ordinance also states that violators may be subject to any administrative penalties
authorized under the City Code. In addition, the Ordinance states that (1) no penalties will be imposed for
violations unless the owner has been given a reasonable amount of time to correct the violations, and (2) a
reasonable amount of time to correct a violation will be thirty (30) days from service of a notice of violation
unless otherwise directed by the City Council. Finally, the Ordinance states that anyone who interferes with or
impedes the abatement of a public nuisance is guilty of a misdemeanor.
Council voted unanimously to introduce the Ordinance at their February 7, 2024, meeting. The current version
of the Ordinance Imposing Possible Civil Penalties for Failure to Abate Public Nuisances on Residential
Property reflects a wide array of community, City Staff, and Council input. The Ordinance is now ready for
consideration for adoption, and will go into effect thirty days after the date of adoption.
Recommended Action: Adopt the Ordinance Imposing Possible Civil Penalties for Failure to Abate Public
Nuisances on Residential Property.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT:
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Sean Connell, Code Enforcement Inspector
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP):GP-A8 - Housing Element (2019-2027), Goal H-1: Conserve, rehabilitate,
and improve the existing housing stock to provide adequate, safe, sustainable, and decent housing for all
Ukiah residents.
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1
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING
VARIOUS SECTIONS OF THE UKIAH CITY CODE AMENDING CHAPTER 12 OF
DIVISION 3 OF THE UKIAH CITY CODE IMPOSING POSSIBLE CIVIL PENALTIES
FOR FAILURE TO ABATE PUBLIC NUISANCES ON RESIDENTIAL PROPERTY.
The City Council of the City of Ukiah hereby ordains as follows.
SECTION 1
Chapter 12 of Division 2 of the Ukiah City Code is hereby amended to read as
follows (unchanged text is omitted and is shown by “* * *”):
CHAPTER 12. ABATEMENT OF PUBLIC NUISANCES
* * *
§3467 VIOLATIONS ON RESIDENTIALLY-ZONED PROPERTY - PENALTY
A. Civil Penalties: Without limiting the enforceability of any other statute,
ordinance or regulation that may contain a different or greater penalty under those
provisions, after service of notice thereof pursuant to this Chapter any person violating
the provisions of this Chapter shall be subject to a civil action to abate or enjoin the
nuisance and shall be liable for civil penalties as follows: Any violation concerning
property that is located in a residentially-zoned district as authorized by Articles 3, 4,
and 5 of Division 9, Chapter 2 of this Code (as amended or supplanted) of not less than
one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00) for each
day the violation continues. The City Attorney may pursue any lawful civil remedy and
civil penalties brought to enforce any provisions of this Chapter.
B. Administrative Penalties: In addition to civil penalties provided in this section,
and other remedies set forth in this Chapter, administrative penalties may be imposed
against any responsible party, whether owner, lessee, sublessor or sublessee or
occupant of any premises in violation of any of the provisions of this Chapter.
Imposition, enforcement, collection and administrative review of administrative penalties
imposed shall be conducted pursuant to this Code.
C. Reasonable Period to Correct Violations: No penalty shall be imposed for
violations of provisions of this Chapter unless the owner has been provided a
reasonable period of time after notice thereof service pursuant to this Chapter to correct
the violation before imposition of the penalty, except in those cases in which there is an
immediate danger to health or safety. The reasonable period for purposes of this
Chapter shall be thirty (30) days from service of a notice of violation unless otherwise
directed by the City Council.
Attachment 1
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2
D. Abatement Interference: Any person who obstructs, impedes or interferes with any
representative, officer, employee, contractor or authorized representative of the City
Council or with any representative of a City department or with any person who owns or
holds any estate or interest in a building which has been ordered to be vacated,
repaired, rehabilitated or demolished pursuant to the provisions of this Chapter when
any of the aforementioned individuals are engaged in the work of abating any nuisance
as required by the provisions of this Chapter, or in performing any necessary act
preliminary to or incidental to such work authorized or directed pursuant to this Chapter
lawfully engaged in proceedings involving the abatement of a nuisance is guilty of a
misdemeanor.
§3468 ALTERNATIVE REMEDIES
The procedures established in this chapter shall be in addition to criminal, civil or other
legal or equitable remedies established by law which may be pursued to address
violations of this code or applicable state codes and the use of this chapter shall be at
the sole discretion of the City.
SECTION 2
1. SEVERABILITY.
If any section, subsection, subdivision, paragrap h, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, is for any reason held to be
invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this Ordinance, or its application to any other person
or circumstance. The City Council of the City of Ukiah hereby declares that it would
have adopted each section, subsection, subdivision, paragraph, sentence, clause or
phrase hereof, irrespective of the fact that any one or more other sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or
unenforceable.
2. EFFECTIVE DATE.
This Ordinance shall be published as required by law in a newspaper of general
circulation in the City of Ukiah, and shall become effective thirty (30) days after its
adoption.
Introduced by title only on February 7, 2024, by the following roll call vote:
AYES: Councilmembers Rodin, Sher, Orozco, Crane, and Mayor Dueñas
NOES:
ABSENT:
ABSTAIN:
Page 100 of 589
3
Adopted on ___________, 2024 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________________
Josephina Dueñas, Mayor
ATTEST:
__________________________________________
Kristine Lawler, City Clerk
Page 101 of 589
Page 1 of 2
Agenda Item No: 8.d.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1496
AGENDA SUMMARY REPORT
SUBJECT: Possible Adoption of an Ordinance Amending Division 9, Chapter 1 of the Ukiah City Code Article
17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers).
DEPARTMENT: Community
Development PREPARED BY: Jesse Davis, Chief Planning Manager
PRESENTER: Jesse Davis, Chief Planning Manager.
ATTACHMENTS:
1. Lot Line Adjustment & Merger - Redlined Regulations
2. Lot Line Adjustment & Merger - Ordinance
Summary: The ordinance amendment includes updates to policies and procedures regarding 'Parcel Mergers'
and 'Lot Line Adjustments' as conveyed in Attachment 1. If approved, Lot Line Adjustments and Mergers
regulations will be updated to encourage the modification or consolidation of properties for infill multifamily
development.
Background: On February 7, 2024, the City Council considered introduction of an ordinance amending
various sections of Ukiah City Code. After conducting a public hearing, the item was unanimously approved.
The ordinance amendment includes updates to policies and procedures regarding 'Parcel Mergers' and 'Lot
Line Adjustments' as conveyed in Attachment 1. If adopted, Lot Line Adjustments and Mergers will no longer
require submission of a Preliminary Title Report as a component of the application, unless determined
necessary by the City Engineer. Furthermore, Staff will no longer verify that property owners have obtained
partial reconveyances from any mortgagor or other lien holder for any portion of a parcel being transferred to
an adjacent parcel. Additionally, approved adjustments and mergers will be valid for an extra 12 months, and
financial incentives to merge parcels for affordable and special needs housing will be codified into Article 17.2
(Parcel Mergers) to encourage, where appropriate, the consolidation of small properties for infill multifamily
development.
The City's Housing Element seeks to expand housing opportunities for all economic segments of the
community, and includes an implementation measure to “Facilitate the consolidation of smaller, multifamily
parcels by providing technical assistance to property owners and developers in support of lot consolidation
(Program 2g).” In 2020, the City of Ukiah received grant funding from the California Department of Housing
and Community Development (HCD) through a Local Early Action Planning (LEAP) grant to explore policies
and incentives to facilitate the consolidation of smaller, multifamily parcels by providing technical assistance or
incentives to property owners. The introduction and adoption of an ordinance (Attachment 2) will fulfill the
associated grant requirements.
Upon evaluating the feasibility of lot consolidation incentives adopted by peer jurisdictions, Community
Development Staff concluded that additional merger incentives were unwarranted, due to limitations created
by existing density restrictions, zoning pattern, a residential sites inventory that features sufficient capacity,
and a lack of adjacent underdeveloped or vacant sites conducive to residential development.
When reviewing the peer jurisdictions of Palo Alto, San Clemente and Mill Valley, it became clear that their
policies to encourage consolidation were constrained to their Residential Sites Inventory, and relied on
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Page 2 of 2
incentives that the City of Ukiah already provides, such as objective design and development standards, as
well as the use of density bonuses. Given that the City of Ukiah's Residential Site Inventory has demonstrated
the capacity to meet its Regional Housing Needs Allocation, the approaches undertaken by other jurisdictions
to encourage lot consolidation would not be particularly effective. If adopted by the City Council this ordinance
amendment will improve lot line adjustment and merger policies to help foster more sustainable infill
development, reduce unnecessary application burdens, and catalyze economic growth by creating a more
efficient and flexible framework for land use that conforms with existing zoning regulations.
Discussion: If adopted, this ordinance amendment will improve lot line adjustment and merger policies to help
foster more sustainable infill development, reduce unnecessary application burdens, and catalyze economic
growth by creating a more efficient and flexible framework for land use that conforms with existing zoning
regulations.
Staff recommends Council adopt the ordinance (Attachment 2) amending Division 9, Chapter 1 of the Ukiah
City Code Article 17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers). If adopted, the Ordinance will
go into effect thirty days after the date of adoption.
Recommended Action: Adopt an ordinance amending Division 9, Chapter 1 of the Ukiah City Code Article
17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers).
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Local Early Action Planning Grant (LEAP) PC-18239: LEAP - T2
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Department of Public Works; City Attorney
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): 5a & 5b: Update Zoning Ordinance; Protect Against Sprawl
GENERAL PLAN ELEMENTS (GP): Housing Element Act H-2(g): Facilitate the consolidation of smaller, multi-
family parcels by providing technical assistance to property owners and developers in support of lot
consolidation.
Page 103 of 589
ATTACHMENT 1
CHAPTER 1
SUBDIVISIONS
ARTICLE 17.1. LOT LINE ADJUSTMENTS
SECTION:
§8294: Purpose
§8295: Applicability
§8296: Application And Processing
§8297: Approval Or Denial Of Adjustment
§8298: Completion Of Adjustment
§8295PURPOSE
This chapter prescribes the procedures for the preparation, filing, processing, and approval
or denial of lot line adjustments consistent with the policies of the General Plan, the
requirements of this code, and the requirements of Government Code section 66412(d),
part of the California Subdivision Map Act ("Map Act"). This chapter also prescribes the
procedures for voluntary parcel mergers. (Ord. 1138, §2 (Exh. A), adopted 2012)
§8295 APPLICABILITY
As provided by Map Act section 66412(d) the Subdivision Map Act of the State of California
set forth in the Government Code, Sections 65000, et seq., the lot line adjustment
procedure is for the purpose of relocating lot lines between four (4) or fewer existing
adjoining parcels where the land taken from one parcel is added to an adjoining parcel and
where a greater number of parcels than originally existed is not created. For the purpose of
this chapter, "adjoining" means touching. (Ord. 1138, §2 (Exh. A), adopted 2012)
§8296 APPLICATION AND PROCESSING
A lot line adjustment application shall be prepared, filed, and processed as prescribed by
this section.
A. Application Submittal And Contents: A lot line adjustment application shall include a
completed application form and all information and other materials required by the Public
Works Department and shall be filed with the City PlanningCommunity Development
Department.
B. Application Fees: Application fees shall be established from time to time by resolution
of the City Council adopted in accordance with the procedures required by law. An
applicant must pay the fee when the application is submitted.
C. Application Review: City staff shall review the application for completeness and
accuracy. The application may be referred to any City department or any public agency that
may be affected or have an interest in the proposed lot line adjustment.
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ATTACHMENT 1
D. Environmental Review: A lot line adjustment is considered a ministerial project and for
that reason is not subject to environmental review under the California Environmental
Quality Act ("CEQA"). See Pub. Resources Code section 21080, subds. (a), (b)(1) and Sierra
Club v. Napa County Bd. of Supervisors (Cal. App. 1st Dist. 2012) 205 Cal. App. 4th 162.
E. Public Notice: No public notice is required as the lot line adjustment application is a
ministerial action.
F. Concurrent Permit Processing: When a lot line adjustment is part of a project that
requires one or more discretionary planning entitlements and the applicant does not want
the lot line adjustment unless the entire project is approved, then the lot line adjustment
shall be reviewed as part of the discretionary planning application. In that event, all permits
and approvals, including the lot line adjustment, shall be combined into one application,
processed concurrently, and acted upon by the highest review authority required by this
code based on the entitlements included in the application. (Ord. 1138, §2 (Exh. A),
adopted 2012)
§8297 APPROVAL OR DENIAL OF ADJUSTMENT
The City Engineer shall determine whether the parcels resulting from the adjustment will
conform with the applicable provisions of this chapter, the City’s General Plan and Zoning
Ordinance, Ukiah Municipal Airport Land Use Compatibility Master Plan, and the California
Building and related codes as adopted in the City (hereafter "Building Code"). The City
Engineer may approve, conditionally approve, or deny the lot line adjustment in compliance
with this section.
A. Required Findings: A proposed lot line adjustment shall be approved if the City
Engineer finds all of the following:
1. The adjustment will not create a greater number of parcels than existed prior to
the adjustment;
2. The adjustment will not result in an increase in the number of nonconforming
parcels;
3. The adjustment will not increase the nonconformity of any parcel; and
4. All of the parcels resulting from the adjustment are consistent with the General
Plan, Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility Plan, and
Building Code.
B. Conditions Of Approval: In approving a lot line adjustment, the City Engineer shall
adopt conditions only as necessary to conform the adjustment and proposed parcels to the
requirements of the General Plan, Zoning Ordinance, Ukiah Municipal Airport Land Use
Compatibility Plan, Building Code or to facilitate the relocation of existing utilities,
infrastructure, or easements. The City Engineer may not impose conditions or exactions on
approval except to conform to such plans, to require payment of taxes, or facilitate
relocation of facilities.
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ATTACHMENT 1
C. Appeal: The decision of the City Engineer may be appealed to the City Council. Said
appeal shall be filed with the City Clerk within ten (10) days of the date of the decision,
shall state the reason(s) for the appeal, and be accompanied by the appeal fee, if any,
established by the City Council from time to time by resolution; provided, however, that
the City Council decision on the appeal is subject to the provisions of this section
regarding findings and conditions of approval. (Ord. 1138, §2 (Exh. A), adopted 2012)
§8298 COMPLETION OF ADJUSTMENT
Within twelve (12) months after approval, the lot line adjustment process shall be
completed in compliance with this section through the recordation of a deed, after all
conditions of approval have been satisfied.
A. Completion By Deed: A lot line adjustment shall not be considered complete or
become effective until recordation in the official records of Mendocino County of a grant
deed or deeds signed by the record owners. Prior to recordation, the applicant shall submit
deeds to the City Engineer for review and approval in compliance with subsection B of this
section, and shall pay the review fees. The legal descriptions provided in the deeds,
including an accompanying plat, shall be prepared by a qualified registered civil engineer,
or a land surveyor licensed or registered in the state in accordance with state law and shall
be accompanied by a preliminary title report prepared within fifteen (15) days of the date
of submission by a title company, if determined approved bynecessary, by the City
Engineer.
B. Review And Approval By The City Engineer: The City Engineer shall:
1. Examine the deeds to ensure that all record title owners and lien holders have
consented to the adjustment;
2. Verify that all conditions of approval have been satisfactorily completed and that
the deeds are in substantial compliance with the lot line adjustment as approved by
the review authority;
3. Verify that the property owners have obtained partial reconveyances from any
mortgagor or other lien holder for any portion of a parcel being transferred to an
adjacent parcel and that any liens covering the adjacent property have been modified
to cover the newly created larger parcel;
43. If satisfied that the deeds comply with the above requirements, place an endorsed
approval upon the deeds; and
54. After approval of the legal description, assemble the deeds and return them to
the applicant's title company for recordation.
C. Expiration: The approval of a lot line adjustment shall expire and become void if the
adjustment has not been completed as required by this section within twelve twenty-four
(2412) months of approval. (Ord. 1138, §2 (Exh. A), adopted 2012)
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ATTACHMENT 1
ARTICLE 17.2. PARCEL MERGERS
SECTION:
§8299: Merger Not Required
§8299.1: Processing Of Requested Merger
§8299.2: Review Authority
§8299.3: Conditions Of Approval
§8299.4: Completion Of Merger
§8299.5: Merger Incentives
§8299 MERGER NOT REQUIRED
Two (2) or more contiguous parcels or units of land which have been subdivided under the
provisions of this code or the Map Act shall not merge by virtue of the fact that the
contiguous parcels are held by the same ownership. No further proceedings under this
code shall be required for the purpose of sale, lease or financing, except as provided by
this chapter. (Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.1 PROCESSING OF REQUESTED MERGER
Upon request of the legal owner of contiguous parcels, the City may approve the merger of
the property in compliance with the California Subdivision Map Act section 66499.20 3/4.
The request shall be in writing and shall be accompanied by data and documents as
required by the City Engineer. (Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.2 REVIEW AUTHORITY
The City Engineer shall review and approve or conditionally approve each proposed merger
when in compliance with the California Subdivision Map Act section 66451.11. The City
Engineer may refer any proposed merger to any department or agency that may have an
interest in the merger. (Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.3 CONDITIONS OF APPROVAL
In approving a merger, the City Engineer may impose reasonable conditions. The
reasonableness of conditions imposed by the City Engineer may be appealed to the City
Council within ten (10) days of written notice of the conditions in compliance with section
8337 of this code (Appeals). (Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.4 COMPLETION OF MERGER
Upon approval, a notice of lot merger shall be filed with the County Recorder. The form
and content of the notice shall be as required by the City Engineer. (Ord. 1138, §3 (Exh. A),
adopted 2012)
§8299.5 MERGER INCENTIVES
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ATTACHMENT 1
Lot Mergers that facilitate affordable or special needs housing shall be evaluated at a
reduced rate per the adopted fee schedule of the Community Development Department.
Application processing shall be prioritized throughout the planning entitlement phase to
the extent feasible.
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ORDINANCE NO. 1236
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING DIVISION 9, CHAPTER 1 OF UKIAH CITY
CODE ARTICLE 17.1 (LOT LINE ADJUSTMENTS)
AND ARTICLE 17.2 (PARCEL MERGERS) TO ENHANCE
APPLICATION PROCESSES AND REVIEW
WHEREAS, on December 7, 2022, the City Council adopted a resolution adopting the
2040 General Plan (Resolution No. 2022-79), as well as a Resolution certifying the EIR, adopting
the Findings of Fact and Statement of Overriding Considerations, and approving the Mitigation
Monitoring Reporting Program (Resolution No. 2022-78). (State Clearinghouse No. 2022-
050556); and
WHEREAS, the Housing Element contained in the City’s 2040 General Plan specifies
implementation measures with a goal to facilitate the consolidation of smaller, multifamily parcels
by providing technical assistance to property owners and developers in support of lot
consolidation; and
WHEREAS, in 2020, the City of Ukiah received grant funding from California Department
of Housing and Community Development through a Local Early Action Planning (LEAP) grant to
explore policies and options to facilitate the consolidation of smaller, multifamily parcels by
providing technical assistance or incentives to property owners; and
WHEREAS, upon evaluating the feasibility of Lot Consolidation incentives and
researching the approaches of similar jurisdictions, Community Development staff concluded that
additional merger incentives were unwarranted, due to limitations created by existing density
restrictions, the City’s zoning pattern, a residential sites inventory that features sufficient capacity,
and a lack of adjacent underdeveloped or vacant sites conducive to residential development; and.
WHEREAS, in 2023, the City processed and approved parcel merger (#23-8285) to
facilitate the construction of 72-units of multi-family housing in 14 days by prioritizing review,
providing technical assistance, and processing the request at a reduced rate, thereby
demonstrating the City’s ability to use existing policies to encourage the consolidation of parcels
for multifamily residential development; and
WHEREAS, the City of Ukiah is largely built out, future development necessitates that the
City’s Lot Line Adjustment policies and procedures be streamlined so that additional infill
residential development can be realized; and
WHEREAS, California Government Code, Section 65800 et seq. authorizes the City of
Ukiah (“City”) to adopt and administer zoning laws, ordinances, rules, and regulations as a means
of implementing the General Plan; and
WHEREAS, pursuant to the California Environmental Quality Act (Pub. Resources Code,
21000 et seq.) (“CEQA”), the City is Lead Agency for the Housing Element, Housing Action Plan
and implementation of associated grants; and
WHEREAS, the general rule exemption set forth in Section 15061(b)(3) of the California
Environmental Quality Act Guidelines (Title 14, Cal. Code Regs., section 15000 et seq; "CEQA
Guidelines") applies to this action because, for the reasons set forth in the staff report
accompanying this Ordinance, the Project does not have the potential to cause a significant effect
Attachment 2
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on the environment and is therefore not subject to CEQA, as the amendments proposed would
not expand or reduce the City’s policies or allowances related to Lot Line Adjustment or Lot
Mergers but rather ensure consistency with existing plans and only require the application
components necessary to determine completeness and ensure compliance with State Law; and
WHEREAS, on February 7, 2023, the City Council held a duly noticed public hearing on
the subject amendments, and considered evidence presented by City staff, and other interested
parties.
NOW, THEREFORE, the City Council of the City of Ukiah hereby finds and declares as
follows:
SECTION ONE - FINDINGS AND DECLARATIONS
1. The majority of Division 9, Chapter 1 (Subdivisions) of the Ukiah City Code was adopted
in 1958 and updated in 2012 by Ordinance No. 1138. Since that time the City has adopted
new plans, such as the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP),
as well as altered the naming conventions of City Departments, thereby necessitating
minor corrections and clarifications within City Code.
2. The State Subdivision Map Act limits local discretion when acting on lot line adjustments
to ensuring that the adjustment will not create a greater number of parcels than existed
prior to the adjustment; that the adjustment will not result in an increase in the number of
non-conforming parcels; that the adjustment will not increase the non-conformity of any
parcel; and that all of the parcels resulting from the adjustment are consistent with the
General Plan, Zoning Ordinance, and Building Code.
3. The purpose of the ordinance is to clarify and streamline the lot line adjustment and
parcel merger processes, reduce or remove unnecessary application requirements, and
encourage, where appropriate, merger of parcels.
4. The amendments proposed would not alter the capabilities or allowances related to Lot
Line Adjustment or Lot Mergers, but by streamlining the review process and application
requirements, the ordinance would encourage the development of underutilized parcels.
SECTION TWO
Article 17.1 entitled "LOT LINE ADJUSTMENTS," is hereby amended within Division 9 (Planning
and Development), Chapter 1 (Subdivisions) of the Ukiah City Code pursuant to the attached
Exhibit A.
SECTION THREE
Article 17.2 entitled "PARCEL MERGERS” is hereby amended within Division 9 (Planning and
Development), Chapter 1 (Subdivisions) of the Ukiah City Code pursuant to the attached Exhibit
A.
SECTION 4
1. SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance,
or its application to any person or circumstance, is for any reason held to be invalid or
unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of
Page 110 of 589
the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of
this Ordinance, or its application to any other person or circumstance. The City Council of the City
of Ukiah hereby declares that it would have adopted each section, subsection, subdivision,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be
declared invalid or unenforceable.
2. EFFECTIVE DATE
This Ordinance shall be published as required by law in a newspaper of general circulation in
the City of Ukiah and shall become effective thirty (30) days after its adoption.
Introduced by title only on February 7, 2024, by the following roll call vote:
AYES: Councilmembers Orozco, Sher, Rodin, Crane and Mayor Duenas
NOES:
ABSENT:
ABSTAIN:
Adopted on February 21, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
Josephina Duenas, Mayor
ATTEST:
_________________________________________
Kristine Lawler, City Clerk
Exhibit A: Ordinance Amending Division 9, Chapter 1 of the Ukiah City Code Article 17.1 (Lot
Line Adjustments) and Article 17.2 (Parcel Mergers)
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EXHIBIT A
CHAPTER 1
SUBDIVISIONS
ARTICLE 17.1. LOT LINE ADJUSTMENTS
SECTION:
§8294: Purpose
§8295: Applicability
§8296: Application And Processing
§8297: Approval Or Denial Of Adjustment
§8298: Completion Of Adjustment
§8295PURPOSE
This chapter prescribes the procedures for the preparation, filing, processing, and approval
or denial of lot line adjustments consistent with the policies of the General Plan, the
requirements of this code, and the requirements of Government Code section 66412(d),
part of the California Subdivision Map Act ("Map Act"). This chapter also prescribes the
procedures for voluntary parcel mergers. (Ord. 1138, §2 (Exh. A), adopted 2012)
§8295 APPLICABILITY
As provided by the Subdivision Map Act of the State of California set forth in the
Government Code, Sections 65000, et seq., the lot line adjustment procedure is for the
purpose of relocating lot lines between four (4) or fewer existing adjoining parcels where
the land taken from one parcel is added to an adjoining parcel and where a greater number
of parcels than originally existed is not created. For the purpose of this chapter, "adjoining"
means touching. (Ord. 1138, §2 (Exh. A), adopted 2012)
§8296 APPLICATION AND PROCESSING
A lot line adjustment application shall be prepared, filed, and processed as prescribed by
this section.
A.Application Submittal And Contents: A lot line adjustment application shall include a
completed application form and all information and other materials required by the Public
Works Department and shall be filed with the Community Development Department.
B.Application Fees: Application fees shall be established from time to time by resolution
of the City Council adopted in accordance with the procedures required by law. An
applicant must pay the fee when the application is submitted.
C.Application Review: City staff shall review the application for completeness and
accuracy. The application may be referred to any City department or any public agency that
may be affected or have an interest in the proposed lot line adjustment.
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EXHIBIT A
D. Environmental Review: A lot line adjustment is considered a ministerial project and for
that reason is not subject to environmental review under the California Environmental
Quality Act ("CEQA"). See Pub. Resources Code section 21080, subds. (a), (b)(1) and Sierra
Club v. Napa County Bd. of Supervisors (Cal. App. 1st Dist. 2012) 205 Cal. App. 4th 162.
E. Public Notice: No public notice is required as the lot line adjustment application is a
ministerial action.
F. Concurrent Permit Processing: When a lot line adjustment is part of a project that
requires one or more discretionary planning entitlements and the applicant does not want
the lot line adjustment unless the entire project is approved, then the lot line adjustment
shall be reviewed as part of the discretionary planning application. In that event, all permits
and approvals, including the lot line adjustment, shall be combined into one application,
processed concurrently, and acted upon by the highest review authority required by this
code based on the entitlements included in the application. (Ord. 1138, §2 (Exh. A),
adopted 2012)
§8297 APPROVAL OR DENIAL OF ADJUSTMENT
The City Engineer shall determine whether the parcels resulting from the adjustment will
conform with the applicable provisions of this chapter, the City’s General Plan and Zoning
Ordinance, Ukiah Municipal Airport Land Use Compatibility Plan, and the California Building
and related codes as adopted in the City (hereafter "Building Code"). The City Engineer may
approve, conditionally approve, or deny the lot line adjustment in compliance with this
section.
A. Required Findings: A proposed lot line adjustment shall be approved if the City
Engineer finds all of the following:
1. The adjustment will not create a greater number of parcels than existed prior to
the adjustment;
2. The adjustment will not result in an increase in the number of nonconforming
parcels;
3. The adjustment will not increase the nonconformity of any parcel; and
4. All of the parcels resulting from the adjustment are consistent with the General
Plan, Zoning Ordinance, Ukiah Municipal Airport Land Use Compatibility Plan, and
Building Code.
B. Conditions Of Approval: In approving a lot line adjustment, the City Engineer shall
adopt conditions only as necessary to conform the adjustment and proposed parcels to the
requirements of the General Plan, Zoning Ordinance, Ukiah Municipal Airport Land Use
Compatibility Plan, Building Code or to facilitate the relocation of existing utilities,
infrastructure, or easements. The City Engineer may not impose conditions or exactions on
approval except to conform to such plans, to require payment of taxes, or facilitate
relocation of facilities.
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EXHIBIT A
C.Appeal: The decision of the City Engineer may be appealed to the City Council. Said
appeal shall be filed with the City Clerk within ten (10) days of the date of the decision,
shall state the reason(s) for the appeal, and be accompanied by the appeal fee, if any,
established by the City Council from time to time by resolution; provided, however, that
the City Council decision on the appeal is subject to the provisions of this section
regarding findings and conditions of approval. (Ord. 1138, §2 (Exh. A), adopted 2012)
§8298 COMPLETION OF ADJUSTMENT
Within twelve (12) months after approval, the lot line adjustment process shall be
completed in compliance with this section through the recordation of a deed, after all
conditions of approval have been satisfied.
A.Completion By Deed: A lot line adjustment shall not be considered complete or
become effective until recordation in the official records of Mendocino County of a grant
deed or deeds signed by the record owners. Prior to recordation, the applicant shall submit
deeds to the City Engineer for review and approval in compliance with subsection B of this
section, and shall pay the review fees. The legal descriptions provided in the deeds,
including an accompanying plat, shall be prepared by a qualified registered civil engineer,
or a land surveyor licensed or registered in the state in accordance with state law and shall
be accompanied by a preliminary title report prepared within fifteen (15) days of the date
of submission by a title company, if determined necessary, by the City Engineer.
B.Review And Approval By The City Engineer: The City Engineer shall:
1.Examine the deeds to ensure that all record title owners and lien holders have
consented to the adjustment;
2.Verify that all conditions of approval have been satisfactorily completed and that
the deeds are in substantial compliance with the lot line adjustment as approved by
the review authority;
3.If satisfied that the deeds comply with the above requirements, place an endorsed
approval upon the deeds; and
4.After approval of the legal description, assemble the deeds and return them to the
applicant's title company for recordation.
C.Expiration: The approval of a lot line adjustment shall expire and become void if the
adjustment has not been completed as required by this section within twenty-four (24)
months of approval. (Ord. 1138, §2 (Exh. A), adopted 2012)
ARTICLE 17.2. PARCEL MERGERS
SECTION:
§8299: Merger Not Required
§8299.1: Processing Of Requested Merger
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EXHIBIT A
§8299.2: Review Authority
§8299.3: Conditions Of Approval
§8299.4: Completion Of Merger
§8299.5: Merger Incentives
§8299 MERGER NOT REQUIRED
Two (2) or more contiguous parcels or units of land which have been subdivided under the
provisions of this code or the Map Act shall not merge by virtue of the fact that the
contiguous parcels are held by the same ownership. No further proceedings under this
code shall be required for the purpose of sale, lease or financing, except as provided by
this chapter. (Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.1 PROCESSING OF REQUESTED MERGER
Upon request of the legal owner of contiguous parcels, the City may approve the merger of
the property in compliance with the California Subdivision Map Act. The request shall be in
writing and shall be accompanied by data and documents as required by the City Engineer.
(Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.2 REVIEW AUTHORITY
The City Engineer shall review and approve or conditionally approve each proposed merger
when in compliance with the California Subdivision Map Act. The City Engineer may refer
any proposed merger to any department or agency that may have an interest in the merger.
(Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.3 CONDITIONS OF APPROVAL
In approving a merger, the City Engineer may impose reasonable conditions. The
reasonableness of conditions imposed by the City Engineer may be appealed to the City
Council within ten (10) days of written notice of the conditions in compliance with section
8337 of this code (Appeals). (Ord. 1138, §3 (Exh. A), adopted 2012)
§8299.4 COMPLETION OF MERGER
Upon approval, a notice of lot merger shall be filed with the County Recorder. The form
and content of the notice shall be as required by the City Engineer. (Ord. 1138, §3 (Exh. A),
adopted 2012)
§8299.5 MERGER INCENTIVES
Lot Mergers that facilitate affordable or special needs housing shall be evaluated at a
reduced rate per the adopted fee schedule of the Community Development Department.
Application processing shall be prioritized throughout the planning entitlement phase to
the extent feasible.
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Agenda Item No: 8.e.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1514
AGENDA SUMMARY REPORT
SUBJECT: Possible Adoption of Resolution Authorizing the Submittal of an Application to the California
Department of Housing and Community Development for Funding under Round 2 of the Prohousing Incentive
Pilot Program; and if Selected, Authorize the City Manager to Execute a Standard Agreement, Any
Amendments Thereto, and of Any Related Documents Necessary to Participate in the Prohousing Incentive
Pilot Program, as well as Authorization of the Corresponding Budget Amendments.
DEPARTMENT: Community
Development PREPARED BY: Jim Robbins, Housing and Grants Manager
PRESENTER: Jim Robbins, Housing and Grants Manager.
ATTACHMENTS:
1. pip-nofa-2-guidelines
2. pip-nofa-2-app
3. PIP - Proposed Resolution
4. 2017_Housing_Strategy
Summary: Council will consider the adoption of a resolution authorizing submittal of an application to the
California Department of Housing and Community Development (HCD) for $530,000 in funding from Round 2
of the Prohousing Incentive Pilot (PIP) Program; and if the City is selected for award, authorize the City
Manager to execute the Standard Agreement, any amendments thereto, and any related documents; and
authorize the corresponding budget amendments.
Background: On August 17, 2022, Council unanimously adopted Resolution No. 2022-57, authorizing an
application to and participation in the Prohousing Designation Program. The Prohousing Designation Program
(PDP) is a program created through the 2019-2020 Budget Act by the State Legislature and implemented by
the Department of Housing and Community Development (HCD) to create incentives for jurisdictions that are
compliant with state housing element requirements and that have enacted Prohousing local policies. Being
awarded a Prohousing designation by HCD enables such jurisdictions to receive additional points or other
preference during the scoring of competitive applications for specified housing and infrastructure funding
opportunities. The minimum score a jurisdiction must attain to be designated a Prohousing jurisdiction is 30,
out of a total of 60 points. Staff submitted the City's Prohousing Program application on October 21, 2022, and
received notification from HCD on April 5, 2023 that the City was awarded a Prohousing Designation with 38
points.
On March 1, 2023, Council unanimously adopted Resolution No. 2023-11, authorizing an application for
Round 1 of Prohousing Incentive Pilot (PIP) funds. The application was awarded, and the City executed a
Standard Agreement with HCD to allocate $455,000 toward “i. the development of low- and moderate-income
multifamily rental housing,” or “ii. affordable rental and ownership housing for individuals and households with
incomes up to 120 percent of area median income.”
On January 23, 2024, HCD announced the release of a Round 2 Notice of Funding Availability (NOFA) and
final Guidelines (Attachment 1) for approximately $9.4 million for the PIP Program. According to HCD, the PIP
Program is an “...investment the state is making to reward jurisdictions at the forefront in addressing
California's housing crisis..." and "...is designed to reward local governments with Prohousing Designation with
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additional funding to accelerate affordable housing production and preservation." Eligible activities include:
i. The development of low- and moderate-income multifamily rental housing.
ii. Affordable rental and ownership housing for individuals and households with incomes up to 120 percent of
area median income.
iii. Matching portions of funds placed into local or regional housing trust funds.
iv. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund.
v. Capitalized reserves for services connected to the creation of new permanent supportive housing, including,
but not limited to, developments funded through the Veterans Housing and Homelessness Prevention Bond
Act of 2014.
vi. Assisting persons who are experiencing or at risk of homelessness.
vii. Accessibility modifications.
viii. Efforts to acquire and rehabilitate foreclosed vacant homes.
ix. Homeownership opportunities, including, but not limited to, down payment assistance
x. Fiscal incentives or matching funds to local agencies that approve new housing for low- and moderate-
income households.
Funding under the PIP Round 2 NOFA and Guidelines follows a formula based on the population size of the
local jurisdiction and bonus points based on an eligible applicant’s Prohousing Designation application score,
plus an additional $10,000 for each point of the score. For example, an applicant with a Prohousing
Designation application score of 35 points will be eligible to receive up to a $350,000 bonus award in addition
to the base award. As a jurisdiction with a population of less than 20,000, the City's base award for Round 2 is
$150,000. Based on the preliminary score of 38 points, the maximum funding the City can apply for is
$530,000.
Discussion: An award of funding from the PIP program would help fulfill goals included in the City's 2017
Housing Strategy (Attachment 4). The Housing Strategy includes the creation of a Housing Trust Fund
(UHTF), which was completed in 2017. Furthermore, it lists activities to be funded by the UHTF, such as "1.
Creation of new affordable units; 2. Purchase of vacant and underutilized land (land assembly) for the purpose
of facilitating future affordable housing production; 5. Preservation of existing affordable housing; and 9.
Predevelopment assistance to non-profit and for-profit developers with project feasibility and preliminary
design studies for potential affordable housing projects."
An award of funding from the PIP program would also help fulfill one of the goals in the City’s 2019-2027
Housing Element. Policy 2-2 under Goal H-2 notes the City should “encourage the development of a variety of
different types of housing,” and Policy 5-3 under Goal H-5 encourages staff to “assume a leadership role in the
development of all types of housing in the community.”
In response to the PIP Round 2 NOFA, Staff is recommending Council authorize an application (Attachment 2)
in the amount of $530,000 for the following eligible activities:
1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential
live-work, rental housing that is affordable to extremely low-, very low-, low-, and moderate-income
households, including necessary operating subsidies.
2) Affordable rental and ownership housing for individuals and households with incomes up to 120 percent of
area median income (AMI).
3) Homeownership opportunities, including, but not limited to, down payment assistance.
Staff recommends Council adopt the Resolution in Attachment 3 authorizing submittal of an application to
HCD for $530,000 in funding under Round 2 of the Prohousing Incentive Pilot Program; and if the City is
selected for award, authorize the City Manager to execute the standard agreement, any amendments thereto,
and any related documents necessary; and authorize any corresponding budget amendments.
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Recommended Action: Adopt resolution authorizing submittal of an application from the City of Ukiah to HCD
for $530,000 in funding under Round 2 of the Prohousing Incentive Pilot Program; and if the City is selected
for award, authorize the City Manager to execute the standard agreement, any amendments thereto, and any
related documents necessary; and authorize any corresponding budget amendments.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: HCD PIP Program
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Craig Schlatter, Community Development Director
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):
GENERAL PLAN ELEMENTS (GP): GP-A8 - Housing Element (2019-2027) 2d: Pursue additional funding
sources to augment the Ukiah Housing Trust Fund, creating a permanent source of funding for affordable
housing.
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Prohousing Incentive Program
Guidelines
State of California
Governor Gavin Newsom
Melinda Grant, Undersecretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community
Development
Megan Kirkeby, Deputy Director
Division of Housing Policy Development
2020 West El Camino, Suite 500
Sacramento, CA 95833
Website: https://www.hcd.ca.gov/grants-and-funding/programs-active/prohousing-incentive-program
Email: ProhousingIncentive@hcd.ca.gov
January 23, 2024
Attachment 1
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Contents
Section 100: Introduction ........................................................................................................... 1
Section 101: Scope and Authority ................................................................................................... 1
Section 200: Eligibility ................................................................................................................ 2
Section 201: Eligible Applicants ...................................................................................................... 2
Section 202: Threshold Requirements ........................................................................................... 2
Section 300: Application Requirements ................................................................................... 3
Section 301: Application Content .................................................................................................... 3
Section 302: Application Submittal ................................................................................................. 4
Section 400: Application Review ............................................................................................... 4
Section 401: Application Process .................................................................................................... 4
Section 402: Base Award and Bonus Award Calculation ......................................................... 5
Section 403: Scoring – Tie Breaker ................................................................................................. 5
Section 404: Geographic Categories .............................................................................................. 5
Section 500: Eligible Award Calculation ................................................................................... 6
Section 600: Uses of Funds ....................................................................................................... 7
Section 601: Eligible Uses ................................................................................................................. 7
Section 700: Administration ...................................................................................................... 8
Section 701: Fiscal Administration ................................................................................................. 8
Section 702: Accounting Records, Audits, Remedies of Non-performance, and
Reporting .............................................................................................................................................. 10
Section 800: Right to Modify or Suspend and Final Decision-making ................................ 14
Attachment A: Enabling Legislation ....................................................................................... 15
Attachment B: Required Resolution Template ...................................................................... 21
Attachment C: Definitions ........................................................................................................ 22
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Prohousing Incentive Program
Section 100: Introduction
The California Department of Housing and Community Development (Department/HCD)
is pleased to release program guidelines (Guidelines) for funding through the
Prohousing Incentive Program (Program). The Prohousing Incentive Program is
designed to encourage cities and counties to obtain Prohousing Designation.
The Program is funded through Chapter 364, Statutes of 2017 (SB 2, Atkins), which
established the Building Homes and Jobs Trust Fund (Fund). The Fund utilizes real
estate transaction fees collected at a county level to establish a permanent source of
funding. Five percent of annual collections are deposited in a fund to be used for an
incentive program.
The Program awards funds based on the Eligible Applicant’s Prohousing Designation
Program Score (as codified in the California Code of Regulations Title 25 Housing and
Community Development, Division 1, Chapter 6, Subchapter 6.6, Sections 6600 through
6608, Consecutive Prohousing Designation Program). This round of program funding
provides awards for Eligible Applicants to use towards planning and implementation
activities related to housing and community development. The content and structure of
future rounds of Program funding is subject to change at the Department’s sole
discretion.
Section 101: Scope and Authority
These Guidelines are authorized pursuant to Chapter 2.5 of Health and Safety Code
(Sections 50470 to 50475). The Guidelines implement, interpret, and make specific
provisions for purposes of implementing an incentive program pursuant to Health and
Safety Code section 50470, subdivision (b)(2)(C)(i), (hereinafter “Prohousing Incentive
Program” or “PIP”).
The Guidelines provide the Department’s plan for the expenditure of PIP funds and the
administration of the Program. As such, these Guidelines establish terms, conditions,
forms, procedures, and other mechanisms as the Department deems necessary to
exercise the powers and perform the duties conferred by Chapter 2.5.
The matters set forth herein are regulatory mandates, and are adopted in accordance
with the authorities set forth below:
Section 50470 (d) of the Health and Safety Code states “In consultation with
stakeholders, the department may adopt guidelines to implement this section, including
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to determine allocation methodologies. Any guideline, rule, policy, or standard of
general application employed by the department in implementing this chapter shall not
be subject to the requirements of the Administrative Procedures Act.”
These guidelines are mandated and have the dignity of statutes. (Ramirez v. Yosemite
Water Co., 20 Cal. 4th 785, 800 (1999) [stating "“Quasi-legislative regulations … have
the dignity of statutes … [and]… delegation of legislative authority includes the power to
elaborate the meaning of key statutory terms…”].
Ramirez v. Yosemite Water Co., 20 Cal. 4th 785, 800 (1999)
The Department reserves the right, at its sole discretion, to suspend or amend the
provisions of these Guidelines, including, but not limited to, grant award amounts.
Section 200: Eligibility
Section 201: Eligible Applicants
(A) Eligible Applicants are limited to cities, counties, and cities and counties.
(B) Only Eligible Applicants may submit an application.
(C) Eligible Applicants may partner through legally binding agreements with other
forms of governments or entities. This includes, but is not limited to, partnerships
with other localities, regional governments, housing authorities, school districts,
special districts, community-based organizations, Tribal Entities or any duly
constituted governing body of an Indian Reservation or Rancheria.
(D) Eligible Applicants in partnerships may determine the amount of incentive
payments between Eligible Applicants participating in the partnership in
consultation with the Department.
(E) Eligible Applicants forming partnerships must submit separate, completed, and
signed application packages, including resolutions and a copy of the signed
agreement between partners to the Department in order to be awarded funds.
Section 202: Threshold Requirements
Eligible Applicants must meet all of the following threshold requirements for participation
in the Program:
(A) An adopted housing element in substantial compliance, as determined by the
Department, pursuant to Housing Element Law (Article 10.6 of Gov. Code) in
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accordance with Government Code section 65585, subdivision (h).
1. Applicants not meeting housing element requirements may be considered
to meet this threshold requirement at the discretion of the Department on
a case-by-case basis. Criteria for consideration include but are not limited
to significant progress in meeting housing element requirements (e.g., a
draft found to meet statute, rezoning near completion), proposing activities
to meet housing element requirements (e.g., rezoning to accommodate
housing needs pursuant to Gov. Code Section 65583(c)(1)) and adoption
of a compliant element prior to the award of funds.
(B) Housing Element Annual Progress Report submittal pursuant to Government
Code Section 65400 for the current or prior year, as applicable.
(C) Prohousing Designation: A completed Prohousing Designation application (per
the regulations codified in the California Code of Regulations Title 25 Housing
and Community Development, Division 1, Chapter 6, Subchapter 6.6, Sections
6600 through 6608, Consecutive Prohousing Designation Program), with an
authorizing resolution, must be submitted prior to or in conjunction with the
applicant’s PIP application. PIP awards cannot be made until a Prohousing
Designation is obtained, as determined by the Department.
(D) A complete application as determined by the Department.
(E) A resolution authorizing submittal of the application to the Program that materially
comports with the Program’s requirements and is legally sufficient as determined
in the Department’s reasonable discretion, including an authorized
representative. See Attachment B for required resolution format.
(F) Compliance with state and federal housing laws as determined by the sole
discretion of HCD.
(G) Demonstration of meeting threshold criteria shall be determined by the
Department in its sole and absolute discretion. No documentation of meeting
threshold requirements is required in the application unless requested by the
Department.
Section 300: Application Requirements
Section 301: Application Content
(A) Eligible Applicants may request an allocation of funds by submitting a complete
application to the Department.
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(B) Application must utilize the forms and manner prescribed in the Department’s
application.
(C) The application can be found on the Department’s website at
https://www.hcd.ca.gov/grants-and-funding/programs-active/prohousing-
incentive-program.
(D) Eligible Applicants must submit a Government Agency Taxpayer Identification
Form for an application to be considered complete.
(E) The Department may request additional information and documentation as
appropriate.
(F) The Department may consult with and gather relevant information from any
individual, entity, or public agency.
Section 302: Application Submittal
(A) An applicant must submit a completed, signed original application in electronic
form.
(B) The Department encourages early applications and will accept applications up to
the date and time noted on the cover letter of the Notice of Funding Availability
(NOFA).
(C) All applications must be submitted by email to: ProhousingIncentive@hcd.ca.gov.
Section 400: Application Review
Section 401: Application Process
(A) Applications will be reviewed for completeness, eligibility, and for meeting
threshold requirements.
(B) Eligible Applicants will have until the date specified in the NOFA to obtain
Prohousing Designation. After the specified date, HCD will rank Eligible
Applicants that met threshold requirements according to their Prohousing
Designation Score, as determined by the Department.
(C) Ranked applications will be sorted by geographic category, as described in
Section 404 of these Guidelines.
(D) Priority will be given to Eligible Applicants that have not received PIP funds in
prior funding rounds. Eligible Applicants awarded in prior funding rounds will only
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be eligible to receive an award once all previously unfunded Eligible Applicants
receive an award.
Section 402: Base Award and Bonus Award Calculation
(A) Eligible Applicants will receive a base award according to population size (see
Section 500). In addition, Eligible Applicants may receive a bonus award up to
$500,000.
(B) For the purpose of calculating the bonus award, an Eligible Applicant’s
Prohousing Designation Score will be multiplied by 10,000. For example, an
Eligible Applicant with a Prohousing Designation Score of 35 points will be
eligible to receive up to a $350,000 bonus award in addition to the base award.
The bonus award amount shall not exceed $500,000.
Section 403: Scoring – Tie Breaker
(A) Eligible Applicants that submit complete applications that meet threshold
requirements will be awarded in order of rank and priority, as described in
Section 401(D), until funding is depleted.
(B) In the event of a tie (i.e., two or more Eligible Applicants have the same
Prohousing Designation Score), the Eligible Applicant with the smaller population
size will receive funding first.
Section 404: Geographic Categories
(A) Ranked applications will be considered for awards according to six geographic
categories, as follows:
1. Southern California: Imperial, Los Angeles, Orange, Riverside, San
Bernardino, Ventura, and San Diego
2. Bay Area: Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara,
Solano, Sonoma, San Francisco
3. San Joaquin Valley: Fresno, Kern, Kings, Madera, Merced, San Joaquin,
Stanislaus, Tulare
4. Sacramento Area: Amador, El Dorado, Placer, Sacramento, Sutter, Yolo,
Yuba
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5. Central Coast: Monterey, San Benito, San Luis Obispo, Santa Barbara,
Santa Cruz
6. North State and Sierra Nevada: Alpine, Butte, Calaveras, Colusa, Del
Norte, Glenn, Humboldt, Inyo, Lake, Lassen, Mariposa, Mendocino,
Modoc, Mono, Nevada, Plumas, Shasta, Sierra, Siskiyou, Tehama, Trinity,
Tuolumne
(B) Funds are made available to each geographic category based upon the
percentage of 2030 population projections, as determined by the Department of
Finance (see the NOFA).
(C) The total proportion of available funds in geographic categories will not exceed
75 percent of the total amount of the NOFA.
(D) Awards will be funded from each geographic category’s total available funding
amount until the funds for that category are depleted. If Eligible Applicants’
awards exceed the funding available to a geographic category, Eligible
Applicants may qualify to fulfill their eligible award from the 25 percent residual
set-aside in ranking order.
1. In the event of funds being depleted such that a partial award is indicated,
the residual set-aside may be utilized to enhance the award at the
discretion of the Department.
(E) If both an Eligible Applicant’s geographic category and the residual set-aside
have been depleted, that Eligible Applicant may be eligible for remaining funds at
the sole discretion of the Department. Remaining funds will come from unutilized
money from geographic categories only after Eligible Applicants located in those
geographic categories have been awarded.
(F) When all funds have been depleted, the final Eligible Applicant in the ranking will
only be eligible for the award amount that remains in the coffer. Eligible
Applicants in this position may opt to pull their PIP application until additional
funds are made available to fulfill their eligible award amount in potential future
funding rounds.
(G) The Department reserves discretion to alter funding amounts and the distribution
methodology to advance Program goals and achieve an equitable outcome.
Section 500: Eligible Award Calculation
(A) This program will make funding available to jurisdictions as Prohousing Incentive
grants as determined by the NOFA.
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(B) Maximum total award amounts will be no greater than $2 million per Eligible
Applicant. Total potential award amounts are determined by adding an Eligible
Applicant’s base award amount with an Eligible Applicant’s bonus award amount,
as established by the criteria described in Section 402 of these Guidelines.
(C) Base award amounts are based on population estimates as of January 1 of the
NOFA year 1. See the NOFA for the maximum base award amount that a
jurisdiction may receive pursuant to this subdivision 2.
(D) Eligible Applicants in partnerships with other cities or counties, as allowed by
section 201(C) of these Guidelines, may qualify for up to the sum of individual
Eligible Applicant base award amounts. For example, two jurisdictions between
50,000 and 99,999 people could submit a proposal for up to $1 million in base
awards.
Section 600: Uses of Funds
Section 601: Eligible Uses
Eligible Applicants must use award funds towards planning or implementation
activities related to housing and community development limited to activities that
conform with eligible uses pursuant to Health and Safety Code section
50470(b)(2)(D):
1. The predevelopment, development, acquisition, rehabilitation, and
preservation of multifamily, residential live-work, rental housing that is
affordable to extremely low-, very low-, low-, and moderate-income
households, including necessary operating subsidies.
2. Affordable rental and ownership housing that meets the needs of a growing
workforce earning up to 120 percent of area median income, or 150 percent
of area median income in high-cost areas.
3. Matching portions of funds placed into local or regional housing trust funds.
4. Matching portions of funds available through the Low- and Moderate-Income
Housing Asset Fund pursuant to subdivision (d) of Section 34176 of the
Health and Safety Code.
1 Population estimates are based on the Department of Finance E-1 report:
https://dof.ca.gov/Forecasting/Demographics/estimates-e1/.
2 Maximum and minimum award amounts may be adjusted by the Department based on demand for the
Program.
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5. Capitalized reserves for services connected to the creation of new permanent
supportive housing, including, but not limited to, developments funded
through the Veterans Housing and Homelessness Prevention Bond Act of
2014.
6. Assisting persons who are experiencing or at risk of homelessness, including
providing rapid rehousing, rental assistance, navigation centers, emergency
shelters, and the new construction, rehabilitation, and preservation of
permanent and transitional housing.
7. Accessibility modifications.
8. Efforts to acquire and rehabilitate foreclosed or vacant homes.
9. Homeownership opportunities, including, but not limited to, down payment
assistance.
10. Fiscal incentives or matching funds to local agencies that approve new
housing for extremely low, very low, low-, and moderate-income households.
Section 700: Administration
Section 701: Fiscal Administration
(A) Grant Execution and Term
1. The Department will notify the grantee if they have been selected for
a grant award:
i. After the Standard Agreement has been drawn, the grantee
will be provided instructions for signing all required
documents. The grantee must submit all supporting materials
and a signed Standard Agreement within the timeline provided
in the instructions, or risk forfeiting the grant award;
ii. The grant term begins on the day the Department and the
grantee have fully executed the Standard Agreement. The
Department will notify the grantee and partners when work
may proceed under the agreement. However, eligible activities
that are approved by the Department may be retroactively
reimbursed to the date of the NOFA; and
iii. The end of the grant term will be determined by the state
based on the availability of grant funds and the administrative
requirements for liquidation.
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(B) Payment and Accounting of Grant Funds
1. Grant funds cannot be reimbursed until the Standard Agreement has
been fully executed.
2. The grantee will be responsible for compiling and submitting all invoices
and reporting documents. Invoices must be accompanied by reporting
materials where appropriate. Invoices without the appropriate reporting
materials will not be paid. Failure to provide requested documentation to
HCD could result in exclusion from consideration for grants in future
program years.
3. The grantee will submit documentation to the Department detailing actual
costs incurred, which must be based on clear and completed objectives
and deliverables as outlined in the PIP application, Exhibit E of the
Standard Agreement, and any other supplemental forms prescribed by the
Department.
4. Supporting documentation may include, but is not limited to, receipts,
progress payments, subcontractor invoices, timecards or any other
documentation as deemed necessary by the Department to support
the reimbursement to the grantee for expenses in accordance with
the grantee’s PIP application and these PIP Guidelines.
5. The grantee must bill the state based on clear deliverables outlined
in the Standard Agreement or budget timeline. Only approved and
eligible costs incurred for work after the NOFA date, and completed
and processed prior to the expenditure deadline, will be
reimbursable. Approved and eligible costs incurred prior to the NOFA
date are ineligible.
6. Work must be completed prior to requesting reimbursement, unless
otherwise approved by the Department.
7. Grant fund payment will be made on a reimbursement basis. Project
invoices will be submitted to the Department by the grantee on a
quarterly basis or, if earlier, upon completion of deliverables.
8. In unique and/or unusual circumstances, the Department may
consider alternative arrangements (e.g., disbursements in advance
of activity initiation) to reimbursement and payment methods.
Unusual circumstances include but are not limited to feasibility,
unavailable funds or lack of resources and substantial progress in
expenditure.
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9. The Department recognizes that budgeted deliverable amounts are
based upon estimates. Grantees may request, in writing, a budget
adjustment across deliverables subject to written approval by the
Department, as long as the total budget does not exceed the
maximum amount awarded to the grantee.
10. The Department may withhold grant funds until grant terms have
been fulfilled.
11. The Department may withhold eligible program grants in future
program years until terms of the Standard Agreement have been
fulfilled to the satisfaction of the Department.
12. Each recipient of funds under the Program shall expend those funds
no later than June 30, 2026. Final invoices shall be submitted to the
Department three months prior to the expenditure deadline.
Section 702: Accounting Records, Audits, Remedies of Non-performance, and
Reporting
(A) Accounting Records
1. The contractor is responsible for maintaining records which fully disclose
the activities funded by the grant. Adequate documentation of each
transaction shall be maintained to permit the determination, through an
audit if requested by the state, of the accuracy of the records and the
allowability of expenditures charged to grant funds. If the allowability of an
expenditure cannot be determined because records or documentation are
inadequate, the expenditure may be disallowed, and the state shall
determine the reimbursement method for the amount disallowed. The
state’s determination of the allowability of any expense shall be final.
2. The grantee, its staff, contractors, and subcontractors shall establish and
maintain an accounting system and reports that properly accumulate
incurred project costs by line. The accounting system shall conform to
Generally Accepted Accounting Principles (GAAP), enable the
determination of incurred costs at interim points of completion, and
provide support for payment vouchers and invoices.
3. The grantee must establish a separate ledger account for receipts and
expenditures of grant funds and maintain expenditure details in
accordance with the scope of work, project timeline and budget. Separate
bank accounts are not required.
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4. The grantee shall maintain documentation of its normal procurement
policy and competitive bid process (including the use of sole source
purchasing), and financial records of expenditures incurred during the
project in accordance with GAAP.
5. The grantee agrees that the Department or its designee shall have the
right to review, obtain, and copy any records and supporting
documentation pertaining to the performance of the Standard Agreement.
The grantee agrees to provide the Department or its designee with any
relevant information requested.
6. The grantee agrees to permit the Department or the Department’s
designee access to its premises, upon reasonable notice, during normal
business hours for the purpose of interviewing employees who might
reasonably have information related to such records and inspecting and
copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining
compliance with statutes, Program Guidelines, and the Standard
Agreement.
7. Subcontractors employed by the grantee and paid with moneys under the
terms of the Standard Agreement shall be responsible for maintaining
accounting records as specified above. The grantee shall monitor and
enforce subcontracts accordingly.
(B) Audits
1. At any time during the term of the Standard Agreement, the
Department may perform or cause to be performed a financial audit
of all phases of the award. At the Department’s request, the grantee
shall provide, at its own expense, a financial audit prepared by a
certified public accountant. The State of California has the right to
review project documents and conduct audits during and over the
project life.
2. The grantee agrees that the Department or the Department’s designee
shall have the right to review, obtain, and copy all records and supporting
documentation pertaining to performance of the Standard Agreement.
3. If a financial audit is required by the Department, the audit shall be
performed by an independent certified public accountant. Selection of an
independent audit firm shall be consistent with procurement standards
contained in Exhibit D, Section 8 of the Standard Agreement.
4. The grantee shall notify the Department of the auditor’s name and address
immediately after the selection has been made. The contract for the audit
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shall allow access by the Department to the independent auditor’s working
papers.
5. The grantee is responsible for the completion of audits and all costs of
preparing audits.
6. If there are audit findings, the grantee must submit a detailed response
acceptable to the Department for each audit finding within 90 days from
the date of the audit finding report.
7. The grantee agrees to maintain such records for possible audit after the
final payment pursuant to Exhibit D, Sections 8 and 9 of the Standard
Agreement, unless a longer period of records retention is stipulated.
8. The grantee shall include in any contract that it enters in an amount
exceeding $10,000, the Department’s right to audit the contractor’s
records and interview their employees.
9. The grantee shall comply with the caveats and be aware of the penalties
for violation of fraud and for obstruction of investigation as set forth in
California Public Contracts Code Section 10115.10.
10. The grantee shall retain all books and records relevant to the Standard
Agreement for a minimum of five years after the end of the term of the
Standard Agreement. Records relating to any and all audits or litigation
relevant to the Standard Agreement shall be retained for five years after
the conclusion or resolution of the matter.
i. If any litigation, claim, negotiation, audit, monitoring, inspection, or
other action has been started before the expiration of the required
record retention period, all records must be retained until
completion of the action and resolution of all issues which arise
from it.
(C) Remedies of Non-performance
1. In the event that it is determined, at the sole discretion of the
Department, that the grantee is not meeting the terms and conditions
of the Standard Agreement, the grantee shall cease all work under
the Standard Agreement immediately upon receiving a written notice
from the Department. The Department has the sole discretion to
determine that the grantee meets the terms and conditions after a
stop work order, and to deliver a written notice to the grantee to
resume work under the Standard Agreement.
2. Both the grantee and the Department have the right to terminate the
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13
Standard Agreement at any time upon 30 days written notice. The
notice shall specify the reason for early termination and may permit
the grantee or the Department to rectify any deficiency(ies) prior to
the early termination date. The grantee will submit any requested
documents to the Department within 30 days of the early termination
notice.
3. At any time, if the Department finds the applicant falsely proposed
information in the application or as part of the application review,
including documentation related to incentive payments (e.g.,
affordability, enhancements), the Department may require the
repayment of funds or decline reimbursement.
4. The Department may, as it deems appropriate or necessary, require
the repayment of funds from a grantee, or pursue any other remedies
available to it by law for failure to comply with Program requirements
(Health and Safety Code section 50515.04(e).
(D) Reporting
1. At any time during the term of the Standard Agreement, the
Department may request a performance report that demonstrates
satisfaction of all requirements identified in the Standard Agreement
with emphasis on eligible activities, eligible uses, ineligible uses, and
expenditures, according to timelines and budgets referenced in the
Standard Agreement.
2. Grantees shall submit a report, in the form and manner prescribed by
the Department, by April 1 of the year following the receipt of funds,
and annually thereafter until funds are expended. The annual report
shall contain a detailed report which must include, at a minimum:
i. Identification of the eligible activities to which the Grantee
committed program funds, and the income levels of households
assisted;
ii. Amounts awarded to Subrecipients with the activity(ies) identified;
iii. Identification of the eligible activities upon which the contractor
expended program funds, and the income levels of households
assisted and the affordability level for any units assisted; and
iv. Close out report for contracts that were fully expended and in which
all activities funded were completed during the fiscal year.
3. The Department may request additional information, as needed.
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4. Upon completion of all deliverables within the Standard Agreement
and prior to processing final invoicing, the awardee shall submit a
closeout report.
Section 800: Right to Modify or Suspend and Final Decision-
making
The Department reserves the right, at its sole discretion, to suspend, amend, or
modify the provisions of these Guidelines at any time, including, without limitation,
the amount of funds available hereunder. If such an action occurs, the Department
will notify all interested parties and will post the revisions to the Department’s
website. You may subscribe to the Department’s email list here:
http://www.hcd.ca.gov/HCD_SSI/subscribe-form.html.
The Department’s decision to approve or deny an application or request for
funding pursuant to the Program, and its determination of the amount of funding to
be provided, shall be final.
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Attachment A: Enabling Legislation
Building Homes and Jobs Act
Chapter 2.5 of the Health and Safety Code (Sections 50470 – 50475)
(Chapter 364, Statutes of 2017)
Health and Safety Code 50470.
(a) (1) There is hereby created in the State Treasury the Building Homes and Jobs
Trust Fund. All interest or other increments resulting from the investment of
moneys in the fund shall be deposited in the fund, notwithstanding Section
16305.7 of the Government Code.
(2) Moneys in the Building Homes and Jobs Trust Fund shall not be subject to
transfer to any other fund pursuant to any provision of Part 2 (commencing with
Section 16300) of Division 4 of Title 2 of the Government Code, except to the
Surplus Money Investment Fund.
(b) Moneys in the Building Homes and Jobs Trust Fund shall be appropriated either
through the annual Budget Act, or as provided in this subdivision, in accordance with
the following:
(1) Moneys collected on and after January 1, 2018, and until December 31, 2018,
shall, upon appropriation by the Legislature, be allocated as follows:
(A) Fifty percent of deposits into the fund shall be made available for local
governments to update planning documents and zoning ordinances in
order to streamline housing production, including, but not limited to,
general plans, community plans, specific plans, sustainable communities
strategies, and local coastal programs. Eligible uses also include new
environmental analyses that eliminate the need for project-specific review
and local process updates that improve and expedite local permitting.
(i) Five percent of the funds specified by this subparagraph shall be
available for technical assistance to jurisdictions updating specified
planning documents. Technical assistance shall be provided by the
department and the Governor’s Office of Planning and Research.
(ii) The funds to be allocated pursuant to this subparagraph shall be
held by the department until a local government submits a request
for use. The request shall include a description of the proposed use
of the funds in the interest of accelerating housing production. The
proposed use of these funds shall be included in the local
government’s funding plan and annual reports pursuant to
subclauses (II) and (III) of clause (ii) of subparagraph (B) of
paragraph (2). Each recipient of funds under the program shall
encumber the funds by December 31, 2020, and shall expend
those funds no later than December 31, 2023. Any of these funds
not allocated by the department within the first two years that those
funds are available shall be made available by the department for
the Multifamily Housing Program (Chapter 6.7 (commencing with
Section 50675)).
(B) Fifty percent of deposits into the fund shall be made available to the
department to assist persons experiencing or at risk of homelessness,
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including, but not limited to, providing rapid rehousing, rental assistance,
navigation centers, and the new construction, rehabilitation, and
preservation of permanent and transitional rental housing.
(C) The department shall ensure geographic equity in the distribution and
expenditure of funds allocated pursuant to this paragraph.
(2) Moneys collected on and after January 1, 2019, shall be allocated as follows:
(A) Twenty percent of all moneys in the fund shall, upon appropriation by
the Legislature, be expended for affordable owner-occupied workforce
housing.
(B) (i) Seventy percent of moneys deposited in the fund shall, upon
appropriation by the Legislature, be made available to local
governments as follows:
(I) Ninety percent of the moneys specified in this
subparagraph shall be allocated based on the formula
specified in Section 5306 of Title 42 of the United States
Code, in accordance with the distribution of funds pursuant
to that formula for the federal Fiscal Year 2017, except that
the portion allocated to nonentitlement areas pursuant to that
section shall be distributed through a competitive grant
program, administered by the department, as follows:
(ia) The department shall award priority points to a
county that has a population of 200,000 or less within
the unincorporated areas of the county, to a local
government that did not receive an award based on
the formula specified in Section 5306 of Title 42 of the
United States Code in 2016, and to a local
government that pledges to use the money awarded
pursuant to a competitive grant under this subclause
to assist persons experiencing or at risk of
homelessness, including, but not limited to, providing
rapid rehousing, rental assistance, navigation centers,
and the new construction, rehabilitation, and
preservation of permanent and transitional rental
housing.
(ib) Moneys awarded to a local government pursuant
to the competitive grant program shall be used for the
purposes specified in subparagraph (D).
(II) The remaining 10 percent of the moneys specified in this
subparagraph shall be allocated equitably among local
jurisdictions that are nonentitlement areas pursuant to the
formula specified in Section 5306 of Title 42 of the United
States Code for federal Fiscal Year 2017.
(ii) To receive moneys pursuant to this subparagraph, local
governments shall document minimum standards including the
following:
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17
(I) Submit a plan to the department detailing the manner in
which allocated funds will be used by the local government
in a manner consistent with this paragraph and to meet the
local government’s unmet share of the regional housing
needs allocation.
(II) Have a compliant housing element with the state and
submit a current annual report pursuant to Section 65400 of
the Government Code.
(III) Submit an annual report to the department that provides
ongoing tracking of the uses and expenditures of any
allocated funds.
(IV) Funds may be expended for the uses listed in
subparagraph (D). Two or more local governments that
receive an allocation pursuant to this subparagraph may
expend those moneys on a joint project that is an authorized
use under subparagraph (D).
(V) Prioritize investments that increase the supply of housing
to households that are at or below 60 percent of area
median income, adjusted for household size.
(VI) If a local government does not have a documented plan
to expend the moneys allocated to it pursuant to this
subparagraph within five years of that allocation, those
moneys shall be exempt from the allocation requirements in
this paragraph and shall revert to, and be paid and deposited
in, the Housing Rehabilitation Loan Fund established
pursuant to Section 50661 to be used for the Multifamily
Housing Program (Chapter 6.7 (commencing with Section
50675)) or for technical assistance for local governments.
(VII) A local government may petition the department to
return any moneys allocated to it pursuant to this
subparagraph. Any moneys returned pursuant to this clause
shall be used for the Multifamily Housing Program (Chapter
6.7 (commencing with Section 50675)).
(C) Thirty percent of moneys deposited in the fund shall be made available
to the department for use as follows:
(i) Five percent of the moneys deposited in the fund shall, upon
appropriation by the Legislature, be used for state incentive
programs, including loans and grants administered by the
department. If the department receives insufficient funding
applications for incentive programs financed pursuant to this
clause, the department shall make those funds available for the
Multifamily Housing Program (Chapter 6.7 (commencing with
Section 50675)).
(ii) (I) Subject to subclause (II), 10 percent of the moneys
deposited in the fund shall, upon appropriation by the
Legislature, be used to address affordable homeownership
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18
and rental housing opportunities for agricultural workers and
their families.
(II) On and after January 1, 2020, housing funded pursuant
to this clause shall not be rented, sold, or subleased to an
agricultural employer, as defined in Section 1140.4 of the
Labor Code, or its agent, or a farm labor contractor, as
defined in Section 1682 of the Labor Code, or its agent, who
employs at least one H-2A worker, as defined in Section
50205, until the expiration of the regulatory agreement or
affordability covenant, as applicable. A person or entity who
receives funds made available pursuant to this clause on or
after January 1, 2020, and expends any of those funds for
the purpose of funding predevelopment of, developing, or
operating any housing that is rented, sold, or subleased to
an agricultural employer, as defined in Section 1140.4 of the
Labor Code, or its agent, or a farm labor contractor, as
defined in Section 1682 of the Labor Code, or its agent, and
who employs at least one H-2A worker, as defined in Section
50205, until the expiration of the regulatory agreement or
affordability covenant, as applicable, shall reimburse the
department or other state agency that provided those funds,
as provided in paragraph (2) of subdivision (b) of Section
50205. This subclause shall not apply to any contract
entered into or any financial assistance provided pursuant to
this clause prior to January 1, 2020.
(III) A person or entity who receives funds made available
pursuant to this section on and after January 1, 2020, and
expends any of those funds for the purpose of funding
predevelopment of, developing, or operating any housing
shall submit a declaration to the department declaring the
following:
(ia) (Ia) The person or entity is not an agricultural
employer, as defined in Section 1140.4 of the
Labor Code, or its agent, or a farm labor
contractor, as defined in Section 1682 of the
Labor Code, or its agent, who employs at least
one H-2A worker, as defined in Section 50205.
(Ib) The person or entity will not rent, sell, or
sublease any housing funded pursuant to this
chapter to an agricultural employer, as defined
in Section 1140.4 of the Labor Code, or its
agent, or a farm labor contractor, as defined in
Section 1682 of the Labor Code, or its agent,
who employs at least one H-2A worker, as
defined in Section 50205, until the expiration of
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19
the regulatory agreement or affordability
covenant, as applicable.
(ib) The declaration described in sub-subclause (ia)
can be met through the inclusion in a regulatory
agreement or affordability covenant, as applicable,
with the department that is signed by the person or
entity receiving funds pursuant to this chapter.
(iii) Fifteen percent of the moneys deposited in the fund shall,
notwithstanding any other provision of this section or Section 13340
of the Government Code, be continuously appropriated to the
California Housing Finance Agency for the purpose of creating
mixed income multifamily residential housing for lower to moderate-
income households pursuant to Chapter 6.7 (commencing with
Section 51325) of Part 3.
(D) The moneys in the fund allocated to local governments may be
expended for the following purposes:
(i) The predevelopment, development, acquisition, rehabilitation,
and preservation of multifamily, residential live-work, rental housing
that is affordable to extremely low, very low, low-, and moderate-
income households, including necessary operating subsidies.
(ii) Affordable rental and ownership housing that meets the needs
of a growing workforce earning up to 120 percent of area median
income, or 150 percent of area median income in high-cost areas.
(iii) Matching portions of funds placed into local or regional housing
trust funds.
(iv) Matching portions of funds available through the Low and
Moderate Income Housing Asset Fund pursuant to subdivision (d)
of Section 34176 of the Health and Safety Code.
(v) Capitalized reserves for services connected to the creation of
new permanent supportive housing, including, but not limited to,
developments funded through the Veterans Housing and
Homelessness Prevention Bond Act of 2014.
(vi) Assisting persons who are experiencing or at risk of
homelessness, including providing rapid rehousing, rental
assistance, navigation centers, emergency shelters, and the new
construction, rehabilitation, and preservation of permanent and
transitional housing.
(vii) Accessibility modifications.
(viii) Efforts to acquire and rehabilitate foreclosed or vacant homes.
(ix) Homeownership opportunities, including, but not limited to,
downpayment assistance.
(x) Fiscal incentives or matching funds to local agencies that
approve new housing for extremely low, very low, low-, and
moderate-income households.
(3) A state or local entity that receives an appropriation or allocation pursuant to
this chapter shall use no more than 5 percent of that appropriation or allocation
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20
for costs related to the administration of the housing program for which the
appropriation or allocation was made.
(c) Both of the following shall be paid and deposited in the fund:
(1) Any moneys appropriated and made available by the Legislature for purposes
of the fund.
(2) Any other moneys that may be made available to the department for the
purposes of the fund from any other source or sources.
(d) In consultation with stakeholders, the department may adopt guidelines to implement
this section, including to determine allocation methodologies. Any guideline, rule, policy,
or standard of general application employed by the department in implementing this
chapter shall not be subject to the requirements of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code).
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21
Attachment B: Required Resolution Template
RESOLUTION NO. [insert resolution number]
A RESOLUTION OF THE [INSERT EITHER “CITY COUNCIL” OR “COUNTY BOARD OF
SUPERVISORS”] OF [INSERT THE NAME OF THE CITY OR COUNTY] AUTHORIZING
APPLICATION FOR, AND RECEIPT OF, Prohousing Incentive Program funds.
WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the California Department of Housing and
Community Development (Department) is authorized to issue Guidelines as part of an incentive program
(hereinafter referred to by the Department as the Prohousing Incentive Program or “PIP”); and
WHEREAS the [insert either “City Council” or “County Board of Supervisors”] of [insert the
name of the City or County] desires to submit a PIP grant application package
(“Application”), on the forms provided by the Department, for approval of grant funding for
eligible activities toward planning and implementation activities related to housing and community development
as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and
WHEREAS, the Department has issued Guidelines and Application on January 23, 2024 in the
amount of $9,483,402.17 for PIP;
Now, therefore, the [insert either “City Council” or “County Board of Supervisors”] of
[insert the name of the city or county] (“Applicant”) resolves as follows:
SECTION 1. The [insert the authorized designee’s TITLE ONLY] is hereby authorized and
directed to submit an Application to the Department in response to the NOFA, and to apply for the PIP grant
funds in a total amount not to exceed $__________;
SECTION 2. In connection with the PIP grant, if the Application is approved by the Department,
the [insert the authorized designee’s TITLE ONLY] of the [insert the name of the City or
County] is authorized and directed to enter into, execute, and deliver on behalf of the
Applicant, a State of California Agreement (Standard Agreement) for the amount of [$ enter the
dollar amount of the Applicant’s request], and any and all other documents required or
deemed necessary or appropriate to evidence and secure the PIP grant, the Applicant’s
obligations related thereto, and all amendments thereto; and
SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the Guidelines,
and the Standard Agreement provided by the Department after approval. The Application and
any and all accompanying documents are incorporated in full as part of the Standard Agreement.
Any and all activities funded, information provided, and timelines represented in the Application
will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and
in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the
funds for eligible uses and allowable expenditures in the manner presented and specifically
identified in the approved Application.
ADOPTED ON [insert the date of adoption], by the [insert either “City Council” or “County
Board of Supervisors”] of [insert the name of the City or County] by the following vote count:
AYES: NAYS: ABSENT: ABSTAIN:
ATTEST: APPROVED AS TO FORM:
[Signature of Attesting Officer]
___________________________________________APPROVED
[Signature of approval]
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Attachment C: Definitions
Capitalized terms shall have the meanings set forth below:
A. “Department” means the California Department of Housing and Community
Development.
B. “Designated Program Year” means the designated time period as indicated in the
Notice of Funding Availability (“NOFA”) issued by the Department for each
funding round.
C. “Eligible Applicant” means a city, county, or city and county that is in compliance
with applicable housing laws as described in section 203 herein.
D. “Extremely Low-Income Households” has the meaning set forth in Health and
Safety Code Section 50106.
E. “Low-Income Households” has the meaning set forth for lower-income
households in Health and Safety Code Section 50079.5.
F. “Preserved” means units Preserved at affordable housing costs to lower-income
households by acquisition of the units or the purchase of affordability covenants
and restrictions as described in paragraph (2) of subdivision (c) of Section
65583.1 of the Government Code, except that the city, county, or city and county
may have committed assistance at any time during the projection period.
G. “Program” means the Prohousing Incentive Program implemented by these
Guidelines.
H. “Prohousing Designation” means the Eligible Applicant has fulfilled the criteria
codified at CCR Title 25 HCD Div. 1, Chapter 6, Subchapter 6.6, Sections 6600
through 6607, consecutive prohousing-regulation-text.pdf (ca.gov).
I. “Prohousing Designation Score” means the number of points allocated to a
jurisdiction as part of the Prohousing Designation Program for the purpose of
determining whether the jurisdiction receives designation, per the regulations
codified in the California Code of Regulations Title 25 Housing and Community
Development, Division 1, Chapter 6, Subchapter 6.6, Sections 6600 through
6607, Consecutive Prohousing Designation Program.
J. “Substantially Rehabilitated” means units at imminent risk of loss to the housing
stock which are Substantially Rehabilitated and therefore represent a net
increase in the community’s affordable housing stock as described in paragraph
(2) of subdivision (c) of Section 65583.1 of the Government Code, except that the
city, county, or city and county may have committed assistance at any time
during the projection period.
K. “Very Low-Income Households” has the meaning set forth in Health and Safety
Code Section 5015.
Page 142 of 589
Prohousing Incentive Pilot
(PIP) Program
2024 Application for Local Governments
State of California
Governor, Gavin Newsom
Melinda Grant, Undersecretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
Department of Housing and Community Development
Megan Kirkeby, Deputy Director
Division of Housing Policy Development
Final Filing Date: March 15, 2024
2020 West El Camino Avenue, Suite 500, Sacramento, CA 95833
Website: https://www.hcd.ca.gov/grants-and-funding/programs-active/prohousing-
incentive-program
Email: ProhousingIncentive@hcd.ca.gov
Attachment 2
Page 143 of 589
X
X
X
X
X
X
Prohousing Incentive Pilot (PIP) Program Application Instructions
The applicant is applying to the Department of Housing and Community Development (Department) for a grant authorized under
the provisions pursuant to Health and Safety Code Section 50470(2)(C)(i). PIP is designed to encourage cities and counties to
achieve Prohousing Designation. Please refer to the PIP Guidelines and 2024 Notice of Funding Availability (NOFA) for detailed
information on eligible uses and awards. If you have questions regarding this application or the PIP Program, email
prohousingincentive@hcd.ca.gov.
If approved for funding, the PIP application is incorporated as part of your Standard Agreement with the Department. To be
considered for funding, all sections of this application, including attachments if required, must be complete and accurate.
In order to be considered for funding, all applicants must submit a complete, signed application to
prohousingincentive@hcd.ca.gov by March 15, 2024. Pursuant to Section 202 of the PIP Guidelines, all applicants must meet
the following threshold requirements to be eligible for funding:
An adopted housing element in substantial compliance, as determined by the Department, pursuant to Housing
Element Law (Article 10.6 of Gov. Code) in accordance with Government Code section 65585, subdivision (h).
Threshold Requirements
Demonstration of meeting threshold criteria shall be determined by the Department in its sole and absolute discretion. No
documentation of meeting threshold requirements is required in the application unless requested by the Department.
Housing Element Annual Progress Report submittal pursuant to Government Code Section 65400 for the current or
prior year, as applicable.
Prohousing Designation: An awarded or completed Prohousing Designation Application with an authorizing
resolution must be submitted prior to or in conjunction with the Applicant’s PIP Application. PIP Awards cannot be
made until a Prohousing Designation is awarded.
A complete application as determined by the Department.
An authorizing resolution authorizing submittal of the application to the Program that materially comports with the
Program’s requirements and is legally sufficient as determined in the Department’s reasonable discretion, including
an authorized representative. See Attachment B of the PIP Guidelines for required resolution format.
Compliance with state and federal housing laws as determined by the sole discretion of HCD.
Page 144 of 589
Applicant
Applicant Agency Type
Mailing Address
City Zip Code
County
Website
DUNS Number
TIN
Authorized Representative Name
Authorized Representative Title
Phone Fax
Email
Contact Person Name
Contact Person Title
Phone Fax
Email
Signature Date
Name Title
94-6000446
Sage Sangiacomo
City Manager
707-463-6221
ssangiacomo@cityofukiah.com
Jim Robbins
707-463-6204
Applicant Information
City of Ukiah
City
300 Seminary Ave
Ukiah 95482
Mendocino
https://cityofukiah.com
74642893
Sage Sangiacomo
2/23/2024
City Manager
As the official designated by the governing body (authorized representative above and in resolution), I hereby certify that,
if approved by HCD for funding through PIP, the applicant assumes the responsibilities specified in the NOFA and
certifies that the information, statements, and other contents contained in this application are true and correct.
707-463-6204
Housing and Grants Manager
707-463-6708
jrobbins@cityofukiah.com
Page 145 of 589
X
X
X
Statement of Work Plan
Acquisition of infill parcel(s) for Affordable Housing
Research and prep to initiate search for parcels
List of approriate parcels
"Comparables" report of eligible parcels
One or more willing seller letters for purchase of parcel or
parcels
Phase I enviornmental site assessment
Documentation of escrow process or escrow agreement
Conformed copy of recorded title document
Begin
Jan-25
25-Jan
5/1/2025
9/1/2025
12/1/2025
4/1/2026
10/1/2026
3/1/2027
City of Ukiah
City of Ukiah
City of Ukiah
Est. Cost
$530,000
$1,000
$2,000
$7,500
$2,500
$10,000
Notes i or ii Housing projects developed with PIP funds will include an
affordability period of at least 55 years.
Subtask 9 i or ii TBD: Draft of Loan agreement with selected developer(s)City of Ukiah
Subtask 8 i or ii TBD: Draft of NOFA or RFPCity of Ukiah 7/1/2027
11/1/2027
$2,000
$2,000
10/31/2027
6/30/2028
Release of NOFA and/or RFP for ENA to select housing
development partner(s)
Loan agreement(s) with selected developer(s) of low/mod
income or workfroce housing
Any funds not expended for Subtasks 1, 2, 3, 4, 5, 6, 8, or
9 will be allocated to Subtask 7.
Subtask 7 i or ii$500,000 30-Jun
Subtask 6 i or ii$3,000 6/30/2027
Subtask 5 i or ii9/30/2026
Multifamily Housing
Notes
incl: pre-development, development, acquisition, rehab.,
and/or preservation, incl. nec. op. subsid.
Eligible Use Category
i or ii
End
Jun-28
Subtask 1 City of Ukiah staff timei or ii5/30/2025
Subtask 2 City of Ukiah staff timei or ii8/31/2025
Subtask 3 i or ii11/30/2025
Subask 4 i or ii3/31/2026
Eligible Applicants must use award funds towards any planning or implementation activities related to housing and community development including, but not limited to, any eligible uses pursuant to Health and Safety Code section 50470(b)(2)(D), as described below. Please indicate which of the
following the applicant will use award funds toward:
Eligible Uses
Objective
Summary of Proposed Activities
(v) Capitalized reserves for services connected to the creation of new permanent supportive housing, including, but not limited to, developments funded through the Veterans Housing and Homelessness Prevention Bond Act of 2014.
(vi) Assisting persons who are experiencing or at risk of homelessness, including providing rapid rehousing, rental assistance, navigation centers, emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
(i) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low, very low, low-, and moderate-income households, including necessary operating subsidies.
(ii) Affordable rental and ownership housing that meets the needs of a growing workforce earning up to 120 percent of area median income, or 150 percent of area median income in high-cost areas.
(iii) Matching portions of funds placed into local or regional housing trust funds.
(vii) Accessibility modifications.
(viii) Efforts to acquire and rehabilitate foreclosed or vacant homes.
(ix) Homeownership opportunities, including, but not limited to, downpayment assistance.
(x) Fiscal incentives or matching funds to local agencies that approve new housing for extremely low, very low, low-, and moderate-income households.
(iv) Matching portions of funds available through the Low and Moderate Income Housing Asset Fund pursuant to subdivision (d) of Section 34176 of the Health and Safety Code.
Responsible Party
City of Ukiah
City of Ukiah
City of Ukiah
City of Ukiah
City of Ukiah
Page 146 of 589
Jurisdiction Name Eligible Base Award
Geographic Category Bonus Award Amount:
Prohousing Designation Application
Score Total Award38 530,000$
Award Amount
Ukiah 150,000$
North State and Sierra Nevada
Click the dropdown menu to choose a jurisdiction. The geographic category and base award will auto-populate. If the jurisdiction
has obtained Prohousing Designation at the time of PIP application submittal, enter in the Prohousing Designation applicant score.
Population projections are based on the Department of Finance E-1 Jan 1, 2023 estimates.
https://dof.ca.gov/Forecasting/Demographics/estimates-e1/
380,000$
Page 147 of 589
Attachment 3
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING APPLICATION
FOR, AND RECEIPT OF, PROHOUSING INCENTIVE PILOT PROGRAM FUNDS
WHEREAS, pursuant to Health and Safety Code 50470 et. Seq, the Department of Housing and
Community Development (Department) is authorized to issue Guidelines as part of an incentive program
(hereinafter referred to by the Department as the Prohousing Incentive Pilot Program or “PIP”); and
WHEREAS, the City Council of the City of Ukiah desires to submit a PIP grant application package
(“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities
toward planning and implementation activities related to housing and community development as a result
of meeting eligibility criteria including but not limited to Prohousing Designation; and
WHEREAS, the Department has issued Guidelines and Application on January 23, 2024 in the amount of
$9,483,402.17 for PIP;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UKIAH AS
FOLLOWS:
1. The City Manager is hereby authorized and directed to submit an Application to the Department in
response to the NOFA, and to apply for the PIP grant funds in a total amount not to exceed
$530,000;
2. In connection with the PIP grant, if the Application is approved by the Department, the City
Manager of the City of Ukiah is authorized and directed to enter into, execute, and deliver on behalf
of the Applicant, a State of California Agreement (Standard Agreement) for the amount of
$530,000, and any and all other documents required or deemed necessary or appropriate to
evidence and secure the PIP grant, the Applicant’s obligations related thereto, and all amendments
thereto; and
3. The Applicant shall be subject to the terms and conditions as specified in the Guidelines,
and the Standard Agreement provided by the Department after approval. The Application and any
and all accompanying documents are incorporated in full as part of the Standard Agreement. Any
and all activities funded, information provided, and timelines represented in the Application will be
enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in
conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the
funds for eligible uses and allowable expenditures in the manner presented and specifically
identified in the approved Application.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah on this 21st day
of February, 2024, by the following roll call vote count:
AYES:
NAYS:
ABSENT:
ABSTAIN:
_____________________________
Josefina Dueñas, Mayor
ATTEST:
______________________________________
Kristine Lawler, City Clerk
Page 148 of 589
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Page 151 of 589
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Agenda Item No: 8.f.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1522
AGENDA SUMMARY REPORT
SUBJECT: Consideration of an Amendment to Contract for Medical Control Oversight with Dr. Brandon
Begley, Increasing the Annual Compensation to $52,000.00 for the Third Year of the Contract.
DEPARTMENT: Fire PREPARED BY: Doug Hutchison, Fire Chief
PRESENTER: Doug Hutchison - Fire Chief
ATTACHMENTS:
1. ASR - Item 7e 3-17-21
2. Contract 2021-181
3. Amendment 1 - Draft
Summary: Council will consider Amendment No. 1 to City of Ukiah Contract No. 2021-181, a Professional
Services Agreement for Medical Direction Oversight with Dr. Brandon Begley in the amount of $52,000.00 for
the third year of the contract and initiate termination of the existing contract at the end of the third year.
Background: All agencies in California that provide Advanced Life Support (ALS) services are required to
have a Medical Director for oversight of the program under Title 22 regulations. In 2021, the Ukiah Valley Fire
Authority (UVFA) contracted with Dr. Brandon Begley for these services as approved by Council (Attachment
#1). The resulting contract is provided for as Attachment 2; services began on June 1, 2021.
Discussion: In 2023, the Ukiah Valley Fire Authority implemented a new Continuous Quality Improvement
(CQI) program, which provides for the objective review of 100% of all Patient Care Reports (PCRs) submitted
by our team members. Previously, these reviews were performed by select on-duty team members as part of
their assigned duties. However, due to increasing call volumes and task saturation from additional assigned
duties, it became unmanageable to review all the PCRs in-house, so Staff sought outside assistance.
Dr. Begley was already under contract with UVFD, primarily supplying the department authorization to
purchase required controlled substances a few times per year and had very limited, on-call oversight of the
(then) limited CQI program. Under the more comprehensive 2023 program, Dr. Begley, as our Medical
Director, is now directly involved in the PCR reviews, which he had not been in the past. Dr. Begley receives
weekly reports from the CQI team of reports requiring his review and determination. Additionally, he engages
directly with our paramedics individually if any issues are identified through the process. This has led to a
significant increase in the time commitment on his part in support of our Paramedic program and quality
improvement efforts, as the Ukiah Valley fire Authority wrote over 3,000 PCRs in 2023. While not all of those
required Dr. Begley's review, a large portion did, particularly in the beginning, as the new system was being
rolled out.
Additionally, part of Dr. Begley's original compensation amount was to cover the extra costs of insurance
required for this specific service; those costs have risen as well, from $4,000 to $6,000. Thus, Amendment #1
(Attachment #3) increases the total compensation for his services for the third year (June 2023 - Jun 2024) of
the contract from $10,000 to $52,000.00 to compensate for the increased scope of services and insurance
costs.
Given the expanded scope and continued need for services now required, Staff recommends initiating the
Page 152 of 589
Page 2 of 2
termination of the existing (2021) contract with Dr. Begley at the end of May 2024 and preparing a new
procurement with a current scope of work for ongoing services, with the expectation of uninterrupted service
delivery.
Recommended Action: Approve amendment to contract for Medical Control Oversight with Dr. Brandon
Begley, increasing the annual compensation to $52,000.00 for the third year of the contract.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 10521210.52112: $41,600; 71021100.52112: $10,400
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2021181
COORDINATED WITH:
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
Page 153 of 589
Page 1 of 2
Agenda Item No: 7.e.
MEETING DATE/TIME: 3/17/2021
ITEM NO: 2021-761
AGENDA SUMMARY REPORT
SUBJECT: Consideration and Possible Action to Enter into a Professional Services Agreement with Dr.
Brandon Begley, MD, to Provide Medical Direction Oversight to the Ukiah Valley Fire Authority (UVFA) for
Paramedic Services.
DEPARTMENT:Fire PREPARED BY:Doug Hutchison, Fire Chief
PRESENTER: Consent Calendar
ATTACHMENTS:
1.Medical Director SOW and Functionsv_1
Summary: Council will consider approval of a contract with Dr. Brandon Begley, MD to provide Medical
Direction oversight.
Background: Every agency providing Advanced Life Support (ALS) in California is required by Title 22
regulations to have a Medical Director to provide oversight to ALS providing agencies. By these provisions the
agency’s paramedics work under the Doctor's medical license.
Discussion: The Ukiah Valley Fire Authority (UVFA) provides ALS care daily with ambulance service and
ALS capabilities on staffed fire engines. Current Medical Director services are limited to signatures for
required pharmaceutical purchases, including controlled substances. The proposed agreement will provide the
Fire Authority with Medical Director services that will expand existing services to include continuing education,
provide oversight and quality assurance of our paramedics, and assist with protocol development and
implementation.
Dr. Begley was chosen for his extensive experience in emergency medicine. Dr. Begley started his medical
career as a Paramedic and thus is acutely aware of the job and what it entails. Dr. Begley is a practicing
Emergency Department physician, and also serves as the medical director for Med Star ambulance. As such,
Dr. Begley will be able to provide the service that we need to continuously increase the effectiveness of our
Paramedic program, as well as the quality of care that we provide.
Attachment 1 shows a Scope of Work and Essential Functions of the Medical Director for the UVFA.
Recommended Action: Approve a three-year Professional Services Agreement with Brandon Begley, MD, to
provide Medical Direction oversight, at an amount not to exceed $10,000.00 per year.
BUDGET AMENDMENT REQUIRED: No.
CURRENT BUDGET AMOUNT: 10021210.52112: $5,000.00; 71021000.52112: $3,000
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
ATTACHMENT 1
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Page 2 of 2
COORDINATED WITH: Doug Hutchison- Fire Chief, Justin Buckingham- Battalion Chief
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ATTACHMENT 2
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COU 2021-181-A1
CITY OF UKIAH
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
DR. BRANDON BEGLEY and THE CITY OF UKIAH
This Amendment No. 1, entered on _______, 2024 revises the Agreement for
Professional services dated May 1, 2021 between the City of Ukiah and Dr. Brandon
Begley for consulting services relating to Advanced Life Support Medical Direction.
This Amendment No. 1 adds an additional $42,000 for year three of the agreement. This
revises the total, not-to-exceed amount for all three years combined to $72,000.
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:
CONSULTANT
BY: DATE:
PRINT NAME:
CITY OF UKIAH
BY: DATE:
SAGE SANGIACOMO, CITY MANAGER
ATTEST
BY: DATE:
KRISTINE LAWLER, CITY CLERK
ATTACHMENT 3
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Page 1 of 3
Agenda Item No: 8.g.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1528
AGENDA SUMMARY REPORT
SUBJECT: Authorize City Manager or Designee to Accept Chapter 11 Bankruptcy Plan for Claims Related to
Opioid Settlement Funds Allocated to the City of Ukiah.
DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney
PRESENTER: Darcy Vaughn, Assistant City Attorney
ATTACHMENTS:
1. Official Committee of Opioid Claimants Letter
Summary: The City Council is asked to authorize the City Manager or his designee to accept Chapter 11
Bankruptcy Plan as holder of Local Government Opioid Claim against Endo International, a defendant in the
National Opioid Settlement.
Background: Pharmaceutical company Endo International Plc ("Endo") is one of the defendants in the
complex national opioid litigation. Endo has been accused of fueling the opioid crisis through illegal promotion
of painkiller, Opana ER. Endo filed for bankruptcy in August 2022, seeking to address its $8 billion debt load
and to settle thousands of lawsuits over allegations of its role in the opioid epidemic. As part of its bankruptcy,
Endo has committed to pay $465 million to U.S. states, $119.7 million to people affected by opioid addiction,
and $11.5 million to a trust for future opioid claimants. The case is titled In re Endo International, U.S.
Bankruptcy Court for the Southern District of New York, No. 22-22549. The docket for the Chapter 11
bankruptcy case, as well as all case documents, can be found at https://restructuring.ra.kroll.com/Endo/
The City of Ukiah is considered a holder of Local Government Opioid Claims and is eligible to receive
distributions from the State of California in accordance with the State's opioid abatement programs. At this
time, Staff has not been able to locate information about 1) the amount of California's share of the $465 million
to be paid to the states (aka the "Public Opioid Consideration") as part of the Chapter 11 Bankruptcy Plan or 2)
the percentage of California's distribution of the Public Opioid Consideration that will be allocated to the City as
a Local Government Opioid Claim holder. That information will be provided to Council when available.
While Council has already authorized the City Manager to execute ongoing participation documents related to
the National Opioid Settlements, as the Endo settlement involves a slightly different issue, i.e. acceptance of
Endo's Chapter 11 Bankruptcy plan, Staff asks that Council confirm that the City Manager is authorized to
accept the Chapter 11 Bankruptcy Plan for distribution of settlement funds to claimants in this matter.
Discussion: The opioid crisis has had a significant and devastating impact on the Ukiah community. Given
the limited amount of funding allocated to the City and the urgency of addressing the opioid crisis, Staff
recommends that the City Council authorize the City Manager or his designer to accept the Chapter 11
Bankruptcy Plan for distribution of settlement funds to claimants in this matter.
As a holder of a Local Government Opioid Claim, the City is part of a voting class in the Endo Chapter 11
Bankruptcy. The City has been asked to vote on whether to accept the proposed Chapter 11 Bankruptcy plan
in this matter. Included as Attachment 1 to this report is a letter from the Official Committee of Opioid
Claimants (the “OCC”) appointed in the bankruptcy case. The OCC recommends that all holders of claims
against Endo vote to accept the plan. While the OCC's letter is more concerned with private citizen claims
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Page 2 of 3
against Endo, as opposed to the public opioid claimant group, one rationale for OCC's recommendation is
entirely applicable to government claimants: "he certainty of cash in the near term was more important than
the more speculative possibility of value from non-cash and contingent assets, such as the rights to seek
recovery from the Debtors’ insurance assets or prosecute causes of action against third parties."
As noted above, the City, as a holder of a Local Government Opioid Claim, shall be eligible to receive
distributions from California's share of the $460,048,000 Public Opioid Consideration. On the effective date of
the Chapter 11 plan, this amount will be distributed to the Public Opioid Trust to be established for
administration and payment of all State Opioid Claims. Note that the Chapter 11 plan indicates that the Trust
will be formed, and distributions from the Public Opioid Consideration will be made, in accordance with the
"Public Opioid Distribution Documents." However, such Documents, which will consist of a "Transaction
Support Agreement" and a "Public Opioid Trust Agreement" will not be drafted until after the Chapter 11 plan
goes into effect.
Despite the fact that the amount of funds the City may recover as a holder of a Local Government Opioid
Claim pursuant to the Chapter 11 plan is unknown at this time, the fact that the State of California has not
entered into a separate settlement agreement with Endo means that the City's recovery as local government
entity within California will be limited to a percentage of the Public Opioid Consideration. Given the certainty of
a cash payment to satisfy the City's claims versus an uncertain recovery through protracted litigation, staff
concurs in the OCC's recommendation that the City accept the proposed Chapter 11 Bankruptcy Plan for its
claims against Endo. The City's eventual allocation of the Public Opioid Consideration will be used in the same
manner as the Settlement Funds the City has received and will receive as part of the National Opioid
Settlement, i.e., specific purposes related to opioid remediation, including but not limited to substance abuse
disorder facilities, SUD treatment infrastructure, support for communities of color and vulnerable populations,
diversion programs from the justice system, and interventions to prevent drug addiction among vulnerable
youth.
At the Regular City Council meeting of October 4, 2023 (Item 13c), the City Council directed that the City
allocate, "the entire amount of the settlement funds, without deduction for administration costs, toward the
development and enhancement of substance abuse treatment facilities within the city limits. The City's
General Fund will fund the cost of all administrative and internal services related to the use of settlement
funds. This approach aligns directly with the intent of the Allocation Agreements and will have a more
sustainable, immediate and direct impact on addressing the opioid crisis in our community. Allocating the
settlement funds exclusively to substance abuse treatment infrastructure aligns with the overarching goal of
addressing the opioid epidemic and supporting those most affected. By not deducting administration costs, the
City can maximize the impact of these funds and ensure that they are directed toward the front lines of the
opioid crisis." Any funds received through Endo's Chapter 11 Bankruptcy Plan would also be managed in this
manner.
Recommended Action: Authorize the City Manager or designee to accept Chapter 11 Bankruptcy Plan as
holder of Local Government Opioid Claim against Endo International, a defendant in the National Opioid
Settlement.
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
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP):N/A
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Page 3 of 3
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In re Endo International Plc, Case No. 22-22549 (JLG)
The OCC’s Letter to Opioid Claimants in Support of the Plan
To all holders of Opioid Claims against Endo International Plc and its subsidiaries and affiliates
(collectively, the “Debtors” or “Endo”):
We write this letter as counsel to, and on behalf of the Official Committee of Opioid Claimants
(the “OCC”) appointed in the Debtors’ bankruptcy cases (the “Chapter 11 Cases”) to share the
OCC’s views on the Joint Chapter 11 Plan of Reorganization of Endo International Plc and its
Affiliates Debtors (the “Plan”)1 and the resolution for private2 Opioid Claimants that is part of the
Plan (the “OCC Resolution”).
In summary, the OCC recommends that you (a) vote to accept the Plan and (b) grant the
third party release by checking the box on your ballot (if you are a PI, NAS, or IERP claimant)
or by not opting out of the release on your ballot (if you are any other type of opioid claimant,
such as a Hospital or Third Party Payor).
Your Ballot must be received by February 22, 2024 at 4:00 p.m. (ET) to be counted.
This letter is divided into the following sections:
1.The OCC and its Members
2.The Reasons that the OCC Supports the Plan
3.A Summary of the Chapter 11 Cases
4.The OCC Settlement/the Plan
5.Important Information About Voting and Granting the Releases
*****
1 Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Plan. This
summary is for informational purposes only and is subject in all respects to the Plan. In the event of a conflict between
this summary and the Plan, the Plan controls.
2 The OCC Resolution included in the Plan, and as discussed in this letter, provides recoveries to present private opioid
claimants (PI’s, NAS Claimants, Hospitals, Third Party Payors, and Independent Emergency Room Physicians). The
Plan provides for separate recoveries for various Public Opioid Claimants: (1) More than 40 states (the majority of
which negotiated a resolution with Endo prior to the Petition Date) will receive $273 million on the Effective Date
(which will increase to $460 million if paid over 8 years); (2) Tribes will receive up to $15 million paid over 8 years
(subject to potential prepayment at a discount); (3) certain Canadian governmental entities will receive up to $7.25
million paid over a number of years (subject to potential prepayment at a discount); and (4) Public Schools will receive
up to $3 million paid over a number of years (subject to a potential prepayment at a discount). Local governments in
the United States will receive the right to participate in their applicable State distribution, subject to the determination
of each State. Although the OCC did not directly negotiate any of these resolutions, the OCC facilitated many of them
and supports all of them. The OCC would also note that Endo paid approximately $240 million in settlement payments
prior to chapter 11 to various States, political subdivisions, and one NAS claimant. Therefore, the sum total of Endo’s
payment for its opioid liability, on an NPV basis, is more than $600 million, and on a nominal basis, is close to $800
million. The OCC recommends that each State, Public School, Tribe, and Canadian Governmental entity that is
subject to these various settlements vote in favor of the Plan and, to the extent applicable, grants the release s.
75795-03 Attachment 1
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1. The OCC And Its Members
The OCC is the official independent fiduciary for the interests of all Opioid Claimants. Each
member of the OCC was appointed by the Office of the United States Trustee (the “UST”)3 to
serve on the OCC.
The OCC consists of the following unpaid and volunteer members:4
1. Robert Asbury, who serves as a Guardian Ad Litem representing two children afflicted with
Neonatal Abstinence Syndrome (“NAS”) who are plaintiffs in a Tennessee lawsuit seeking
damages under Tennessee’s Drug Dealer Liability Act from certain of the Debtors.
2. Sabrina Barry, who is a mother and caregiver of two children exposed to opioids in utero.
In 2011, Ms. Barry suffered a car accident. When she was admitted to the hospital for
treatment for her injuries, she learned she was pregnant. Without receiving information
from her doctors regarding the risks, Ms. Barry was prescribed opioids, including Percocet,
throughout her entire pregnancy and for a year and a half after she gave birth.
3. Blue Cross and Blue Shield Association, a national association of 34 independent,
community-based Blue Cross and Blue Shield companies (the “BCBS Companies”). The
BCBS Companies provide healthcare coverage to one-third of all Americans, including
approximately 5.5 million federal employees and annuitants who are members of a health
plan established under the Federal Employee Health Benefits Act that BCBSA
administers.5
4. Erie County Medical Center Corporation, one of Western New York’s leading hospitals,
serving Western New York and its surrounding areas. ECMCC specializes in trauma care,
transplantation and kidney care, oncology and behavioral health, including the care and
treatment of those afflicted with opioid addiction. ECMCC has been at the forefront of
addressing the opioid crisis in Western New York, and has borne the brunt of
uncompensated and undercompensated care for harm inflicted by the Debtors. Not only is
ECMCC a leader in the treatment and care of those afflicted with opioid addiction, but it
also is at the cutting-edge of researching, strategizing and developing new protocols and
remedies to fight the opioid crisis to ease the burdens of those affected most.
3 The UST is an agency within the United States Department of Justice (the “DOJ”) tasked, among other things, with
determining whether to appoint a committee (or multiple committees) of unsecured creditors to represent the interests
of unsecured creditors in chapter 11 cases.
4 For more information about the members of the OCC, we refer you to the Verified Statement of the Official
Committee of Opioid Claimants of Endo International plc, et al., Pursuant to Bankruptcy Rule 2019, dated September
27, 2022 [ECF No. 299], a copy of which can be accessed on the Debtors’ case website at:
https://restructuring.ra.kroll.com/endo/Home-DownloadPDF?id1=MTM0NzI1OA==&id2=-1.
5 BCBSA’s claims arise from payments of excessive amounts for prescription medications used by members of private
Medicare Part C and Medicaid plans, Federal Employee Health Benefits Act plans and coverage and administrative
services for fully insured and self-funded employer health plans under ERISA. BCBSA’s claims also arise from the
downstream effects of these opioid prescriptions, including paying for the treatment —emergency treatment and
protracted rehabilitation—of current and former members who have suffered the effects of improper opioid
prescriptions.
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3
5. Sean Higginbotham, is the husband of Lisa, whom he met in Texas. Sean and Lisa moved
to rural Oklahoma to raise their family. However, a hit-and-run accident left Lisa with
severe back problems and intense chronic pain. A number of surgeries and years of use of
prescription opioids—including opioids manufactured by certain of the Debtors—did little
to solve these issues. By 2012, Lisa had a noticeable change in her personality, having
become increasingly reserved and refusing to leave her home. Lisa’s opioid dependence
symptoms worsened until her children found her deceased due to an opioid overdose in
2018.
6. Alan MacDonald was prescribed opioids—including oxycodone manufactured by certain
of the Debtors—to treat his pain after suffering an injury. Soon thereafter, his growing
dependence on opioids affected his life and his family. Mr. MacDonald lost his job,
suffered a divorce from his wife and lost custody of his two daughters. He subsequently
pursued rehabilitation seeking the help he needed ; however, he needed more time than he
had to recover from his dependence on opioids. After struggling with recovery for many
years, Mr. MacDonald now attends and hosts AA meetings to help others who have also
suffered from opioid addiction.
7. Michael Masiowski, M.D., is an independent emergency room physician who has provided
emergency opioid treatment services to patients who were uninsured, indigent or otherwise
eligible for services through programs such as Medicaid. Dr. Masiowski is the putative
class representative for a class of emergency room physicians who have been forced to
provide an inordinate amount of emergency room services related to the “opioid epidemic,”
either for no compensation or for compensation substantially below market rates.
In addition to these voting members, Rochester City School District serves as an ex officio member
of the OCC on behalf of certain public school districts.
On September 8, 2022, the OCC selected Cooley LLP to serve as lead and general bankruptcy
counsel and Akin Gump Strauss Hauer & Feld LLP (“Akin”) to serve as special counsel. The OCC
selected Province, Inc. (“Province”) to serve as its financial advisor and Jefferies LLC (“Jefferies”)
to serve as its investment banker on September 9, 2022. Akin, Province and Jefferies also served
as the main legal and financial advisors to the opioid claimants’ committees or official committees
of unsecured creditors in the bankruptcy cases of Purdue and Mallinckrodt, and Akin and Province
also served as the main legal and financial advisors to the official committee of unsecured creditors
in the bankruptcy case of Insys Therapeutics.
*****
2. The Reasons that the OCC Supports the OCC Settlement in the Plan
The opioid epidemic is the single worst man-made public health crisis of our time. Countless lives
have been devastated by the opioid crisis, and the number continues to grow. The OCC is sensitive
to and focused on the harm suffered by every Opioid Claimant and its sole mandate in the Chapter
11 Cases has been to advocate for Opioid Claimants and to do whatever is possible to further the
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4
efforts of obtaining compensation for victims and abating the opioid crisis resulting from the harm
that these particular Debtors have allegedly caused.6
The OCC acknowledges that the OCC Resolution included in the Plan (as well as the other
settlements that public opioid claimants have reached) is not perfect and that the amount of money
being provided to Opioid Claimants by Endo to resolve the OCC’s objections and issues in the
Chapter 11 Cases (as well as to resolve the issues raised by various public opioid claimants) will
never provide enough value to make up for the harm allegedly caused by the Debtors —indeed,
that no amount of money would ever remedy such harm. The OCC has had to balance this
understanding against the need for Opioid Claimants to receive material cash in a meaningful
timeframe. This was particularly challenging in these Chapter 11 Cases given the relatively small
size of the Debtors’ business, particularly as compared to Purdue (and even Mallinckrodt), and the
significant amount of secured financial debt that the Company had (billions of dollars).
After significant work, the OCC concluded that the OCC Resolution embodied in the Plan—i.e.,
the payment of $119.7 million over two years to Private Opioid Claimants (or $89.7 million if paid
entirely on the Effective Date of the Plan)—was the best way now available to meet the OCC’s
goals and to ensure that funds reach Opioid Claimants as quickly as possible. The OCC Resolution,
along with resolutions reached with public Opioid Claimants both during and before the chapter
11 case, will provide for more than $600 million (net present value)7 in funding for critical
abatement efforts and victim compensation.
One of the factors that led the OCC to this conclusion is the substantial delay in payments to
Opioid Claimants that has occurred in other opioid chapter 11 cases. In Mallinckrodt, for
example, the settlement for opioid claimants in Mallinckrodt’s first bankruptcy filing provided for
an eight-year payment stream. However, as a result of Mallinckrodt’s second bankruptcy filing,
only a portion of those payments were ever made, and the remaining payments were heavily
discounted, cutting off hundreds of millions of dollars that would have gone to opioid abatement
and victim compensation. In Purdue, as a result of ongoing appeals brought by the DOJ and the
UST, opioid claimants other than the DOJ have not received any money from Purdue or the Sackler
family since Purdue filed for bankruptcy in September 2019, despite approval of the Purdue plan
of reorganization by the bankruptcy court in the fall of 2021. In light of these cases, the OCC
negotiated for a resolution that requires that all payments be made within two years of the Effective
Date of the Plan. Private Opioid Claimants who filed proofs of claim, elect or are deemed to give
the third party releases8 and who meet the other relevant criteria for their specific sub-trust can
6 The OCC also considers its mandate in these opioid cases to include doing what it can to protect public health and
safety from the results of Endo’s opioid practices. To that end, the OCC was instrumental in negotiating for the
appointment of a monitor to oversee Endo’s compliance with the voluntary business injunction it negotiated with the
States to ensure that its business practices concerning opioids comply with such injunction. The OCC was also pleased
that the States negotiated for the funding of a document repository to include tens of thousands of Endo documents to
help educate the public about Endo’s role in the opioid crisis.
7 As noted earlier, Endo paid approximately $242 million in settlement payments to public opioid claimants and one
NAS claimant prior to chapter 11. If Endo pays the amounts due under the Plan entirely on the Effective Date—which
is likely—the net present value of those payments to Opioid Claimants is approximately $370 million.
8 The third-party releases are discussed in more detail below.
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5
expect to receive payment on their claim as soon after the Effective Date as the trustees for their
trusts are able to do so.
Another factor that led the OCC to support this Plan is the desire to distribute money to
Private Opioid Claimants without harming the settlement reached by the State Attorneys
General on their public side opioid claims. Private Opioid Claimants are not parties to the
approximately $50 billion in settlements negotiated outside of bankruptcy by certain public opioid
claimants (including the Federal government, states, political subdivisions and Native American
Tribes) with other opioid defendants (i.e., companies not in bankruptcy such as Teva, McKesson
and CVS). As a result, private Opioid Claimants have received almost none of the cash distributed
to date in connection with those settlements and will receive none in the future. Indeed, to date,
private opioid claimants have received only limited distributions in connection with just two
bankruptcy cases: Insys and Mallinckrodt. The Endo Plan, conversely, will deliver $119 million
to private opioid claimants in two years (or, if prepaid, approximately $90 million on the Effective
Date).
A third important factor is the OCC’s determination that the certainty of cash in the near
term was more important than the more speculative possibility of value from non-cash and
contingent assets, such as the rights to seek recovery from the Debtors’ insurance assets or
prosecute causes of action against third parties. This determination was based in part on the
immediate need faced by Opioid Claimants, but also—and more importantly—on the OCC’s work
to evaluate these contingent assets and the problems that could be encountered in trying to recover
from them. The OCC’s advisors conducted extensive diligence regarding the Debtors’ insurance
assets, including the Debtors’ access to products liability insurance coverage for claims related to
their manufacture, marketing, and sale of opioid products. Based on this diligence, the OCC
considered the strengths and weaknesses of any claims against such insurance, as well as potential
estate causes of action against other defendants relating to such insurance and determined that the
better option, in light of the OCC’s goals set forth above, was to negotiate for payment of cash as
soon as possible. The OCC also recognized that even if contingent assets could be more valuable
in the longer term, the process of obtaining that value would delay much-needed recoveries for
Opioid Claimants and would require funding that could be better used for opioid abatement and
victim compensation. By negotiating for cash payment in the near term, the OCC Resolution
avoids the significant costs and delays associated with pursuit of these contingent assets.
Fourth, the OCC considered the strength of its legal arguments against the proposed Plan
(and prior to that, against the proposed sale), and weighed the strength of those legal arguments
and the potential recoveries for opioid claimants if the OCC were successful, against the OCC
Resolution and the associated factors discussed in this letter. The OCC included in that analysis
the risks, costs, and delay associated with bringing any such litigation. The OCC concluded that
the OCC Resolution was preferable.
A final important factor considered by the OCC was the recovery for Private Opioid
Claimants (and the allocation among them) as compared to the recovery for Public Opioid
Claimants. First, the OCC looked at both (i) the proposed allocations between public and private
opioid claimants in Purdue and Mallinckrodt and (ii) the relative size of the resolution reached
with the public Opioid Claimants in these Chapter 11 Cases. After engaging in this analysis, the
OCC was comfortable that the outcome in this case was comparable to the allocations and total
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6
proposed recoveries agreed to in those cases. Second, the OCC worked with the various private
claimant sub-groups (including through a two day mediation session) to ensure that each subgroup
of private Opioid Claimants will receive an allocation percentage that is similar (taking into
consideration the relative size of these Chapter 11 Cases when compared to Purdue and
Mallinckrodt) to what its respective sub-group of private opioid claimants were allocated in Purdue
and Mallinckrodt. The OCC was satisfied that these considerations also weighed in favor of
supporting the OCC Resolution.
For all of these reasons, the OCC determined that it was in the best interests of private Opioid
Claimants to support the settlement incorporated in the OCC Resolution and the Plan. The OCC
encourages all holders of private Opioid Claims to vote to accept the Plan and to grant the
releases as we explain herein.
In addition, the OCC is pleased the settlements were reached between Endo, its secured creditors,
and certain Public Opioid Claimants. Therefore, and as noted above, the OCC recommends that
each State, Public School, Tribe, and Canadian Governmental entity that is subject to the various
settlements contained in the Plan for their claimant category vote in favor of the Plan and, to the
extent applicable, grants the release.
*****
3. A Summary of the Chapter 11 Cases
Endo filed for Chapter 11 on August 16, 2022. At that time, it announced, among other things,
three important aspects of the framework it intended to use for the Chapter 11 Cases:
First, that it had entered into a restructuring support agreement with an ad hoc group of its
first-lien secured lenders, pursuant to which that group would purchase Endo’s assets
during the bankruptcy case;
Second, that the ad hoc group of first lien lenders had in turn reached a resolution with the
vast majority of State Attorneys General for a payment of roughly $450 million over 10
years to resolve those States’ opioid-related claims against Endo; and
Third, that the ad hoc group of first lien lenders would offer to any private opioid claimant
the chance to participate in its pro rata share of $85 million paid no earlier than ten years
after the Closing Date (i.e., no earlier than 2033), if and only if such claimants would agree
to provide certain releases for the benefit of third parties, including Endo, Endo’s directors
and officers and the first-lien lenders themselves. This “open offer” had a total net present
value of approximately $27.4 million.
The OCC did not support the “open offer” to Private Opioid Claimants and resolved to challenge
the proposed sale of Endo’s assets, to seek ownership of Endo’s insurance assets and causes of
action, and to generally increase the value being “offered” to Private Opioid Claimants9.
9 At that time, there were no resolutions yet negotiated with the Canadian Provinces nor the Public Schools.
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7
The OCC’s advisors concluded that the total value that could be available for distribution to Opioid
Claimants would have to come from, among others, the following sources (and would come only
after subtracting any amounts that would need to be paid to more senior or secured valid creditors):
(i) the value of the Company’s business operations; (ii) the Debtors’ cash balance of approximately
$1 billion as of the Petition Date; and (iii) potential claims and causes of action for the benefit of
the estate, including claims to recover from the Debtors’ insurance policies and claims against
fiduciaries and other third parties.
Unlocking portions of this value for Opioid Claimants may have depended on the results of
litigation against certain of the Debtors’ secured creditors. At the beginning of the Chapter 11
Cases, the OCC’s advisors investigated, among other things, claims that could be pursued to bring
value into the Debtors’ estates and/or make value available for the benefit of Opioid Claimants, as
well as other potential sources of value for Opioid Claimants. The OCC coordinated with the
Official Committee of Unsecured Creditors (the “UCC”) on investigating any such claims and on
considering and analyzing the likelihood of success of any such claims and the likely recovery
associated with any such claims, as well as the likelihood of collecting on any judgment rendered
in favor of such claims.
To that end, in late January 2023, the OCC—together with the UCC—filed a motion seeking
standing to bring certain causes of action, and attached four draft complaints, including complaints
seeking to invalidate certain liens of the secured creditors, and a complaint seeking to unwind
approximately $90 million in bonus payments made to Endo’s officers prior to filing for
bankruptcy. (Of course, if the OCC had not ultimately reached a settlement, it would have pursued
this litigation).
In late January, the Court ordered that certain parties participate in mediation and appointed Judge
Shelley C. Chapman (Ret.) as mediator. The mediation parties consisted of, among others, (i) the
Debtors, (ii) the Ad Hoc First Lien Group (i.e. the secured creditors whose liens the OCC was
challenging), (iii) the UCC, (iv) the OCC, and (v) the United States of America (i.e. the DOJ).
Following multiple rounds of contentious negotiations, the OCC eventually entered into an
agreement in principle with the Ad Hoc First Lien Group to resolve any and all disputes between
the parties, which was subsequently reflected in the Voluntary Present Private Opioid Claimant
Trust Term Sheet. This term sheet was initially filed in March 2023. The terms of the OCC
resolution are more fully explained below. A resolution was also reached with the UCC.
Between March 2023 and August 2023, Endo and the Ad Hoc First Lien Group negotiated
resolutions with other parties representing opioid interests, including certain Canadian provinces
and certain public school districts. Endo and the Ad Hoc First Lien Group also negotiated a
resolution with the court appointed future claimants’ representative, which settlement included a
resolution of future opioid-related claims. The OCC was not a party to these resolutions, but
helped to facilitate them.
Beginning in the summer of 2023 and continuing into the fall, Endo and the Ad Hoc First Lien
Group also negotiated with the Department of Justice regarding both civil and criminal opioid and
non-opioid claims against Endo. As a result of those negotiations, Endo determined to pursue a
plan of reorganization as opposed to a sale of its assets to its first lien secured lenders.
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*****
4. The OCC Settlement/The Plan
The OCC Resolution reflects an agreement between the OCC and the Ad Hoc First Lien Group for
the payment of $119.7 million to present private opioid claimants, to be paid within no more than
two years of closing (as opposed to one payment in ten years, per the original “open offer”), which
may be paid in full in the amount of $89.7 million if paid on the Effective Date. This resolution is
in exchange for (i) the OCC’s agreement to resolve all of the disputed matters (including those
mentioned above) and (ii) present private Opioid Claimants agreeing to provide releases to, among
others, the Ad Hoc First Lien Group and certain of Endo’s directors and officers. More specifically,
the Plan provides that each present private Opioid Claimant will:
(i) Have its opioid claim channeled to a trust (the “PPOC Trust”);
(ii) Obtain payment, if any, from such trust in accordance with trust distribution procedures
(“TDPs”); and
(iii) Have the opportunity to release third parties from related claims in exchange for a right to
a greater recovery (i.e., an additional payment of four times the base amount) under the
applicable TDPs.
The Plan contemplates the establishment of the following trusts, for the following groups of
present private Opioid Claimants:
The PPOC Trust will be the initial recipient of all assets used to pay present private Opioid
Claimants’ claims. The PPOC Trust will forward this money, less administrative costs, to the
various sub-trusts (the “PPOC Sub-Trusts”) created for specific private Opioid Claimant
constituencies, in the following allocation:
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Trust Allocation
Percentage10
Nominal Allocation Assuming:
No Prepayment Prepayment at
Emergence
Hospital Trust 17.3% $20,621,600.00 $15,431,600.00
IERP Trust II 2.2% $2,622,400.00 $1,962,400.00
NAS PI Trust 7.2% $9,082,400.00 $6,922,400.00
PI Trust 44.5% $53,044,000.00 $39,694,000.00
TPP Trust 28.8% $34,329,600.00 $25,689,600.00
TOTAL: 100.0% $119,700,000.00 $89,700,000.00
Each of these PPOC Sub-Trusts will distribute their share of the money to the relevant group of
claimants in accordance with its applicable TDPs, current drafts of which are available on the
Bankruptcy Court docket and at the informational website established by the OCC,
(https://cases.ra.kroll.com/EndoOpioidClaimantInfo/). It is anticipated that updated drafts of
these trusts should be available around mid-February.
Importantly, each Present Private Opioid Claimant (assuming you hold a valid claim under your
applicable TDP) will be entitled to receive an additional four times (thus, a total of five times the
base amount) distribution if it provides releases to certain third parties (including certain of the
Debtors’ directors and officers) from claims and causes of action related to their Opioid Claims
against Endo. Conversely, present private Opioid Claimants who choose not to grant the releases,
but who are otherwise entitled to a distribution from their PPOC Sub-Trust, will only receive 20%
of what they would be entitled to receive had they elected to grant the releases. For this reason,
the OCC encourages all holders of present private Opioid Claims to elect to grant the releases.
For the avoidance of doubt, electing to grant the releases will not release any claims you may have
against, among others, McKinsey & Company, Inc., Arnold and Porter, LLP or any of the opioid
distributors, manufacturers (other than the Debtors) or pharmacies that have been frequently
named as defendants in any of the nationwide opioid litigations. A summary of which parties are
and are not being released if you choose to grant the releases is set forth in the following chart.
This summary is qualified in its entirety by reference to the Disclosure Statement and the Plan.
Claim Type/Classes Who Is Getting a Release? Who is NOT Getting a Release?
Present Private Opioid
Claimants (“PPOCs”) that
opt into, or do not opt out
of, the release
Classes 7(A), 7(B), 7(C),
7(D), 7(E)
1) The Debtors and their Estates11
2) The Non-Debtor Affiliates
3) The Post-Emergence Entities
4) Each Consenting First Lien Creditor and Prepetition
Secured Party, solely in their respective capacities as such
1) McKinsey Parties
2) Arnold & Porter Parties
3) Any of the Debtors’ current
or former third-party agents,
partners, representatives, or
consultants involved in the
production, distribution,
marketing, promotion, or
10 In connection with the overall settlement of allocation of the consideration to be contributed to the PPOC Trust
among the PPOC Sub-Trusts, certain third parties agreed to contribute an additional $500,000 to the PPOC Trust ,
which will be directly reallocated to the NAS PI Trust.
11 Regardless of whether you choose to grant a release, if the Plan is confirmed any claims you may have against the
Debtors and the Post-Emergence Entities will be discharged by the Plan.
75795-03
Page 178 of 589
10
Claim Type/Classes Who Is Getting a Release? Who is NOT Getting a Release?
5) The Ad Hoc Cross-Holder Group, the Ad Hoc First Lien
Group, and each of the members of the foregoing, in each
case, solely in their respective capacities as such, and
each of the advisors thereto or of the individual members
hereof, in each case solely in their respective capacities as
such
6) The OCC and each of the members thereof, in each case
solely in their respective capacities as such, and each of
the advisors thereto or of the individual members thereof,
in each case, solely in their respective capacities as such
7) The UCC and each of the members thereof, in each case,
solely in their respective capacities as such, and each of
the advisors thereto or of the members thereof, in each
case, solely in their respective capacities as such
8) The FCR, solely in his capacity as such, and the advisors
to the FCR, solely in their respective capacities as such
9) The Endo EC and each of the States that are members
thereof and their respective officers and Representatives
in each case solely in their respective capacities as such
10) The PPOC Trust, the PPOC Sub-Trusts, the GUC Trust,
the Distribution Sub-Trusts, the Future PI trust, the Public
Opioid Trust, the Tribal Opioid Trust and the Trustees,
administrators, boards or governing bodies of, any
advisors to, and any other Persons with similar
administrative or supervisory roles in connection with,
any of the foregoing, in each case, solely in their
respective capacities as such
11) The First Lien Backstop Commitment Parties and the
GUC Backstop Commitment Parties, in each case, solely
in their respective capacities as such
12) The Unsecured Notes Indenture Trustees, solely in their
capacities as such
13) With respect to anyone listed in (1) through (12) above,
such Persons’ predecessors, successors, permitted
assigns, current and former subsidiaries and Affiliates,
respective heirs, executors, estates, and nominees, in each
case, solely in their respective capacities as such
14) With respect to anyone listed in (1) through (13) above,
such Persons’ current and former officers, directors
(including any Persons in analogous roles under
applicable law), employees, and Representatives, in each
case, solely in their respective capacities as such
sale of Opioids or Opioid
Products (excluding the
Debtors’ (i) current and
former officers, directors and
employees (in each case,
solely in their respective
capacities as such); and (ii)
professionals retained by the
Debtors in the Chapter 11
Cases (including any
ordinary course
professionals)
4) Practice Fusion, Inc.
5) Publicis Health Parties
6) ZS Associates Parties
7) Co-Defendants
8) Any distributor,
manufacturer or pharmacy
engaged in the distribution,
manufacture, or
dispensing/sale of Opioids or
Opioid Products
Canadian Governments
that do not opt out of the
release
Class 9
Same as the PPOCs Same as the PPOCs
75795-03
Page 179 of 589
11
Claim Type/Classes Who Is Getting a Release? Who is NOT Getting a Release?
Public School Districts
that do not opt out (or are
deemed not to opt out) of
the release
Class 8
Same as the PPOCs Same as the PPOCs
State Opioid Claimants
Class 6(A)
1) The Debtors and their Estates
2) The Non-Debtor Affiliates
3) The Post-Emergence Entities
4) Each Consenting First Lien Creditor and Prepetition
Secured Party, solely in their respective capacities as such
5) The Ad Hoc Cross-Holder Group, the Ad Hoc First Lien
Group, and each of the members of the foregoing, in each
case, solely in their respective capacities as such, and
each of the advisors thereto or of the individual members
hereof, in each case solely in their respective capacities as
such
6) The OCC and each of the members thereof, in each case
solely in their respective capacities as such, and each of
the advisors thereto or of the individual members thereof,
in each case, solely in their respective capacities as such
7) The UCC and each of the members thereof, in each case,
solely in their respective capacities as such, and each of
the advisors thereto or of the members thereof, in each
case, solely in their respective capacities as such
8) The FCR, solely in his capacity as such, and the advisors
to the FCR, solely in their respective capacities as such
9) The Endo EC and each of the States that are members
thereof and their respective officers and Representatives
in each case solely in their respective capacities as such
10) The First Lien Backstop Commitment Parties and the
GUC Backstop Commitment Parties, in each case, solely
in their respective capacities as such
11) With respect to anyone listed in (1) through (10) above,
such Persons’ predecessors, successors, permitted
assigns, current and former subsidiaries and Affiliates,
respective heirs, executors, estates, and nominees, in each
case, solely in their respective capacities as such
12) With respect to anyone listed in (1) through (11) above,
such Persons’ current and former officers, directors
(including any Persons in analogous roles under
applicable law), employees, and Representatives, in each
case, solely in their respective capacities as such
1) McKinsey Parties
2) Arnold & Porter Parties
3) Any of the Debtors’ current
or former third-party agents,
partners, representatives, or
consultants involved in the
production, distribution,
marketing, promotion, or
sale of Opioids or Opioid
Products (excluding the
Debtors’ (i) current and
former officers, directors and
employees (in each case,
solely in their respective
capacities as such); and (ii)
professionals retained by the
Debtors in the Chapter 11
Cases (including any
ordinary course
professionals)
4) Practice Fusion, Inc.
5) Publicis Health Parties
6) ZS Associates Parties
7) The PPOC Trust, the PPOC
Sub-Trusts, the GUC Trust,
the Distribution Sub-Trusts,
the Future PI trust, the Public
Opioid Trust, the Tribal
Opioid Trust and the
Trustees, administrators,
boards or governing bodies
of, any advisors to, and any
other Persons with similar
administrative or supervisory
roles in connection with, any
of the foregoing, in each
case, solely in their
respective capacities as such
and any of their
predecessors, successors,
permitted assigns, current
and former subsidiaries and
Affiliates, respective heirs,
executors, estates, and
nominees, or such Persons’
75795-03
Page 180 of 589
12
Claim Type/Classes Who Is Getting a Release? Who is NOT Getting a Release?
current and former officers,
directors (including any
Persons in analogous roles
under applicable law),
employees, and
Representatives in each case,
solely in their respective
capacities as such
8) The Unsecured Notes
Indenture Trustees, solely in
their capacities as such and
any predecessors, successors,
permitted assigns, current
and former subsidiaries and
Affiliates, respective heirs,
executors, estates, and
nominees or such Persons’
current and former officers,
directors (including any
Persons in analogous roles
under applicable law),
employees, and
Representatives, in each
case, solely in their
respective capacities as such
Local Government or
Tribal Opioid Claimants
that do not opt out of the
release
Classes 6(B) and 6(C)
Same as the PPOCs 1) McKinsey Parties
2) Arnold & Porter Parties
3) Any of the Debtors’ current
or former third-party agents,
partners, representatives, or
consultants involved in the
production, distribution,
marketing, promotion, or
sale of Opioids or Opioid
Products (excluding the
Debtors’ (i) current and
former officers, directors and
employees (in each case,
solely in their respective
capacities as such); and (ii)
professionals retained by the
Debtors in the Chapter 11
Cases (including any
ordinary course
professionals)
4) Practice Fusion, Inc.
5) Publicis Health Parties
6) ZS Associates Parties
75795-03
Page 181 of 589
13
*****
5. Important Information About Voting and Granting the Releases:
Please read this section, as it contains important information about voting and how you can ensure
that you remain eligible for the enhanced compensation in these cases.
IF YOU VOTE TO ACCEPT THE PLAN, YOU WILL BE DEEMED TO CONSENT TO GRANT
THE RELEASES and (i) automatically release such claims in the event the Plan is confirmed and
goes effective and (ii) automatically receive an additional payment of four times the compensation
to which you are entitled under the relevant TDPs. WE ENCOURAGE YOU TO VOTE TO
ACCEPT THE PLAN AND GRANT THE RELEASES.
If you do not vote to accept the Plan, then your ability to receive the increased compensation
in exchange for “giving” a release depends upon what type of claim you hold:
IF YOU HOLD A PERSONAL INJURY, NAS PERSONAL INJURY OR INDEPENDENT
EMERGENCY ROOM PHYSICIAN CLAIM:
If you vote to reject the Plan, to receive the increased compensation, you must specifically
elect to grant the releases by checking the “OPT IN” election in the same row on your ballot
as your vote to “REJECT.”
If you choose to abstain from voting on the Plan, in order to receive the increased
compensation, you must specifically elect to grant the releases by checking the “OPT IN”
election in the same row on your ballot as your election to “ABSTAIN.”
To be clear, if you vote to reject the Plan or elect to abstain from voting on the Plan and you
do not make the “OPT IN” election on your ballot, you will receive a greatly reduced
distribution from your applicable PPOC Sub-Trust. If you fail to return your ballot by the
voting deadline set forth on your ballot, you will be deemed to have elected to not grant the
releases, and you will receive a greatly reduced distribution from your applicable PPOC Sub-
Trust.
IF YOU HOLD A HOSPITAL OR THIRD PARTY PAYOR CLAIM:
If you vote to reject the Plan, to receive the increased compensation, you must specifically
elect to grant the releases by checking the “OPT IN” election in the same row on your ballot
as your vote to “REJECT.”
If you choose to abstain from voting on the Plan, in order to receive the increased
compensation, you should not check the “OPT OUT” election in the same row on your ballot
as your election to “ABSTAIN.” If you elect to “OPT OUT” of the releases, you will receive
a greatly reduced distribution from your applicable PPOC Sub-Trust.
Finally, if you fail to return your ballot by the voting deadline set forth on your ballot, you
will be deemed to have elected to grant the releases, which will entitle you to the greater
recovery from your applicable PPOC Sub-Trust.
75795-03
Page 182 of 589
14
The following chart explains the above:
Type of Claimant If you Vote
Yes/Accept the
Plan
If you Don’t Vote
on the
Plan/Abstain
If you Vote
No/Reject the Plan
State/DOJ N/A N/A N/A
PI/NAS/IERP Deemed to grant
the Release and
will receive the
enhanced
distribution
You must check a
box to “Opt in” to
the Release in
order to get the
enhanced
distribution
You must check a
box to “Opt in” to
the Release in
order to get the
enhanced
distribution
Any Other Opioid
Claimant12
Deemed to Grant
the Release and
will receive the
enhanced
distribution
You should refrain
from checking a
box to “Opt Out”
of the Release in
order to get the
enhanced
distribution
You must check a
box to “Opt in” to
the Release in
order to get the
enhanced
distribution
To the extent that any Opioid Claimant has any questions about the above (including voting
or the release process), the Plan in general or these Chapter 11 Cases, the OCC encourages
such claimant to reach out to the OCC’s counsel at EndoCreditorInfo@akingump.com.
Very truly yours,
The Official Committee of Opioid Claimants of Endo
International plc., et al.
12 To be clear, the OCC would encourage any claimant that is part of a public opioid claimant group that negotiated
its own resolution to discuss the specifics of that resolution and how claimants in that group can receive a distribution.
The OCC can provide contact information for each public opioid claimant group upon request. Further, the OCC
would note that some opioid claimants may not receive any distribution but are still required to “opt out” of the release
in order to avoid granting the release. I f you have any questions about the voting or release process, please contact
the OCC at the contact information above.
75795-03
Page 183 of 589
Page 1 of 2
Agenda Item No: 8.h.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1530
AGENDA SUMMARY REPORT
SUBJECT: Notification to City Council of Purchase of Equipment from Stryker Corp. in the Amount of
$83,293.42 for the Ukiah Valley Fire Authority.
DEPARTMENT: Fire PREPARED BY: Doug Hutchison, Fire Chief
PRESENTER: Doug Hutchison, Fire Chief
ATTACHMENTS:
1. 00048529
2. Q10842885 for PO 48529
3. 00048530
4. Q10842897 for PO 48530
Summary: Council will receive notification of purchase from Stryker Corp. in the amount of $83,293.42 for the
Ukiah Valley Fire Authority.
Background: The Ukiah Valley Fire Authority (UVFA) provides Advanced Life Support (ALS) ambulance
service and recently took delivery of two (2) new Type I ambulances from Braun NW.
Discussion: To complete the outfitting of the second new unit, the Ukiah Valley Fire Authority (UVFA)
purchased a Stryker Power Load system (Purchase Order 48530 - $42,992.56), and a Stryker Power Pro
gurney (Purchase Order 48529 - $40,300.86) to match the equipment currently deployed in our other
ambulance units. Please refer to Attachments 1-4 for copies of the purchase orders and associated
quotes. The first unit was able to be outfitted by moving equipment from a unit being retired by the
UVFA. The Power Pro gurney reduces the amount of lifting that our team members must perform, increasing
safety for them as well as the patient. The Power Load system takes the next step by loading the gurney into
the ambulance, further reducing the risks to team members and patients. The total price of the units also
includes six (6) years of preventive maintenance and care for each.
Recommended Action: Receive notification of equipment purchase from Styker Corporation.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 71021100.54102 (equipment): $63,546.22; 71021100.52100 (preventative
maintenance): $19,747.20
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Ambulance Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: Purchase Order 48529 and 48530.
COORDINATED WITH: Douglas Hutchison, Fire Chief; Myles Fisette, Purchasing Manager
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
Page 184 of 589
Page 2 of 2
Page 185 of 589
Purchase Order
Purchase
Order #
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
Fiscal Year
Date OrderedVendor Phone Number Date RequiredVendor Fax Number Buyer
Delivery must be made within
doors of specified destination.
Item#Description/Part No.Unit Price Extended PriceUOMQty
ByBy
Purchasing Supervisor PO TotalVENDOR COPY
BILL TO
V
E
N
D
O
R
SHIP
TO
CITY OF UKIAHATTN: ACCOUNTS PAYABLE300 SEMINARY AVENUEUKIAH, CA 95482
Freight Method/TermsDelivery Reference Department/Location Sales Tax Rate
Total Ext. Price $40,300.86Total Sales Tax
Total Discount
Total Credit
Total Freight $40,300.86
Page 1 of 22024
48529-00
STRYKER SALES CORPORATION1901 ROMENCE RD PARKWAYPORTAGE MI 49002
CITY OF UKIAH - ANNEX411 W CLAY STREETUKIAH CA 95482
01/31/2024800-669-4968 Myles Fisette
0.000N30/FOB UKIAH FIRE DEPARTMENT
The Above Purchase Order Number Must Appear OnAll Correspondence - Packing Sheets And Bills OfLading
1 650605550003 6506 MTS POWER PRO COT HIGHCONFIG 1.0 EACH $28,860.810 $28,860.81
71021100 - 54102 $28,860.81
2 POWERPRO PROCARE 1.0 EACH $8,154.900 $8,154.90
71021100 - 52100 $8,154.90
3 TAX 3285.2 EACH $1.000 $3,285.15
71021100 - 54102 $3,285.15
ER REQ # E37959 PER ATTACHED QUOTE 1084
2885
ATTACHMENT 1
Page 186 of 589
1 GENERALLY.These Terms and Conditions ofSale (“Terms and Conditions”) apply to all purchases byCity of Ukiah. (Referred to as “Buyer”). The supplier ofgoodsand services under this transaction is hereinreferred to as “Seller”. The goods or service purchasedare referred to as the “Purchase.”
2.TERMS EXCLUSIVE.Buyer will order the goods orservices described herein only upon the terms andconditionscontained herein. Seller’s acceptance of thisordershalloccureither through commencement ofperformance under this order or acknowledgment of thisorder. By accepting this order, Seller waives all terms andconditionscontained in its quotation,acknowledgment,invoice or other documents which are different from oradditionalto those contained herein and all such differentor additional terms and conditions shall be null and void.SELLER MAY NOT CHANGE MATERIAL OFMANUFACTURE, SOURCES OF SUPPLY,MANUFACTURING PROCESS OR LOCATION WITHOUTTHE PRIOR WRITTEN CONSENT OF BUYER.
3.INSPECTION. All goods shall be received subjectto Buyer’s inspection and rejection.Defective goods andgoodsotherwise not conforming to this order shall be heldfor Seller’s instruction and at Seller’s risk,and if Seller sodirects, shall be returned at Seller’s expense. No defectivegoodsshallbe replaced without a new purchase order. Payment by Buyer shall not be construed as anacceptanceof goods. Buyer may return to Seller any non-defective, excess goods within thirty (30) days of receivingthem.
4.CHANGES. City may make changes within thegeneral scope of this order in drawings and specificationsfor specially manufactured supplies, place of delivery,method of shipment or packing of the order by giving noticeto Seller and subsequently confirming such changes inwriting. If such changes affect the cost of or the timerequired for performance of this order, an equitableadjustmentin the price or delivery or both must be made.No change by Seller is allowed without City’s writtenapproval. Any claim by Seller for an adjustment under thissection must be made in writing within thirty (30) days fromthe date of receipt by Seller of notification of such changeunless City waives this condition in writing. Nothing in thissection excuses Seller from proceeding with performanceof the order as changed.
5.TERMINATION. City may terminate this order atany time,either verbally or in writing, with or withoutcause. Should termination occur, City will pay Seller as fullperformance until such termination the unit or pro rataorderpricefor the performed and accepted portion of thePurchase. City may provide written notice of terminationfor Seller’s default if Seller refuses or fails to comply withthis order. If Seller does not cure such failure within areasonabletime period, or fails to perform the Purchasewithin the time specified (or allowed by extension), Sellerwill be liable to City for any excess costs incurred by City.
6.TIME EXTENSION.Time is of the essence Citymay extend the time for completion if, in City’s soledetermination, Seller was delayed because of causesbeyond Seller’s control and without Seller’s fault ornegligence. In the event delay was caused by City,Seller’s sole remedy is limited to recovering money actuallyand necessarily expended by Seller because of the delay;there is no right to recover anticipated profit.
7.REMEDIES CUMULATIVE. City’s rights andremedies under this order are not exclusive and are inaddition to any rights and remedies provided by law.
8.TITLE. Title to materials and supplies purchasedunderthis order pass directly from Seller to City uponCity’s written acceptance following an actual inspectionand City’s opportunity to reject.
9. PAYMENT. City will pay Seller after receivingacceptableinvoices for materials and supplies deliveredand accepted or services rendered and accepted. City willnot pay cartage, shipping, packaging or boxing expensesunless specified in this order.
10.INDEMNIFICATION. Seller agrees to indemnifyand hold harmless from and against any claim, action,damages, costs (including, without limitation, attorney’sfees), injuries, or liability,arising out of the Purchase or theorder, or their performance. Should City be named in anysuit,or should any claim be brought against it by suit orotherwise,whether the same be groundless or not, arisingout of the Purchase or order, or their performance, Sellerwill defend City (at City’s request and with counselsatisfactory to City)and indemnify City for any judgmentrendered against it or any sums paid out in settlement orotherwise.For purposes of this section “City” includesCity’s officers, elected officials,and employees.Thisparagraph 9 will survive termination of this order. Therequirements as to the types and limits of insurancecoverage to be maintained by Seller, and any approval ofsuch insurance by City,are not intended to and will not inany manner limit or qualify the liabilities and obligationsotherwise assumed by Seller pursuant to this order,including,without limitation, to the provisions concerningindemnification.
11.WARRANTY. Seller agrees that the Purchase iscovered by the most favorable commercial warranties theSeller gives to any customer for the same or substantiallysimilar supplies or services, or such other more favorablewarrantiesas is specified in this order. Warranties will beeffective notwithstanding any inspection or acceptance ofthe Purchase by City.
12.ASSIGNMENT. City may assign this order. Except as to any payment due under this order, Seller maynot assign or subcontract the order without City’s writtenapproval. Should City give consent, it will not relieve Sellerfrom any obligations under this order and any transferee orsubcontractor will be considered Seller’s agent.
13.INSURANCE.Seller must provide the insuranceindicated on the face sheet of this order.
14.PERMITS. Seller must procure all necessarypermits and licenses, and abide by all federal, state, andlocallaws,for performing this order.
15.INDEPENDENT CONTRACTOR. City and Selleragreethat Seller will act as an independent contractor andwill have control of all work and the manner in which it isperformed.Seller will be free to contract for similar serviceto be performed for other employers while under contractwith City.Seller is not an agent or employee of City and isnot entitled to participate in any pension plan,insurance,bonus or similar benefits City provides for its employees.Any provision in this order that may appear to give City therightto direct Seller as to the details of doing the work or toexercise a measure of control over the work means theSeller will follow the direction of the City as to end resultsof the work only.
16.WAIVER. City’s review or acceptance of, orpayment for, work product prepared by Seller under thisorderwill not be construed to operate as a waiver of anyrights City may have under this Agreement or of any causeof action arising from Seller’s performance. A waiver byCity of any breach of any term,covenant, or conditioncontained in this order will not be deemed to be a waiver ofany subsequent breach of the same or any other term,covenant, or condition contained in this order, whether ofthe same or different character.
17.INTERPRETATION.This Agreement was draftedin, and will be construed in accordance with the laws of theStateof California, and exclusive venue for any actioninvolving this agreement will be in Mendocino County.
Page 187 of 589
ATTACHMENT 2
Page 188 of 589
Purchase Order
Purchase
Order #
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
Fiscal Year
Date OrderedVendor Phone Number Date RequiredVendor Fax Number Buyer
Delivery must be made within
doors of specified destination.
Item#Description/Part No.Unit Price Extended PriceUOMQty
ByBy
Purchasing Supervisor PO TotalVENDOR COPY
BILL
TO
V
E
N
D
O
R
SHIP
TO
CITY OF UKIAHATTN: ACCOUNTS PAYABLE300 SEMINARY AVENUEUKIAH, CA 95482
Freight Method/TermsDelivery Reference Department/Location Sales Tax Rate
Total Ext. Price $42,992.56Total Sales Tax
Total Discount
Total Credit
Total Freight $42,992.56
Page 1 of 22024
48530-00
STRYKER SALES CORPORATION1901 ROMENCE RD PARKWAYPORTAGE MI 49002
CITY OF UKIAH - ANNEX411 W CLAY STREETUKIAH CA 95482
01/31/2024800-669-4968 Myles Fisette
0.000N30/FOB UKIAH FIRE DEPARTMENT
The Above Purchase Order Number Must Appear OnAll Correspondence - Packing Sheets And Bills OfLading
1 639005550001 MTS POWER LOAD 1.0 EACH $27,895.700 $27,895.70
71021100 - 54102 $27,895.70
2 POWER LOAD PROCARE 1.0 EACH $11,592.300 $11,592.30
71021100 - 52100 $11,592.30
3 TAX 3504.6 EACH $1.000 $3,504.56
71021100 - 54102 $3,504.56
ER REQ # E37960 PER ATTACHED QUOTE 1084
2897
ATTACHMENT 3
Page 189 of 589
1 GENERALLY.These Terms and Conditions ofSale (“Terms and Conditions”) apply to all purchases byCity of Ukiah. (Referred to as “Buyer”). The supplier ofgoodsand services under this transaction is hereinreferred to as “Seller”. The goods or service purchasedare referred to as the “Purchase.”
2.TERMS EXCLUSIVE.Buyer will order the goods orservices described herein only upon the terms andconditionscontained herein. Seller’s acceptance of thisordershalloccureither through commencement ofperformance under this order or acknowledgment of thisorder. By accepting this order, Seller waives all terms andconditionscontained in its quotation,acknowledgment,invoice or other documents which are different from oradditionalto those contained herein and all such differentor additional terms and conditions shall be null and void.SELLER MAY NOT CHANGE MATERIAL OFMANUFACTURE, SOURCES OF SUPPLY,MANUFACTURING PROCESS OR LOCATION WITHOUTTHE PRIOR WRITTEN CONSENT OF BUYER.
3.INSPECTION. All goods shall be received subjectto Buyer’s inspection and rejection.Defective goods andgoodsotherwise not conforming to this order shall be heldfor Seller’s instruction and at Seller’s risk,and if Seller sodirects, shall be returned at Seller’s expense. No defectivegoodsshallbe replaced without a new purchase order. Payment by Buyer shall not be construed as anacceptanceof goods. Buyer may return to Seller any non-defective, excess goods within thirty (30) days of receivingthem.
4.CHANGES. City may make changes within thegeneral scope of this order in drawings and specificationsfor specially manufactured supplies, place of delivery,method of shipment or packing of the order by giving noticeto Seller and subsequently confirming such changes inwriting. If such changes affect the cost of or the timerequired for performance of this order, an equitableadjustmentin the price or delivery or both must be made.No change by Seller is allowed without City’s writtenapproval. Any claim by Seller for an adjustment under thissection must be made in writing within thirty (30) days fromthe date of receipt by Seller of notification of such changeunless City waives this condition in writing. Nothing in thissection excuses Seller from proceeding with performanceof the order as changed.
5.TERMINATION. City may terminate this order atany time,either verbally or in writing, with or withoutcause. Should termination occur, City will pay Seller as fullperformance until such termination the unit or pro rataorderpricefor the performed and accepted portion of thePurchase. City may provide written notice of terminationfor Seller’s default if Seller refuses or fails to comply withthis order. If Seller does not cure such failure within areasonabletime period, or fails to perform the Purchasewithin the time specified (or allowed by extension), Sellerwill be liable to City for any excess costs incurred by City.
6.TIME EXTENSION.Time is of the essence Citymay extend the time for completion if, in City’s soledetermination, Seller was delayed because of causesbeyond Seller’s control and without Seller’s fault ornegligence. In the event delay was caused by City,Seller’s sole remedy is limited to recovering money actuallyand necessarily expended by Seller because of the delay;there is no right to recover anticipated profit.
7.REMEDIES CUMULATIVE. City’s rights andremedies under this order are not exclusive and are inaddition to any rights and remedies provided by law.
8.TITLE. Title to materials and supplies purchasedunderthis order pass directly from Seller to City uponCity’s written acceptance following an actual inspectionand City’s opportunity to reject.
9. PAYMENT. City will pay Seller after receivingacceptableinvoices for materials and supplies deliveredand accepted or services rendered and accepted. City willnot pay cartage, shipping, packaging or boxing expensesunless specified in this order.
10.INDEMNIFICATION. Seller agrees to indemnifyand hold harmless from and against any claim, action,damages, costs (including, without limitation, attorney’sfees), injuries, or liability,arising out of the Purchase or theorder, or their performance. Should City be named in anysuit,or should any claim be brought against it by suit orotherwise,whether the same be groundless or not, arisingout of the Purchase or order, or their performance, Sellerwill defend City (at City’s request and with counselsatisfactory to City)and indemnify City for any judgmentrendered against it or any sums paid out in settlement orotherwise.For purposes of this section “City” includesCity’s officers, elected officials,and employees.Thisparagraph 9 will survive termination of this order. Therequirements as to the types and limits of insurancecoverage to be maintained by Seller, and any approval ofsuch insurance by City,are not intended to and will not inany manner limit or qualify the liabilities and obligationsotherwise assumed by Seller pursuant to this order,including,without limitation, to the provisions concerningindemnification.
11.WARRANTY. Seller agrees that the Purchase iscovered by the most favorable commercial warranties theSeller gives to any customer for the same or substantiallysimilar supplies or services, or such other more favorablewarrantiesas is specified in this order. Warranties will beeffective notwithstanding any inspection or acceptance ofthe Purchase by City.
12.ASSIGNMENT. City may assign this order. Except as to any payment due under this order, Seller maynot assign or subcontract the order without City’s writtenapproval. Should City give consent, it will not relieve Sellerfrom any obligations under this order and any transferee orsubcontractor will be considered Seller’s agent.
13.INSURANCE.Seller must provide the insuranceindicated on the face sheet of this order.
14.PERMITS. Seller must procure all necessarypermits and licenses, and abide by all federal, state, andlocallaws,for performing this order.
15.INDEPENDENT CONTRACTOR. City and Selleragreethat Seller will act as an independent contractor andwill have control of all work and the manner in which it isperformed.Seller will be free to contract for similar serviceto be performed for other employers while under contractwith City.Seller is not an agent or employee of City and isnot entitled to participate in any pension plan,insurance,bonus or similar benefits City provides for its employees.Any provision in this order that may appear to give City therightto direct Seller as to the details of doing the work or toexercise a measure of control over the work means theSeller will follow the direction of the City as to end resultsof the work only.
16.WAIVER. City’s review or acceptance of, orpayment for, work product prepared by Seller under thisorderwill not be construed to operate as a waiver of anyrights City may have under this Agreement or of any causeof action arising from Seller’s performance. A waiver byCity of any breach of any term,covenant, or conditioncontained in this order will not be deemed to be a waiver ofany subsequent breach of the same or any other term,covenant, or condition contained in this order, whether ofthe same or different character.
17.INTERPRETATION.This Agreement was draftedin, and will be construed in accordance with the laws of theStateof California, and exclusive venue for any actioninvolving this agreement will be in Mendocino County.
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ATTACHMENT 4
Page 191 of 589
Page 1 of 2
Agenda Item No: 8.i.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1533
AGENDA SUMMARY REPORT
SUBJECT: Approval of Notice of Completion of the Grace Hudson Museum Roof Replacement Project,
Specification 23-05.
DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager
PRESENTER: Mary Horger, Financial Services Manager
ATTACHMENTS:
1. Awarding ASR
2. Spec 23-05 - Grace Hudson Museum Roof Replacement Negotiated Contract
3. San Francisco Roofing Bid
4. Change Order 1 - Spec 23-05 - fully executed (1)
5. Notice of Completion
Summary: Council will consider approving the Notice of Completion for the Grace Hudson Museum Roof
Replacement Project, Specification 23-05.
Background: In August 2023, Council awarded a contract for the re-roof of the Grace Hudson Museum to
San Francisco Roofing Services, Inc., for the amount of $450,000. Please refer to Attachment 1 for a copy of
the Agenda Summary Report, Attachment 2 for a copy of the specification, and Attachment 3 for a copy of the
bid.
Discussion: Following the Council award of the contract, Staff released a Notice of Award to the contractor on
August 17, 2023. Once all the proper documentation was received, and the contract fully executed, a Notice
to Proceed was issued on September 13, 2023. The on-site construction work began on October 17,
2023. The project management and inspection of the construction was conducted through a contract with
Jankovsky Engineering Services. One change order was issued on November 7, 2023, in the amount of
$5,030 (Attachment 4) to install new galvanized gutter screens on all gutters. The final project completion took
place on February 9, 2024. The final contract amount, including the one change order, was $455,030.
City Staff was very pleased with the workmanship of the roof installation, and the project oversight that was
performed. The roof manufacturer is in the process of issuing the certificate of warranty.
Final payment of the retention will be made to the contractor 35 days after the date of the Notice of Completion
(Attachment 5) is filed with the County Recorder.
Recommended Action: Approve the Notice of Completion of the Grace Hudson Museum Roof Replacement
Project, Specification 23-05.
BUDGET AMENDMENT REQUIRED: No.
CURRENT BUDGET AMOUNT: 20824700.80220.18406: $455,030
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Bond funds and settlement funds.
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2324-090
COORDINATED WITH: City Attorney and Community Services Department
Page 192 of 589
Page 2 of 2
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): 1e – Decarbonize existing building stock.
GENERAL PLAN ELEMENTS (GP): N/A
Page 193 of 589
Page 1 of 2
Agenda Item No: 8.f.
MEETING DATE/TIME: 8/16/2023
ITEM NO: 2023-2946
AGENDA SUMMARY REPORT
SUBJECT: Award Contract for the Re-Roof of the Grace Hudson Museum to San Francisco Roofing Services,
Inc., Authorize a Separate Purchase with Garland for the Roofing Materials, and Approve Corresponding
Budget Amendments.
DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager
PRESENTER: Mary Horger, Financial Services Manager
ATTACHMENTS:
1.Spec 23-05 - Grace Hudson Museum Roof Replacement Negotiated Contract
2.San Francisco Roofing
3.Western Roofing Service
Summary: Council will consider awarding a contract to San Francisco Roofing Services, Inc. for the re-roof of
the Grace Hudson Museum, approve a separate purchase from Garland for the roofing materials, and approve
corresponding budget amendments.
Background: In September of 2020, the City Council awarded a bid for the replacement of the Grace Hudson
Museum Roof, Specification No. 20-10. This contract resulted in the installation of a roof that independent
inspections by a City retained civil engineer and a civil engineer retained by the roofing manufacturer
determined must be removed and replaced before the manufacturer will provide its 30 year
warranty. Responsibility for the cost of the replacement is at issue but currently unresolved in pending
litigation and confidential mediation proceedings.
Discussion: In March of this year, and as part of the legal process, bids were sought from manufacturer-
approved contractors for the complete re-roofing of the Grace Hudson Museum. Please see Attachment 1 for
a copy of the bid specifications. Bids were received from two companies: San Francisco Roofing Services,
Inc. for the amount of $450,000 (Attachment 2), and Western Roofing Service for the amount of $574,900
(Attachment 3). The bids received exclude the roofing materials, as these will be separately acquired by the
City directly from the manufacturer.
The low bidder, San Francisco Roofing, has extended the deadline for accepting its bid to August 18,
2023. This is the second and final extension of the deadline for accepting the bid. Failure to accept the bid
could result in the roof in its current condition leaking this winter, as well as increased costs due to inflation of
labor and materials. If the bid is awarded, the work will be scheduled and performed to prevent leakage and
potential damage to the museum's collections.
For these reasons, Staff recommends awarding the bid to San Francisco Roofing Services, Inc. in the amount
of $450,000, and approving the corresponding budget amendment. In addition to being recommended by the
roofing manufacturer, the City has also used this contractor for two other successful roofing projects. Approval
is also being sought to purchase the roofing materials from Garland at a price not yet known, and approval of
a corresponding budget amendment if needed. Staff will come back to the next regularly scheduled meeting
to report the purchase if the cost meets the thresholds in the City Code for reporting to the City Council.
ATTACHMENT 1
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Page 2 of 2
Recommended Action: Award the contract for the re-roof of the Grace Hudson Museum to San Francisco
Roofing Services, Inc. for the amount of $450,000, approve the separate purchase of the roofing materials as
needed from Garland, and authorize corresponding budget amendments.
BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 20824700.80220.TBD: $0
PROPOSED BUDGET AMOUNT: 20824700,80220.TBD: $450k initially, and additional depending on roof
materials.
FINANCING SOURCE: TBD
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Sage Sangiacomo, City Manager, and David Rapport, City Attorney
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
Page 195 of 589
{00245263.1}
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
SPECIAL PROVISIONS
FOR
GRACE HUDSON MUSEUM ROOF REPLACEMENT – NEGOTIATED CONTRACT
SPECIFICATION NO. 23-05
CITY OF UKIAH
DEPARTMENT OF COMMUNITY SERVICES
300 Seminary Avenue
Ukiah, California 95482-5400
ATTACHMENT 2
Page 196 of 589
{00245263.1}
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:
MARI RODIN – MAYOR
JOSEFINA DUENAS – VICE-MAYOR
DOUGLAS CRANE – COUNCIL MEMBER
SUSAN SHER – COUNCIL MEMBER
JUAN OROZCO – COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER
TIM ERIKSEN - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER
MARY HORGER – PROCUREMENT MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER - CITY TREASURER
CITY OF UKIAH
DEPARTMENT OF COMMUNITED SERVICES
MARCH 2023
Page 197 of 589
{00245263.1} iii Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
TABLE OF CONTENTS
PAGE
INSTRUCTIONS TO BIDDERS ...................................................................................................................... 7
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS .............................................. 2
1-01. Definitions
1-02. Examinations of Plans, Special Provisions and Site of Work
1-03. Proposal
1-04. Qualification of Bidders
1-05. Disqualification of Bidders
1-06. Identification of Subcontractors
1-07. General Provisions of the Standard Specifications
SECTION 2. AWARD AND EXECUTION OF CONTRACT ......................................................................... 12
2-01. Bid Evaluation Process
2-02. Rejection of Bids
2-03. Award of Contract
2-04. Execution of Contract
2-05. Notice to Proceed
SECTION 3. SCOPE AND INTENT OF CONTRACT .................................................................................. 13
3-01. Intent of the Contract Documents
3-02. Examination and Verification of Contract Documents
3-03. Contract Drawings
3-04. Coordination and Interpretation of the Contract Documents
SECTION 4. BONDS.................................................................................................................................... 14
4-01. Performance Bond
4-02. Payment Bond
4-03. Defective Material and Workmanship Bond
4-04. Notification of Surety Companies
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ....................................................... 15
5-01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions
5-05. Builder’s Risk/Course of Construction Insurance
5-06. Pollution Coverage
5-07. Acceptability of Insurers
5-08. Verification of Coverage
5-09. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ....................................................... 18
6-01. Independent Contractor Status
6-02. Superintendence By the Contractor
6-03. Office of Contractor at Site
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Grace Hudson Museum Roof Replacement Negotiated Contract
6-04. Indemnity
6-05. Protection of Persons and Property
6-06. Hazardous Chemicals and Waste
6-07. Protection of City Against Patent Claims
6-08. Protection of Contractor’s Work Property
6-09. Regulations, Permits, and Licenses
6-10. Construction Utilities
6-11. Approval of Contractor's Plans
6-12. Suggestions to the Contractor
6-13. Subcontracting
6-14. Lines and Grades
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Cooperation
6-18. Removal of Unsatisfactory Employees
6-19. Labor Code Requirements
6-20. Prevailing Wages
6-21. Cleaning Up
6-22. Guaranty of Work
6-23. Payment of Taxes
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ........................................................................ 28
7-01. Personal Liability
7.02. Authority of the Engineer
7-03. Inspection
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Differing Site Conditions
7-08. Drawings by the City
7-09. Additional and Emergency Protection
7-10. Suspension of Work
7-11. Termination of the Contract for Cause
7-12. Termination for Convenience by the City
SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT .............................................................. 33
8-01. General Quality
8-02. Materials and Equipment Specified by Name
8-03. Source of Materials
8-04. Storage of Materials
8-05. Drawings, Samples and Tests
SECTION 9. PROSECUTION OF WORK .................................................................................................... 34
9-01. Equipment and Methods
9-02. Beginning of Work
9-03. Delays and Extensions to the Work
9-04. Saturday, Sunday, Holiday and Night Work
SECTION 10. PAYMENT ............................................................................................................................. 36
10-01. Schedule of Values
10-02. Progress Payments
10-03. Retention on Progress Payments
10-04. Title
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Grace Hudson Museum Roof Replacement Negotiated Contract
10-05. Final Inspection and Acceptance of the Work
10-06. Final Payment and Claims
10-07. Stop Notice Payments
10-08. Contract Price Adjustments
10-09. Force Account Payment
10-10. Records
10-11. Compensable Delay
10-12. Compensation to the City for Extension of Time
10-10. Liquidated Damages for Delay
SECTION 11. DISPUTE RESOLUTION …………………………………………………………………… ... ….45
11-01. Timely Notice of Claim.
11-02. Notice of Potential Claim
11-03. Claims Procedure Pursuant to Public Contract Code Section 9204
11-04. Litigation and Forum Selection
11-05. Waiver
SECTION 12. MISCELLANEOUS ............................................................................................................... 47
12-01. Laws to be Observed
12-02. Rights in Land and Improvements
12-03 Antitrust Claims
12-04. Third Party Rights
12-05. Assignment
12-06. Rights to Drawings and Technical Data
12-07. Gratuities and Conflicts of Interest
TECHNICAL SPECIFICATIONS
SECTION 13. GENERAL INFORMATION .................................................................................................. 49
13-01. Location and Scope of Work
13-02. Arrangement of Technical Specifications
13-03. Arrangement of Plans
13-04. Business Licenses
13-05. Permits
13-06. Temporary Facilities
13-07. Public Convenience and Safety
13-08. Maintaining Traffic
13-09. Stream Pollution
13-10. Warranties
13-11. Utilities
13-12. Preconstruction Conference
13-13. Safety Requirements
SECTION 14. CONSTRUCTION DETAILS ................................................................................................. 50
SECTION 15. CONSTRUCTION DETAILS ................................................................................................. 50
SECTION 16. CONSTRUCTION DETAILS ................................................................................................. 50
CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST ...................................................................................................................... 51
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Grace Hudson Museum Roof Replacement Negotiated Contract
PROPOSAL ............................................................................................................................................. 52
BIDDING SCHEDULE ................................................................................................................................... 55
FAIR EMPLOYMENT PRACTICES CERTIFICATION .................................................................................. 57
WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 58
CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................... 59
LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 60
STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 61
NON-COLLUSION AFFIDAVIT ..................................................................................................................... 62
DISQUALIFICATION QUESTIONNAIRE ...................................................................................................... 63
AGREEMENT ............................................................................................................................................. 64
INDEMNIFICATION AGREEMENT ............................................................................................................... 70
BOND FORMS ……………………………………………………………………………………………………. .. 71
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............. 76
DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................. 77
INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
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Grace Hudson Museum Roof Replacement Negotiated Contract
INSTRUCTIONS TO BIDDERS
The Grace Hudson Museum Roof Replacement shall be performed in accordance with the Plans and Special
Provisions therefor adopted, to which special reference is hereby made.
Each Bidder must supply all the information required by the bid documents and Special Provisions.
If an Estimate of Quantities is given in the Contract Documents, the quantities are approximate only, being given as
a basis for the comparison of bids, The City does not, expressly or by implication, agree that the actual amount of
work will correspond to the estimate. The City reserves the right to increase or decrease the amount of any class or
portion of the work or to omit portions of the work.
The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start
of any work.
The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as
scheduled.
Examination of Site, Drawings, Etc.
Each Bidder shall examine carefully the Contract Documents and the site of the work and shall fully inform itself
with the conditions relating to execution of the work. Failure to do so will not relieve the successful Bidder of its
obligation to enter into an Agreement and complete the work in strict accordance with the Contract Documents.
Conditions relating to the execution of work include the requirements of federal, state and local laws, statutes and
ordinances relative to the execution of work, including, but not limited to, applicable regulations concerning
prevailing wage rates, non-discrimination in the employment of labor, protection of the public and employee health
and safety, and environmental protection. The submission of a Bid shall be conclusive evidence that the Bidder has
investigated and is satisfied as to the conditions to be encountered, the character, quality and scope of work to be
performed, the quantities of materials to be furnished and the requirements of the Contract Documents.
Where an investigation of surface topography and/or subsurface conditions has been conducted in areas where
work is to be performed, prospective Bidders may inspect the records of such investigations at the City’s offices.
There is no warranty or guarantee, either express or implied, that the conditions indicated by such investigations
are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments
may not occur, or that materials other than or in proportions different from those indicated may not be encountered.
The availability or use of information described in this Section is not intended to be and shall not be construed to
relieve the Bidder or Contractor from properly examining the site and making such additional investigations as it
may elect, or from properly fulfilling all the terms of the Contract Documents.
Location of the Work
All of the work to be performed is within the City of Ukiah. Project is located at the Grace Hudson Museum, 431
South Main Street, Ukiah, CA 95482.
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Grace Hudson Museum Roof Replacement Negotiated Contract
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS
1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs
in these contract documents, it shall have and is mutually understood to have the meaning given:
a. “Acceptance” shall mean documentation attesting to the act of the City Council by which all Work
under the Agreement, or a specified portion thereof, is identified as having been completed
satisfactorily.
b. “Addenda” shall mean written interpretations or revisions to any of the Contract Documents issued
by the City before the bid opening.
c. “Agreement” shall mean the written agreement covering the performance of the Work and the
furnishing of labor, materials, tools and equipment in the construction of the Work. The Agreement
is a part of the Contract Documents and will include all approved change orders issued after the
Agreement is executed by the parties.
d. “Bidder” shall mean any individual, firm, partnership, corporation or combination thereof,
submitting a bid for the work contemplated, acting directly or through a duly authorized
representative.
e. “Bid Forms” shall mean the approved forms upon which the City requires each Bidder submit its
bid with regard to the Agreement.
f. “Change Order” shall mean a written order to the Contractor directing an addition, deletion or
revision in the Work, or an adjustment in the Contract Price or Contract Time provided in the
Contract Documents and issued after the effective date of the Agreement. A Change Order will
not become effective until approved in writing and signed by the City, hereinafter referred to as an
"Approved Change Order." An Approved Change Order signed by the Contractor is hereinafter
referred to as an "Executed Change Order."
g. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through
its City Council or any other board, body, official or officials to which or to whom the power
belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain.
h. “Construction Schedule” shall mean a list or graphic display of construction activities required for
completing the Work, in a format required by the Contract Documents. The duration, start and
finish date, and sequence of the significant activities, critical path, float and milestones must be
indicated in the Construction Schedule.
i. “Contract Documents” shall mean those documents that form the basis of the Agreement,
including, but not limited to, the Instructions to Bidders, Bid Forms, Bidding Schedule, Schedule of
Values, Form of Agreement, Contract Bonds, General Conditions, Supplemental Conditions,
Federal Requirements, Prevailing Wages, Insurance Requirements, Technical Specifications,
Appendices, Contract Drawings, Addenda, Contractor’s bid, and all Change Orders issued after
the execution of the Agreement, and all other documents incorporated by reference in the same.
The State of California, Department of Transportation, 2018 Standard Construction Specifications
(the "Standard Specifications") shall apply to the construction work if referenced in the Technical
Specifications. However, the Standard Specifications shall not apply as to the change, payment,
and dispute resolution provisions applicable to this Agreement. In the event of conflict between
the Standard Specifications and the Special Provisions, the Special Provisions will govern.
j. "Contract Drawings," and “Contract Plans,” shall mean the identified in the Agreement, showing
the character, dimensions, and details of the Work.
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k. “Contract Price” shall mean the total compensation to be paid to the Contractor in accordance with
the terms of the Agreement.
l. “Contract Time” shall mean the number of calendar days, or portion thereof, allowed for completion
of the Work, including all authorized time extensions. The effective date for commencement of the
Work specified in the Notice to Proceed shall define the beginning of the Contract Time.
m. “Contractor” shall mean the individual, firm, partnership, corporation, joint venture or other legal
entity that has contracted with the City to perform the Work. The terms "prime contractor" or
“general contractor” shall also mean Contractor.
n. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of
twenty-four hours each.
o. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct
the work of construction under this contract, acting personally or through agents or assistants duly
authorized by him, such agents or assistants acting within the scope of the particular duties
entrusted to them.
p. Payment by “Force Account” shall mean payment on the basis of Contractor’s time and materials
as further defined herein.
q. “Legal Holidays’ shall mean those days designated as State holidays by the Government Code or
declared by the City Council, or otherwise specified in the Contract Documents.
r. “Liquidated Damages” shall mean the amount prescribed in the Contract Documents to be paid the
City or to be deducted from any payment due or to become due the Contractor for each Day’s
delay in completing the Work beyond the time allowed in the Contract Documents.
s. “State” shall mean the State of California and its agencies, including the Department of
Transportation (“Caltrans”)
t. “Notice of Completion” shall mean a document recorded by the City with the Counter Recorder
signifying completion of a work of improvement.
u. “Notice to Proceed” shall mean a written notice given by the City to the Contractor fixing the date
on which the Contract Time will commence to run.
v. “Notice of Termination’ shall mean a written notice from the City to the Contractor and its Surety
terminating the Agreement or a portion thereof, either for convenience of the City or for default due
to the Contractor’s failure to perform its contractual obligations.”
w. “Schedule of Values” shall mean the breakdown of the Contract Price that will serve as the basis
for Contractor’s Applications of Payment. Any lump sum item included within the Contract Price
will be apportioned among values relating to specific components of the Work covered by said
lump sum item.
x. “Shop Drawings” shall mean Drawings, plans, diagrams, schedules and other data specifically
prepared and submitted to the City by the Contractor, showing in detail: a.) The proposed
fabrication and assembly of a special component of the Work; and b.) The installation (form, fit and
attachment details) of a special component of the Work. Shop Drawings shall be deemed to
include Working Drawings, Product Data, literature, and applicable performance and test data.
y. “Subcontractor” shall mean any individual, firm, partnership, corporation, joint venture, or
combination thereof, other than employees of the Contractor, engaged by the Contractor to furnish
services, labor, equipment and materials for a portion of the Work.
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z. “Submittals” shall mean those documents required to be submitted by the Contractor for review by
the City in accordance to the Agreement.
aa. “Substantial Completion” shall mean the Work (or designated portion) is sufficiently complete, in
accordance with the Contract Documents, so that the City can safely and conveniently occupy or
utilize the Work (or such designated portion) for the use for which it is intended, and as needed for
the City to conduct its operation.
bb. “Supplier” shall mean any individual, firm, partnership, corporation, joint venture, or combination
thereof, other than employees of the Contractor, that supplies a tangible product as a portion of the
Work, with services usually limited to delivery and/or required testing, and with manufacturing,
fabrication, or production facilities located off the Work site.
cc. “Technical Specifications” shall mean the technical details, requirements, and descriptions of Work
to be performed under the Agreement. The Technical Specifications comprise Section 13 and
Appendices A and B of the Contract Documents, as may be amended by the City.
dd. “Unit Price” shall mean the value established for a single item of work or group of items commonly
regarded as a single entity, that is inclusive of all fundamental, direct and incidental costs and
exclusive only of costs associated with any other unit price and any lump sum price.
ee. "The Work" shall mean and include all the work specified, indicated, shown or contemplated in the
contract to construct the improvement, including all alterations, amendments or extensions thereto
made by contract Change Order or other written orders of the Engineer.
ff. “Work Site” shall mean the property on which the Work will be performed, including all staging
areas.
gg. “Working Drawings” shall mean original drawings prepared by the Contractor and/or its
Subcontractors or Suppliers, of any tier, illustrating Work required for construction that will not
become an integral part of the completed Work. This includes, but is not limited to, drawings for
temporary structures such as decking, bulkheads, excavation supports, utility support,
groundwater control, forming, falsework, access roads, staging areas, and staging plans. A
Working Drawing is one type of Shop Drawing.
Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that
reference to the drawings accompanying these Special Provisions is made unless stated otherwise.
Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the
direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise.
As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is,
"furnish and install". "Shall" is mandatory; "may" is permissive.
1-02. Examination of Plans, Special Provisions and Site of Work. The Bidder shall examine carefully the
Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be
assumed that the Bidder has investigated to its satisfaction the conditions to be encountered and the character,
quality and requirements of the Contract Documents.
1-03. Proposal. Bids shall be made on the Bid Forms prepared by the City and all blank spaces in the Bid Forms
must be completed, as required, in ink. All bids shall give the prices bid, both in writing and in figures and shall be
signed by the Bidder or its authorized representative, with its address. If Bidder is the sole owner, the bid shall be
signed by the owner. If Bidder is a corporation, the legal name of the corporation and its State of incorporation shall
be set forth and the Bid shall be signed by at least two officers authorized to sign contracts on behalf of the
corporation. If Bidder is a partnership, the true name of the firm shall be set forth, the names and addresses of all
partners shall be given and the bid shall be signed by a partner in the firm authorized to sign contracts on behalf of
the partnership. If the Bidder is a joint venture, the Bid shall be signed on behalf of each participating company by
officers or other individuals who have the full and proper authorization to do so. If the Bid is signed by an agent of
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the Bidder other than an officer of a corporation or a member of a partnership, a notarized power-of-attorney must
be on file with the City prior to opening of bids or must be submitted with the bid. If requested by the City, the
Bidder shall promptly submit evidence satisfactory to the City of the authority of the person signing the Bid.
Note the successful Bidder will prepare a Schedule of Values based on the Schedule of Bid Process that will
provide additional detail which will be used in conjunction with payment.
Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions,
erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be
rejected.
1-04. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works
project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant
to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor
Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public
works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is
subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Each Bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code
and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A
statement setting forth this experience and business standing shall be submitted by each Bidder on the form
provided herewith.
As a prerequisite to an award of the Agreement, the City will determine whether the low Bidder meets the definition
of a “responsible Bidder” as set forth in Public Contract Code Section 1103: “a Bidder who has demonstrated the
attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public
works contract.” In making this determination, the City may weigh evidence that the Bidder or its personnel charged
with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or
comparable difficulty at similar rates of progress.
1-05. Disqualification of Bidders. A Bid may be rejected on the basis of a Bidder, any officer of such Bidder, or
any employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed, or
otherwise prevented from bidding on, or completing, a federal, state or local project because of a violation of law or
a safety regulation.
More than one bid from an individual business, partnership, corporation or association or combination thereof,
under the same or different names, will not be considered. Reasonable grounds for believing that any individual,
firm, partnership, corporation or combination thereof is interested in more than one Bidder for the work
contemplated may cause the rejection of all Bids in which such individual, firm, partnership, corporation or
combination thereof is interested. If there is reason to believe that collusion exists among the Bidders, none of the
participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be
rejected.
1-06. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair
Practices Act (Public Contract Code Section 4100 to 4114, inclusive) and shall set forth:
(a) The name and the location of the place of business of each subcontractor who will perform work or
labor, supply materials, or render service to the Bidder in or about the construction of the work in an
amount in excess of one-half of 1 percent (0.5%)of the Bidder’s total bid.
(b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list
only one subcontractor for each such portion defined by the prime contractor in its bid. If the Bidder fails to
specify a subcontractor for any portion of the work, the Bidder agrees to perform that portion of the work
itself, and represents that it is qualified to perform that portion of the work itself.
1-07. Non-collusion Affidavit. By submitting a bid, the Bidder represents and warrants that such bid is genuine
and not a sham or collusive or made in the interest or on the behalf of any person therein named, and that the
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Bidder has not, directly or indirectly, induced or solicited any other Bidder to put in a sham bid, or any other person,
firm, or corporation to refrain from bidding, and that the Bidder has not in any manner sought collusion to secure the
Bidder an advantage over any other Bidder.
All Bids shall be accompanied by an executed non-collusion affidavit in the form required by Public Contract Code
Section 7106 provided with the bid documents.
SECTION 2. AWARD AND EXECUTION OF CONTRACT
2-01. Bid Evaluation Process. Bids received shall be evaluated to determine the apparent low Bidder. The
apparent low Bidder will be determined on the basis of the Total Bid Price, as shown in the Biding Schedule. If
additive or deductive alternates are used in the Bidding Schedule, the apparent low Bidder will be the Bidder with
the lowest total of the bid prices for the base contract items, plus the alternates designated by the City as those that
will be used for determining the lowest bid price.
2-02. Rejection of Bids. Bids may be rejected if they show such items as: any alteration of form; additions not
called for; conditional bids; incomplete bids; erasures; irregularities which make the bids incomplete, indefinite or
ambiguous; no acceptable bid security; or if the bid is not properly executed.
To the fullest extent allowed by law, the City reserves the right to reject any and all bids or to waive any
irregularities and informalities in any bids or in the bid procedure.
2-03. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible Bidder whose
bid complies with all the specified requirements. To the fullest extent allowed by law, the City reserves, in its sole
discretion, the right to reject any and all Bids and to waive any informality or irregularity in the Bids received, other
provisions in the Contract Documents notwithstanding.
2-04. Execution of Contract. The successful Bidder shall, within fifteen (15) days after receipt of written notice
that the Agreement has been awarded, sign and deliver to the City an Agreement in the form hereto, attached
together with the Agreement Bonds and insurance certificates as required in the Contract Documents. After
receiving the signed Agreement with acceptable bonds and insurance certificates from the successful Bidder, the
City will sign the Agreement.
If the Contractor is an individual, the Agreement shall be executed personally by the Contractor. If the Contractor is
a partnership, it is desirable that the Agreement be executed by all of the partners, but it may be executed by one of
them. If the Contractor is a corporation, it must be executed by two officers of the corporation consisting of (1) the
chairman of the board, president or vice president; and (2) the secretary, assistant secretary, chief finance officer,
treasurer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its
behalf, and the corporate seal affixed thereto. In the alternative, a person other than an officer may sign the
Agreement, provided evidence satisfactory to the City is provided indicating the individual’s authority to bind the
corporation. If the corporate seal is not affixed to the Agreement, or if it is executed by a person other than an
officer, or only by one officer, there must be attached to the Agreement a certified copy of a resolution of the
corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If
the Contractor is a joint venture, the Agreement must be executed on behalf of each participating firm by officers or
other individuals who have the full and proper authorization to do so.
2-05. Notice to Proceed: After execution of the Agreement and submission of Contractor’s performance and
payment bonds and certificate of insurance, the City will issue the Notice to Proceed indicating that the Work may
commence on the date indicated. Notice to Proceed will be issued within 120 days of Notice to Award, or any
longer period agreed upon between the City and Contractor.
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SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Intent of the Contract Documents. The Contract Documents are complementary, and what is called for by
one shall be as binding as if called for by all. The intent of the Contract Documents is to describe a functionally
complete project to be constructed. When the Contract Documents describe portions of the Work in general terms,
but not in complete detail, it is understood that the best general practice shall be followed and only materials and
workmanship of the best standard quality shall be used. Any Work, materials or equipment that are customarily
provided or that are reasonably inferable from the Contract Documents, as being required to produce the intended
result shall be supplied, whether or not specifically called for. When words, which have a well-known technical or
trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance
with that meaning.
Reference to standard specifications, manuals or codes of any technical society, organization or association, or to
the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall
mean the latest standard specification, manual, code, laws or regulations in effect on the first published date of the
Notice Inviting Bids, except as may be otherwise specifically stated. However, no provision of any referenced
standard specification, manual or code (whether or not specifically incorporated by reference in the Contract
Documents) shall be effective to change the duties and responsibilities of the City or Contractor, or any of their
consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign
the City or the Engineer, any duty or authority to supervise or direct the furnishing or performance of the Work or
any duty or authority to undertake responsibility contrary to the other provisions of the Contract Documents.
The Contract Documents are divided into parts, divisions, sections and articles for convenient organization and
reference. Generally, there has been no attempt to divide the specification sections into work performed by the
various building trades, work by separate subcontractors, or work required for separate facilities in the project.
3-02. Examination and Verification of Contract Documents. The Contractor shall thoroughly examine and
become familiar with all of the various parts of the Contract Documents and shall determine the nature and location
of the Work, the general and local conditions (including applicable laws) and all other matters which can in any way
affect the cost, progress or performance of the Work under this Agreement. Failure to make an examination
necessary for this determination shall not release the Contractor from the obligations of the Agreement. No oral
agreement or conversation with any officer, or employee of the City, or with the Engineer either before or after the
execution of the Agreement, shall affect or modify any of the terms or obligations contained in the Contract
Documents.
3-03. Contract Drawings. The Drawings consist of general drawings and show such plans, elevations, sections,
details and schedules as are necessary to give a graphic and pictorial description of the contemplated construction.
All authorized alterations affecting the requirements and information given on the Contract Drawings shall be in
writing.
3-04. Coordination and Interpretation of the Contract Documents. These Specifications, the Plans, Special
Provisions, and all supplementary Plans, drawings, and other Contract Documents are essential parts of the
Contract, and a requirement occurring in one is just as binding as though occurring in all. These documents are
intended to be integrated to describe and provide for a complete Work. In the event of a conflict in the Contract
Documents, unless expressly indicated otherwise, the governing priorities are as follows:
1. A Change Order.
2. The Agreement.
3. Addenda. Subsequent Addenda shall govern over prior Addenda only to the extent specified.
4. Special Provisions.
5. In case of conflict between the Technical Specifications and the General Conditions, the Technical
Specifications shall govern.
6. In case of conflict between Contract Drawings and the Special Provisions, the Contract Drawings shall
govern in matters of quantity and the Special Provisions shall govern in matters of quality.
7. In case of conflict within the Contract Drawings involving quantities and quality, Contractor shall furnish
the greater quantity and quality material and procedure.
8. In case of conflict within a plan sheet involving figured or numerical dimensions the profile shall govern
over the layout.
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9. In case of conflict within the Special Provisions involving quality of material or procedure, Contractor
shall furnish the higher quality material and procedure.
10. Specific notes shall govern over other notes and other portions of the Plans except Schedules.
11. Larger scale drawings shall govern over smaller scale drawings.
12. Detail plans shall govern over standard plates.
13. Figured or numerical dimensions shall govern over dimensions obtained by scaling.
14. Where provisions of codes, safety orders, Contract Documents, referenced manufacturers’
specifications or industry standards are in conflict, the more restrictive and higher quality shall govern.
The Contractor shall not take advantage of any error, discrepancy or omission in any of the Contract Documents if
such error, discrepancy or omission was or should have been apparent to Contractor. As soon as Contractor
discovers any apparent error, discrepancy or omission, Contractor shall immediately notify the Engineer, so that the
Engineer may make a determination on the matter, which determination shall be final, subject to Contractor’s right
to submit a claim in accordance with applicable provisions of the Contract Documents.
The Work shall be performed and completed according to the meaning and intent of the Contract Documents.
In the event of doubt or question arising concerning the true meaning of the Contract Documents or should it
appear that the Work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in
the Contract Documents, the Contractor shall submit a Request for Information (“RFI”) to the Engineer for such
further explanations as may be reasonable necessary and shall conform to the written explanation given as if part of
the Contract Documents. The decision of the Engineer in such cases shall be final.
The Contractor shall anticipate that it will be necessary to prepare and submit RFIs regarding the Contract
Documents. The City will respond to each RFI by no later than fourteen (14) days after receipt of the RFI, unless
the RFI is of significant complexity. Furthermore, in the event that there are numerous RFIs pending, Contractor
shall cooperate with the City in establishing a priority for responding to the RFIs, and potentially some RFIs may be
responded to beyond the fourteen (14) day period.
Each RFI prepared by the Contractor shall be full and complete. Contractor shall prepare RFIs so as to not cause
any delay to the progress of the Work and to not cause any impact to Contractor’s labor productivity in the field.
Contractor shall not assert any claims for delay or interference against the City if Contractor fails to timely submit
any RFI to the City, after consideration of the response period allowed for the City.
The response to an RFI shall not, by itself, constitute a writing that authorizes the Contractor to perform any Work
that causes an adjustment to either the Contract Time or the Contract Price. If the Contractor believes that any
response to an RFI should constitute a compensable change, the Contractor shall provide a Notice of Potential
Claim as provided in Section 11-02, below. The Contractor’s failure to provide the required written notice shall
constitute a waiver of the Contractor’s right to seek a compensable changes based on the RFI response.
The Contractor shall examine all Contract Documents; shall verify all figures in the Contract Documents before
laying out the Work; shall promptly notify the Engineer of all errors, inconsistencies, and/or omissions that it
discovers; and, in instances where such non-conformities are discovered, shall obtain specific instructions in writing
from the Engineer before proceeding with the Work. Contractor’s performance of any Work affected by such non-
conformities prior to Engineer's decision shall be at the Contractor's risk. Any Work that is customarily provided or
that is reasonably inferable shall not relieve the Contractor from performing such work at no additional expense
and/or delay, and such Work shall be performed as if fully set forth in the Contract Documents
SECTION 4. BONDS
4-01. Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a performance
bond (see attached City form) in an amount of 100 percent of the total Contract Price, as this sum is set forth in the
agreement, executed by a surety specified in California Code of Civil Procedure section 995.310 and otherwise
acceptable to the City.
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4-02. Payment Bond. As a part of the execution of this contract, the Contractor shall furnish a payment bond (see
attached City form) in a sum not less than 100 percent of the total Contract Price, as this sum is set forth in the
agreement, executed by a surety specified in California Code of Civil Procedure section 995.310 and otherwise
acceptable to the City.
4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract,
the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent
(5%) of the final Contract Price, to hold good for a period of one (1) year after the completion and Acceptance of the
work, to protect the City against the results of defective materials, workmanship and equipment during that time.
This bond shall be delivered to the City before the final payment under this contract will be made.
4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the
conditions and provisions of this contract and they waive the right of special notification of any change or
modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the
contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure
to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their
obligation under this contract.
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS
At the time of execution of the Agreement, the Contractor shall, at its own expense, procure and maintain for the
duration of the contract insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives,
employees or subcontractors.
5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001), covering all
operations by or on behalf of the Contractor and providing insurance for the limits of liability indicated
below.
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Worker's Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Course of Construction insurance covering for “all risks” of loss.
5-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage
including operations, products and completed operations. If Commercial General
Liability Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury by accident; $1,000,000 policy limit
for bodily injury by disease; and $1,000,000 each employee for bodily injury by
disease.
4. Course of Construction: Completed value of the project with no co-insurance penalty provisions.
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5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall
provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
5-04. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, agents, employees and volunteers are to be covered as Additional Insured
with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the
contractor; and with respect to liability arising out of work or operations performed by or on behalf of the
Contractor including materials, parts or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or
as a separate owner's policy. The additional insured endorsement for the general liability policy shall be at
least as broad as CG 2010 10 01 combined with CGL Endorsement CG 2037 10 01. All endorsements
must be approved in writing by the City. General Liability endorsements must include coverage for ongoing
and completed operations, which coverage shall be maintained for four (4) years following completion of
the Project.
2. Contractor’s Commercial General Liability Insurance shall include coverage or endorsements for (1)
Premises and Operations; (b) Produces and Completed Operations; (c) Broad form property damage
(including completed operations); (d) explosion, collapse, and underground hazards; and (e) personal
injury liability. Such insurance shall specifically cover the contractual liability of Contractor.
3. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance
company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials,
employees and volunteers for losses paid under the terms of this policy which arises from the work
performed by the named insured for the City.
4. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as
respects the City, its officers, agents, officials, employees or volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's
insurance and shall not contribute with it. This shall be evidenced by such separate endorsement (CG 20
01 04 13 or an equivalnet0 or section of the policy.
5. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements
and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and
limits shall be (1) the minimum coverage and limits specified herein; or (2) the fully coverage and maximum
limits of any insurance proceeds available to het named insureds, whichever is greater.
6. Liability insurance coverage may not be written on a “claims made” or modified occurrence basis. The
Certificate of Insurance must clearly provide that the coverage is on an “occurrence” basis.
7. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
8. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in
any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of
Section 2782 of Civil Code.
9. If there is an exposure to Contractor’s employees under the U.S. Longshoremen’s and Harbor Worker’s
Compensation Act, the Jones Act, or other Federal Acts or under laws, regulations, or statutes applicable
to maritime employees, Contractor’s Worker Compensation and Employer’s Liability Insurance coverage
shall be included for such injuries or claims.
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5-05. Builder’s Risk/Course of Construction Insurance. The Contractor shall be responsible for all loss,
damage, or destruction whatsoever to the work called for by this Contract until the approval of a Notice of
Completion.
The Contractor shall secure “All Risk” type of Builder’s Risk Insurance of the type covering one hundred percent
(100%) of the value of the work performed under this Contract (the value is presumed to be the Contract amount
unless otherwise stated) and all materials, equipment, or other items to be incorporated therein while the same are
located at the construction site, a bonded warehouse, or its place of manufacture. At any time, the policy shall cover
the value of the work completed. The policy shall cover hazards included the losses due to fire, explosion, hail, rain,
lightning, flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke.
The policies providing such insurance shall name the City as a loss payee as its respective interests may appear,
and certified copies of such policies shall be filed with the City. The maximum deductible allowed under the
Builder’s All Risk Policy shall be five percent (5%) of the Contract amount.
Builder’s Risk Insurance is not required for coverage of losses in excess of five percent (5%) of the Contract
amount for damages resulting from earthquake in excess of a magnitude of 3.5 on the Richter scale, or tidal waves.
Coverage in the amount of five percent (5%) of the Contract amount for such losses is required.
5-06. Pollution Coverage. Contractor shall procure pollution liability coverage or other insurance covering claims
for bodily injury or property damages arising out of the abatement, removal, storage, transportation, or other
exposure to hazardous materials or pollutants, in limits not less than $2,000,000. Contractor shall add the City and
all parties required to be indemnified by Contractor as additional insureds on all pollution liability policies.
5-07. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following:
A++ VII A- VIII
A+ VII B++ X
A VII B+ X
5-08. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City
or on other than the City's forms, provided those endorsements or policies conform to the requirements. All
certificates and endorsements are to be received within 15 days from written notice of contract award, and the work
shall not commence until the certificates and endorsements have been approved by the City. The City reserves the
right to require complete certified copies of all required insurance policies, including endorsements affecting the
coverage required by these Special Provisions at any time.
5-09. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to
all of the requirements stated herein.
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR
6-01. Independent Contractor Status. The Contractor shall independently perform all Work required by the
Contract Documents and shall not be considered as an agent or employee of the City, nor shall the Contractor’s
Subcontractors or employees be considered as subagents of the City.
The Contractor and the Contractor’s Subcontractors shall be licensed in accordance with the laws of the State of
California and as more particularly described in the bidding documents or elsewhere in the Contract Documents.
6-02. Superintendence By the Contractor. The Contractor shall supervise and direct the Work, which shall be
performed in accordance with the requirements of the Contract Documents. The Contractor shall be solely
responsible for implementation of all construction means, methods, techniques, sequences, and procedures and for
coordination of all portions of the Work under the Agreement. The Contractor shall be solely responsible for the
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safety of its employees, Subcontractors of any tier, Suppliers, visitors to the Contractor, and other third parties
associated with the Contractor.
Before issuance of the Notice to Proceed, the Contractor shall designate, in writing, the Project Manager, Site
Superintendent and Safety Officer for Contractor on the project. The City must approve each of these three
positions before issuance of Notice to Proceed. Instances of misconduct, contract non-compliance, unsatisfactory
performance, or incompetence by these personnel shall be grounds for the City to direct Contractor to dismiss them
from the project; Contractor shall immediately comply with the City’s request, at no cost to the City, and shall
designate a replacement according to the above designation procedure.
Superintendent shall be assigned to the site full time and the Project Manager shall be present at the work site
whenever actions of the elements necessitate its presence to take measures necessary to assure contract
compliance and to protect the Work, persons or property. Any order or communication given to the Project
Manager or Site Superintendent shall be deemed delivered to the Contractor.
If requested by the Engineer, Contractor shall provide daily reports signed by Contractor’s Superintendent indicating
the location and description of operations and details of the equipment and labor used to perform the items of Work.
Such details shall include the description of the items of Work, names and classifications of laborers, hours worked,
description of equipment used, equipment numbers, and hours equipment are in use, and hours equipment may be
idle.
When the Contractor has more than one construction contract with the City, each contract shall have independent
field offices, field staff, and superintendence.
Additional requirements for superintendence or project staffing may be included in the Technical Specifications.
6-03. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a
suitable office at the site of the work. The Contractor shall keep one copy of all Contract Documents (including
Change Orders), approved Shop Drawings, correspondence, meeting minutes, approved progress payments, and
all other records relating to the Work at the work site. These records shall be maintained in good order, and they
shall be available to the City and its authorized representatives for review, inspection and copying.
6-04. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless the
City and its officers, directors, employees, and agents, including the Engineer, and the successors and assigns of
any of them (collectively referred to as “Indemnitees”) from and against all claims, demands, liability, suits, actions,
costs or expenses for any and all loss or damage, including, but not limited to, personal injury, property damage, or
economic loss, arising from or resulting from allegations of (1) Contractor’s use of the City’s property or any
activities or Work performed hereunder by Contractor; (2) Contractor’s performance of het Work under the
Agreement; or (3) Contractor’s breach of any provision of the Agreement,. The duty of Contractor to indemnify and
save harmless includes the dues to defend as set forth in Section 2778 of the civil Code. The only exception to
these provisions is that Contractor’s obligations under this section will not apply to the extent that claims, demands,
liability, suits, actions, costs or expenses are caused by Indemnitees’ active negligence, willful misconduct, criminal
acts, or for defects in design furnished by the Indemnitees. Contractor waives any and all rights to any type of
express or implied indemnity against Indemnitees. This indemnity shall survive termination or Acceptance of the
Agreement.
Any person, firm or corporation that Contractor authorizes to work on the city’s property, including Subcontractors,
shall be deemed to be an agent of the Contractor for purposes herein, shall be subject to all the applicable terms
herein, and shall be within the scope of Contractor’s Indemnity obligation described herein.
6-05. Protection of Persons and Property. The Contractor shall assume all responsibility for public safety during
performance of the Work, and all costs arising therefrom shall be included in the Contract Price. Whenever the
Contractor’s operations create a condition hazardous to traffic or to the public, it shall furnish such, erect and
maintain, at its expense, such fences, signs and other devises, and take such other protective measures as are
necessary to prevent accidents or damage or injury to the public. The Contractor shall establish the pedestrian
detours with comparable lighting to the original pedestrian areas. The Contractor shall arrange for such flaggers as
are necessary to give adequate warning to traffic or to the public of any dangerous conditions affecting traffic. For
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Work in a public right-of-way, the Contractor shall comply with the rules and regulations of the State, County, or
local entity, including the City, that owns that right-of-way.
The Contractor shall promptly and fully comply with and carry out, and shall without separate charge therefor to the
City, all safety and first aid requirements prescribed by all applicable Federal, State and local laws and regulations,
rules and orders. The Work shall be done in a safe manner; and Contractor shall safeguard the safety and health
of its employees, Subcontractors, and the people of local communities. Contractor shall also be responsible for
ensuring that its Subcontractors comply with the provisions of this section.
Upon the failure of the Contractor to comply with any of the requirements of this section, the City shall have the
authority, but not the duty, to stop the Work until such failure is remedied. Contractor shall not be entitled to an
adjustment of the Contract Time or an increase in the Contract Price due to any such suspensions.
When required by the Contract Documents, the Contractor shall construct, maintain and remove detours for the use
of public traffic, without additional cost to the City.
The failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause
for closing down the work until such detours are in satisfactory condition for use by public traffic.
Due care shall be exercised to avoid injury to existing improvements or facilities, utility facilities, adjacent property
and trees, shrubs and other plants that are not to be removed.
Trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, survey markers and
monuments, buildings and structures, conduits, pipe lines, sewer and waterlines, highway facilities, and any other
improvements or facilities, under or above ground, that are within or adjacent to the work limit line shall be protected
from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from
injury or damage. If such objects are injured or damaged by reason of the Contractor’s operations, they shall be
replaced or restored at the Contractor’s expense. The facilities shall be replaced or restored to a condition as good
as when the Contractor entered upon the work site, or as good as required by the Contract Documents if any such
objects are a part of the Work. The City may make or cause to be made such temporary repairs as are necessary
to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor, and the costs
may be deducted from any monies due or to become due to the Contractor under the Agreement.
6-06. Hazardous Chemicals and Wastes. The Contractor shall bear full and exclusive responsibility for any
release of hazardous or non-hazardous chemicals or substances during the course of the Work. The Contractor
shall immediately report any such release to the City. The Contractor shall be solely responsible for all claims and
expenses associated with the response to, removal and remediation of the release, including, without limit, payment
of any fines or penalties levied against the City by any agency as a result of such release and shall hold harmless,
indemnify and defend the City from any claims arising from such release. For purposes of this section only, the
term “claims” shall include:
1. All notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees
or charges imposed by any governmental agency with jurisdiction, and
2. Any claim, cause of action, or administrative or judicial proceeding brought against the
City, its directors, employees, and agents for any loss, cost (including reasonable
attorney’s fees), damage or liability, sustained or suffered by any person or entity,
including the City.
If the performance of the Work creates any hazardous wastes, those wastes shall be properly disposed of
according to federal, state and local laws, at the expense of the Contractor. The Contractor shall dispose of the
wastes under its own EPA Generator Number. In no event shall the City be identified as the generator. The
Contractor shall notify the City of any such hazardous wastes and the City reserves the right to a copy of the results
of any tests conducted on the wastes and, at its cost, to perform additional tests or examine those wastes, prior to
its disposition. The Contractor shall hold harmless, indemnify and defend the City from any claims arising from the
disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by Contractor.
Disposal of all Hazardous Materials must be done in accordance with all laws and regulations. Copies of a required
regulatory documentation including copies of final manifests shall be supplied to the City.
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6-07. Protection of City Against Patent Claims. The Contractor shall assume all costs arising from the use of
patented materials, devices or processes, used on or incorporated in the Work and shall indemnify and save
harmless the City, together with all of its officers, agents, servants and employees from all suits at law, or actions of
every nature for, or on account of the use of patented materials, equipment, devices, processes. The Contractor
shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or costs.
In the event such materials, equipment, devices or processes are held to constitute an infringement and their used
enjoined, the Contractor, at its expense shall:
1. Secure for the City the right to continue using said materials, equipment, devices or processes by
suspension of the injunction or by procuring a license or licenses, or
2. Replace such materials, equipment, devices or processes, or
3. Modify them so that they become non-infringing or remove the enjoined materials, equipment, devices, or
processes and refund the sums paid therefor without prejudice to any other rights of the City.
6-08. Protection of Contractor's Work Property. The Contractor shall protect its work, supplies and materials
from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under
its control, until the completion and Acceptance of the work. Neither the City nor any of its agents assumes any
responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor.
6-09. Regulations, Permits and Licenses. The Contractor acknowledges and agrees that, prior to submission to
its bid for the work, it fully familiarized itself with the requirements of all federal, state, county, and municipal laws,
codes, rules, and regulations, as well as the conditions of any required licenses and permits.
The Contractor shall secure for all permits and licenses, including any applicable building permits (except those
procured by the City), pay all charges and fees, and give all required notices necessary and incidental to the
prosecution of the Work. Contractor shall be responsible for applying, paying all fees, and coordination for obtaining
all permits for completion of the work.
The contractor and any Subcontractors shall each secure and maintain a valid City of Ukiah Business License. The
City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within
City right of way or within City property after the Contract Documents have been executed and insurance
certificates and endorsements have been approved by the City.
The Environmental Quality Act (Public Resources Code, Section 21000 to 21176) may be applicable to permits,
licenses and other authorizations which the Contractor must obtain from State, the City, or other local agencies in
connection with performing the Work. The Contractor shall comply with the provisions of that Act in obtaining such
permits, licenses and other authorizations, and all permits, licenses and other authorizations shall be obtained in
sufficient time to prevent delays to the Work.
6-10. Construction Utilities. The Contractor shall be responsible for providing all necessary utilities, including but
not limited special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage
places, and shall be responsible for payment of the same. For temporary utility services, the Contractor shall make
its own arrangements with utility companies and pay all costs of these services directly to these utility organizations.
6-11. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work
proposed by the Contractor in accordance with paragraph 8-06 or otherwise shall not relieve the Contractor of any
responsibility for errors therein and is not assumption of risk or liability by the City or any officer or employee
thereof. The Contractor shall have no claim on account of the failure or partial failure or inefficiency of any plan or
method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the
Contractor's using, at Contractor’s sole responsibility and risk, the plan or method proposed by Contractor.
6-12. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor,
but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk
and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof.
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6-13. Subcontracting. The Contractor shall give its personal attention to the fulfillment of the Contract Documents
and shall keep all Work under its control.
Nothing in the Contract Documents shall create any contractual relationship between the City and any
subcontractor. The Contractor is fully responsible to the City for the acts and omissions of its Subcontractors of any
tier.
When a portion of the Work, which has been subcontracted by the Contractor, is not being prosecuted in a manner
satisfactory to the City, the Subcontractor shall be removed immediately upon the request of the City, and shall not
again be employed with respect to the Work.
All requested substitutions of Subcontractors listed in the Contractor’s Bid shall comply with Subletting and
Subcontracting Fair Practices Act (Public Contract Code Section 4100 to 4114, inclusive).
The on-site production of materials produced by other than the Contractor’s own forces shall be considered as
subcontracted. The erection, establishment or reopening of on-site plants for production of materials and the
operation thereof in the production of materials for use on the Work shall conform to the requirements relating to
labor set forth in the Contract Documents.
The Contractor shall be responsible for coordinating the work performed by Subcontractors and Suppliers.
The Contractor shall pay any Subcontractors approved by the City for work that has been satisfactorily performed
no later than ten (10) days from the date of Contractor’s receipt of progress payments by the City. Within seven (7)
days after receipt from the City of funds attributable to work performed by a Subcontractor, Contractor shall release
any retainage payments withheld to the Subcontractor. In the event the Contractor does not make progress
payments or release retentions to the Subcontractors in accordance with the time period(s) specified herein, the
Contractor may be subject to prompt payment penalties per statute.
6-14. Lines and Grades. The Contractor shall perform all construction staking using a land surveyor licensed in
the State of California. The Contractor shall provide a staking plan prior to commencement of the Work for the City’s
review, shall preserve and maintain monuments, bench marks, reference points and stakes, and shall update the
plan as necessary. The Engineer may verify the field condition. In case of destruction, the Contractor shall replace
all monuments, stakes, reference points and bench marks and the Contractor shall be responsible for any mistakes
that may be caused by their unnecessary loss or disturbance. Errors or inconsistences in the Contract Documents
discovered by the Contractor shall be reported to the Engineer within 24 hours and prior to construction forms or
related improvements. Any work installed without this requirements shall be subject to removal and replacement at
the Contractor’s expense.
6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the Work,
without delay, all rejected materials or structures brought to or incorporated in the Work. If the Contractor fails to do
so, or to make satisfactory progress in doing so within forty-eight (48) hours after the service of a written notice from
the Engineer, the rejected material or work may be removed by the City and the City may deduct the cost of such
removal from any payments that are due or may become due to the Contractor. Contractor shall not use any such
rejected material in the performance of the Contract.
6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has
complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and
materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated
documents or other satisfactory proofs as to its compliance with such requirements.
6-17. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in
behalf of the City and workers who may be employed by the City on any work in the vicinity of the Work to be done
under this contract with the work of such contractors or workers. The Contractor shall make good promptly, at its
own expense, any injury or damage that may be sustained by other contractors or employees of the City caused by
Contractor.
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Any difference or conflict which may arise between the Contractor and other contractors, or between the Contractor
and workers of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the
Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall
on that account have no claim against the City other than for an extension of time.
6-18. Removal of Unsatisfactory Employees. The Contractor and Contractor’s Subcontractors shall, on the site
of the Work, employ only such competent persons skilled in their respective lines of work. Whenever the Engineer
notifies the Contractor that any person employed by or representing Contractor or any Subcontractor on the Work
is, in the Engineer’s opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions
of this contract, or uses threatening or abusive language to or otherwise threatens or abuses any City employee or
representative or nay member of the public, or is otherwise unsatisfactory, Contractor shall remove or require its
Subcontractor to remove the person from the Work and shall not return that person to the Work except with the
consent of the Engineer.
6-19. Labor Code Requirements. At its own expense, the Contractor shall comply with all laws, rules, and
regulations that pertain to Contractor’s work force. Attention is directed to the following requirements of the
California Labor Code.
1. Hours of Labor. Eight hours labor constitutes a legal day's work. The Contractor or subcontractor shall, as
a penalty to the state or political subdivision on whose behalf the Agreement is made or awarded, forfeit
$25 for each worker employed in the performance of the Agreement by the Contractor or any subcontractor
under Contractor for each calendar day during which the worker is required or permitted to work more than
8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of the
Labor Code Section 1813. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of the Labor
Code and notwithstanding any stipulation inserted in any contract pursuant to the requirements of these
sections, work performed by employees of the Contractor or subcontractor in excess of 8 hours per day
and 40 hours during any one week shall be permitted upon compensation for all hours worked in excess of
8 hours per day and in excess of 40 hours during any one week at not less than 1½ times the basic rate of
pay, as provided for in Section 1815. In addition, contractor/subcontractor may be required to pay double
the basic rate of pay for all hours worked in excess of 12 hours in any workday and under other
circumstances. (See California Code of Regulations sections 16100(c)(6), 16200(a)(3)(F) and applicable
prevailing wage determinations.)
2. Labor Non-Discrimination. Section 1735 of the Labor Code states that the Contractor shall not discriminate
in the employment of persons upon public works because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex,
gender, gender identity, gender expression, age, sexual orientation or military and veteran status of such
persons, except as provided in Section 12940 of the Government Code.
3. Payroll Records. The Contractor's attention is directed to the following provisions of Labor Code Section
1776. The Contractor shall be responsible for compliance with these provisions by its subcontractors.
a. The Contractor and each subcontractor shall keep accurate payroll records, showing the
name, address, social security number, work classification, straight time and overtime hours
worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed by him or her in connection with the public
work. Each payroll record shall contain or be verified by a written declaration that is made
under penalty of perjury, stating both of the following:
i. The information contained in the payroll record is true and correct.
ii. The employer has complied with the requirements of Sections 1771, 1811, and 1815
for any work performed by his or her employees on the public works project.
b. The payroll records enumerated under subdivision (a) shall be certified and shall be available
for inspection at all reasonable hours at the principal office of the Contractor on the following
basis:
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i. A certified copy of an employee's payroll record shall be made available for inspection
or furnished to such employee or his or her authorized representative on request.
ii. A certified copy of all payroll records enumerated in subdivision (a) shall be made
available for inspection or furnished upon request to a representative of the City, the
Division of Labor Standards Enforcement of the Department of Industrial Relations.
iii. A certified copy of all payroll records enumerated in subdivision (a) shall be made
available upon request to the public for inspection or copies thereof. However, a request
by the public shall be made through either the City, or the Division of Labor Standards
Enforcement. If the requested payroll records have not been provided pursuant to
paragraph (ii), the requesting party shall, prior to being provided the records, reimburse
the costs of preparation by the Contractor, subcontractor and the entity through which the
request was made. The public may not be given access to the records at the principal
office of the Contractor.
c. Unless required to be furnished directly to the labor Commissioner in accordance with
paragraph (iii) of subdivision (a) of section 1771.4, the certified payroll records shall be on
forms provided by the Division of Labor Standards Enforcement or shall contain the same
information as the forms provided by the Division. The payroll records may consist of printout
of payroll data that are maintained as computer records, if the printouts contain the same
information as the forms provided by the division and the printouts are verified in the manner
specified in subdivision (a).
d. Contractor and each subcontractor shall file a certified copy of the records enumerated in
subdivision (a) with the entity that requested the records within 10 days after receipt of a
written request.
e. Except as provided in subdivision (f), any copy of records made available for inspection as
copies and furnished upon request to the public or any public agency by the City or the
Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure
of an individual's name, address and social security number. The name and address of the
Contractor or the subcontractor performing the contract shall not be marked or obliterated.
Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-
Hartley trust fund (29 U.S.C. Sec. 186 c(5)) that requests the records for the purposes of
allocating contributions to participants shall be marked or obliterated only to prevent disclosure
of an individual’s full social security number, but shall provide the last four digits of the social
security number. Any copy of records made available for inspection by, or furnished to, a joint
labor-management committee established pursuant to the federal Labor Management
Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent
disclosure of an individual’s social security number.
f.
i. Notwithstanding any other provision of law, agencies that are included in the Joint
Enforcement Strike Force on the Underground Economy established pursuant to
Section 329 of the Unemployment Insurance Code and other law enforcement
agencies investigating violations of law shall, upon request, be provided nonredacted
copies of certified payroll records. Any copies of records of certified payroll made
available for inspection and furnished upon request to the public by an agency
included in the Joint Enforcement Strike force on the Underground Economy or to a
law enforcement agency investigating a violation of law shall be marked or redacted to
prevent disclosure of an individuals’ name, address, and social security number.
ii. An employer shall not be liable for damages in a civil action for any reasonable act or
omission taken in good faith in compliance with this subdivision.
g. Contractor shall inform the body awarding the contract of the location of the records
enumerated under subdivision (a), including the street address, city and county, and shall,
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within five working days, provide a notice of a change of location and address.
h. The Contractor or subcontractor has 10 days in which to comply subsequent to receipt of a
written notice requesting the records enumerated in subdivision (a). In the event that the
contractor or subcontractor fails to comply within the 10-day period he or she shall, as penalty
to the state or political subdivision on whose behalf the contract is made or awarded, forfeit
one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until
strict compliance is effectuated. Upon the request of the Division of Labor Standards
Enforcement, these penalties shall be withheld from progress payments then due.
i. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of
a subcontractor to comply with this section.
j. The body awarding the contract shall cause to be inserted in the contract stipulations to
effectuate this section.
k. The director shall adopt rules consistent with the California Public Records act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the
Information Practices Act of 1977 (title 1.8 (commencing with section 1798) of Part 4 of
Division 3 of the Civil Code) governing the release of these records, including the
establishment of reasonable fees to be charged for reproducing copies of records required by
this section.
4. Apprentices. The Contractor shall fully comply with the requirements of Sections 1777.5 and 1777.6 of the
California Labor Code and the regulations of the California Apprenticeship Council. In accordance with
Section 1777.5, the Contractor shall secure the necessary certificates and shall contribute to the
apprenticeship fund or funds, as provided for therein. The Contractor shall require each subcontractor who
will perform work or labor or render service to the Contractor in or about the construction of the work to
comply fully with Sections 1777.5 and 1777.6 of the Labor Code. Information relative to apprenticeship
standards, wage schedules and other requirements may be obtained from the State Division of
Apprenticeship Standards and its branch offices.
6-20. Prevailing Wages.
1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work
unconditionally and without subsequent deductions or rebate on any account the full amounts due at the
time of payment at wage rates not less than those contained in the applicable prevailing wage
determination, regardless of any contractual relationship which may be alleged to exist between the
Contractor and subcontractors and such laborers and mechanics. This Agreement may be subject to both
federal and state prevailing wage laws. The federal requirements (Davis-Bacon Act) will be provided if
applicable. The state requirements are set forth herein. To the extent the contract provisions required by
the Federal and State law are inconsistent, the Contractor is responsible for complying with the more
comprehensive or strict requirements.
2. The Contractor and any Subcontractor shall comply with the California Labor Code Sections 1774 and
1775. In accordance with said Section 1775, Contractor and any subcontractor under Contractor shall
forfeit as a penalty to the state or the City not more than $200 for each calendar day or portion thereof, for
each worker paid less than the prevailing rate as determined by the Director of Industrial Relations for the
work or craft in which the worker is employed for under the Contract by the Contractor or, except as
provided in Subdivision (3), below, by any subcontractor under the Contractor.
The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both
of the following: (i) whether the failure to pay the correct rate of per diem wages was due a good-faith
mistake, and, if so, the error was promptly and voluntarily corrected when brought to the attention of the
Contractor or subcontractor; and (ii) whether the Contractor or subcontractor has a prior record of failing to
meet its prevailing wage obligations.
The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rate, unless the failure of the Contractor or subcontractor to pay
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the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and
voluntarily corrected when brought to the attention of the Contractor or subcontractor.
The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rate, if the Contractor or subcontractor has been assessed
penalties within the previous three years for failing to meet its prevailing wage obligations on a separate
contract, unless those penalties were subsequently withdrawn or overturned.
The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion
thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that
the violation was willful, as defined in subdivision (c) of Section 1777.1.
If the amount due under this section is collected from the Contractor or subcontractor, any outstanding
wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor
or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or
subcontractor pursuant to this section.
The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for
abuse of discretion.
In addition to said penalty, the difference between such prevailing wage rates and the amount paid to each
worker for each calendar day or portion thereof for which each worker was paid less that the prevailing
wage rate shall be paid to each worker by the Contractor or subcontractor.
3. If a worker employed by a subcontractor on a public works project is not paid the general prevailing per
diem wages by the subcontractor, the Contractor is not liable for any penalties described above unless the
Contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages
to those workers or unless the Contractor fails to comply with all of the following requirements:
(a) The contract executed between the Contractor and the subcontractor for the performance of work
on the public works project shall include a copy of the provisions of Sections 1771, 1776, 1777.5,
1813, and 1815 of the Labor Code.
(b) The Contractor shall monitor the payment of the specified general prevailing rate of per diem
wages by the subcontractor to the employees, by periodic review of the certified payroll
records of the subcontractor.
(c) Upon becoming aware of the subcontractor’s failure to pay his or her workers the specified
prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify
the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work
performed on the public work project.
(d) Prior to making final payment to the subcontractor for work performed on the public works project,
the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that
the subcontractor has paid the specified general prevailing rate of per diem wages to his or her
employees on the public works project and any amount due pursuant to 1813 of the Labor Code.
4. Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the
Contractor on a public works project within 15 days of the receipt by the Division of Labor Standards
Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the
general prevailing rate per diem wages.
5. Pursuant to the provisions of Section 1773 of the Labor Code, the City has obtained the general prevailing
rate of wages applicable to categories of workers the City anticipates will be utilized for this project for
straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be
applicable to all holidays recognized in the collective bargaining agreement of the particular craft,
classification or type of workers concerned, or if no collective bargaining applies, those holidays identified
in Government Code Section 6700. Prevailing wage rates for this project are available at the Financial
Services Manager’s office, located at 411 West Clay Street, Ukiah, CA 95482. In the event that the
Contractor intends to utilize categories of workers different from, or in addition to, those anticipated by the
City, it shall be Contractor’s responsibility to bring such categories of workers to the City’s attention
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immediately, and to obtain the appropriate wage rate from the Department of Industrial Relations (with the
City’s assistance if necessary). (See Title 8 California Code of Regulations Section 16202.)
The Contractor shall post general prevailing wage rates at a prominent place at the site of the work.
6. Pursuant to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 16204, changes
in general prevailing wage determinations shall apply to the project only if issued by the Director of
Industrial Relations prior to the City’s bid issuance date.
7. City will not recognize any claim for additional compensation based on the payment by the Contractor of
any increased wage rate required during the term of the Agreement to the state prevailing wage rate, or the
federal minimum wage rate. The possibility of wage increases during the course of the Agreement is one of
the elements to be considered by the Contractor in determining the bid and any such wage increases will
not, under any circumstances, be considered as the basis for a claim against the City.
8. When both California and Federal prevailing wage rates apply, the Contractor and any subcontractors shall
pay their workers the higher of the two rates. The Contractor and any subcontractors shall insert this
clause in any lower tier contract.
9. Pursuant to Labor Code Section 1771.1(b), notice is hereby given that a contractor or subcontractor shall
not be qualified to bid on, be listed on a bid proposal, subject to the requirements of Section 4104 of the
Public Contract Code, or engage in the performance of any contract for public work, as defined in Labor
Code Sections 1720, et seq., unless currently registered and qualified to perform public work pursuant to
Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered
contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform
public work pursuant to Section 1725.5 at the time the contract is awarded.
6-21. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash, debris,
garbage, or waste material, but shall maintain the site in a neat, orderly, safe and healthful condition until
completion and Acceptance of the Work. The Engineer shall have the right to determine what is or is not waste
material or rubbish and the place and manner of disposal.
Before final inspection of the Work, the Contractor shall clean the work site and all ground occupied by Contractor
in connection with the Work of all rubbish, excess materials, falsework and temporary structures and equipment. All
parts of the Work shall be left in a neat and presentable condition. Contractor shall implement a program of proper
cleaning and “housekeeping” practices, employee training and other measures as needed to consistently maintain a
clean Work site and shall at all times take all measures necessary to protect work in place and materials and
equipment stored on site from contamination by dust, dirt, debris or mold. Full compensation for cleaning up and
protection of work, materials and equipment is included in the prices paid for the various Contract items of work,
and no separate or additional payment shall be made for cleaning up and protection of work, materials and
equipment.
6-22. Disposal of Material Outside the Work Site. Unless otherwise stated elsewhere in the Contract
Documents, the Contractor shall, at its own cost and expense, make its own arrangements for disposing of
materials outside the work site.
When any material is to be disposed of outside the work site, the Contractor shall first obtain written permission
from the City to dispose of the material at the intended location. The City’s approval will be contingent upon
Contractor obtaining a written permit from the property owner on whose property the disposal is to be made. Prior
to the disposal of any material at the intended location, Contractor shall submit said permit or a certified copy
thereof to the City, together with a written release from the property owner absolving the City from any and all
responsibility related to the disposal of material on said property.
Disposal of all Hazardous Materials must be done in accordance with all laws and regulations. Copies of a required
regulatory documentation including copies of final manifests shall be supplied to the City.
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6-23. Guaranty of Work. Notwithstanding inspections and Acceptance by the City of Work furnished under the
Contract Documents, the Contractor warrants that all materials and equipment furnished will be of good quality and
new, that the Work will be free of defects in material or workmanship, and that the Work will conform to the
requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not
property approved and authorized, may be considered defective.
This warranty by the Contractor is in addition to any warranties or guarantees required elsewhere in the Contract
Documents. This warranty shall be in effect notwithstanding any disclaimers, or limiting or conditional terms
contained in such separate warranties furnished by manufacturers or suppliers.
The Contractor agrees to correct all defective Work discovered by the City during a period of one year from the date
of acceptance of the Agreement by the City or Relief from Maintenance, whichever occurs first, or for such periods
of time as set forth elsewhere in the Contract Documents. In addition to making corrections, repairs and/or
replacements of any defective Work, Contractor shall correct, repair and/or replace any components of the Work
that are damaged as a result of such defective materials, equipment and/or workmanship. Such corrective work
shall be at the sole expense of the Contractor and shall be performed in a timely manner at the reasonable
convenience of the City.
The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the
Contractor or its agent, the Contractor shall neglect to commence to make or undertake with due diligence the
aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would
cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor
shall pay the costs thereof.
Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective
Material and Workmanship Bond in an amount not less than 10 percent of the final Contract Price, which shall be
effective for a period of one (1) year after the completion and Acceptance of the work.
All warranties set forth in the Contract Documents shall be deemed cumulative and not alternative or exclusive.
Nothing contained in this Section shall be construed to establish a period of limitation with respect to any other
obligation, which Contractor has under the Contract Documents or under any separate warranty or guaranty
required thereby. The establishment of a specific warranty period relates only to the specific obligation of
Contractor to correct defective Work, and it has no relationship to the time within which its obligation to comply with
the Contract Documents or applicable provision of law may be sought to be enforced, nor to the time within which
proceedings may be commenced to establish Contractor’s liability with respect to its obligations other than
specifically to correct the Work. Without limiting the foregoing, it is understood and agreed that Contractor shall
remain responsible for latent defects with its work, regardless of the expiration of any warranty period set forth in
the Contract Documents.
6-24. Payment of Taxes. Contractor shall pay all taxes and duties applicable to and assessable against any Work,
equipment, materials, services, processes, and operations incidental to or involved in the Agreement, including but
not limited to, retail sales and use, transportation, export, import, business, and special taxes. The Contractor is
responsible for ascertaining and acquainting itself with such taxes and making all necessary arrangements to pay
them. The Contractor will maintain records that are auditable records, and these records shall be subject to the
City’s review to verify that Contractor’s tax payments are current at all times.
The Contract Price shall include full compensation for all taxes, which the Contractor is required to pay, whether
imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax
exemption certificate or any document designed to exempt the Contractor from payment of any tax will be furnished
to the Contractor by the City, as to any tax on labor, services, materials, transportation, or any other items furnished
pursuant to the Agreement.
The Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether Federal, State or
local, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter
may be required to be paid or withheld under any laws.
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SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY
7-01. Personal Liability. Neither the City’s Council members, City Manager, Officers, Agents, Representatives,
nor Employees shall be personally responsible for any liability arising under or by virtue of this Agreement.
7-02. Authority of the Engineer. The City has the final authority in all matters affecting the Work covered by the
Contract Documents.
With respect to Contractor’s performance of the Work, the Engineer shall have the authority to enforce compliance
with the Contract Documents. In accordance with the Contract Documents, the Contractor shall promptly comply
with all instructions from the Engineer, and the Engineer shall have the authority to enforce and make effective such
decisions and orders in the even the Contractor fails to promptly carry out the same.
The Engineer’s estimate and decision in all matters shall be final and binding, and shall be a condition precedent to
any payment under the Contract Documents.
7-03. Inspection. The City and all of its representatives, including but not limited to the Engineer, shall at all times
have safe access to the Work and shall be furnished with every reasonable facility for ascertaining that the
workmanship and materials are in accordance with the requirements and intentions of the Contract Documents. All
Work done and all materials furnished shall be subject to the Engineer’s on-site and off-site observation.
Contractor shall give notice not less than three (3) working days in advance of the beginning of the work on any
such material or of the beginning of any such test to allow the Engineer to make arrangements for inspecting and
testing or witnessing the inspection or testing, if such inspection and testing or witnessing are deemed beneficial by
the Engineer or are required by the Contract. The observation and/or approvals of the workmanship or materials by
the Engineer shall not relieve the Contractor of any obligation to fulfill the requirements of the Contract documents.
Workmanship and materials not meeting such requirements shall be corrected, and unsuitable Work or material
may be rejected, notwithstanding that such Work or materials have been previously observed and/or approved by
the City, or that payment therefor has been included in a progress estimate.
If the Engineer considers it proper and practicable, the Engineer will, at the written request of Contractor, cause
materials intended for use in the Work to be inspected at the point of production or manufacture. The Engineer may
at any time cause such an inspection, however, it will not be undertaken until the Engineer is assured of the
cooperation and assistance of both Contractor and the material producer. The Engineer or the Engineer’s
authorized representative(s) will have free entry at all times to such parts of the plant as concerns the manufacture
or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary
inspection. Notwithstanding the foregoing, the City shall have no obligation to inspect materials at the source of
supply.
Unless authorized by the Engineer, any work done in the absence of an Inspector that is completed or in progress
shall be subject to inspection. If required by the Engineer, Contractor shall furnish all tools, labor, materials, and
other facilities necessary to make such inspection, even to the extent of uncovering or taking down portions of the
finished work. Contractor shall pay the cost of such inspection and removing any defective work and performing any
necessary reconstruction.
The Engineer may order re-examination of questioned Work at any time before final Acceptance. If so ordered,
the Contractor shall uncover the Work. If such work is found to be in accordance with the Contract Documents,
the City will pay for the cost of uncovering, removing, recovering and replacing the parts removed; but if such
Work so exposed or examined is not in accordance with the Contract Documents, the uncovering, removal,
recovering and replacement shall be at the Contractor's expense. Work that has been covered prior to
observation by the City, does not qualify as re-examined work; the City may order such work uncovered for
observation without payment of any costs.
7-04. Rights-of-Way. To the extent indicated in the Contract Plans, the City will provide the rights-of-way over
private lands or the site to enable the Contractor to perform its work. Contractor shall be solely responsible for
securing any additional rights-of-way desired by the Contractor. The City will not be a party to nor assume any
liability for any separate agreements reached between Contractor and any third parties with respect to these
additional rights-of-way. The Contractor shall produce evidence that agreements are in place with said third parties
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before the Contractor uses those areas covered by the agreements. Any damage to such private lands caused by
Contractor’s operations shall be the sole responsibility of Contractor.
7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall
prove defective and not in accordance with the Contract Documents, and if the defect is not of sufficient magnitude
or importance to make the Work or any portion of the Work dangerous or undesirable, the Engineer may, but is not
obligated to, retain such work instead of requiring the work to be removed and reconstructed. The Engineer may
make such deduction from the payments due or to become due the Contractor as may be determined appropriate
by the Engineer to account for the defect or pay the City’s costs of removal and reconstruction.
7-06. Changes in the Work. The City, without invalidating this Agreement and without notice to Contractor's
surety, may order changes in the Work, consisting of additions, deletions, or other revisions. The Contract Price
and the Contract Time shall be adjusted accordingly. All such changes in the Work, including changes in the
Contract Price and the Contract Time, shall be authorized only by Contract Change Order, signed by the City. If
Contractor claims that performance of any work entitles it to additional compensation or to an extension of the time
for performance of the Work, Contractor shall provide written notice to the City of any such claim prior to
undertaking such work. Contractor shall provide written notice of any anticipated impacts to the Contract Price or
Contract Time within three (3) days of discovering such impact, by submitting the Notice of Potential Claim
described in Section 11-02, below, or notice of delay as described in Section 9-02, below. If the City refuses to
issue a Change Order for such work, Contractor shall perform that work if directed or obligated to do so and shall
submit a complete and specific claim for additional compensation and/or extension of the time for performance
within fifteen (15) days after such work is performed. Failure to provide written notice of claim prior to undertaking
such work, or failure to submit timely a complete and specific claim for additional compensation and/or extension of
the time for performance, shall be deemed a waiver and abandonment of any such claim. No claim, dispute or
controversy shall interfere with the progress or performance of the Work and Contractor shall proceed with the
Work as directed by the City. Failure to so proceed shall amount to a default under this Agreement.
Any changes will be set forth in a written Contract Change Order issued by the City. The Contract Change Order
will specify:
(1) the Work to be done in connection with the change to be made;
(2) the amount, if any, of the adjustment of the Contract Price, and the basis for compensation for the
changed work ordered; and
(3) The extent of the adjustment in the Contract Time, if any.
A Contract Change Order shall not become effective until an authorized representative of the City has signed it.
Upon receipt of an approved Contract Change Order, the Contractor shall promptly proceed with the ordered work,
unless otherwise provided in the approved Contract Change Order, or unless Contractor was previously directed to
perform the work, in which case Contractor will track the work as provided in the Section 10-09 below.
A Contract Change Order signed by both parties is an “executed Contract Change Order.” By signing the Contract
Change Order, the Contractor agrees that the specified compensation constitutes full compensation for the
changed Work, including payment for interruption, disruption, acceleration, extended overhead, delay or any other
"impact" claim or "ripple effect" claim. Contractor specifically understands and agrees that its execution of the
Contract Change Order shall constitute a waiver of any right for Contractor to claim any additional compensation
with respect to the subject matter of the Contract Change Order.
Adjustments to the Contract Price shall be determined as provided for in section 10-08 of these Special Provisions
and Adjustments to the Contract Time shall be determined as provided in Section 9-02 of these Special Provisions.
Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is
necessarily affected by such alterations and is clearly the evident intention of the parties to this contract.
7-07. Differing Site Conditions. No later than twenty-four (24) hours of discovery of any purported differing site
conditions and before such conditions are disturbed, the Contractor shall notify the City in writing of: (1) material
that the Contractor believes may be hazardous waste, as defined in California Health and Safety Code Section
25117, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of
existing law, (2) subsurface or latent physical conditions at the site differing materially from information made
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available to the Contractor before the submission of its bid, or (3) unknown physical conditions at the site, of an
unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work
of the character provided for in this Agreement.
In the event conditions as described in (1), (2) or (3) above are discovered, the Contractor shall continue to
diligently prosecute the work in the other portions of the site not affected by such conditions. The Contractor shall
also use its best efforts to prevent and/or minimize delays or disruptions to the affected portions of the work.
The City will promptly investigate the purported differing site conditions. If the City finds that such conditions do
materially differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance
of any part of the Work under this Agreement, an equitable adjustment shall be made and the Agreement will be
modified in accordance with the Change Order procedures set forth herein. In the event of any dispute between the
City and the Contractor over the significance or existence of the changed conditions, the Contractor shall not be
excused from the scheduled completion date set forth herein, but shall retain such rights as provided elsewhere in
these Contract Documents.
No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required by
this Section. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after
final payment under this Agreement.
7-08. Additional Drawings by City. In addition to these drawings made part of this Contract at the time of
execution, but incorporation or reference, the Engineer may furnish such additional drawings from time to time
during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special
Provisions, Contract Drawings, or other Contract Documents and the Contractor shall make its work conform to all
such drawings.
7-09. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not
taken sufficient precautions for the safety of the public or the protection of the Work, or of adjacent structures or
property and immediate action is necessary in order to protect the public, any person or any property or property
interest (“emergency work”), the Engineer, with or without notice to the Contractor may, but is not obligated to, take
such action to obtain or provide for such work or material as the Engineer may consider necessary and adequate to
furnish such protection.
The City’s cost to perform, obtain or provide such action, work and material so furnished shall be paid by the
Contractor and may be deducted by the City from any payment due or to become due to the Contractor.
The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor
from its responsibility or liability for any damages which may occur during or after any actions have been taken by
the Engineer.
7-10. Suspension of the Work. If the Contractor fails to promptly correct Work that is not in accordance with the
requirements of the Contract Documents or persistently fails to carry out Work in accordance with the Contract
Documents, the City may, in writing, order the Contractor to stop the Work, or any portion thereof, until the cause
for such order has been eliminated. The Contractor shall immediately comply with the City’s written order to stop
the Work. Contractor shall resume Work as and when ordered to do so by the City. Any stoppage of the Work
under this section shall be at Contractor’s expense, and Contractor shall have no claim against the City based on
Contractor’s failure to perform the Work in accordance with the Contract Documents.
In addition to the City’s right to stop Work, the City may order Contractor to submit to the City, at no additional cost
to the City, additional information concerning Contractor’s planned Work if Contractor fails to promptly correct Work
that is not in accordance with the requirements of the Contract Documents or persistently fails to carry out Work in
accordance with the Contract Documents. The additional information ordered by the City may include, but is not
limited to, preparation of submittals or Working Drawings not otherwise required to be submitted under the Contract
Documents.
In the event the City discovers that the Contractor has created an unsafe condition, the City may arrange for other
work forces to remedy the condition. (Such remedial Work will be at the sole discretion of the City.) If this action is
required, the City may unilaterally terminate Work under the Agreement, and will pay only for the quantities of Work
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actually performed, less the cost of the City’s remedial Work. In the event that Work is not halted, the Contractor
must take immediate steps to correct the situation. There will be no extra payment for Work required to correct
unsafe conditions.
The right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the
benefit of the Contractor or any other person or entity. This right shall be in addition to and not in restriction or
derogation of the City’s other rights under the Contract Documents. The City’s right to stop the Work shall not
relieve the Contractor of any of its responsibilities under or pursuant to the Contract Documents.
7-11. Termination of the Contract for Cause.
An “Event of Default” as referred to in this section shall occur if the Contractor:
1. Fails to maintain progress of the Work in accordance with the requirements of the Contract
Documents; or
2. Fails to prosecute the Work or any of its components in accordance with the Contract Documents;
or
3. Persistently or repeatedly fails or refuses to supply sufficient properly skilled workers or proper
material to permit the performance of the Work in accordance with the Contract Documents; or
4. Fails to make prompt payment to Subcontractors or Suppliers in accordance with the respective
agreements between the Contractor and Subcontractor and Contractor and Supplier; or
5. Fails to comply with applicable laws, ordinances or rules, regulations or orders of a public authority
having jurisdiction over the Work; or
6. Abandons, assigns or sublets the Agreement without approval of the City; or
7. Becomes bankrupt or is subject to appointment of a receiver on behalf of Contractor; or
8. Otherwise is guilty of a substantial breach of a provision of the Contract Documents.
Upon the City’s reasonable belief that there has been an Event of Default by Contractor, the City may elect to give
the Contractor written notice thereof. The Contractor thereafter shall cure the default as soon as possible and in no
event after ten (10) days from Contractor’s receipt of the City’s written notice.
If the Contractor does not timely cure its default, the City may, without waiver of any of its other rights and
remedies, elect to terminate the Agreement, or portion thereof.
Upon the City's election to terminate the Agreement, or portion thereof, the City shall have the right to complete the
Work, or the portion involved, by whatever means and methods it deems expedient, including the hiring of others on
such terms as the City deems advisable. The City shall have the right to take possession of the Contractor's
materials, plant, tools, equipment and property of any kind provided by or on behalf of the Contractor for the
purpose of the Work, or a portion of them, without being responsible to the Contractor for fair wear and tear. The
Contractor shall have no rights in such property during its use by the City. The City shall not be required to obtain
the lowest prices for completing the Work or a portion of it but shall make such expenditures as, in the City's sole
judgment, best accomplish such completion.
The expense of completing such Work or portion thereof, together with a reasonable charge for engineering,
managerial and administrative services, as certified by the City, shall be charged to the Contractor, and the
expense so charged shall be deducted by the City out of such monies as may be due or may at any time thereafter
become due to the Contractor. In case such expense is more than the sum which otherwise would have been
payable to the Contractor under the Agreement, then the Contractor or its surety or sureties shall promptly pay the
amount of such excess so due. When the City terminates the Agreement under this section, the Contractor shall not
be entitled to receive any further payments until the Work is completed and there has been a final settlement of
costs of completing the Work covered by such notice of default.
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The City will issue to the Contractor a written notice specifying that the Agreement, or portion thereof, is terminated.
Upon receipt of said written notice and, except as otherwise directed in writing by the City, the Contractor shall:
1. Stop all Work under the Agreement; or if partial termination, stop Work relating to the terminated
portion of the Agreement;
2. Perform Work the City deems necessary to secure the work site for termination including
measures to leave the worksite in a safe condition.
3. Remove equipment from the site of Work, as specified by the City.
4. Take such action as is reasonably necessary to protect materials from damage.
5. Notify all Subcontractors and Suppliers that the Agreement or portion thereof is being terminated
and that their contracts or orders are not to be further performed unless otherwise authorized in
writing by the City.
6. Provide the City with an inventory list of all materials previously produced, purchased or ordered
from suppliers for use in the Work and not yet used in the Work, including its storage location, and
such other information as the City may request;
7. Dispose of materials not used in the Work as directed by the Engineer. It shall be the Contractor's
responsibility to provide the City (a) with good title to all materials purchased by the City
hereunder, including materials for which partial payment has been made by the City and (b) with
bills of sale or other documents of title for such materials;
8. Subject to the prior written approval of the City, settle all outstanding liabilities and all claims
arising out of Subcontracts or orders for materials terminated hereunder. To the extent directed by
the City, the Contractor shall assign to the City all rights, title and interests of the Contractor under
subcontracts or orders for materials terminated hereunder. The City shall be at liberty to negotiate
with and engage any Subcontractors who had contracted with Contractor for the Work.
9. Furnish the City with the documentation required to be furnished by the Contractor under the
provisions of the Contract Documents, including, on projects as to which federal funds are
involved, all documentation required under the federal requirements included in the Agreement;
and
10. Take such other actions as the City may direct.
If only a portion of the Work has been terminated, Contractor shall perform the remainder of the Work in conformity
with the Contract Documents and in such a manner as not to interfere with the City or others in their performance
and completion of the portion of the Work which was terminated.
The City may recover from Contractor the amount of any loss or damage, including consequential damages,
suffered or incurred as a result of Contractor’s default.
7-12. Termination for Convenience of the City. The City may terminate the Agreement, in whole or in part, at any
time and for any reason, whenever the City shall determine that such termination is in the best interests of the City.
Any termination which is not based on the circumstances set forth in Section 7-10 above shall be effected by
delivery to the Contractor of a notice of termination specifying the extent to which performance of Work under the
Agreement is terminated, and the date upon which such termination becomes effective. In such event, Contractor
shall be paid for all actual substantiated direct costs of materials furnished and Work performed up to the date of
termination plus the markup allowed on labor, equipment, and materials as provided in the Force Account
Provisions, herein.
Upon Contractor's receipt of a written notice of termination for convenience, the Contractor shall cease Work as to
those portions of the project so terminated and shall undertake the steps outlined in Section 7-10 above.
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In the event that the City terminates this Agreement under Section 7-10 above and it is determined for any reason
that there was not sufficient cause to do so, the City's termination automatically will convert to a termination for
convenience under this Section and the terms and conditions outlined in this Section automatically will be applied to
effectuate the Agreement termination. Thus, damages to which a Contractor may be entitled as a result of an
improper default termination will be limited to the amounts provided for in this section.
SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT
8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved.
Work shall be done and completed in a thorough and workmanlike manner.
8-02. Materials and Equipment Specified by Name. For convenience in designation in the Contract Documents,
certain articles or materials to be incorporated in the Work may be designated under a trade name or the name of a
manufacturer and its catalog information. Except in those instances where the product is designated to match
others in use in a particular improvement, either completed or in the course of completion, the use of an alternative
article or material which is of equal quality and of the required characteristics for the purpose intended will be
permitted, subject to the following requirements:
1. The Contractor shall submit its request in writing for an alternative article or material. Such request shall
be made in ample time to permit review and approval without delaying the Work. Contractor shall not be
entitled to an adjustment of the Contract Time or an increase in the Contract Price based on any
Contractor-proposed substitution.
2. No such request will be considered unless accompanied by complete information and descriptive data
necessary to determine whether the offered materials, articles, or equipment is equal to the specification in
the Contract Documents. Samples shall be provided when requested by the City. The Contractor shall
satisfy the City as to the equal quality, suitability or performance of the offered materials, articles or
equipment. In the event that the City rejects the use of such alternative materials, articles or equipment,
then one of the particular products designated by brand name will be furnished.
3. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, and it
shall furnish all information necessary as required by the City. The City shall be the sole judge as to
the quality and suitability of alternative articles or materials and its decisions shall be final. Where use
of an alternative material involves redesign of, or changes to, other parts of the Work, the cost and the
time required to effect such redesign or changes will be considered in evaluating the suitability of the
alternative material. Cost of redesign by the City will be borne by the Contractor.
4. Whenever classification, rating or other certification by a body such as UL or NEMA is a part of the
specification for any material, Contractor’s request for use of alternative articles or materials shall be
accompanied by reports from the listed or equivalent independent testing laboratory indicating
compliance with the Contract Documents. The cost of all testing required to prove equality of the
material proposed shall be borne by the Contractor. Approval of an alternative shall be only for the
characteristics or use named in such approval, and shall not be used to change or modify any
requirement of the Contract Documents.
8-03. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for
supplies grown, manufactured or produced in the State of California and, next, for such products partially produced
in this State in accordance with Government Code Section 4332.
The Engineer may require Contractor to provide information on the source of supply of materials for the Work and
may require that the Engineer’s approval be obtained prior to Contractor securing any or all materials. The Engineer
may require Contractor to submit representative samples of materials for inspection and testing by City.
Even though a source of supply has been approved, the approval shall not prevent subsequent disapproval or
rejection of materials, if the quality of the product or material is later determined to be below the standard or
requirements set by any of the Contract Documents
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8-04. Storage of Materials. All Materials shall be delivered, stored, and handled in a manner that protects them
from damage, moisture, dirt, and intrusion of foreign materials. Ordering and delivery of materials should be
planned according to the work progress to minimize storage on site, where there are higher possibilities of damages
and deterioration of materials. Materials delivered should be checked against the specifications and approved
samples.
8-05. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall
submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings
to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of the
Contract Documents. If the information thus submitted indicates the equipment or materials is acceptable, the
Engineer will return one copy stamped with the Engineer’s approval; otherwise, one copy will be returned with an
explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or
for extension of time on account of any delay due to the revision of drawings or rejection of material.
Contractor’s Working Drawings shall be subject to approval insofar as the details affect the character of the finished
Work and for compliance with design requirements applicable to the construction when specified or called for, but
details of the design will be left to the Contractor who shall be responsible for the successful construction of the
Work. The Engineer shall approve working Drawings before any Work involving such drawings is performed. It is
expressly understood that approval of the Working Drawings shall not relieve the Contractor of any of its
responsibility under the Agreement of its obligations under the Contract Documents.
When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in
connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such
quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with
information as to their sources.
All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or
examination before the time at which it is desired to incorporate the material into the work. All tests of materials
furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever
necessary to determine the quality of the material.
SECTION 9. PROSECUTION OF WORK
9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools,
machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything
described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any
part of the Contractor's plant or equipment, or any of its methods of execution of the Work, appear to the Engineer
to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, the
Engineer may order the Contractor to increase or improve its facilities or methods and the Contractor shall comply
promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders
shall relieve the Contractor from its obligation to secure the degree of safety, the quality of the work and the rate of
progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and
efficiency of its plant, equipment and methods.
9-02. Beginning of Work. After execution of the Agreement by both parties, the City will issue a Notice to Proceed
upon its determination that it is appropriate for the Contract Time to commence.
Within fifteen (15) days after the effective date contained in the Notice to Proceed, and subject to the requirements
stated elsewhere in the Contract Documents regarding, among other things, the submittal of a Construction
Schedule, the Contractor shall commence Work at the site and shall diligently and prosecute the Work to final
completion within the time limit provided in the Contract Documents. Contractor shall also achieve any and all
Agreement milestones as described elsewhere in the Contract Documents.
The Contractor shall notify the City, in writing, of its intent to begin Work at the site.
9-03. Delays and Extensions to the Work. Contractor must complete all Work within the time specified in the
Agreement. The Contractor will be granted an extension of time and will not be assessed with liquidated damages
or the cost of engineering and inspection for any delay in substantially completing the Work (or parts thereof)
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beyond the time set forth in the Agreement, provided that such delay was caused by unforeseeable causes beyond
the control and without the fault or negligence of the Contractor. Examples of such causes include acts of public
enemy, fire, floods, abnormal weather (as described below), tidal waves, earthquakes, epidemics, quarantine
restrictions, strikes, labor disputes and freight embargoes, fire, changes made pursuant to the provisions of
“Changes in Work” elsewhere in the Contract Documents or acts or neglect of the City not contemplated by the
Contract Documents. In all cases, any extension of time is conditioned on the following:
1. That the cause is not due to the fault or negligence of the Contractor, and the Contractor has taken
reasonable precautions to prevent the delays and minimize the effects thereof; and
2. That the Contractor notifies the Engineer in writing within three (3) days from the beginning of
such delay specifying the nature of the delay and the measures that have been or will be taken to
prevent or minimize the delay. Failure to submit written notice within this time period shall
constitute an absolute waiver of any claim for a time extension.
No extension of time will be granted for a delay caused by a shortage of materials, unless the Contractor furnishes
to the City documentary proof that he has diligently made every effort to obtain such materials from all known
sources within reasonable reach of the work and further proof, in the form of schedule data as requested by the
Engineer or as otherwise required by the Technical Specifications, that the inability to obtain such materials when
originally planned did in fact cause a delay in final completion of the entire Work which could not be compensated
for by revising the sequence of the Contractor’s operations. Only the physical shortage of material will be
considered as a cause for extension of time, and no consideration will be given to any claim that material could not
be obtained at a reasonable, practical or economical cost or price, unless it is shown to the satisfaction of the city
that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking
into account the quantities involved and the usual practices in obtaining such quantities.
The term “shortage of materials,” as used in this section, shall apply only to materials, articles, parts or equipment
which are standard items and shall not apply to materials, parts, articles or equipment which are processed, made,
constructed, fabricated or manufactured to meet the specific requirements of the Contract Documents or to
materials, parts, articles or equipment furnished by the City.
No extensions of time will be granted for delays that have no measurable impact on the completion of the Work (or
parts thereof) under the Contract Documents. When extensions of time are granted, they will be limited to the
period equivalent to the actual number of days lost on the critical path or controlling operations of the Construction
Schedule, taking into account the extent to which that delay could be decreased by reasonable mitigation measures
by the Contractor. All requests for extensions of time must be supported with a critical path analysis showing the
critical path and impacts to it. Contractor’s failure to submit this analysis will be sufficient cause for denial of any
request for a time extension.
Within a reasonable period of time after the Contractor submits the notice and information required by this section,
the City will determine whether an extension of time is justified and, if so, the number of days for the extension.
Abnormal weather may be a valid basis for a time extension under the Agreement. “Abnormal weather” occurs
when the number of days of rain above 0.5 inches in a 24 hour period exceeds the average for such rainfall in a
particular month as determined by the National Weather Service. Contractor will only be entitled to, at most, a time
extension for the number of days of rain exceeding the average for that month in the locale where the Work is to be
performed. If delays are caused by Contractor or those for whom Contractor is responsible, Contractor will only be
entitled to, at most, a time extension for the number of rain days exceeding the average for the month when the
Work should have been performed.
In addition, before a time extension may be granted for abnormal weather, Contractor must establish that the rain
either significantly impacted at least sixty percent (60%) of the planned work of the controlling operations for a
particular day or prohibited at least five (5) hours of work on the controlling operations planned for that day.
Contractor shall employ reasonable methods to mitigate the impact of abnormal weather (i.e., dewatering,
protection of site, etc.) The occurrence of rain during non-work hours or having minimal impact to work on the
controlling operation shall not constitute a day of abnormal weather.
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In the event that the project experiences favorable weather for a particular month (e.g., a number of actual rain days
in a month less than that indicated in the above table for allowable rain days per month), the additional float
resulting from such favorable weather shall accrue to the project.
9-04. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7
a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and
protection of work already performed, or except in cases of absolute necessity and in any case only with the
permission of the Engineer.
It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she
first obtains the written permission of the Engineer and that such permission may be revoked at any time by the
Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to
justify inspection of the work.
SECTION 10. PAYMENT
10-01. Schedule of Values. Within ten (10) days after the bid opening, but in any event prior to execution of the
Agreement, the Contractor shall submit to the City a detailed Schedule of Values.
Upon its approval, the Schedule of Values will form a basis for determining the compensation payable to the
Contractor based on its actual progress of Work with respect to each Lump Sum Bid Item. The City, prior to any
progress payment being made, must approve the Schedule of Values.
At the Engineer’s discretion, the approved Schedule of Values may be used as the basis of calculating the
adjustment in compensation for a Lump Sum Bid Item due to changes ordered by the City. When an ordered
change increases or decreases the quantities shown in an approved Schedule of Values, at the Engineer’s
discretion, the adjustment in compensation may be determined in the same manner specified for increases and
decreases in the quantity of a bid item of work in accordance with Section 10-08(2).
10-02. Progress Payments. On a monthly basis, the Contractor shall submit Applications for Payment in a form
approved by the City. The Contractor’s Applications shall be based on the Schedule of Values submitted with the
Contractor’s bid. These applications shall be supported by (1) documentation requested by the City to substantiate
the payment request; (2) statutory releases from the Contractor and all subcontractors and suppliers pursuant to
Civil Code section 8132 through 8138; and (3) certified payroll records for the period for which payment is
requested. Specifically, the Contractor will submit conditional waivers upon progress payment executed by all
contractors and suppliers that will be receiving sums sought in the instant payment request and also submit
unconditional waivers upon progress payment executed by all contractors and suppliers that have been paid to the
date of het payment request. The Contractor shall certify that the Work for which payment is requested has been
accomplished. When requested by the City, the Contractor shall submit receipts, invoices and other documentation
that the City requires to be furnished for the purpose of evaluating the application.
Pursuant to Public Contract Code Section 20104.50, the city will pay the Contractor within thirty (3) days after its
receipt of an undisputed and properly submitted Application for Payment, after deducting all previous payments,
retention, and other sums as described in the Contract Documents. Within seven (7) days of its receipt of
Contractor’s Application for Payment, the City will determine whether it complies with the provisions of the Contract
Documents. As appropriate, the City will return the application to the Contractor accompanied by a document
prepared by the City setting forth the reasons for rejection. Thereafter, the Contractor shall correct and resubmit
the Application for Payment. The City’s failure to timely return the application shall not be considered a breach of
the Agreement.
Progress payments may be withheld for Work that is not performed in accordance with the Contract Documents.
The City may deduct the following from each progress payment:
1. An amount equal to one hundred percent (100%) of the amount claims under any stop payment
notice or other lien filed against the Contractor, plus an amount to provide for the reasonable cost
of litigation thereunder;
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2. Any liquidated damages or assessments that have accrued as of the date of het application for
payment.
3. Any sums expended by the City in performing any of the Contractor’s obligations under the
Agreement that the Contractor has failed to perform.
4. Any other sums that the City is entitled to recover from the Contractor under the terms of the
Agreement, including damages to the City’s property.
The failure of the City to deduct any of the above identified sums from a progress payment shall not constitute a
waiver of the City’s right to such sums.
The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the
Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work
satisfactorily performed and complete in place.
10-03. Retention on Progress Payments. From each progress payment estimate, five percent (5%) will be
deducted and held in retention by the City, the remainder less any deductions described above will be paid to the
Contractor as progress payments.
Pursuant to Pubic Contract Code Section 22300, the Contractor submit securities in lieu of retention payments by
the City. Upon the Contractor’s request, the City will make payment of funds withheld from progress payments,
pursuant to the requirements of Public Contract Code 22300, if the Contractor deposits in escrow with the City or a
bank acceptable to the City, securities eligible for investment under California Government Code section 16430,
bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit,
or any other security mutually agreed to by Contractor and the City under the following conditions:
1. The Contractor shall bear the expenses of the City and the escrow agent in connection
with the escrow deposit made.
2. Securities or certificates of deposit to be placed in escrow shall be of a value at least
equivalent to the amounts of retention to be paid to the Contractor pursuant to this section
3. The Contractor shall enter into an escrow agreement satisfactory to the City, which
agreement shall be substantially similar to the form provided in California Public Contract
Code Section 22300.
4. The Contractor shall obtain the written consent of the surety to such agreement.
10.04. Title. Title to Work for which progress or other payments have been made shall pass to the City at the time
of payment. To the extent that title has not previously been vested in the City by reason of progress payments, full
title shall pass to the City at time of delivery or completion of the Work. Work to which the City has received title by
reason of progress payments shall be segregated from other Contractor and/or Subcontractor materials related to
the Work and clearly identified as the City property.
The title transferred as above shall in each case be good and free and clear from any and all security interests,
liens, and/or other encumbrances. The Contractor shall not pledge or otherwise encumber any item in any manner
that would result in any lien, security interest, charge, and/or claim against said items.
The transfer of title as specified above shall not be deemed as an acceptance of the Work by the City, nor relieve
the Contractor from its obligation to perform the Work in accordance with the Contract Documents. Contractor shall
still be obligated to protect the work from damage until the City’s acceptance of work.
10-05. Final Inspection and Acceptance of the Work. The work must be accepted by vote of the City Council of
the City of Ukiah when the whole shall have been completed satisfactorily.
When the Contractor believes that the entire Work is fully and finally complete, including the satisfactory completion
of inspections, tests, and documentation specified in the Contract Documents, and the completion of all punch list
and clean up items, the Contractor shall submit to the Engineer a written request for Final Acceptance within fifteen
(15) days thereafter, specifying that the Work is fully and finally completed and the date on which it was completed.
Within thirty (30) days after receipt of the request for Final Acceptance, the City will inspect the Work and will either:
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1. Reject the request for Final Acceptance, specifying the defective and/or uncompleted portions of
the Work; or
2. Advise the Contractor that Acceptance of the project will be recommended to the City Council at
the next available regularly scheduled City Council meeting and provide the Contractor with a
Notice of Final Acceptance after acceptance by the City Council.
If the City rejects the request for Final Acceptance, the Contractor shall promptly remedy the defective and/or
uncompleted portions of het Work. Thereafter, the Contractor shall again submit a written request for Final
Acceptance of the Work, specifying a new date based on the date the defective and/or uncompleted portions of the
Work were corrected. Thereafter, the foregoing procedure shall apply successively until the City has verified that
the Work is fully and finally completed and the City Council has accepted the project as complete. Immediately
upon and after notification from the Engineer that the City shall be recommending Acceptance of the project, the
Contractor will be relieved of the duty of maintaining the Work as a whole. Upon Acceptance by the City Council,
the City will issue a Notice of Final Acceptance to the Contractor.
All warranties commence upon Final Acceptance of the Work.
The City’s Final Acceptance of the Work shall not be construed as an Acceptance by the City of any latent defects
discovered with the Contractor’s Work. Furthermore, the Contractor’s obligations under Section 6-05
(Indemnification) shall remain applicable after the City’s grant of Final Acceptance of the Work.
10-06. Final Payment and Claims. Final payment will be made only after the Contractor has achieved Final
Completion of the Work pursuant to Section 10-04 (Final Inspection and Acceptance of the Work).
Before final payment can be made, the Contractor shall have furnished the City with the following:
1. All As-Built drawings, catalogues, instruction sheets and information as required by the Contract
Documents.
2. One signed copy of the Release as discussed below in this section and on a form furnished by the
City.
3. Conditional Waivers and Releases Upon Final Payment executed by the Contractor and all
subcontractors and suppliers, as provided by Civil Code section 8136. Unconditional Waivers and
Releases upon Final Payment, as provided in Civil Code section 8138, executed by Contractor
and all subcontractors and suppliers, will be provided for all subcontractors and suppliers that have
been paid in full. Contractor will submit such releases for subcontractors and suppliers that will be
receiving part of the final payment within fifteen (15) days of receipt of such final payment.
Within thirty (30) days of the date of the City’s Notice of Final Acceptance, the Contractor shall prepare and submit
a proposed Final Invoice, showing the proposed total amount due the Contractor, segregated by Bid item quantities,
Change Order Work, and other basis for payments; deductions made or to be made for prior payment; and amounts
previously retained. Prior invoices and payments shall be subject to correction in the proposed Invoice for Final
Payment. Payments to the Contractor will be made only for the actual quantities of the Agreement items of work
constructed in accordance with the Contract Documents.
Submitted with Contractor’s proposed Final Invoice shall be its final documentation with respect to any claims that
the Contractor has elected to continue to pursue; if there are no such claims, Contractor shall include a statement
that there are no outstanding claims regarding the Work. Contractor will have no right to pursue any claim unless
Contractor has fully complied with the conditions for notice and submission of such claims as in these Contract
Documents.
The City will review the Contractor’s proposed Final Invoice and necessary changes or corrections will be forwarded
to the Contractor. Within ten (10) days thereafter, the Contractor shall submit a revised proposed Final Invoice
incorporating changes or corrections made by the City together with any new claims resulting therefrom. Upon
approval by the City, the corrected proposed Final Invoice will become the approved Final Invoice.
If no claims are submitted with the proposed Final Invoice, and agreements are reached on all questions regarding
the proposed Final Invoice, the City in exchange for an executed release, satisfactory in form and substance to the
City as provided below, will pay the entire sum found due on the approved application. However, the City will
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withhold sums sufficient to pay all unsettled claims for which stop payment notices have been filed pursuant to
Sections 9350 et seq. of the California Civil Code, together with the reasonable cost of any litigation thereunder.
If the Contractor does submit claims with the proposed Final Invoice, then upon final determination of all the
Contractor’s claims, the City will pay the entire sum found due upon the final invoice, including the amount, if any,
allowed on claims, except that the City will withhold sums sufficient to pay all unsettled claims for which stop
payment notices have been filed pursuant to Sections 9350 et seq. of the California Civil Code, together with the
reasonable cost of any litigation thereunder.
Claims filed by the Contractor shall be fully supported and made in sufficient detail to enable the City to ascertain
whether the basis and amount of said claims are valid. If additional information or details are required by the City to
determine the validity of the claims, Contractor shall furnish such further information or details so that the City
receives the information or details no later than seven (7) days after receipt of the written request from the City.
Failure to submit such information and details to the City within the time specified will be sufficient cause for
denying the claim.
Contractor shall maintain and submit full and complete records of the costs and additional time incurred for the work
for which a claim for additional compensation is made. The City or its designated claim investigator shall have
access to any additional records as may be required by the City to determine the facts and contentions involved in
the claims. Failure to permit access shall be sufficient cause for denying the claims.
A notarized certificate indicating the following language shall accompany claims submitted by the Contractor:
Under the penalty of perjury or falsification and with specific reference to the
California False Claims Act, Government Code Section 12650 et seq., the
undersigned hereby certifies that the claim submitted herewith for additional
compensation and time, if any, made with respect to the Work on this Agreement
is a true and accurate statement of the actual costs incurred and time sought, and
is fully documented and supported under the Agreement between Contractor and
the City.
__________________________________________________________
Name
__________________________________________________________
Title
__________________________________________________________
Date
__________________________________________________________
Notary
Failure to submit the notarized certificate will be sufficient cause for denying the claim.
Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the
Contractor’s cost accounting or other records shall be deemed to be damages incurred by the City and shall be to
the extent allowed under the California False Claims Act or other applicable law.
The release from the Contractor shall be from any and all claims arising from the Work under and in connection with
the Agreement and shall release and waive any claims against the City. The release shall be accompanied by a
certification by the Contractor.
1. That it has resolved any claims made by Subcontractors, Suppliers and
other against the Contractor or the Project.
2. That it has no reason to believe that any party has a valid claim against
the Contractor or the Project which has not been communicated in
writing by the Contractor to the City with the certification; and
3. That all warranties and guarantees are in full force and effect. The
release and the certification shall survive Final Payment.
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Final payment will be made within thirty (30) days after receipt of an approved final invoice and other required
submittals referenced above and determination of all Contractor’s claims, or sixty (60) days after Acceptance of the
work by the City, whichever is later, provided, however, that if an approved final invoice has not been submitted
within sixty (60) days after Acceptance of the work by the City, the City may elect to make payment of sums not in
dispute without prejudice to the right of either the City or the Contractor in connection with such disputed sums.
The City may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of any
amount in dispute between the City and the Contractor.
The making of Final Payment shall not operate to release the Contractor or its sureties from obligations arising
under this Agreement, the Contract bonds and warranties as herein provided. Specifically, the making of final
payment shall not constitute a waiver and release of claims by the City arising from:
1. Unsettled or future liens,
2. Failure of the Work to comply with the requirements of the Contract Documents,
3. The terms of any warranties required by or contained in the Contract Documents,
4. The right to any insurance proceeds or the right to make any insurance or bond claims,
5. Any claims with respect to Contractor’s obligation of indemnity with respect to claims
asserted by third parties, or
6. Any latent deficiencies with the Work or Contractor’s fraud.
10-07. Stop Payment Notices. The City will retain and withhold from payment to the Contractor sufficient sums to
cover stop payment notices filed pursuant to sections 9350 et seq. of the California Civil Code, including an amount
to provide for the reasonable cost of any litigation thereunder.
10-08. Contract Price Adjustment. If a Contract Change Order provides for an adjustment to the Contract Price,
the amount of such adjustment shall be determined by one of the following methods, or a combination thereof, as
determined by the City and at its sole discretion:
1. Lump Sum. Contractor and the City may agree on a lump sum amount for the Change
Order. At the City's request, Contractor will provide pricing for the work.
2. Unit Prices. The unit prices set forth in the Contractor’s Bidding Schedule will be utilized
where they are applicable and acceptable to the City. The Contractor’s unit prices shall
remain firm and shall not be subject to adjustment unless and until the actual quantity of
work is increased or decreased by Contract Change Order in an amount greater than 25%
from the estimated quantity indicated for such item.
Unit prices for new items included in the Contract Change Order shall be as mutually
agreed upon or, in the absence of agreement, as determined by the City in the same
manner if the work were to be paid for on a force account basis.
3. Force Account. Where the City and Contractor are unable to agree on lump sum pricing
and if the City does not elect to utilize the unit prices in Contactor's bid, or such unit prices
are not applicable, the changed work will be performed and tracked by Contractor as
Force Account Work as described in Section 10-09. The City will pay for such work
properly attributable to the change in accordance with those Force Account provisions.
4. Eliminated Items. The City reserves the right to delete any bid item of Work in its entirety.
The City makes no representation that any work under a bid item of Work will be
performed, and all work may be subject to a Contract Change Order that deletes such
work. Bid items are distinct and severable from the other bid items, and Contractor shall
not be entitled to any anticipated profit, unabsorbed overhead, or other indirect expense
attributable to the deleted item, except as provided immediately below with regard to force
account mark-ups on the direct and verifiable costs incurred prior to the City’s order that
deletes the work.
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Should any bid item of Work be eliminated in its entirety and not accounted for as
described immediately above and, in the absence of an executed Contract Change Order
covering such elimination, payment will be made to the Contractor for actual direct and
verifiable costs incurred in connection with such eliminated bid item if incurred prior to the
date of notification in writing by the City of such elimination. If acceptable material is
ordered by the Contractor for the eliminated item prior to the date of notification of such
elimination by the City, and if orders for such material cannot be canceled, it will be paid
for at the actual direct and verifiable cost to the Contractor. Actual direct costs shall
include documented vendor shipping fees, supplier restocking fees, if applicable, and
Contractor handling costs directly related to the eliminated item(s). In such case, the
material paid for shall become the property of the City and the actual cost of any further
handling will be paid for by the City. If the material is returnable to the vendor and if the
City so directs, the material shall be returned and the Contractor will be paid for the actual
direct cost of charges made by the vendor for returning the material. The actual direct
cost of handling returned material will also be paid for by the City. The actual direct and
verifiable costs to be paid by City as provided herein will be computed in the same
manner as if the work were to be paid for on a force account basis, including the
application of force account mark-ups to said costs.
10-09. Force Account Payment. When Work performed pursuant to a Change Order is to be paid for on a force
account basis, the Contractor’s labor, materials and equipment used in the performance of such Work shall be
subject to the approval of the City, and the compensation will be determined as set forth below in this section.
The Contractor will be paid the direct costs for labor, materials and equipment used in performing the Work as
hereafter provided.
To the total of the direct costs computed as provided in Sections (1) "Labor," (2) "Materials" and (3) "Equipment
Rental," below, there will be added a markup of fifteen percent (15%) to the cost of labor, ten percent (10%) to the
cost of materials, and five percent (5%) to rented equipment.
The above markups shall constitute full compensation, covering the costs of all supervision, overhead, profit and
any other general expense not specifically designated as a direct cost in Sections (1), (2) and (3) below. The total
payment made as provided above (i.e., direct cost plus applicable markups) shall be deemed to be the actual cost
of such work and shall constitute full compensation therefor. Contractor specifically understands and agrees that
such payment shall include any Contractor costs for interruption, disruption, and acceleration, extended overhead,
Change Order management, delay or other “impact” claim or “ripple effect” claim.
When work paid for on a force account basis is performed by forces other than the Contractor's own forces, the
maximum allowable mark-ups for the subcontractors’ costs shall be fifteen percent (15%) to the cost of labor, ten
percent (10%) to the cost of materials, and five percent (5%) to rented equipment. Contractor will be entitled to an
additional markup of five percent (5%).
(1) Labor. The Contractor will be paid the cost of labor for the workers (including foremen when
authorized by the Engineer), used in the actual and direct performance of the Work. All labor
costs associated with overhead, whether field or home office, are specifically excluded herein, as
those labor costs are covered by the above mark-ups. The cost of labor, whether the employer is
the Contractor, Subcontractor or other forces, will be the sum of the following:
(a) Actual Wages. The actual wages paid shall include any employer payments to or on
behalf of the workers for health and welfare, pension, vacation and similar purposes.
(b) Labor Surcharge. To the actual wages, as defined in Section (a), will be added a labor
surcharge set forth in the County of Sacramento Standard Construction Specifications
that are in effect on the date upon which the work is accomplished. Said labor surcharge
shall constitute full compensation for all payments imposed by State and Federal laws and
for all other payments made to, or on behalf of, the workers, other than actual wages as
defined in Section (a) and subsistence and travel allowance as specified in Section (c).
Labor rates submitted for work under time and materials shall include the labor surcharge
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(c) Subsistence and Travel Allowance. The actual subsistence and travel allowance paid to
such workers. No mark up will be allowed on subsistence and travel expense.
(2) Materials. The City reserves the right to furnish such materials as it deems advisable, and the
Contractor shall have no claims for costs and markup on such materials. Only materials furnished
by the Contractor and necessarily used in the performance of the Work will be paid for. The cost
of such materials will be the cost to the purchaser, whether Contractor, Subcontractor or other
forces, from the Supplier thereof, except to the extent that the following are applicable:
(a) If a cash or trade discount by the actual Supplier is offered or available to the purchaser, it
shall be credited to the City notwithstanding the fact that such discount may not have
been taken.
(b) If materials are procured by the purchaser by any method which is not a direct purchase
from and a direct billing by the actual Supplier to such purchaser, the cost of such
materials shall be deemed to be the price paid to the actual supplier plus the actual costs,
if any, incurred in the handling of such materials.
(c) If the materials are obtained from a supply or source owned wholly or in part by the
purchaser, the cost of such materials shall not exceed the price paid by the purchaser for
similar materials furnished from said source on Bid items or the current wholesale price
for such materials delivered to the job site, less any discounts as provided in Section (a),
whichever is lower.
(d) If the cost of such materials is, in the opinion of the City, excessive, then the cost of such
material shall be deemed to be the lowest current wholesale price at which such materials
were available in the quantities concerned, less any discounts as provided in Section (a).
(e) If the Contractor does not furnish satisfactory evidence of the cost of such materials from
the actual supplier thereof within sixty (60) days after the date of delivery of the materials
or within fifteen (15) days after Acceptance of the Agreement, whichever occurs first, the
City reserves the right to establish the cost of such materials at the lowest current
wholesale prices at which such materials were available in the quantities concerned, less
any discounts as provided in Section (a).
(3) Equipment. Within fifteen (15) days after request by the City, the Contractor shall submit a list of
equipment intended to be used on the Agreement for review and approval by the City. The
equipment list will identify all pieces of the equipment to be used on the project and will include the
make, model number, serial number and all attachments for each piece of equipment. The
equipment submittal will include hourly rates (excluding operators) for (i) equipment operated for
forty (40) hours and less per week; (ii) equipment operated for more than forty (40) hours per
week; and (iii) equipment not operated and on standby. In determining a suitable rental rate for
equipment, the Engineer shall take into consideration the applicable Schedule of Equipment Rates
issued by Caltrans, as well as Contractor’s proposed rate(s) and supporting documentation.
Standby rates will apply for equipment operating over eight (8) hours in any given twelve (12) hour
shift.
Equipment located at a work site and utilized on non-force account work shall not be eligible for
standby payment, and shall be charged on a force account basis only when solely performing pre-
approved force account work tasks.
If it is deemed necessary by the City to use equipment not listed in the approved Equipment
Submittal, outside rentals may be utilized. Contractor shall provide copies of invoicing from the
rental agency as part of the force account documentation.
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The rental rates paid as above provided shall include the cost of fuel, oil, lubrication, supplies,
small tools, necessary attachments, repairs and maintenance of any kind, ownership, depreciation,
storage, insurance and all incidentals.
Operators of rented equipment will be paid for as provided in Section (1), "Labor."
All equipment shall, in the opinion of the Engineer, be in good working condition and suitable for
the purpose for which the equipment is to be used. Prior to beginning force account work, the City
and Contractor shall agree on all equipment to be used for the work described in the daily time and
material form.
Individual pieces of equipment or tools not listed in said publication and having a replacement
value of $1000 or less, whether or not consumed by use, shall be considered to be small tools and
no payment will be made therefor.
No payment will be made on a force account basis for equipment that is inoperative due to
breakdown, servicing or repair or is not functioning according to the manufacturer’s performance
standards or is not being operated by a qualified operator.
For the use of equipment not listed on the approved Equipment Submittal that is moved in on the
work and used exclusively for extra work to be paid for on a force account basis, the Contractor
will be paid at the actual rental rates verified by the Contractor or rates charged for similar
equipment listed in the Equipment Submittal. The cost of transporting the equipment to the
location of the work and its return to its original location will be paid in accordance with the
following provisions. The original location of the equipment to be hauled to the location of the work
will be agreed to by the City in advance. The City will pay the costs of loading and unloading such
equipment. The cost of transporting equipment in low bed trailers shall not exceed the hourly
rates charged by established haulers. The cost of transporting equipment shall not exceed the
applicable minimum established rates of the Public Utilities Commission.
Equipment charges shall begin at the time the equipment is unloaded at the site of the extra work,
shall include each day of the work week (defined elsewhere in the Contract Documents) that the
equipment is at the site of the extra work, excluding legal holidays, unless the equipment is used
to perform the extra work on such days, and shall terminate at the end of the day on which the City
directs the Contractor to discontinue the use of such equipment.
Equipment operated less than thirty (30) minutes shall be considered to be one-half (1/2) hour of
operation charged accordingly.
Should the Contractor desire the return of the equipment to a location other than its original
location, the City will pay the cost of transportation in accordance with the above provisions;
however, such payment shall not exceed the cost of moving the equipment to the Work.
Payment for transporting and loading and unloading equipment, as above provided, will not be
made if the equipment is used on the Work in any other way than for extra work paid for on a force
account basis.
10-10. Records. The Contractor shall maintain its records in such a manner as to provide a clear distinction
between the direct costs of extra work paid for on a force account basis and the costs of other operations.
From the above records, the Contractor shall furnish the City completed daily extra work reports, on forms
acceptable to the City , for each day’s extra work to be paid for on a force account basis. The daily extra work
reports shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment
rental, whether furnished by the Contractor, subcontractor, or other forces. The daily extra work reports shall
provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also
the size, type and identification number of equipment, and hours operated. Daily extra work and force account
reports (actual or claimed) shall be signed by both the Engineer and Contractor’s representatives within twenty-four
(24) hours of the performance of the work.
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Valid copies of vendor’s invoices shall substantiate material charges. Such invoices shall be submitted with the
daily extra work reports, or if not available, they shall be submitted with subsequent daily extra work reports.
Should said vendor’s invoices not be submitted within sixty (60) days after the date of delivery of the material or
within fifteen (15) days after the Acceptance of the Agreement, whichever occurs first, the City reserves the right to
establish the cost of such materials at the lowest current wholesale prices at which said materials were available in
the quantities, less any discounts.
The Contractor or its authorized representative shall sign said daily extra work reports.
The Engineer will compare its records with the completed daily extra work reports furnished by the Contractor and
make any necessary adjustments. When these daily extra work reports are agreed upon and signed by both
parties, said reports shall become the basis of payment for the work performed, but shall not preclude subsequent
adjustment based on a later audit by the City.
The Contractor’s cost records pertaining to Work paid for on a force account basis shall be open to inspection or
audit by representatives of the City during the life of the Agreement and for a period of not less than three (3) years
after the date of Agreement completion and the Contractor shall retain such records for that period. Where
payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall
make every reasonable effort to insure that the cost records of such other forces will be open to inspection and
audit by representatives of the City on the same terms and conditions as the cost records of the Contractor. If an
audit is to be commenced more than sixty (60) days after the date of Acceptance of the Agreement, the Contractor
will be given fifteen (15) days notice of the time when such audit is to begin.
10-11. Compensable Delay. Any Contractor claim for damages or additional compensation based on delay shall
be limited to only those circumstances where the Contractor has fulfilled each of the following three (3)
requirements:
1. Contractor has established its entitlement to a time extension pursuant to the provisions described
above regarding delay and extensions to the Work.
2. The delay was caused solely by the City’s issuance of changes made pursuant to the provisions of
“Changes in Work” elsewhere in these Special Provisions or by acts or neglect of the City.
3. The delay was unreasonable under the circumstances and not within the contemplation of the
parties.
It is expressly understood and agreed that delays caused by the City will be non-compensable when there are
concurrent delays caused by the Contractor. Also, Contractor shall have no entitlement to additional compensation
for any delay where there have been concurrent delays caused by non-compensable delays, including, but not
limited to, fire, floods, tidal waves, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes and
freight embargoes.
Upon the Engineer’s written request, the Contractor shall make its financial records available for audit by the City
for the purpose of verifying the actual rate of overhead specified in the audit submitted by the Contractor. The
overhead specified in the audit, submitted by the Contractor, will be subject to approval by the Engineer.
Contractor's damages and/or additional compensation for delays will consist solely of the extended costs of
maintaining Contractor's jobsite presence. Contractor will not be entitled to any extended home office overhead.
Compensation for idle time of equipment will be determined in the same manner as determinations are made for
equipment used in the performance of extra work paid for on a force account basis with the following exceptions:
1. The time for which such compensation will be paid will be the actual normal working hours during
which such delay conditions exists, but in no case will exceed eight (8) hours in any one day.
2. The days for which compensation will be paid will be each calendar day of the work week during
the existence of such delay, except that when rental of the equipment is paid for under the
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provisions in “Force Account Payment – Equipment”, no payment will be made for delays in
accordance with the provisions in this section.
10-12. Compensation to the City for Extension of Time. In case the work called for under this contract is not
completed within the time limit stipulated herein, the City shall have the right to charge to the Contractor and to
deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence
and other overhead expenses which are directly chargeable to the contract and which accrue during the period of
such extension.
10-13. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and
that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, in
addition to those cost items identified in section 10-10, will be sustained by the City and that it is and will be
impracticable and extremely difficult to determine the actual amount of damage by reason of such delay; and it is
therefore agreed that the Contractor will pay to the City the sum set forth in the Agreement per day for each and
every calendar day's delay beyond the time prescribed and the additional number of calendar days, if any,
authorized by Contract Change Order, and that Contractor agrees to pay said liquidated damages herein provide
for, and further agrees that the City may deduct the amount thereof from any monies due or that may become due
the Contractor under the Agreement.
SECTION 11. DISPUTE RESOLUTION
11-01. Timely Notice of Claim. Contractor shall be solely responsible for providing written notice to the City of
any claims for additional compensation and/or time in accordance with the provisions of the Contract Documents. It
is City’s intent to investigate and attempt to resolve any Contractor claims before the Contractor has performed any
disputed Work. In addition, the City desires to mitigate its responsibility (if any) for any Contractor claims before the
disputed Work is performed. Therefore, Contractor’s failure to provide written notice within the time limitations set
forth below shall constitute a waiver of Contractor’s claims for additional compensation and/or time.
11-02. Notice of Potential Claim. The Contractor shall not be entitled to the payment of any additional
compensation for any cause, including any act, or failure to act, by the City (including the failure or refusal to issue a
Change Order), or the happening of any event, thing or occurrence, unless it shall have given the City due written
notice of potential claim as hereinafter specified; provided, however, that compliance with this section shall not be a
prerequisite as to matters within the scope of the notice provisions in “Delays and Extension of Time” elsewhere in
these Contract Documents, nor to any claim which is based on differences in measurement or errors of computation
as to correct quantities.
The written notice of potential claim shall set forth the reasons for which the Contractor believes additional
compensation will or may be due, the nature of the costs involved and, insofar as possible, the amount of the
potential claim. If based on an act or failure to act by the City, such notice shall be given to the City prior to the time
that the Contractor has started performance of the Work giving rise to the potential claim for additional
compensation, but in no event more than three (3) days after the occurrence that gives rise to the Contractor’s
claim. In all other cases, notice shall be given within three (3) days after the happening of the event or occurrence
giving rise to the potential claim.
If the Notice of Potential Claim does not include complete information about the claim or the parties do not execute
a Contract Change Order in connection with the Notice of Potential Claim, Contractor shall submit a complete and
specific claim for additional compensation and/or extension of the time for performance within fifteen (15) days after
such work is performed. Failure to provide written notice of claim prior to undertaking such work or failure to timely
submit a complete and specific claim for additional compensation and/or extension of the time for performance shall
be deemed a waiver and abandonment of any such claim.
The Contractor hereby agrees that he or she shall have no right to additional compensation for any claim that may
be based on any such act, failure to act, event, thing or occurrence for which a written notice of potential claim as
herein required was not timely filed.
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If there is a dispute over any claim, the Contractor shall continue to Work during the dispute resolution process in a
diligent and timely manner as directed by the City, and shall be governed by all applicable provisions of the
Agreement.
The Contractor shall maintain cost records of all Work that is the basis of any dispute. On a daily basis, Contractor
shall submit to the City completed daily forms, the format of which will be acceptable to the City, with respect to the
Contractor’s costs of performing the disputed work. These daily forms shall itemize all of Contractor's costs in
performing the disputed work, including, but not limited to, all costs relating to materials, labor and equipment with
respect to the disputed work. These daily forms shall provide names or identification and classification of affected
workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment
and hours operated. Said daily work forms shall be duly signed and verified by the Contractor or its authorized
representative. The City’s receipt of Contractor’s daily forms shall not constitute an approval of the Contractor’s
claim. Contractor’s failure to submit the daily forms on a daily basis shall constitute a waiver of Contractor’s right to
claim any additional compensation for the disputed work.
Each Contractor claim shall include full and complete information concerning the Claim. Contractor shall provide a
clear, concise recital of the basis, upon which the claim is asserted, including a designation of the provisions of the
Contract Documents upon which the claim is based. Contractor shall also include a statement as to the amount of
time and/or compensation sought pursuant to the claim; if Contractor’s claim arises from an ongoing occurrence,
Contractor shall so state in its claim including a description of the specific Work activities affected by the claim. All
costs, expenses or damages and extensions of time claimed shall be described in reasonable detail under the
circumstances together with complete supporting documentation.
The City will review any timely claim submitted by Contractor. In conducting this review, the City shall have the
right to require the Contractor to submit such additional or supporting documents, data and other information as the
City may require.
If an agreement can be reached which resolves the Contractor claim, the parties will execute a Contract Change
Order to document the resolution of the claim. If the parties cannot reach agreement with respect to the Contractor
claim, Contractor shall still be obligated to comply with the claim identification provisions identified in the Section
10-06 (Final Payment and Claims).
In the event that a subcontractor or supplier asserts a claim against the Contractor under its agreement with
Contractor, the subcontractor or supplier shall look only to the Contractor for any payment or relief. Subcontractors
and suppliers shall have no claim or cause of action against the City if such claim or cause of action arises out of
the subcontractor’s or supplier’s agreement with Contractor.
11-03. Claims Procedure Pursuant to Public Contract Code Section 9204. Contractor must submit all Claims,
for which it has previously submitted a Notice of Potential Claim, prior to Acceptance of the Work. Each such Claim
must be sent to the City by registered mail or certified mail with return receipt requested and must contain
reasonable documentation to support the Claim
Upon receipt of a Claim, the City shall conduct a reasonable review of the Claim and, within a period not to exceed
45 days, or such further time as mutually agreed upon or necessary pursuant to Public Contract Code section 9204,
the City shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what
portion is undisputed. If the City does not respond to a Claim from the Contractor within the time specified herein,
such Claim shall be deemed to be rejected in its entirety.
Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City
issues its written statement.
If the Contractor disputes the City's written response, or if the City does not respond within the time prescribed, the
Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.
Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall
schedule a meet and confer conference within 30 days for settlement of the dispute.
Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion
of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of
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the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of
the Claim shall be processed and made within 60 days after the public entity issues its written statement. Any
disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation,
with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree
to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the
parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the
fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If
mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures
stated in Section 11-04, below.
11-04. Litigation and Forum Selection. Contractor and the City stipulate and agree that any litigation relating to
the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to
the work shall be brought in Mendocino County and that venue will lie in Mendocino County.
Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to the
propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern
any such litigation.
11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the
City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not
be deemed a waiver of a subsequent breach.
SECTION 12 MISCELLANEOUS PROVISIONS
12-01. Laws to Be Observed. The Contractor shall keep itself fully informed concerning all requirements of
law, including but not limited to all State and Federal laws and county and municipal ordinances and
regulations which in any manner affect those engaged or employed in the Work, the materials used in the
Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or
tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered
in the Contract Documents for the Work in relation to any such requirements, the Contractor shall immediately
report the same to the City in writing.
The laws of the State of California shall govern the Contract Documents.
If any part of the Contract Documents is declared invalid by a court of law, such decision will not affect the
validity of the remaining portion, which shall remain in full force.
12-02. Rights in Land and Improvements. The Contractor shall make no arrangements with any person or
entity to permit occupancy or use of any land, structure or building within the limits of the Work, for any purpose
whatsoever, either with or without compensation, in conflict with any agreement between the City and any third
party owner, former owner or tenant of such land, structure or buildings. The Contractor shall not occupy City-
owned property outside the limit of the Work shown on the Contract Drawings unless he obtains prior approval.
12-03 Antitrust Claims. The Contractor’s attention is directed to the following provision of Public Contract
Code Section 7103.5(b), which shall be applicable to the Contractor and its subcontractors:
“In entering into a public works contract or a sub-contract to supply goods,
services or materials pursuant to a public works contract, the Contractor or
subcontractor offers and agrees to assign to the awarding body all right, title
and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2
[commencing with Section 16700] of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services or materials
pursuant to the public works contract or the sub-contract. This assignment
shall be made and become effective at the time the awarding body tenders
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final payment to the Contractor, without further acknowledgement by the
parties.”
12-04. Third Party Rights. No provisions of the Contract Documents shall in any way inure to the benefit of
any third party (including the public at large) so as to constitute such person a third party beneficiary of the
Agreement or of any one or more of the terms and conditions of the Agreement or otherwise give rise to any
cause of action in any person not a party to the Agreement, except as expressly provided elsewhere in the
Contract Documents.
12-05. Assignment. The performance of the Agreement may not be assigned except upon the written consent
of the City. Consent will not be given to any proposed assignment, which would relieve the original Contractor
or its surety of their responsibilities under the Agreement, nor will the City consent to any assignment of a part
of the Work under the Agreement.
The Contractor may assign monies due or to become due under the Agreement and such assignment will be
recognized by the City, if given proper notice thereof, to the extent permitted by law, but any assignment of
monies shall be subject to all proper set-offs in favor of the City and to all deductions provided for in the
Agreement, and particularly all money withheld, whether assigned or not, shall be subject to being used by the
City for the completion of the Work in the event that the Contractor should be in default therein
12-06. Rights to Drawings and Technical Data. Shop Drawings and Working Drawings submitted to the City
by the Contractor, Subcontractor or any lower tier Subcontractor pursuant to the Agreement, are the property of
the City and the City may use, and disclose in any manner and for any purpose, Shop Drawings and Working
Drawings delivered under the Agreement.
Technical Data including manuals or instructional materials, computer or microprocessor software which are
delivered or submitted to the City by the Contractor, Subcontractor, or any lower tier Subcontractor pursuant to
the Agreement are the property of the City, and the City may use or disclose same in any manner and for any
purpose.
12-07. Gratuities and Conflict of Interest. The Contractor shall not offer or provide gratuities in the form of
gifts, entertainment, loans, meals, rewards, and/or services to representatives of the City, including but not
limited to, employees, agents, the Engineer, consulting engineers and architects, Inspectors and/or testing
agencies retained by the City. If it is found that the Contractor has violated this provision, the Agreement may
be subject to termination for default as defined elsewhere in these Special Provisions.
During the term of the Agreement and until the final payment has been made to the Contractor, the Contractor
shall not employ or compensate in any manner whatsoever, the City employees and authorized
representatives, agents, the Engineer, and any engineering service consultants, consulting Engineers and
architects, Inspectors, and/or testing agencies retained by the City. Any exceptions to the employment or
compensation to any of the above named parties must be made in writing by the City. If the Contractor offers
or provides employment or compensation to those named above during the term of the Agreement, the
Agreement may be subject to termination for default.
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TECHNICAL SPECIFICATIONS
SECTION 13. GENERAL INFORMATION
13-01. Location and Scope of Work. All of the work to be performed is within the City of Ukiah and consists of all
labor, equipment and materials to replace the existing roof with a standing seam metal roof at the Grace Hudson
Museum, located at 431 South Main Street in Ukiah, California.
The Contractor should familiarize himself with the local conditions of the project sites. Failure to do so will in no
way relieve him of the responsibility for performing any of the work or operations required as a part of this contract.
Further information regarding the work or these specifications can be obtained from Mary Horger at (707) 463-6233.
13-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections
covering the various phases of work as follows:
Section No. Title
13 General Information
14 Construction Details
13-03. Arrangement of Plans. General locations and linear quantities of the work are shown in Appendix "A".
13-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of
Ukiah Business License prior to the start of any portion of the work.
13-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work.
13-06. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said
facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to
existing facilities which are a result of the work.
13-07. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least
possible obstruction and inconvenience to public traffic. The Contractor shall, at its expense, furnish such flag
persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian
walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in
progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of
pedestrian and vehicular traffic to safely and expeditiously pass the work.
13-08. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety,"
7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications.
Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to
pass through the work with as little inconvenience and delay as possible.
Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items
of work and no additional compensation will be made.
13.09. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or
silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve
him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other
applicable statutes relating to pollution prevention or abatement.
13-10. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work
performed under this contract for a period of one year from the date of final Acceptance. He shall replace promptly
and at his own expense any materials and/or workmanship which fail during this warranty period.
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13-11. Utilities. No water, sewer or electrical services will be provided by the City. It is the Contractor's sole
responsibility to arrange such services as necessary.
13-12. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to
commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and
procedures of each of the interested parties to assure that the project will be completed in accordance with the
contract documents.
13-13. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor
"Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications
thereto, in effect during construction of this project. The Contractor shall designate a safety officer and have in
place a health and safety plan in accordance with the laws of the State of California and conduct safety meetings
and document them in accordance with the law. The Contractor shall have the safety record available for inspection
during working hours and shall submit job site safety meeting reports with each Payment application.
SECTION 14 - CONSTRUCTION DETAILS
14-01. Technical Specifications and Project Drawings. Please refer to Appendix A and B.
SECTION 15. EXCLUSIONS FROM GENERAL CONDITIONS
15-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General
Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from
the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted
from said General Conditions:
(1) Section 6-03. Office of Contractor at the Site
No other exclusions.
SECTION 16. AMENDMENTS TO GENERAL CONDITIONS
16-01. Sections of General Conditions to be Amended.
The following designated sections of the Special Provisions are hereby amended to read as follows:
No amendments.2021
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BID SUBMITTAL CHECKLIST
The following is a checklist to assist you in your submission of your bid documents. Please make sure you
include the following when submitting your bid documents to reduce the risk of having your bid rejected:
Did you include?...
o Proposal (Page 46)
Unit prices filled out clearly.
Extended prices filled out clearly and calculated correctly
Total bid amount filled out clearly and calculated correctly
Sign the proposal, and provide complete information
CLSB No. and expiration date
Department of Industrial Relations Public Works Contractor Registration Number
o Bidding Schedule (Page 56)
Filled out completely per instruction
o Fair Employment Practices Certification (Page 58)
Filled out completely per instruction
o Worker’s Compensation Certificate (Page 59)
Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page 60)
Filled out completely per instruction
o List of Proposed Subcontractors (Page 61)
Filled out completely per instruction
o Statement of Experience (Page 62)
o Non-Collusion Affidavit (Page 63)
Filled out completely per instruction
Notarized
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CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
GRACE HUDSON MUSEUM ROOF REPLACEMENT – NEGOTIATED CONTRACT
Specification No. 23-04
Name of Bidder _______________________ Business Phone _____________________
Business Address ________________________________________________________
Place of Business _______________________________________________________
Contractor’s License No. ______________________________________
License Expiration Date_______________________________________
Classification Type __________________________________________
Department of Industrial Relations Public Works Contractor Registration Number: ______________________
The undersigned Bidder submits this Proposal and binds itself on award by the City of Ukiah under this bi to
execute a Contract in accordance with its Bid and,
Contract Documents, The Contract Documents, including but not limited to the Notice to Bidders, Instructions to
Bidders, Form of Agreement. General Conditions, Technical Specifications, Contract Drawings, and Addenda, if
any, are made part of this bid and all provisions thereof are hereby accepted, and all representations and warranted
required thereby are hereby affirmed.
This offer shall be irrevocable for a period of sixty (60) days after the date on which bids are opened.
The undersigned Bidder understands that any clarification made to the above or any new and different conditions or
information submitted on or with its Proposals, other than that requested, may render the bid non-responsive.
The undersigned Bidder declares that only persons or parties interested in this Proposal as principals are those
named herein that this Proposal is made without collusion with any other person, firm, or corporation; that Bidder
has carefully examined the location of the proposed work, the attached Form of Agreement, the Contract Drawings,
the Special Provisions and other Contract Documents; and agrees that, if this Proposal is accepted that it will,
1) contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the
Agreement herein contained
2) to provide all necessary machinery, tools, apparatus and other means of construction;
3) to do all the Work and furnish all the materials specified in the Contract Documents, in the manner
and time therein prescribed, and according the requirements of the Engineer, as therein set forth;
5) indemnify the City against any loss or damage arising from any act of the undersigned as Contractor;
and
6) accept as full payment therefor the prices indicated in the Bidding Schedule, including all Work
modified by Addendum number _______________ (IF NONE< STATE NONE).
The Bidder shall set forth for each item of Work, in clearly legible figures, an item price and a total for the item in the
respective spaces provided for this purpose in the Bidding Schedule.
The prices included within the Bidding Schedule include all costs for labor, materials, tools, equipment, services,
Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and for all other costs necessary
to perform the Work in accordance with the Contract Documents.
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The names of all persons interested in the foregoing Proposal as Principals, are as follows:
______________________________________________________________________.
If SOLE OWNER, sign here:
I sign as sole owner of the business named above:
_____________________________________________________________________________
If PARTNERSHIP, one or more partners sign here:
The undersigned certify that we are partners in the business named above and that we sign this bid with the full
authority to do so:
____________________________________________________________________________
____________________________________________________________________________
If CORPORATION, execute here:
Corporate Name: _______________________________________
Incorporated under the laws of the State of ____________________________________
The undersigned certify that they sign this bid with the full and proper authorization so to do:
By
Signature of Authorized Official*
Title
Typewritten or Printed Name
By
Signature of Authorized Official*
Title
Typewritten or Printed Name
If JOINT VENTURE, execute here:
Joint Venture name composed of:
The undersigned certify that they sign this bid with the full and proper authorization so to do:
Signature of Authorized Official*
Title
Typewritten or Printed Name
Signature of Authorized Official*
Title
Typewritten or Printed Name
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*If Bidder is a partnership or Joint Venture, give the full names of all partners and/or Joint Ventures in the space
provided (use additional sheet if required). If Bidder is a corporation, two signatures are required as follows: (1) the
Chairman, President, or Vice-President and (2) the Secretary, Assistant Secretary, Chief Financial Officer or
Assistant Treasurer. In the alternative, this Agreement may be executed by a single officer or a person other than
an officer provided that evidence satisfactory to the City is provided demonstrating that such individual is authorized
to bind the corporation (example, a copy of a certified resolution from the corporation’s board or a copy of the
corporation’s bylaws).
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BIDDING SCHEDULE
Bidders are directed to submit firm unit and lump sum prices for all Work set forth in the Contract Documents on this
Bidding Schedule.
Unit prices and lump sum prices must be entered in the appropriate spaces provided in the Bidding Schedule. Unit
prices shall be multiplied by the Quantities shown and the total shall be inserted in the “Total” column.
In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail;
provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any
reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column,
then the amount set forth in the “Total” column for the item shall prevail in accordance with the following:
1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price;
2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity
for the item and the price thus obtained shall be the unit price.
The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of
the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall
prevail. The bid comparison will be based on the sum of the items in the “total” column for each Bidder.
The Unit prices for the various Construction Items below include all costs associated with the General Conditions,
Special Provisions, Requirements of the Construction Contract, and all other Contract Documents and represent
the total, complete, in-place cost for each specific Construction Item in accordance with the Contract Documents,
including all labor, materials, tools, equipment, services, subcontractors, suppliers, taxes, insurance, shipment,
delivery, overhead, profit, elements, work components, accessories, and connections, shown in applicable details
or required to yield a complete, sound and functional component or system appropriate for its intended function,
whether or not such is specifically described or listed in any description of measurement or payment. The total
amount of the Construction items below shall represent the total and complete cost of the fully functional Project.
All work not specifically listed below be required to complete the work of the various construction items and the cost
of such shall be considered as included throughout the various unit prices indicated.
Lowest bid will be based on the lowest Base Bid.
The Bidding Schedule is a summary list of all of the work required by the Contract Documents and is in no way
intended to describe all items of work to be performed. Bidders must carefully examine the Contract Documents,
including the Contract Drawings and the site of the work and perform such inquiries and investigations, as they
deem appropriate in the formulation of their bids. All costs estimated to be incurred by Bidders must be included
within one of the line items in the Bidding Schedule.
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NAME OF BIDDER:
SPEC #: 23-05
PROJECT NAME: GRACE HUDSON MUSEUM ROOF REPLACEMENT
BASE BID
ITEM
NO. DESCRIPTION UNIT OF
MEASURE QUANTITY PRICE
1 Provide all necessary equipment, materials, labor and
fees for roof replacement LS 1
$__________________________
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FAIR EMPLOYMENT PRACTICES CERTIFICATION
TO:_____________________________________________________________
________________________________________________________________
The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she
has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the
Special Provisions contained herein.
GRACE HUDSON MUSEUM ROOF REPLACEMENT
________________________________________________________________
(Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The Bidder shall execute the certification of this page prior to submitting its proposal.)
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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:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
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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.)
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LIST OF PROPOSED SUBCONTRACTORS
In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any
amendments thereof, each Bidder shall set forth (a) the name and location of the place of business of each
subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor
licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a
portion of the work or improvement according to detailed drawings contained in the plans and specifications in an
amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each
subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1-
09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor
Registration Number.
SUBCONTRACTOR
NAME
SUBCONTRACTOR
LICENSE NUMBER
SUBCONTRACTOR
DIR
REGISTRATION
NUMBER
SUBCONTRACTOR
BUSINESS
ADDRESS
PORTION/ TYPE
OF WORK
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STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude or character he or she has done and to give
references that will enable the City Council to judge of its experience, skill and business standing and its ability to
conduct work as completely and rapidly as required under the terms of the contract.
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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NON-COLLUSION AFFIDAVIT
The undersigned declares:
I am the _________________ of ______________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not collusive or sham. The Bidder has not directly
or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or
indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain
from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost
element of the bid price, or of that of any other Bidder. All statements contained in the bid are true. The Bidder has
not, directly or indirectly, submitted its bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, to any corporation, partnership, company, association, organization, bid
depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not
pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture,
limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full
power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct and that this declaration is executed on _______________________ [date], at
_____________________________ [city], ________________ [state].
____________________________________
(Signature of Declarant)
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DISQUALIFICATION QUESTIONNAIRE
The Bidder shall complete, under the penalty of perjury, the following questionnaire:
Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has proprietary interest in the
Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state,
or local government project because of a violation of law or a safety regulation?
Yes______ No_____
If the answer is yes, explain the circumstances in the space below.
NAME OF BIDDER: _________________________________________
SIGNATURE OF BIDDER: ____________________________________
Explanation, if any:
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CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
GRACE HUDSON MUSEUM ROOF REPLACEMENT
Specification No. 23-05
THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah,
Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the
Contractor,
WITNESSETH:
WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other
Contract Documents for the work herein described and shown and has approved and adopted these Contract
Documents, including but not limited to specifications and drawings and has caused to be published in the manner
and for the time required by law a notice to Bidders inviting sealed proposals for doing the work in accordance with
the terms of this contract and
WHEREAS, the City, in the manner prescribed by law, has examined and canvassed the proposals submitted and
as a result has determined and declared the Contractor to be the lowest and best regular responsible Bidder for the
work and for the sums named in the proposal,
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
Article I. Work to be Done and Contract Days Allowed.
That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall
furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary
for completion of the work in conformity with the Special Provisions and other Contract Documents hereto attached
and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within
Ninety (90) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that
the contract has been executed by the City. Contractor, at its option, may begin work prior to start of counting
contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at
least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having
submitted certificates of insurance that have been accepted and approved by the Engineer. The Contractor shall
diligently prosecute all of the Work under this Agreement in all parts and requirements as defined in the Contract
Documents. For each day of day that work remains incomplete, the Contractor will pay to the City, as liquidated
damages, the amount of $500 per day, as more particularly described in Section 10-12 of the General Conditions.
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Article II. Contract Prices.
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete
and timely performance of the contract by the Contractor in strict accordance with the Contract Documents. The
Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the
work, for all labor and use of tools and other implements necessary to execute the work contemplated in this
contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any
unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of
every description connected therewith; for all expenses of the work, as herein specified; for all liability and other
insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the
Special Provisions, and all other Contract Documents.
Article III. Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race,
color, national origin or ancestry, or religion of such persons and every contractor for public works violating
this section is subject to all the penalties imposed for a violation of this chapter."
In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment
because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action
to ensure that applicants are employed and that employees are treated during employment without
regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the awarding authority setting
forth the provisions of this Fair Employment Practice section.
(b) The Contractor will send to each labor union or representative of workers with which he or she has a
collective bargaining agreement or other contract or understanding, a notice, to be provided by the
awarding authority, advising the said labor union or worker's representative of the Contractor's
commitments under this section, to employees and applicants for employment.
(c) The Contractor will permit access to his or her records of employment, employment advertisements,
application forms and other pertinent data and records by the Fair Employment Practices
Commission, City of Ukiah or any other appropriate agency of the State of California designated by
the awarding authority, for the purposes of investigation to ascertain compliance with the Fair
Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair
Employment Practices Act shall be regarded by the awarding authority as a basis for determining the
Contractor to be not a "responsible Bidder" as to future contracts for which such Contractor may
submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish,
reestablish or renew a pre-qualification rating for the Contractor.
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment
Practices Act to have occurred upon that it has investigated and determined that the Contractor has
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violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426
or obtained an injunction under Labor Code Section 1429.
Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall
notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority
within a stated period that the violation has been corrected, his or her pre-qualification rating will be
revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contractor has not complied with the
Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and
1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for
each person who was denied employment as a result of such non-compliance, the penalties provided
in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the
Contractor. The City may deduct any such damages from any monies due the Contractor.
(f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of
fashion so as to prevent the City or the State of California from pursuing any other remedies that may
be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has
or will meet the following standards for affirmative compliance, which shall be evaluated in each case
by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all
supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination
clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all
sources of employees’ referrals (including unions, employment agencies, advertisements, Department
of Employment) of the content of the anti-discrimination clause.
(3) The Contractor shall file a basic compliance report, as required by the City. Willfully false
statements made in such reports shall be punishable as provided by law. The compliance report shall
also spell out the sources of the work force and who has the responsibility for determining whom to
hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with
the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training.
b. Otherwise implement an affirmative anti-discrimination program in terms of the unions'
specific areas of skill and geography to the end that qualified minority workers will be available
and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals,
firms or organizations during the period of its pre-qualification.
(h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier
subcontract so that such provisions will be binding upon each such subcontractor.
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(i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of
submitting the bid.
Article IV. Parts of the Contract.
This Agreement shall consist of this document and all of the Contract Documents, which are incorporated herein
and made a part hereof. The Contract Documents include all of the following:
Contract Documents: Those documents that form the basis of the Agreement, including, but not limited to, the
Notice to Bids, Instructions to Bidders, Pre-Bid Conference, Bid Forms, Bidding Schedule, Schedule of Values,
Bidding Addenda, Form of Agreement, Contract Bonds, General Conditions, Supplemental Conditions, Federal
Requirements, Prevailing Wages, Insurance Requirements, Technical Specifications, Appendices, Contract
Drawings, Addenda, Contractor’s bid, and all Change Orders issued after the execution of the Agreement, and all
other documents incorporated by reference in the same.
Article V. Prevailing Wage Scale
Reference is made to the requirements on the general prevailing wage rates set forth in the Contract Documents. A
copy of such rates may be reviewed at the Financial Services Manager’s Office at the address listed in Article VI,
below. Those rates are hereby specified as the minimum rates of prevailing wage to be paid workers under this
Agreement.
Article VI. Service of Notice
Any notice required or permitted to be given under this Agreement shall be deemed given when (a) personally
delivered to the recipient identified below; (b) mailed by registered or certified mail, return receipt requested,
postage pre-paid, to the address specified below:
City:
Mary Horger, Financial Services Manager
City of Ukiah
411 West Clay Street,
Ukiah, CA 95482
Contractor: [Specify contact, address,]
The City may also act through its Engineer or other designee if the City expressly gives notice to the Contractor, in
writing, that the City’s designee has authority to act for the City in a specific capacity.
Article VII. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the County of Mendocino and the
State of California. Subject to the dispute resolution provisions in the Special Provisions, any action relating to this
Agreement shall be instituted and prosecuted in Mendocino County, California.
Article VIII. Contractors License Law
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS'
STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST
CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR
YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR
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OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF
THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE
REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA
95826.
IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to
be signed by authority of their duly authorized office this _____ day of _____________, 20____.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By: ______________________________________________________________
CITY MANAGER, CITY OF UKIAH
Attest: ______________________________________________________________
CITY CLERK, CITY OF UKIAH
FOR THE CONTRACTOR:
Name under which business is conducted:
Business Address:
State __________ Zip Code ______________ Telephone
Type of business organization:
*If a Corporation, incorporated under the laws of the State of:
The undersigned certify that they sign this Agreement with full and proper authorization to do so.
By: Print
Title:
Date:
By:* Print
Title:
Date: Contractor’s Corporate Seal:
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*If the Contractor is a Corporation, this Agreement must be executed by two corporate officers, consisting of:
(1) the President, Vice President, or Chair of the Board, and
(2) the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer. Alternatively, this Agreement
may be executed by a single officer or a person other than an officer provided that evidence satisfactory to the City
is provided demonstrating that such an individual is authorized to bind the corporation (e.g. a copy of a certified
resolution from the corporation’s board or a copy of the corporation’s bylaws).
The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____.
__________________________________________________
CITY ATTORNEY, CITY OF UKIAH
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INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____, by
and between the City of Ukiah (Ukiah) and ______________________________________ (Contractor).
Contractor is
_________________________________________________________________________________
___________________________________________ for Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect
Ukiah from damage or damage claims which arise from its performance of the work.
Accordingly, Contractor agrees as follows:
1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees
from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of
damage or loss which arises out of the Contractor’s negligent or wrongful performance under the work order
attached hereto, except for claims, losses, or damages resulting from the sole negligence, active negligence or
willful misconduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY: _______________________________________________
TITLE: _______________________________________________
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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
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progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract
Price, including other costs and damages for which Surety may be liable. The term “balance of the Contract
Price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the
Contract and any modification thereto, less any amount previously paid by the City to the Contractor and
any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make
available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance
of the Contract Price, including other costs and damages for which Surety may be liable. The term “balance
of the Contract Price” as used in this paragraph shall mean the total amount payable to Contractor by the
City under the Contract and any modification thereto, less any amount previously paid by the City to the
Contractor and any other set offs by the City pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety
in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for
completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection
to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect
its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Page 267 of 589
{00245263.1} 73 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of ___________________,
2022.
(Corporate Seal) ________________________________
Contractor/Principal
By______________________________
Title_____________________________
(Corporate Seal) _________________________________
Surety
By_______________________________
Attorney-in-Fact
(Attach Attorney-in Fact Certificate) Title______________________________
The rate of premium on this bond is __________________ per thousand. The total amount of premium charges is
$_________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________
________________________________
________________________________
(Name and Address of Agent or ________________________________
Representative for service of process in ________________________________
California, if different from above) ________________________________
(Telephone number of Surety and Agent _______________________________
or Representative for service of process in California)
Page 268 of 589
{00245263.1} 74 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
CITY OF UKIAH
Mendocino County, California
PAYMENT BOND
BOND No. ____________________
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Ukiah (“City”) has awarded to _______________________ (“Contractor/Principal”) a
contract (City Agreement No. _____________, dated _________________, ___________, referred to as the
“Agreement”) for the work described as _______________________. The Agreement is incorporated by this
reference into this Payment Bond (“Bond”); and
WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant to
California Civil Code section 9550;
NOW, THEREFORE, we ____________________________________________, the undersigned
Contractor/Principal, and _____________________ (“Surety”), a corporation organized and existing under the laws
of the State of _____________________, and duly authorized to transact business under the laws of the State of
California, as Surety, are held firmly bound until the City, and to any and all persons, companies, or corporations
entitled by law to file stop payment notices under California Civil Code Section 9100, or any person, company, or
corporation entitled to make a claim on this bond, in the sum of $_________________________, for which payment
will and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal, its heirs, executors, administrators,
successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil Code section 9100;
or fail to pay for any materials, provisions, or other supplies, used in, upon, for , or about the performance of the
work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to deduct, withhold,
and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and
paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind,
then Surety will pay for the same, in an amount not exceeding the amount herein above set forth, and in the event
suit is brought upon this bond, also will pay such reasonable attorneys’ fees as shall be fixed by the court, awarded
and taxed as provided in California Civil Code Section 9550, et seq.
It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the
obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or
of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of improvement
herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment therefor; nor by
any change or modification of any terms of payment or extension of time for payment pertaining or relating to any
scheme or work of improvement herein above described; nor by any rescissions or attempted rescission of the
contract, agreement or bond; nor by any conditions precedent or subsequent in the bond attempting to limit the right
of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond; nor
by any fraud practiced by any person other than the claimant seeking to recover on the bond; and that this bond be
construed most strongly against the Surety and in favor of all persons for whose benefit such bond is give; and
under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been
given, by reason of any breach of contract between the Owner and Contractor/Principal or on the part of any oblige
named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California
Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does
hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned,
including but not limited to the provisions of section 2819 and 2845 of the California Civil Code.
Page 269 of 589
{00245263.1} 75 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to Surety
as follows:
Attn:__________________________________________
Address:_______________________________________
City/State/Zip:___________________________________
Phone:_________________________________________
Fax:___________________________________________
Email:__________________________________________
IN WITNESS WHEREO, two identical counterparts of this Bond, each of which shall for all purposes be deemed an
original thereof, have been duly executed by Contractor/Principal and Surety above named, on the __ day of
____________________, 202__.
__________________________________ (SEAL)
Contractor/Principal
By_____________________________________
Contractor’s Representative
______________________________________
Contractor/Principal’s Address
______________________________________
City,State,Zip
_________________________________(SEAL)
Surety
By_____________________________________
Surety’s Representative
______________________________________
Surety’s Address
______________________________________
City,State,Zip
______________________________________
Telephone Number
NOTE: Signatures of those executing for Surety must be properly acknowledged, The bond must be accompanied
by a properly acknowledged Power of Attorney from the Surety authorizing its agent to bind it to this bond. A copy
of such Power of Attorney must be in file with the City.
Page 270 of 589
{00245263.1} 76 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND
1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.
2. The name of the Principal shall be shown exactly as it appears in the Contract.
3. The penal sum shall not be less than required by the Specifications.
4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and
state his place of residence.
5. If the Principal is a corporation, the bond shall be executed under its corporate seal.
If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the
corporate name.
6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation,
shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies
attached to such records of the corporation as will evidence the official character and authority of the officer
signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies.
7. The current power-of-attorney of the person signing for the surety company must be attached to the bond.
8. The date of the bond must not be prior to the date of the Contract.
9. The following information must be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand; and
b. The total dollar amount of premium charged.
10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of
the bond.
11. Type or print the name underneath each signature appearing on the bond.
12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart)
intended for signing.
Page 271 of 589
{00245263.1} 77 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
CITY OF UKIAH
Mendocino County, California
DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, _____________________________________________________________________
__________________________________________________________________, as PRINCIPAL
and__________________________________________________________________________
___________________________________________________________________, as SURETY,
are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of
___________________________________________________________________________________
_________________________________________________________($____________________),
(5 PERCENT OF THE FINAL CONTRACT AMOUNT)
to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors,
administrators successors and assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the City of Ukiah
dated_________________________
for _________________________________________________________________________________
____________________________________________________________________________________
WHEREAS, said Contract has been completed, and was approved on the ______ day of ___________,
_________,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that
the work will be free of any defective materials or workmanship which become apparent during the period of one (1)
year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and
effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the
Principal or Manufacturer only, and the surety assumes no liability for such a guarantee.
Signed, sealed, and dated this __________ day of ____________, 20_____.
__________________________________________________(Seal)
BY:_______________________________________________(Seal)
__________________________________________________(Seal)
Principal
__________________________________________________(Seal)
BY:_______________________________________________(Seal)
__________________________________________________(Seal)
Surety
Page 272 of 589
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Page 276 of 589
APPENDIX A
S P E C I F I C A T I O N S
FOR RE-ROOFING OF THE
CITY OF UKIAH
GRACE HUDSON MUSEUM
431 SOUTH MAIN STREET
UKIAH, CA 95482
PROJECT COORDINATOR
MARY HORGER / PROCUREMENT MANAGER
FINANCE AND PURCHASING DIVISION
CITY OF UKIAH
411 WEST CLAY STREET, UKIAH, CA 95482
(707) 463-6233
mhorger@cityofukiah.com
DATE
July 27, 2020
Revised: March 1, 2023
Page 277 of 589
Project Specifications – Table of Context
Grace Hudson Museum Re-Roof Project
431 South Main Street, Ukiah, Ca
Page - 1
TABLE OF CONTENTS
A. DIVISION 1 – GENERAL REQUIREMENTS
1. Section: 01100 Summary of Work
2. Section: 01250 Substitution Procedures
3. Section: 01330 Submittal Procedures
4. Section: 01640 Owner Furnished Products
B. DIVISION 2 – EXISTING CONDITIONS
1. Section: 02070 Selective Demolition
C. DIVISION 6 – WOOD, PLASTICS & COMPOSITES
1. Section: 06100 Miscellaneous Carpentry
D. DIVISION 7 – THERMAL & MOISTURE PROTECTION
1. Section: 07220 Roof Deck Boards
2. Section: 07410 Metal Roofing Panels
3. Section: 07620 Sheet Metal and Flashing
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Division 1 - Summary of Work
Grace Hudson Museum Re-Roof Project
Summary of Work Page 0110 - 1
DIVISION 01 – GENERAL REQUIREMENTS
SECTION 01100 - SUMMARY OF THE WORK
CITY OF UKIAH
GRACE HUDSON MUSEUM
REROOFING
NEW CLASS (A) FIRE RATED STANDING SEAM METAL ROOFING ASSEMBLY
431 SOUTH MAIN STREET
UKIAH, CA 95482
PART 1 - GENERAL
1.1 PROJECT DESCRIPTION
A. Work described in this section applies to the removal and replacement of an existing
standing seam steel roofing system with a new Class (A) Fire Rated standing seam steel
roofing assembly as outlined in the Project Documents
1. Remove the existing standing seam roofing system and gable wall roof beam sheet
metal end caps. Replace or repair all fungus or water damaged nonstructural and
structural wood elements, and all unforeseen related demolition and repair work as
needed for the installation of a complete and weatherproof class (A) fire rated
standing seam steel roofing assembly.
2. Install a new Class (A) Fire Rated roofing assembly consisting of a factory finished
preformed steel standing seam roofing system on an existing combustible plywood
roof deck with new ¼” Dens Deck Board covered with Garland R-Mer Seal or an
equivalent 40 mil minimum high temperature peal and stick underlayment suitable
for vertical applications at curbing and parapet walls. The manufactured metal
roofing system shall incorporate standing seam steel roofing panels, clips, steel hat
channels, perimeter flashing and trim, roof penetration flashing and
counterflashing, ridge caps, valley and ridge trim assemblies, eave closures
assemblies, eave drip stiffeners, coping and rake trim, gutters with expansion
joints, down spouts and all miscellaneous sheet metal flashing / trim, closure foam,
sealants and fasteners to complete a waterproof Class (A) fire rated roofing.
3. Install new gable wall roof beam sheet metal end caps with Garland R-Mer Seal or
an equivalent 40 mil minimum high temperature peal and stick underlay suitable for
vertical applications matching the new standing seam metal roofing of same type
kind and quality.
4. Re-set the existing gutter water catchment system plumbing lines under the roof
eaves.
5. All work shall be conducted in accordance with the project sheet drawings, details,
specifications, installation manuals, addenda and general provisions of the
Contract, including Contract General Conditions and Supplementary General
Conditions.
1.2 RELATED DOCUMENTS
A. Project specific sheet drawings, details, specifications, installation manuals, contract
provisions and contract conditions apply to this section.
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Summary of Work Page 0110 - 2
B. Related Sections:
1. Section: 01250 – Substitution Procedures
2. Section: 01330 – Submittal Procedures
3. Section: 01640 - Owner Furnished / Contractor Installed Materials
4. Section: 02010 - Selective Demolition
5. Section: 06100 - Miscellaneous Carpentry
6. Section: 07220 - Roof Deck Board
7. Section: 07410 - Metal Roofing Panels – Standing Seam
8. Section: 07620 - Sheet Metal and Flashing
1.3 WORK INCLUDED IN THE CONTRACT
A. Project Identification: Grace Hudson Museum Reroofing Project
B. Project Location: 431 S Main St., Ukiah CA 95482
C. Owner: The City of Ukiah
D. Work described in this section applies to the removal and of an existing standing seam
roofing system and installation of a new Class (A) Fire Rated steel standing seam roofing
assembly, as outlined in the Project Sheet Drawings, Details, Specifications, Contract
Provisions, Contract Conditions and related Project Section listed in this section,
(approximately 14,900 square feet of sloped roof area), including work outlined in the
Related Sections and Contract Documents
1.4 PROJECT CONDITIONS
A. The Museum will be open to the public during standard operating hours and Museum Staff
will be occupying the building and the immediate areas surrounding the construction work.
All safety measures shall be applied and adhered to by the Contractor in accordance to
the Project Related Sections and Contract Documents. The Contractor shall provide not
less than seventy two (72) hours written notice to the City of Ukiah and the City of Ukiah's
Project Manager, activities that will impact the security of the Museum or its contents,
beyond the Contractor's normal working hours.
B. Access: The Contractor shall maintain access to the Museum, unaffected areas of the site
and other adjacent facilities:
1. Construction shall not close or obstruct, occupied and unoccupied facilities, parking
lots, driveways and walkways without written permission from the City of Ukiah.
2. Ensure minimum interference with other areas of the site, including, streets,
walkways, and other adjacent occupied facilities, or the occupants of neighboring
properties during all phases of construction and provide protection to ensure the
safe passage of people around construction activities, and to other areas of the
project site
C. The Contractor shall provide provisions to protect existing site improvements,
appurtenances, and landscaping not part of this work and scheduled to remain.
D. Utility Service: The Contractor shall maintain existing utilities and protect them against
damage during construction, especially fire suppression and security systems, including
fences and gates currently securing the property.
1.5 PROTECTION OF CONSTRUCTION WORK AND MATERIALS
A. During Work Hours protect the Work from theft, vandalism, and unauthorized entry. The
Contractor shall have the sole responsibility for job site security.
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Summary of Work Page 0110 - 3
B. During Off-Work Hours furnish watchman’s services as Contractor may consider
necessary to safeguard materials and equipment in the storage on the Project site,
including Work in place and process of fabrication, against theft, acts of malicious
mischief, vandalism, and other losses or damages.
1.6 WORK DESCRIPTION
A. Work described in this section applies to the removal and replacement of an existing
standing seam roofing system with a new Class (A) Fire Rated steel standing seam
roofing assembly as outlined in the Project Documents
B. Removal of the Existing Metal Roofing System:
1. Remove all the existing standing seam roofing, trim, flashing, gutters, downspouts,
hat channels and FR-10 fabric down to the Garland R-Mer Seal on the existing roof
plywood decking. Discard all roofing materials with the exception of the hat
channels and roof gutters for possible re-use after inspection and approval by The
Garland Company and the City of Ukiah.
2. Remove all the existing gable wall roof beam end caps and any underlayment and
discard the material.
3. Roof hat channels and gutters removed from the existing roof must be inspected
and approved in writing for possibly re-use by a Garland Representative and
approved by the City of Ukiah prior to re-replacement of the roofing materials.
Storage of any on site materials shall be coordinated with the Museum and City of
Ukiah in a secured location as approved by the Museum and the City of Ukiah in
accordance with the requirements of the Project Specifications and Contract
Documents.
4. Maintain and protect the gutter water catchment system plumbing lines to be
relocated under the eaves and reattached to the holding tanks.
5. All damage to the (E) Garland R-Mer Seal on the roof decking shall be repaired,
inspected and approved in by a Garland Representative for use as a temporary
waterproofing during the re-roofing construction.
C. Roof beam end caps – gable walls:
1. Roof beam end caps shall be fabricated from 22-gauge ASTM A653/A 653M G-90
Galvanized Steel Garland SS Sheet Stock with high gloss, factory painted Kynar
500 fluorocarbon Mocha finish to match R-Mer Span Roof Panels of same type
kind and quality.
2. Shop drawings for all roof beam end caps must be submitted, reviewed and
approved by the City of Ukiah or approved City Representative prior to the
fabrication of the remaining roof beam end caps.
3. One roof beam end cap mock up shall be installed and approved by the City of
Ukiah or approved City Representative prior to the fabrication of the remaining roof
beam end caps.
D. Existing skylight enclosure and mechanical vent curbing modifications:
1. Existing Skylight Enclosure:
a. Frame new 14” tall 2x6 perimeter cripple walls and rake walls around the
perimeter of the exiting skylight with 3x6 D.F. No.1 longitudinal roof rafters
24” on center. Note: Wall fastener connections to the existing structural
roof framing will be addressed as a deferred submittal when the existing
roofing system has been removed and the as-built framing of the existing
roof members at the skylight have been verified.
b. Sheath wall and roof framing with 15/32” Exposure 1 plywood.
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Summary of Work Page 0110 - 4
2. existing mechanical vent curbing:
a. Relocate the existing Southeast and Southwest mechanical vent curbing
boxes 36” downslope form top of ridge to the upslope face of curbing to
accommodate the curbing upper valley pan and upper roofing panels per
the Garland Installation Manual Curbing Details.
b. Repair existing openings in the roofing deck with Exposure No.1 plywood
sheathing of same grade and thickness.
E. Installation of New Class (A) fire rated standing seam steel roofing assembly per the
Project Sheet Drawings, Details, Specifications, Installation Manuals, Contract Documents
and Related Sections:
1. Install ¼” Georgia Pacific DensDeck Prime Roof Board over the existing R-Mer
Seal on the plywood deck, curbing and parapet walls with approved fasteners and
plates in conformance with the placement specifications approved by the
DensDeck and Roofing Manufacture on all surfaces to receive metal cladding
(Roof Panels, Flashings, Trim, Beam Caps, etc.).
2. Install Garland R-Mer Seal, or an approved 40 mil minimum high temperature peal
and stick underlayment suitable for vertical applications at curbing and parapet
walls over the new Dens Deck Prime roof board on all surfaces to receive metal
cladding (Metal Roof Panels, Flashings, Trim, Roof Beam End Caps, etc.)
3. Install hat channels, per the wind uplift pressure zones and shop drawings
provided by the metal roof manufacturer. All hat channels shall be fastened to the
roof structural framing (trusses, beams, rafters and battens of the existing roof).
4. Install Garland 22-gauge G-90 Galvanized Steel R-Mer Span Standing Seam
Panels with high gloss, factory painted Kynar 500 fluorocarbon Mocha finish and
color-matching rivets in accordance with the manufacturer's shop drawings,
installation manual, and project specifications. Shim and align metal roof panels
within the project specified tolerance of (1/4 inch in 20 feet; 3/8” in 40’-0” or more)
on slope and location lines as indicated and with 1/8 inch offset of adjoining faces
and of alignment of matching profiles.
5. Install 22-gauge ASTM A 653/A 653M G-90 Galvanized Steel - Garland R-Mer SS
Sheet Stock fabricated gutters, downspouts, flashing, trim and roof beam end
caps with high gloss, factory painted Kynar 500 fluorocarbon Mocha finish and
color-matching rivets at all associated sheet metal and flashing areas indicated on
the plans as shown in the manufacturer's shop drawings, installation manual, and
the project specifications
6. Roof gutter system and downspouts shall be fabricated and installed per SMACNA
and NRCA Standards following the manufacturer's Details, installation Manuals
and the Project Specifications
a. Install expansion joints on all gutter lines exceeding 50’-0” in length per
SMACNA standard recommendations and Garland Butt Joint Expansion
Joint Details per the manufacturer's shop drawings, installation manual, and
the project specifications.
b. Gutters shall be fabricated and installed to maintain a level to a 1/8” in 12”
negative slope to the Downspout Inlets.
c. Downspouts shall be located at existing storm drain inlets with a watertight
premanufactured or fabricated sheet metal coupler joint attached to the
existing 4” diameter inlet lines.
F. Restore existing plumbing, heating, ventilation, air conditioning, electrical, and systems to
the full operational condition that was impacted because of the project.
1. Notify the owner immediately, by way of RFI, of any item on the building found to
be non-operational, otherwise, the assumption of operation will be that prior to the
project it was fully operational.
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Summary of Work Page 0110 - 5
1.7 OWNER FURNISHED / CONTRACTOR INSTALLED PRODUCTS
A. Owner Furnished / Contractor Installed Products:
1. The City will furnish, for installation by the Contractor, products which are identified
on the Drawings and in the Specifications as "OFCI (Owner Furnished / Contractor
Installed)", Refer to Section 01640 - Owner-Furnished Products.
B. Relationship to Work Under the Contract:
1. Work under the Contract shall include all provisions necessary to fully incorporate
such products into the Work, including, as necessary, fasteners, backing, supports,
and other such provisions from point of service to point of connection, and field
finishing, as shown on Drawings and specified herein. See Section 01640 - Owner-
Furnished Products for additional requirements.
1.8 PERMITS, LICENSES, AND FEES
A. Permits, Licenses, and Fees, General: Refer to Contract General Conditions, Article
12.05.
B. Licenses: The contractor shall obtain and pay all licenses associated with construction
activities, such as business licenses, contractors' licenses, and vehicle and equipment
licenses. All costs for licenses shall be included in the Contract Amount.
1.9 CONTRACTOR’S STAFF
A. Within 15 calendar days of notice to proceed, submit a list of principal staff assignments,
including the superintendent, assistant superintendents, project manager, project
engineers, schedulers, administrative assistants, accounting personnel, and other
personnel in attendance at the Project site and the home office responsible for the project.
Identify individuals and their duties and responsibilities; list addressed and telephone
numbers, including home and cell telephone numbers. Provide names, addresses, and
telephone numbers of individuals assigned as a standby in the absence of individuals
assigned to the project.
END OF SECTION
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Division 01 – General Requirements
Grace Hudson Museum Re-Roof Project
Substitution Procedure 01250 Page - 1
DIVISION 01 – GENERAL REQUIREMENTS
SECTION 01250 - SUBSTITUTION PROCEDURES
PART 1 — GENERAL
1.1 SUMMARY
A. This Section includes administrative and procedural requirements for handling requests for
equals and substitutions made after award of the Contract. Formal requests from the
Contractor/Vendor or substitution of construction methods, products, materials or finishes
in place of those specified will be considered by the Owner or the Owner’s
Representative/Consultant only in accordance to the procedure herein.
1.2 RELATED DOCUMENTS
A. Project sheet drawings, details, specifications, addenda and general provisions of the
Contract, including Contract General Conditions and Supplementary General Conditions
and other Division 1 Specification Sections apply to this Section.
B. Related Sections:
1. Section: 01100 - Summary of Work
2. Section: 01330 – Submittal Procedures
3. Section: 01640 - Owner Furnished Contractor Installed Materials
4. Section: 06100 - Miscellaneous Carpentry
5. Section: 07220 - Roof Deck Board
6. Section: 07410 - Metal Roofing Panels – Standing Seam
7. Section: 07620 - Sheet Metal and Flashing
1.3 DEFINITIONS
A. Definitions in this Article do not change or modify the meaning of other terms used
in the Contract Documents.
B. Equals or Substitutions General: Changes in products, materials, equipment, and
methods of construction required by the Contract Documents proposed by the Contractor’s
Construction Manager after award of the Contract.
1.4 SUBMITTALS
A. Equals and Substitution Request Submittals:
1. The Owner or the Owner’s Representative/Consultant will consider requests for
equals or substitutions if the information on all materials is consistent with the
information herein. After the Construction Manager’s Subcontractor contract award,
substitutions will be considered for materials or systems specified that are no
longer available. It will not be considered if the product was not purchased in a
reasonable time after award. The Construction Manager shall submit all equal
and substitutions requests on the "Equal or Substitute Product Request" Form,
an example is shown at the end of this Section and the Form is available from the
Owner or the Owner’s Representative Consultant. Substitutions will not be
considered without formal request submitted in accordance to Section 01250.
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Division 01 – General Requirements
Grace Hudson Museum Re-Roof Project
Substitution Procedure 01250 Page - 2
2. The Construction Manager is required to prepare and submit three (3) copies of
the required data for the first manufacturer listed or procedure listed in the
specifications section with reference to all of the following areas:
a. The substance and function considering quality, workmanship, economy of
operation, durability and suitability for purposes intended including the size,
rating performance, compliance and cost. All submissions must include all
the required data for the first listed manufacturer or procedure as specified,
as well as the required data for the proposed Equal or Substitution. This
will enable the Owner or the Owner’s Representative/Consultant to
determine that the proposed Equal or Substitution is or is not substantially
equal to the first listed manufacturer or procedure.
3. Identify the product or the fabrication or installation method to be replaced in
each request. Include related Specification Section and Drawing numbers.
4. Provide complete documentation showing compliance with the requirements for
equals or substitutions, and the following information, as appropriate:
a. Coordination information, including a list of changes or modifications
needed to other parts of the Work and to construction performed by the
Owner and separate contractors that will be necessary to accommodate the
proposed Equal or Substitution.
b. A detailed comparison chart of significant qualities of the proposed
substitution with those of the Work specified. Significant qualities may
include elements, such as performance, weight, size, durability, and visual
effect.
c. Product Data, including Shop Drawings, and descriptions of products and
fabrication and installation procedures.
d. Use of proposed substitutions will not be an infringement on any copyright,
patent or trademark.
e. Samples, where applicable or requested.
f. A statement indicating the effect on the Construction Manager’s Schedule
compared to the schedule without approval of the Equal or Substitution.
Indicate the effect on overall Contract Time.
g. Cost information, broken down, including a proposal of the net change, if
any in the Guaranteed Maximum Price (GMP).
h. The Construction Manager’s certification that the proposed Equal or
Substitution conforms to requirements in the Contract Documents in every
respect and is appropriate for the applications indicated.
i. The Construction Manager’s waiver of rights to additional payment or time
that may subsequently become necessary because of the failure of the
Equal or Substitution to perform adequately.
1.5 OWNER / OWNER’S REPRESENTATIVE / CONSULTANT ACTION
A. If necessary, the Owner or the Owner’s Representative/Consultant will request additional
information or documentation within five (5) Business Days of receipt of the Contractor’s
initial submittal. The Owner’s Representative/Consultant will notify the Owner of
recommended acceptance or rejection of the submittal within ten (10) Business Days of
receipt of the request, or five (5) Business Days of receipt of additional information or
documentation, whichever is later. The Owner or the Owner’s Representative/Consultant
will give final acceptance or rejection by the Owner not less than ten (10) Business Days
after receipt of the each submittal.
B. Any request deemed an "Equal" and accepted by the Owner or the Owner’s
Representative/Consultant will result in written notification to the Construction Manager
and will not be in the form of a change order for an "Equal".
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Division 01 – General Requirements
Grace Hudson Museum Re-Roof Project
Substitution Procedure 01250 Page - 3
C. Any request deemed a "Substitution" and rejected or approved by Owner or the Owner’s
Representative/Consultant may result in written notification to the Construction Manager
and may be in the form of a change order if the "Substitution" is approved.
PART TWO – PRODUCTS
2.1 EQUAL OR SUBSTITUTION - CONDITIONS
A. The Owner or the Owner’s Representative/Consultant will consider the Construction
Manager’s request for Equal or Substitution of a product or method of construction when
one or more of the following conditions are satisfied, as determined by the Owner or the
Owner’s Representative Consultant. If the following conditions are not satisfied, the
Owner or the Owner’s Representative/Consultant will return the requests to the
Construction Manager without action except to record noncompliance with these
requirements.
1. The proposed request does not require extensive revisions to the Contract
Documents.
2. The proposed request is in accordance with the general intent of the Contract
Documents.
3. The proposed request is timely, fully documented, or properly submitted.
4. The proposed request can be provided within the Contract time. However, the
Owner or the Owner’s Representative/Consultant will not consider the proposed
request if it is a result of the Contractor/ Construction Manager’s failure to pursue
the Work promptly or coordinate activities properly.
5. The proposed request will offer the Owner a substantial advantage, in cost, time,
energy conservation, or other considerations, after deducting additional
responsibilities the Owner must assume. However, if the proposed request
requires the Owner to incur additional responsibilities, including but not limited to,
additional compensation to Design Consultants for redesign and evaluation
services, increased cost of other construction by the Owner or similar
considerations, then the Owner will have just cause to reject the request for Equal
or Substitution.
6. The proposed request can receive the necessary approvals, in a timely manner,
required by governing authorities having jurisdiction.
7. The proposed request can be provided in a manner that is compatible with the
work as certified by the Contractor/Construction Manager.
8. The proposed request can be coordinated with the work as certified by the
Contractor/Construction Manager.
9. The proposed request can uphold the warranties required by the Contract
Documents as certified by the Contractor/Construction Manager.
2.2 The Contractor / Construction Manager’s submission and the Owner’s or the Owner’s
Representative/Consultant’s review of Submittals, including but not limited to, Samples,
Manufacturer’s Data, Shop Drawings, or other such items, which are not clearly identified as a
request for an Equal or Substitution, will not be considered or accepted as a valid request for an
Equal or Substitution, nor does it constitute an approval.
END OF SECTION
Page 286 of 589
Equal or Substitute
CITY OF UKIAH – GRACE HUDSON MUSEUM RE-ROOF Product Request Form
To: CITY OF UKIAH Attn: MARRY HOGER / PROCUREMENT MANAGER FINANCE AND PURCHASING DIVISION 411 WEST CLAY STREET, UKIAH, CA 95482 (707) 463-6233 (mhoger@cityofukiah.com) From: ________________________________________________________________________________________________________________ (Name of Construction / Project Management Company) _______________________________________________________________________________________________________ (Street Address) _______________________________________________________________________________________________________
(City/State/Postal Code)
____________________________________________________________________________ (Contact Name / Title
____________________________________________________________________________ (Telephone Number and email address)
G E N E R A L I N F O R M A T I O N
Project Name: Grace Hudson Museum Re-Roof__ _____ Project Number: ______________________
Specifications: ______________________________________ Section(s):________________________
Drawings: __________________________________________ Details: __________________________
Contractually Specified Product: _________________________________________________________
Contractor Proposed Product: ___________________________________________________________
Product is: Equal: Substitute:
Data Attached: Drawings: Product Data: Image: Tests:
Samples: Others: ________________________________________________
Reason(s) for not providing the Contractually Specified Product:
Page 287 of 589
CITY OF UKIAH – GRACE HUDSON MUSEUM RE-ROOF
N E W P R O D U C T I N F O R M A T I O N
Manufacturer: ____________________________________________________________________________
Contact: _________________________________________________________________________________
Item Name: __________________________________________________________ Item No.:___________
Description: ____________________________________________________________________________________________________
Will proposed substitution impact other parts of the work? No: Yes: (If yes attach explanation)
Will Proposed Substitution increase contract time? No: Yes: by No. of Days ___________
Will proposed comply with all conditions per Section 01 25 00? No: Yes: Other___________________
Actual Dollar Savings to the Owner if this substitution is accepted: $ __________________________
The undersigned certifies that: (1) the proposed request for an Equal or Substitute product conforms to all of the
requirements of Division 01 – General Requirements and Section 012500 Substitution Procedures. (2) The
proposed substitution has been examined and verified to comply with the requirements of the project sheet
drawings, construction details, construction notes, contract specifications and installation details. (3) The
proposed substitution is of equal or superior construction quality and is suitable and compatible for the intended
use. (4) The same or better guarantee(s) / warrantee(s) will be available for the proposed Substitution. (5) The
installation of the proposed Substitution (if approved) shall be coordinated with all phases of the project
construction. (6) A complete cost data comparison is provided with this request.
Request Submitted By: ______________________________________________________________________
(Name of Firm/Entity/Contractor)
By: _______________________________________________________ _________________________________________________
(Print – Representative Name) (Title)
________________________________________________________ _____________________
(Signature) (Date)
Send Copies to: Owner Owner’s Representative/Consultant
OWNER / OWNER’S REPRESENTATIVE / CONSULTANT REVIEW
Request received on (Date): _________________________________________
Approved: (Submittals are in accordance with Division 01 – Section 01330 Submittal procedures)
Approved as Noted: (Submittals are in accordance with Division 01 – Section 01330 Submittal procedures)
Rejected: (Use contractually specified product)
Rejected: (See attached alternate proposed product)
Rejected: (Request not received within specified time – Use Contractually Specified Product)
Review Issued By: _____________________________________________________________________
(Owner or Representative Consultant)
By: ________________________________________ __________________________________________
(Owner / Owner’s Representative / Consultant) (Title)
____________________________________________________ _____________________________
(Signature) (Date)
Page 288 of 589
Division 01 – General Requirements
Grace Hudson Museum Re-Roof Project
Submittal Procedure 01330 Page - 1
DIVISION 01 – GENERAL REQUIREMENTS
SECTION 01330 - SUBMITTAL PROCEDURES
PART 1 — GENERAL
1.1 SUMMARY
A. This Section includes: Administrative and procedural requirements for shop drawings,
product data, samples, certificates and transcripts of submittals required for performance
of the Work.
B. Administrative Submittals: Refer to Division 1 Specification Sections and other Contract
Documents for additional requirements for administrative submittals. Such submittals
include, but are not limited to:
1. Permits.
2. Applications for payment
3. Performance and payment bonds
4. Release of Liens.
5. Insurance certificates.
1.2 RELATED DOCUMENTS
A. Project sheet drawings, details, specifications, addenda and general provisions of the
Contract, including Contract General Conditions and Supplementary General Conditions
and other Division 1 Specification Sections apply to this Section.
B. Related Sections:
1. Section: 01100 - Summary of Work
2. Section: 01250 – Substitution Procedures
3. Section: 01640 - Owner Furnished Contractor Installed Materials
4. Section: 06100 - Miscellaneous Carpentry
5. Section: 07220 - Roof Deck Board
6. Section: 074100 - Metal Roofing Panels – Standing Seam
7. Section: 07620 - Sheet Metal and Flashing
1.3 ADMINISTRATIVE ACTIVE SUBMITTALS
A. This section specifies general requirements and procedures for contractor’s submissions
of shop drawings, product data, samples and mock-ups to the Owner or the Owner’s
Representative/Consultant for review.
B. Submittal documents reviewed by the Owner or the Owner’s Representative /Consultant
are for design intent only. Review Approvals do not reduce the Contractor or Vendor’s
responsibility for verification of operator requirements, equipment, site conditions,
dimensions, quantities, construction methods, details or code and regulatory requirements.
Corrections or comments made on the review submittals do not relieve the contractor from
compliance with the requirements of the project plans, specifications and contract
documents.
C. The Contractor / Contractors Manager shall verify all field measurements in coordination
with all the affected adjacent areas of Work. The Contractor / Contractors Manager shall
notify the Owner or the Owner’s Representative/Consultant, in writing, of any
discrepancies and deviations between actual site conditions or dimensions and the
information provided in the construction documents.
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Division 01 – General Requirements
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Submittal Procedure 01330 Page - 2
D. The Contractor / Contractors Manager shall indicate materials, methods of construction
and attachment or anchorage, erection diagrams, connections, explanatory notes and
other information necessary for completion of Work. Where articles or equipment attach or
connect to other articles or equipment, indicate that such items have been coordinated,
regardless of Section under which adjacent items will be supplied and installed. Indicate
cross references to design drawings and specifications.
E. The Contractor / Contractors Manager shall review submittals prior to submission to the
Owner or the Owner’s Representative/Consultant verifying all the necessary requirements
have been determined and that each submittal has been checked and coordinated with
requirements of Work and Contract Documents.
1. Present all shop drawings, product data, samples and mock-ups as addressed in
the project construction documents and related project specifications.
2. Notify the Owner or the Owner’s Representative/Consultant, in writing, when
resubmitting, of any revisions other than those requested by Owner or the Owner’s
Representative/Consultant.
3. Submit all submittals promptly and in orderly sequence to not cause delay in Work.
Failure to submit in ample time is not considered sufficient reason for an extension
of Contract Time and no claim for extension by reason of such default will be
allowed.
F. Submittals that are not stamped, signed, dated and identified as to specific project will be
returned without being examined and shall be considered rejected.
G. Do not proceed with work until all relevant submissions have been reviewed by the Owner
or the Owner’s Representative/Consultant.
H. Corrections, modifications or comments made on submittals as part of the review shall not
constitute a change of the contract. The contractor shall inform the Owner or Owner’s
Representative/Consultant of any changes to the contract price prior to any materials
being ordered or work started. Final reviewed Shop Drawings shall not replace or be used
as a vehicle to issue or incorporate change orders or substitutions. Substitutions shall be
submitted in accordance with Section 01250 – Substitution Procedures.
PART 2 – ACTIVE SUBMITTALS
2.1 ACTIVE SUBMITTAL SUBMISSION
A. Coordinate each submission with the requirements of Project W ork and Contract
Documents. Submit submittals, arranged in chronological order by dates required by the
construction schedule.
1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other
submittals, and related activities that require sequential activity.
2. Submit all submittal items required for each Specification Section concurrently
unless partial submittals for portions of the Work are indicated on approved
submittal schedule.
3. Coordinate transmittal of different types of submittals for related parts of the Work
so processing will not be delayed because of need to review submittals
concurrently for coordination.
4. Individual submissions will not be reviewed until all related information is available.
B. Provide Contractor's stamp, signed by Contractor’s authorized Representative/Consultant
certifying approval of submissions, verification of field measurements and compliance with
Contract Documents.
C. Accompany each submittal submission with a transmittal letter containing:
1. Name of Owner and Owners Representative/Consultant.
2. Project title, project number and site address.
3. Submittal identification number and date.
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Division 01 – General Requirements
Grace Hudson Museum Re-Roof Project
Submittal Procedure 01330 Page - 3
4. Contractor’s name and address.
5. Contractor’s submittal preparer’s name and title.
6. Subcontractors, Supplier and manufacturer’s name as applicable.
7. Submittal description with applicable specification section number and title.
8. Drawing number and detail references, as applicable.
9. Identification and quantity of each shop drawing, product data and sample and all
other pertinent data.
10. Date of all revisions with Construction Project title and submittal numbers.
11. Name and address of Subcontractor, Supplier and//or Manufacturer.
D. Do not proceed with work until all relevant submittals have been reviewed by the Owner
or the Owner’s Representative/Consultant
2.2 SHOP DRAWING SUBMITTALS
A. The term "shop drawings" means drawings, diagrams, illustrations, schedules,
performance charts, brochures and other data which are to be provided by the Contractor
to illustrate details of a portion of Work.
B. Shop Drawings shall be drawn accurately to scale. Do not base Shop Drawings on
reproductions of the Contract Documents or standard printed data.
C. Minimum scale for reference drawings is (1/4" = 1'-0"). Minimum scale for detail drawings
1s (1/2" = 1"-0"). Scales must be noted on all documentation. Any drawings which have
been reduced must be so noted.
D. Submit Shop Drawings on sheets at least (8-1/2 by 11 inches) but no larger than (24 by 48
inches).
E. Identify all shop drawings with the name of the Project, list of equipment, description of
materials, classified item numbers and installation locations. Reference project drawing
sheet numbers, details and specification items as shown in the Contract Documents
wherever possible.
F. Shop Drawings shall indicate materials, methods of construction and attachment or
anchorage, erection diagrams, connections, explanatory notes and other information
necessary for completion of Work including but not limited to the following:
1. Scaled Dimensions, including dimensions established by field measurement.
2. Identification of all products and materials included, (size, type and quantity).
3. Connection configurations, attachment and anchorage details.
4. Anchorage and fastener type, (size, type and quantity) as applicable.
5. Compliance with specified standards.
6. Notation of coordination requirements, construction sequences and relationships of
separate components where necessary to avoid conflicts during construction.
7. Indication of deviation from Contract Documents, reproducible in black and white.
8. Seal and signature of professional engineer if specified.
G. Submit electronic copies in scaled PDF format of shop drawings for each requirement
requested in the specification Project Sections and as the Owner or Owner’s
Representative/Consultant may reasonably request.
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Submittal Procedure 01330 Page - 4
2.3 Shop Drawing Review
A. The review of shop drawings by the Owner or Owner’s Representative/Consultant is for
the sole purpose of ascertaining conformance with the general concept of the Protect
Drawings, Details, Specifications and the Contract Documents. Review of the shop
drawings does not reduce or relive the Contractor or Vendor’s responsibility for verification
of operator requirements, equipment, site conditions, dimensions, quantities, construction
methods, details or code and regulatory requirements. Corrections or comments made on
the review submittals do not relieve the contractor from compliance with the requirements
of the project plans, specifications and contract documents. The Contractor is responsible
for dimensions to be confirmed and correlated at the job site, for information that pertains
to fabrication processes or to techniques of construction and installation and for
coordination of the work of all sub-trades.
B. The Contractor / Contractors Manager shall make changes in the shop drawings as the
owner or Owner’s Representative/Consultant has addressed, consistent with the Contract
Documents. When resubmitting, notify the Owner or Owner’s Representative/Consultant in
writing of revisions other than those requested.
C. Changes made on shop drawings by the Owner or Owner’s Representative/Consultant are
not intended to change contract price. If adjustments affect value of Work, state such in
writing to the Owner or Owner’s Representative/Consultant immediately after receipt of
approval of shop drawings. If the value of work is to change a change order must be
issued prior to proceeding with work.
2.4 PRODUCT DATA
A. Submit an electronic copy in PDF format of product data sheets or brochures for
requirements requested in the Specification Sections and as requested by Owner or
Owner’s Representative/Consultant where shop drawings will not be prepared due to
standardized manufacture of product.
1. Supplement standard information to provide details applicable to the Project and
delete all information not applicable to the Project.
2. Cross-reference product data information to applicable portions of the Contract
Documents.
B. If upon review by the Owner or Owner’s Representative/Consultant, no errors or omissions
are discovered, submitted copies will be returned and fabrication and installation of work
may proceed. If shop drawings are rejected, noted copy will be returned and resubmission
of corrected shop drawings, through same procedure indicated above, must be performed
before fabrication and installation of work may proceed.
2.5 SAMPLES
A. Where color, pattern or texture is criterion, submit full range of samples.
B. Submit samples of sufficient size and quantity to clearly illustrate functional characteristics
and full range of colors and patterns. Where sample size has not been specified under
individual section submittal instructions, sample size shall be 8" x 11". For items which
have standard units or sizes (such as tile, etc.) provide three individual units minimum per
color or pattern. Where variations may occur in color or finish, provide number of units/size
of sample to show full range.
C. Make changes in samples, which the Owner or Owner’s Representative/Consultant may
require, consistent with the Contract Documents.
D. Adjustments made on samples by Owner or Owner’s Representative/Consultant are not
intended to change Contract Price. If adjustments affect value of Work, state such in
writing to the Owner or Owner’s Representative/Consultant prior to proceeding with Work.
E. Reviewed and accepted samples will become standard of workmanship and material
against which installed Work will be verified.
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Submittal Procedure 01330 Page - 5
2.6 MOCK -UP
A. Erect mock-ups in accordance with the requirements outlined and specified in each of the
Project Sections as it applies.
PART 3 - EXECUTION
3.1 OWNER / OWNER’S REPRESENTATIVE / CONSULTANT ACTION
A. If necessary, the Owner or the Owner’s Representative/Consultant will request additional
information or documentation within five (5) Business Days of receipt of the Contractor’s
initial submittal. The Owner’s Representative/Consultant will notify the Owner of
recommended acceptance or rejection of the submittal within ten (10) Business Days of
receipt of the request, or five (5) Business Days of receipt of additional information or
documentation, whichever is later. The Owner or the Owner’s Representative/Consultant
will give final acceptance or rejection by the Owner not less than ten (10) Business Days
after receipt of the each submittal.
B. The Owner’s Representative/Consultant will review each submittal, make marks to
indicate corrections or modifications required, and return it. The submittals will be stamped
with an action stamp marked with the appropriate actions as follows:
1. "Approved": The submittal is approved and no further submittal is required.
2. "Furnish as Corrected" (No Resubmission Necessary): The submittal is approved,
with minor corrections marked or noted. No further submittal is required, except
that if the noted corrections are made on the original by the Contractor before
distribution, then two copies shall be forwarded to the Architect for record.
3. "Revise and Resubmit" (Revise and Resubmit as Noted): Portions of the submittal
are acceptable and approved, as noted; however, there are other portions which
are not approved, or yet to be provided. Those portions not approved or
incomplete must be resubmitted as noted. The submittal, in its entirety, will be
approved only upon acceptable submission of non-approved or missing portions,
assuming that nothing in the resubmittal conflicts with the previously approved
portions.
4. "Rejected" (Revise and Resubmit as Noted): This submittal does not meet the
requirements of the Contract Documents. Resubmit information on an item,
component, or layout that will conform to the requirements of the Contract
Documents.
C. Incomplete submittals are not acceptable, will be considered nonresponsive, and will be
returned without review.
D. Submittals not required by the Contract Documents may not be reviewed and may be
discarded.
END OF SECTION
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Division 01 – General Requirements
Grace Hudson Museum Re-Roof Project
Owner Furnished Products / Contractor Installed 01640 Page - 1
DIVISION 01 – GENERAL REQUIREMENTS
SECTION 01640 - OWNER FURNISHED PRODUCTS / CONTRACTOR INSTALLED
PART 1 — GENERAL
1.1 SUMMARY
A. DESCRIPTION: The Owner shall procure and provide certain Garland Roofing Products
and Georgia Pacific DensDeck Materials for installation as shown and specified per the
Contract Documents.
B. RELATED WORK SPECIFIED ELSEWHERE:
1. General: Products furnished and paid for by the Owner are described in the
following technical sections and /or in the Drawings.
2. OWNER SUPPLIED MATERIAL
Note that this project includes the installation of owner-supplied materials; the
Owner has acquired a significant portion of the roofing material required for the
project. It is the responsibility of the contractor to review all materials provided and
supply any balance of materials required for a completed roofing assembly as the
plans, specifications and manufacturers shop drawings show.
1.2 DEFINITIONS
A. GENERAL: The following are used to identify products as noted on the Drawings.
B. OWNER FURNISHED CONTRACTOR INSTALLED (O.F.C.I.): Products or equipment
furnished by the Owner for installation under this contract.
C. OWNER FURNISHED OWNER INSTALLED (O.F.O.I.): Products or equipment to be
provided and installed by the Owner, but requiring surfacing, backing, utility connections or
other preparation under this contract, for proper installation.
D. NOT IN CONTRACT (N.I.C.): Products or equipment to be provided and installed by
Owner, not requiring surfacing, backing, utility connections or other preparation under this
contract.
PART 2 — PRODUCTS
2.1 PRODUCTS
A. ROOFING MATERIAL FURNISHED BY OWNER (O.F.C.I.): Owner-supplied material.
Related specification sections include;
1. Section: 01100 - Summary of Work
2. Section: 01250 – Substitution Procedures
3. Section: 01330 – Submittal Procedures
4. Section: 06100 - Miscellaneous Carpentry
5. Section: 07220 - Roof Deck Board
6. Section: 07410 - Metal roofing Panels – Standing Seam
7. Section: 07620 - Sheet Metal and Flashing
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Division 01 – General Requirements
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Owner Furnished Products / Contractor Installed 01640 Page - 2
B. MATERIAL LIST
Any
material or accessories required for the installation of the roof system in excess of the Owner provided
material must be supplied by the Contractor. It is the responsibility of the Contractor to determine the
precise amount of material required for the completion of this project; and to provide excess material, as
required. The cost to handle and break flashing metal from the Owner provided flat stock is the
contractor’s responsibility. The contractor is responsible to provide approved shop drawings and required
measurements for all sheet metal products.
QUANTITY DESCRIPTION UNIT
SIZE
15,000 ft2
Sloped Roof
Area
R-Mer Span - 18” Galv. Steel G90 22 Ga. THICKNESS
Kynar Finish Including Gable Wall Roof Beam End Caps per sq. ft
34
Fixed Ridge Assembly – Ridge Cap Trim & Off-set Cleats
Ridge Cap Trim G-90 Galvanized Steel 22 gauge 18”-9.5”
R-Mer SS Kynar - Mocha - 10' - 0" section
10’ section
440 Head Closure with Neoprene- 18” (Steel) RSHEADCL18S each
24 Clips - Standard Galvanized - RSCLIPSTDG 100
5 Clips - Gable - 16 gauge RSGABLECPE 25
11 1/8” SS Rivets - Colored to match 250 per bag
2 Zip Screw (Color Match) #8 x 1/2” Round Washer Head 250 per bag
34 Eave Trim 10’-0” Section
G-90 Galv. Steel 22 gauge R-Mer SS Kynar – Mocha 10’ section
8 Eave foam closure 50 ft. roll
23
Expanding Valley Assembly – Valley trim with diverter & Off-
set Cleats G-90 Galv. Steel 22 gauge R-Mer SS Kynar
Mocha - 10' - 0" section
10’ section
18 Valley Trim foam closure 50 ft. roll
44 Valley closure strip – 10’- 0” length 10’ length
5 Rake foam closure 50 ft. roll
15 Butyl Tape - 16 rolls per case Head Closure 45 ft. per roll
2 Tripolymer Sealant Clear, Used for Exposed Areas
(24 tubes per case) – 25 lineal ft. Per Tube 24 tubes
3 Butyl Sealant (for unexposed areas and trim lap joints)
(30 tubes per case) – 25 lineal ft. Per Tube 30 tubes
4 Touch up Paint 2 oz.
36 Eave Edge Stiffener - 10’ length 10’ length
54
Flat Stock 22 ga. Standard Color
G-90 Galv. Steel 22 gauge R-Mer SS Kynar – Mocha
Rake Trim, Gutters, Downspouts, Roof Beam End Caps
4’x10’ Sheet
1 of each Panel Clip Plastic Shims (1/16”, 1/8” & ¼”) - 400 per case 400 per case
78 R-Mer Seal 36” x 73’ Roll underlayment
(200 ft2 coverage per roll) 36”x73’ roll
1 Electric Seamer - Rental 2 Weeks
1 Shop drawings - Required for warranty 101-250 sq.s
30-Year NDL Warranty Metal & BUR / No Charge
Manufacturer Inspections / No Charge Georgia Pacific – Gypsum Products
480 DensDeck Prime – ¼” (4’x8’ Sheet) 4’x8’ Sheet
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Owner Furnished Products / Contractor Installed 01640 Page - 3
PART 3 - EXECUTION
2.2 OWNER'S RESPONSIBILITIES
A. SUBMITTALS: Arrange for and deliver necessary shop drawings, product data and
samples to Contractor.
B. DELIVERY:
1. General: Arrange and pay for product delivery to site, in accordance with
construction schedule.
2. Bill of Materials: Deliver supplier's documentation to Contractor.
3. Inspection: Inspect jointly with Contractor.
4. Claims: Submit for transportation damage and replacement of otherwise
damaged, defective, or missing items.
C. GUARANTEES: Arrange for manufacturer's warranties, bonds, service and inspections as
required.
2.3 CONTRACTOR'S RESPONSIBILITIES
A. SUBMITTALS: Review shop drawings, product data and samples and submit to The City
of Ukiah with notification of any discrepancies or problems anticipated in use of product.
B. DELIVERY:
1. General:
a. At the time of submittal of Project Submittals provide measurements
needed for all components needed to be ordered.
b. Designate the delivery date for each product in Progress Schedule.
2. Receiving: Receive and unload products at site. Handle products at site, including
uncrating and storage.
3. Inspection: Promptly inspect products jointly with Owner; record shortages,
damaged or defective items.
4. Storage: Protect products from damage or exposure to elements.
C. INSTALLATION:
1. General: Assemble, install, connect, adjust and finish products, as stipulated in the
respective section of Specifications.
2. Repair and Replacement: Items damaged during handling and installations are
responsibility of contractor.
END OF SECTION
Page 296 of 589
Division 2 – Site Work
Grace Hudson Museum Re-Roof Project
Selective Demolition 02070 Page - 1
DIVISION 02 – EXISTING CONDITIONS
SECTION 02070 - SELECTIVE DEMOLITION
PART 1 - GENERAL
1.1 DESCRIPTION
A. This Section describes the requirements for Selective Demolition and removal of portions
of the existing building to accommodate New Work under other Sections, including, but not
limited to the existing standing seam roofing system, eaves, fascia, overhangs, and soffits
(as needed), and to any existing functioning, nonfunctioning or abandoned roof equipment
and penetrations.
1.2 RELATED DOCUMENTS
A. Project sheet drawings, details, specifications, addenda and general provisions of the
Contract, including Contract General Conditions and Supplementary General Conditions
and other Division 1 Specification Sections apply to this Section.
B. Related Sections:
1. Section: 01100 - Summary of Work
2. Section: 06100 - Miscellaneous Carpentry
3. Section: 07220 - Roof Deck Board
4. Section: 07410 - Metal roofing Panels – Standing Seam
5. Section: 07620 - Sheet Metal and Flashing
1.3 SUMMARY
A. Removal of the existing standing seam steel roofing system, removal of the existing gable
wall roof beam sheet metal end caps, replace or repair all fungus or water damaged
nonstructural and structural wood elements, and all unforeseen related demolition and
repair work as needed for the installation of a complete and weatherproof class (A) fire
rated standing seam steel roofing assembly
1.4 QUALITY ASSURANCE
A. Except for items or materials indicated to be reused, salvaged, reinstalled, or otherwise
indicated to remain, demolished materials shall become the Contractor's property, and
shall be removed from Project Site.
1.5 PROJECT CONDITIONS
A. The Museum will be open to the public during standard operating hours and Museum Staff
will be occupying the building and the immediate areas surrounding the construction work.
All safety measures shall be applied and adhered to by the Contractor in accordance to
the Project Related Sections and Contract Documents. The Contractor shall provide not
less than seventy two (72) hours written notice to the City of Ukiah and the City of Ukiah's
Project Manager regarding activities that will impact the security of the Museum or its
contents, beyond the Contractor's normal working hours.
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Selective Demolition 02070 Page - 2
B. Access:
1. The Contractor shall maintain access to Museum, unaffected areas of the site and
other adjacent facilities.
2. The Contractor shall not close or obstruct, occupied and unoccupied facilities,
parking lots, driveways and walkways without written permission from the City of
Ukiah.
3. Utility Service: The Contractor shall maintain existing utilities and protect them
against damage during construction, especially fire suppression and security
systems, including fences and gates currently securing the property.
PART 2 - PRODUCTS
2.1 REPAIR MATERIALS
A. Use repair materials identical to existing materials.
1. If identical materials are unavailable or cannot be used for repair of exposed
surfaces, use materials that visually match existing adjacent surfaces, to the fullest
extent possible.
2. Use materials whose installed performance equal or surpasses that of existing
materials.
PART 3 – EXECUTION
3.1 EXAMINATION OF EXISTING CONDITIONS
A. The Contractor shall survey the existing conditions of the site, and correlate with
requirements indicated in the Construction Documents, to determine extent of Selective
Demolition required
B. Where unanticipated mechanical, electrical, or structural elements conflict with intended
function or design are encountered, investigate and document the nature and extent of
conflict, and promptly submit a written report to the City of Ukiah for clarification on how to
proceed with the Work.
C. Perform surveys as the Work progresses to detect possible hazards resulting from
Selective Demolition activities, and report to the City of Ukiah for clarification on how to
proceed with the Work.
3.2 PREPARATION
A. Site Access and Temporary Controls:
1. Conduct Selective Demolition and debris removal operations to ensure minimum
interference with other areas of the site, including, streets, walks, walkways, and
other adjacent occupied facilities, or the occupants of neighboring properties.
B. Protect existing site improvements, appurtenances, and landscaping not part of this work
and scheduled to remain.
C. Provide protection to ensure the safe passage of people around Selective Demolition
activities, and to other areas of the project site.
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Grace Hudson Museum Re-Roof Project
Selective Demolition 02070 Page - 3
3.3 SELECTIVE DEMOLITION
A. General:
1. Remove existing metal roofing system down to the existing Garland R-Mer
underlayment on the plywood roof deck. Remove damaged existing construction,
only to the extent required to accommodate the new work, and as indicated in the
Project Construction Documents. Use methods required to complete the work,
within the limitations as follows:
2. Remove decayed, vermin or fungus-infested, or otherwise dangerous or unsuitable
materials.
3. Remove all such materials, and lower to ground by methods suitable to avoid free
fall, and to prevent ground impact or dust generation.
4. Dispose of demolished items and materials promptly.
5. Return elements of construction and surfaces that are to remain, to their condition
existing prior to any Selective Demolition operations.
B. For all removed and reinstalled items, the Contractor shall comply with the following:
1. Clean and repair items to functional condition and adequate for the intended reuse.
Paint equipment to match new equipment.
2. Protect items from damage during transport and storage.
3. Reinstall items in locations indicated on the Construction Documents, and comply
with the installation requirements for new materials and equipment.
4. Provide connections, supports, and miscellaneous materials necessary to make
reuse items functional for the use indicated in the Construction Documents, or that
can reasonably be inferred.
C. Existing Items to Remain:
1. Protect construction indicated to remain, against damage and soiling during
Selective Demolition activities. When permitted by the City Ukiah, items may be
moved to a suitable, protected storage location, during Selective Demolition, until
reinstalled in their original locations after Selective Demolition operations are
complete.
D. Cleaning:
1. Clean adjacent structures and improvements of dust, dirt, and debris, caused by
Selective demolition operations. Return adjacent areas to condition existing prior
to Selective Demolition operations’.
3.4 PATCHING AND REPAIRS
A. General:
1. Promptly repair all damage to adjacent construction caused by Selective
Demolition operations.
B. Repairs:
1. Where repairs to existing surfaces are required, patch to produce surfaces suitable
for new materials.
C. Finishes:
1. Restore exposed finishes of patched areas or areas damaged by construction, and
extend restoration into adjoining construction in a manner that eliminates evidence
of patching and refinishing.
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Grace Hudson Museum Re-Roof Project
Selective Demolition 02070 Page - 4
3.5 DISPOSAL OF DEMOLISHED MATERIALS
A. General: Promptly dispose of demolished materials. Do not allow demolished materials to
accumulate on-site.
B. Disposal: Transport demolished materials off the City of Ukiah's property and legally
dispose of them.
END OF SECTION
Page 300 of 589
Division 6 – Wood & Plastic
Grace Hudson Museum Re-Roof
Carpentry 06100 Page - 1
DIVISION 06 - WOOD & PLASTICS
SECTION 06100 – MISCELLANEOUS CARPENTRY
PART 1 – GENERAL
1. 1 RELATED DOCUMENTS
A. Project sheet drawings, details, specifications, addenda and general provisions of the
Contract, including Contract General Conditions and Supplementary General Conditions
and other Division 1 Specification Sections apply to this Section.
B. Related Sections:
1. Section: 01100 - Summary of Work
2. Section: 02010 - Selective Demolition
3. Section: 07220 - Roof Deck Board
4. Section: 07410 - Metal roofing Panels – Standing Seam
5. Section: 07620 - Sheet Metal and Flashing
C. Governing Documents include:
1. Current California Building Code & Related Standards (CBC)
2. American Society of Testing and Materials (ASTM).
3. West Coast Lumber Inspection Bureau's (WCLIB) ''Standard Grading Rules" B.
Guideline Standards for Quality of Work
4. National Design Specification for Wood Construction (NOS)
5. American National Standard Institute (ANSI)
1.2 SUMMARY
A. This Section Includes all Miscellaneous Carpentry required to complete the work as
required and specified in the Construction Documents.
B. Carpentry includes, but is not limited to selective demolition and rebuilding of the existing
roof eaves, soffits, and fascia as needed to accommodate the New Work. Also, for tear-off
and replacement of plywood and other roof and decking material as needed for the
installation of a complete and weatherproof class (A) fire rated standing seam steel roof ing
assembly. This Work will be completed at a fixed material and/or hourly rate as agreed to
as part of this contract.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Wood: The following shall apply:
1. Framing Lumber: (S4S) Douglas Fir No. (2) & Better grade, (19%) moisture content
maximum or as specified in the project Sheet Drawing, Details and Specifications.
2. Fascia & Soffit Trim Boards: Redwood. kiln dried, clear heart or better. Match
existing sizes and profiles.
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Division 6 – Wood & Plastic
Grace Hudson Museum Re-Roof
Carpentry 06100 Page - 2
B. Fasteners: The following shall apply or as specified in the project Sheet Drawing, Details
and Specifications:
1. Vinyl coated nails shall be used for weather protected framing conditions.
2. Hot dipped galvanized or stainless nails shall be used for all exterior weather
exposed locations.
3. Construction Adhesive: Dap Latex Construction and Sub-Floor Adhesive, or
approved equal.
PART 3 - EXECUTION
3.1 CARPENTRY GENERAL
A. Carpentry shall be done by competent workmen, experienced in Work of the types
specified herein, and in accordance with the best standards of carpentry practice.
B. Workmanship: Fit members closely, set accurately to required lines and levels, and secure
rigidly in place. Set horizontal and inclined members with crown edge up. Bolt, nail, and
spike thoroughly with not less than sizes and quantities required to conform to Chapter 23
of the current California Building Code (CBC), and provide full contact at all bearing
surfaces for structural members.
C. Verify all conditions at the Project site, affecting the Work. Coordinate carpentry with
rough-ins and installations under other sections Work applying to this Project.
3.2 FINISH CARPENTRY GENERAL
A. Completed exposed work shall be free of dents and tool marks, un-sanded or rough faces
(unless scheduled to be so), or other detracting appearance defects and issues.
B. Care should be taken to match existing finish appearance, with tight miter and butt joints.
C. Set and putty all nail heads, and prep for painting or specified finishes, unless scheduled
to be natural finish.
END OF SECTION
Page 302 of 589
Division 07 – Thermal & Moisture Protection
Grace Hudson Museum Re-Roof
Roof Deck Board 07220 Page - 1
DIVISION 07 – THERMAL & MOISTURE PROTECTION
SECTION 07220 - ROOF DECK BOARDS
PART 1 – GENERAL
1.1 RELATED DOCUMENTS
A. Project sheet drawings, details, specifications, addenda and general provisions of the
Contract, including Contract General Conditions and Supplementary General Conditions
and other Division 1 Specification Sections apply to this Section.
B. Related Sections:
1. Section: 01100 - Summary of Work
2. Section: 01250 – Substitution Procedures
3. Section: 01330 – Submittal Procedures
4. Section: 01640 - Owner Furnished Contractor Installed Materials
5. Section: 02010 - Selective Demolition
6. Section: 06100 - Miscellaneous Carpentry
7. Section: 07410 - Metal roofing Panels – Standing Seam
8. Section: 07620 - Sheet Metal and Flashing
1.2 SUMMARY
A. Section includes material and installation specifications for Dens Deck fiberglass-mat
faced gypsum roof boards for application over a properly prepared wood plywood roof
deck substrate for the installation of a complete and weatherproof class (A) fire rated
standing seam steel roofing assembly.
B. Items specified in this section are applicable whether shown or not.
1.3 REFERENCES
A. ASTM International (ASTM):
1. ASTM C209 Standard Test Method for Cellulosic Fiber Insulating Board.
2. ASTM C472 Standard Test Methods for Physical Testing of Gypsum, Gypsum
Plasters and Gypsum Concrete.
3. ASTM C473 Standard Test Methods for Physical Testing of Gypsum Panel
Products.
4. ASTM C1177 Standard Specification for Glass Mat Gypsum Substrate for Use as
Sheathing.
5. ASTM D3273 Standard Test Method for Resistance to Growth of Mold on the
Surface of Interior Coatings in an Environmental Chamber.
6. ASTM E84 Standard Test Method for Surface Burning Characteristics of Building
Materials.
7. ASTM E96 Standard Test Methods for Water Vapor Transmission of Materials.
8. ASTM E108 Standard Test Methods for Fire Tests of Roof Coverings.
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Grace Hudson Museum Re-Roof
Roof Deck Board 07220 Page - 2
9. ASTM E136 Standard Test Method for Behavior of Materials in a Vertical Tube
Furnace at 750 C.
10. ASTM E661 Standard Test Method for Performance of Wood and Wood-Based
Floor and Roof Sheathing Under Concentrated Static and Impact Loads.
B. Underwriters Laboratories (UL) - UL 790 Standard Test Methods for Fire Tests of Roof
Coverings.
C. Factory Mutual Research (FM) - Roof Assembly Classifications.
D. National Roofing Contractors Association (NRCA) - Roofing and Waterproofing Manual.
E. Underwriters Laboratories, Inc. (UL) - Fire Hazard Classifications.
F. Warnock Hersey (WH) - Fire Hazard Classifications.
G. Sheet Metal and Air Conditioning Contractors National Association (SMACNA)
H. Steel Deck Institute, St. Louis, Missouri (SDI).
1.4 SUBMITTALS
A. Product data and Installation Instructions:
1. Submit Dens Deck Board Manufacturer’s product data sheets including substrate
preparation, installation instructions, specified fastener type and fastener
placement required for the project roof deck and manufacturer’s roofing system.
2. Provide approval letters from both the Dens Deck Board and Roofing
Manufacturers for use of the Dens Board Deck Board within the project specified
roofing system.
B. Certification:
1. Provide approval letters from the Roof Manufacturer’s specifying the Dens Deck Board
fasteners furnished, and placement of fasteners is acceptable for the project specified
roofing system.
2. Provide approval letters from the Roofing Manufacturer that the Dens Deck Board used
within the project roofing system meets a certified and approved Class (A) fire rated
roofing assembly.
E. Submit roof manufacturer’s certification that Dens Deck Board furnished is acceptable to
Roof Manufacturer as a component of the roofing system and is eligible for the Roof
Manufacturer’s system warranty.
1.5 QUALITY ASSURANCE
A. Manufacturer’s Certificate: Certify that roof system furnished is approved by Factory
Mutual, Underwriters Laboratories, Warnock Hersey or approved third party testing facility
in accordance with ASTM E108, Class (A) for external fire and meets local or nationally
recognized building codes.
B. Manufacturer’s Certificate: Certify that the roof system is fastened to meet or exceed the
requirements of FM 1-90.
C. Pre-installation meeting: Refer to Division 07 roofing specifications for pre-installation
meeting requirements.
D. Inspection: Where applicable, allow for Owner’s inspection and moisture testing and
reporting prior to installation of Dens Deck Roof Boards.
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1.6 DELIVERY, STORAGE, AND HANDLING
A. Deliver products to site with seals and labels intact, in manufacturer’s original containers,
dry and undamaged.
1. Any protective, plastic factory packaging that is used to wrap the Dens Deck Roof
Boards for shipment is intended to provide temporary protection from moisture
exposure during transit only and is not intended to provide protection during
storage after delivery.
2. Remove any plastic packaging from the Dens Deck Roof Boards immediately upon
receipt of delivery. Failure to remove plastic packaging may result in entrapment of
condensation or moisture.
B. Store all Dens Deck Board materials in a manner to protect them from the wind, sun and
moisture damage prior to and during installation. Any Dens Deck material that has been
exposed to any moisture shall be removed from the project site.
1. Keep materials enclosed in a watertight, ventilated enclosure.
2. Store materials off the ground. Use adequate supports to keep the bundles flat,
level and dry. Any warped, broken or wet Dens Deck Boards shall be discarded.
C. Care should be taken during installation to avoid the accumulation of moisture in the
system. Roof boards shall be covered the same day as installed. Avoid application of roof
boards during rain, heavy fog and any other conditions that may deposit moisture on the
surface. Avoid the overuse of non-vented, direct-fired heaters during winter months. Any
warped, broken or wet Dens Deck Boards that occurs during installation shall be removed
and replaced.
1.7 FIELD CONDITIONS
A. Application standards shall be in accordance with design assembly specifics, system
manufacturer requirements and the Dens Deck Roof Board Application and Technical
Guidelines.
B. Do not install Dens Deck Boards that that are moisture damaged. Indications that panels
are moisture damaged include, but not limited to, discoloration, sagging, or irregular
shape.
C. Installed Dens Deck Roof Boards shall be dry, with free moisture content of less than 1%
using a moisture meter that has been set to the gypsum scale, before applying adhesive,
asphalt or membrane.
D. All components used in roofing systems, including Dens Deck Roof Boards, shall be
protected from exposure to moisture before, during and after installation.
PART 2 - PRODUCTS
2.1 PRODUCTS - GENERAL
A. Basis of Design:
1. Materials, manufacturer’s product designations, and/or manufacturer’s names
specified herein shall be regarded as the minimum standard of quality required for
work of this Section. Comply with all manufacturer and contractor/fabricator quality
and performance criteria specified in Part 1 of this Section.
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B. Substitutions:
1. Products proposed as equal to the products specified in this Section shall be
submitted in accordance with Section 1250 – Substitution Procedures and Bidding
Requirements and as outlined below:
a. Proposals shall be accompanied by a copy of the manufacturer’s standard
specification section. That specification section shall be signed and sealed
by a professional engineer licensed in the state in California. Substitution
requests containing specifications without licensed engineer certification
shall be rejected for non-conformance.
b. Include a list of three (3) projects of similar type and extent, located within a
one hundred mile radius from the location of the project. In addition, the
three projects must be at least five (5) years old and be available for
inspection by the City of Ukiah or their Representative.
c. Equivalency of performance criteria, warranty terms, submittal procedures,
and contractual terms will constitute the basis of acceptance.
d. The City of Ukiah decision regarding substitutions will be considered final.
Unauthorized substitutions will be rejected.
2.2 DENS DECK ROOF BOARD MATERIALS
A. Dens Deck Roof Board:
1. Qualities: Nonstructural glass mat faced, noncombustible, water resistant treated
gypsum core panel.
2. Board Size: Four feet by eight feet (4’x8’).
3. Thickness: Five Eighths (1/4) inch.
4. R-Value: 0.28 (Dens Board only).
5. Compliances: UL, WH or FM listed under Roofing Systems.
2.3 RELATED MATERIALS
A. Fasteners:
1. Corrosion resistant screw fastener as specified by the Dens Deck Board and
Roofing Manufacturers.
2. Factory Mutual Tested and Approved with three (3) inch coated disc for I-90 rating
for installation and penetration below and existing plywood deck.
2.4 MANUFACTURERS
A. Georgia-Pacific Gypsum LLC products as specified herein.
2.5 COATED PRIME FIBERGLASS-MAT FACED GYPSUM DENS DECK ROOF BOARDS:
A. Fiberglass Mat Faced Gypsum Roof Board:
1. Georgia Pacific DensDeck® Prime with EONIC™ Technology Roof Boards.
2. Thickness: 1/4 inch.
3. 4’ x 8’ sheet boards.
4. Weight:1.2 psf
5. Surfacing: Primed Fiberglass Mat.
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6. Flexural Strength, Parallel (ASTM C473): 40 lbf, minimum.
7. Flute Span (ASTM E661): 2-5/8 inches.
8. Permeance (ASTM E96): Greater than 30 perms.
9. R-Value (ASTM C518): 0.28.
10. Water Absorption (ASTM C473): Less than 5 percent of weight.
11. Surface Water Absorption (ASTM C473): Nominal 1.0 grams.
12. Compressive Strength (Applicable Sections of ASTM C472): Nominal 900 pounds
per square inch.
13. Flame Spread/ Smoke Development (ASTM E84): Not more than 0 Flame Spread,
0 Smoke Development
14. Combustibility (ASTM E136): Noncombustible
15. Fire resistance rating (UL 790 and ASTM E108): Class A
16. Mold Resistance (ASTM D3273): Scored a 10
PART 3 – EXECUTION
3.1 INSTALLATION
A. Attachment with Mechanical Fasteners:
1. Corrosion resistant screw fastener as specified by the Dens Deck Board and
Roofing Manufacturers.
2. Factory Mutual Tested and Approved with three (3) inch coated disc for I-90 rating
for installation and penetration below and existing plywood deck.
3. Fastener placement as specified by the Dens Deck Board and Roofing
Manufactures for a Class (A) Fire Rated Roof Assembly with a Garland R-Mer
Span roofing system mounted on hat channels secured to the structural framing of
the roof with combustible plywood roof deck.
3.2 CLEANING
A. Remove debris and cartons from roof deck. Leave insulation clean and dry, ready to
receive a Garland R-Mer Seal roofing underlayment or an equivalent underlayment as
approved by the Roofing Manufacture and the City of Ukiah.
3.3 CONSTRUCTION WASTE MANAGEMENT
A. Remove and properly dispose of waste products generated during installation. Comply
with requirements of authorities having jurisdiction.
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PART 4 - OWNER SUPPLIED MATERIALS
4.1 MATERIAL QUANTITIES
A. Contractor must include in their base bid any additional materials to complete the roofing project.
Contractor must provide all labor to install owner-supplied materials as part of their bid. All materials not
specifically included in the owner-supplied materials section will be the responsibility of the contractor to
provide and install in compliance with sections 07220, 0741 and 07620. Freight charges of Owner
supplied materials will be the responsibility of the Owner. Contractor must take delivery of materials,
properly cover and store at jobsite or their shop. Contractor must be able to provide certification in writing
from roof system manufacturer that the contractor is approved to install the specified roof system and
provide all warranty requirements of sections 0741 and 07620. The Owner will supply the materials and
quantities as listed in section 01640.
END OF SECTION
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DIVISION 07 – THERMAL & MOISTURE PROTECTION
SECTION 07410: METAL ROOFING PANELS - STANDING SEAM
PART 1 - GENERAL
1.1 DESCRIPTION
A. Work described in this section applies to a completed Class (A) Fire Rated roofing
assembly consisting of a factory finished preformed standing seam steel roofing system on
an existing combustible plywood roof deck with new ¼” Dens Deck Board covered with
Garland R-Mer Seal or an equivalent 40 mil minimum high temperature peal and stick
underlay suitable for vertical applications at curbing and parapet walls. The manufactured
metal roofing system shall incorporate standing seam steel roofing panels, clips, steel hat
channels, perimeter flashing and trim, roof penetration flashing and counterflashing, ridge
caps, valley and ridge trim assemblies, eave closures assemblies, eave drip stiffeners,
coping and rake trim, gutters with expansion joints, down spouts and all miscellaneous
sheet metal flashing / trim, closure foam, sealants and fasteners to complete a waterproof
Class (A) fire rated roofing assembly.
1.2 RELATED DOCUMENTS
A. Project sheet drawings, details, specifications, addenda and general provisions of the
Contract, including Contract General Conditions and Supplementary General Conditions
and other Division 1 Specification Sections apply to this Section.
B. Related Sections:
1. Section: 01100 - Summary of Work
2. Section: 01250 – Substitution Procedures
3. Section: 01330 – Submittal Procedures
4. Section: 01640 - Owner Furnished / Contractor Installed Products
5. Section: 02010 - Selective Demolition
6. Section: 06100 - Miscellaneous Carpentry
7. Section: 07220 - Roof Deck Board
8. Section: 07620 - Sheet Metal and Flashing
1.3 SUMMARY
A. This section includes materials, fabrication and installation specifications for the standing
seam steel roofing panels, gutters and accessories as specified in the project contract
documents for installation of a complete and weatherproof class (A) fire rated standing
seam steel roofing assembly.
B. Items specified in this section are applicable whether shown or not.
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1.4 SUBMITTALS
A. Submittals shall be prepared in accordance to Section 01330 – Submittal Procedures.
B. Shop Drawings:
1. Show fabrication and installation layouts of sheet metal roofing system, including plans,
elevations, sections, expansion joint locations, keyed details and project specific
specifications. Distinguish between shop and field assembled work. Provide shop
drawings of the roofing system with flashings and accessories in project specific sheet
drawings with associated fabrication and installation details.
2. Include metal thickness and finishes, panel lengths, joining details, fastening
anchorage details, flashings and special fabrication provisions for termination and
penetrations. Indicate relationships with adjacent and interfacing work.
3. Shop drawings must be completed by the metal panel manufacturer’s engineering
department. Any and/or all changes recommended by the successful bidder must
be approved by the manufacturer in writing prior to submittal.
C. Product Data: Include manufacturer’s detailed material and system description, sealant
and closure installation instructions, engineering performance data and finish
specifications.
D. Design Test Reports:
1. Provide pullout values of the fastener types and spacing’s as indicated on the
project drawings.
2. Submit copy of manufacturer’s minimum design load calculations according to
ASCE-7-16. See Garland calculations as indicated on drawings.
3. Submit copy of certification from manufacturer stating that specified system has
been tested in accordance with ASTM E1592 requirements by an independent
Engineering Firm. All test results must be submitted including Air (ASTM E 283)
Infiltration Tests. These test results must meet or exceed those listed in Section 1.8
(Performance Criteria) and be stamped by an independent Engineering Firm.
1.5 INSTALLER QUALIFICATIONS
A. Installer:
1. Engage an experienced metal roofing contractor (erector) to install a standing
seam system who has a minimum of five (5) years’ experience specializing in the
installation of structural standing seam metal roof systems.
2. Contractor must be certified by the Roofing Manufacturer specified as the supplier
of structural standing seam system and obtain written certification from
manufacturer that installer is approved for installation of the specified system. The
contractor must supply a copy of this certification to the City of Ukiah prior to
proceeding with the roofing installation.
3. The contractor is required to maintain a full-time supervisor / foreman who is on the
job-site at all times during installation of new roof system. Foreman must have a
minimum of five (5) years’ experience with the installation of system similar to that
specified.
1.6 MANUFACTURER QUALIFICATIONS
A. The materials outlined in the Material and Method Specifications are based on the
performance characteristics of the R-Mer Span - Steel Panel system by the Garland
Company. Metal panels must be pre-manufactured in the roofing manufacturer’s shop and
engineered for this project. Roofing panels will not be allowed to be formed at the job-site.
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B. Should the bidder wish to propose an alternate manufacturer and/or material than that
specified, Section 1250 – Substitute Procedures must be followed and address the
requirements as outlined below:
1. Submit certified test reports from a testing laboratory that bear the stamp of a
registered California P.E. to show compliance with specified performance criteria.
Test reports must meet the specified negative uplift pressures as listed per this
specification for the gauge, panel width and clip spacing specified as confirmed by
manufacturers ASTM E1592 test results. See Garland calculations as indicated on
drawings.
2. Empirical calculations for roof performance shall only be acceptable for positive
loads.
3. Indicate fastener types and spacing’s and provide fastener pullout values.
4. Submit copy of manufacturer’s Factory Mutual Certification for specified
system. See Garland calculations as indicated on drawings.
5. Submit copy of certification from manufacturer stating that specified system has
been tested in accordance with ASTM E1592 requirements by an Independent
Engineering Firm. All test results must be submitted including Air (ASTM E 283)
Infiltration and meet or exceed those listed in Section 1.8 (Performance Criteria).
6. A list of a minimum of five (5) jobs where the proposed alternate material was used
under similar conditions. The reference list shall include date of project, size of
project, address and contact telephone number.
7. A financial statement demonstrating a current ratio of 2:1 (current assets to current
liabilities).
8. A written statement from the manufacturer stating that they will provide the building
owner with a daily site inspection for a minimum of one (1) hour by an experienced,
full time employee of the company.
9. A written statement from a corporate officer of the manufacturing company stating
that he or she has reviewed the specifications and confirms that the proposed
system meets or exceeds all performance requirements listed as well as meets the
panel size, gauge, weight, clip design, sealant design, uplift pressures and height
of the vertical seam.
10. A copy of manufacturer’s 30 year NDL roofing system warranty.
C. The following samples must be submitted by alternate manufacturers:
1. Submit sample of panel section, at least 6” x 6” showing seam profile and also a
sampler of color selected.
2. Submit sample of panel clip(s).
D. The City of Ukiah decision regarding substitutions will be considered final. Unauthorized
substitutions will be rejected.
1.7 DELIVERY, STORAGE, AND HANDLING
A. Manufacturer’s responsibility:
1. Protect components during fabrication and packing from mechanical abuse, stains,
discoloration, and corrosion.
2. Provide protective interleaving between contact areas of exposed surfaces to
prevent abrasion during shipment, storage, and handling.
3. Deliver materials in sealed packages, with Manufacturer’s labels intact and legible.
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B. Installer’s responsibility:
1. Store materials off ground providing for drainage; under cover providing for air
circulation; and protected from wind movement, foreign material contamination,
mechanical damage, cement, lime or other corrosive substances.
2. Handle materials to prevent damage to surfaces, edges and ends of roofing sheets
and sheet metal items. Damaged material shall be rejected and discarded.
1.8 JOB CONDITIONS
A. Determine that work of other trades will not hamper or conflict with necessary fabrication
and storage requirements for preformed metal roofing system.
B. Protection:
1. Provide protection or avoid traffic on completed roof surfaces.
2. Support no roof-mounted equipment directly on roofing system.
C. Ascertain that work of other trades which penetrates the roof or is to be made watertight by
the roof is in place and approved prior to installation of roofing.
1.9 QUALITY CRITERIA
A. Applicable standards:
1. American Iron and Steel Institute (AISI): S100-07 Specification for the Design of
Cold-Formed Steel Structural Members.
2. American Society for Testing and Materials (ASTM): A653 Specification for Steel
Sheet Zinc-coated (galvanized) or Zinc- Iron Alloy-coated (Galvannealed) by the
Hot-Dip process. E283 Test Method for Rate of Air Leakage Through Exterior
Windows, Curtain Walls, and Doors Under Specified Pressure Differences Across
the Specimen. E1592-01 Standard Test Method for Structural Performance of
Sheet Metal Roof and Siding Systems by Uniform Static Air Pressure Difference.
3. Sheet Metal and Air Conditioning Contractors National Association (SMACNA):
Architectural Sheet Metal Manual, Latest Edition.
4 Underwriters’ Laboratories (UL): Standard UL – 580 Tests for Wind-Uplift
Resistance of Roof Assemblies. Standard UL – 790 Class A Fire Rated Materials.
B. Applicable erection tolerances:
1. Shim and align metal roof panel units within installed tolerances of (1/4 inch in 20
feet; 3/8” in 40 feet) on slope and location lines as indicated and with (1/8 inch)
offset of adjoining faces and of alignment of matching profiles.
1.10 PERFORMANCE CRITERIA
A. Thermal Movement:
1. Completed metal roofing and flashing system shall be capable of withstanding
expansion and contraction of components caused by changes in temperature
without buckling, producing excess stress on structure, anchors or fasteners, or
reducing performance ability.
2. Interface between panel and clip shall provide for unlimited thermal movement in
each direction along the longitudinal direction.
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B. Uniform wind load capacity:
1. Capacity shall be determined using pleated airbag method in accordance with
ASTM E 1592, testing of sheet metal roof panels as follows:
a. (7.1) Roof test specimens shall be either full length or representative of
the main body of the roof, free from edge restraint or perimeter
attachments, continuous over one or more supports, and containing at least
five panel modules for standing seam roof.
b. (7.1.2) No attachments shall be permitted at sides or end perimeter other
than those that occur uniformly throughout roof. Side and end seals shall be
flexible and in no way restrain crosswise distortion of panels.
c. (7.2.1) Panels and accessories shall be production materials of same type
and thickness proposed for use on project.
2. Installed roof system shall carry positive uniform design loads with a maximum
system deflection of L/180 as measured at the rib (web) of the panel.
C. Underwriters’ Laboratories, Inc., (UL) fire resistance A ratings for roof assemblies.
Underwriters’ Laboratories, Inc., (UL) Class A fire rated materials per UL 790.
D. ASTM E283: Static pressure air infiltration:
Pressure Leakage Rate
1.57 PSF 0.0007 cfm/sq.ft.
6.24 PSF 0.0002 cfm/sq.ft.
20.0 PSF 0.0036 cfm/sq.ft.
E. Water penetration (dynamic pressure): No water penetration, other than condensation,
when exposed to dynamic rain and 70 mph wind velocities for not less than five minutes
duration, when tested in accord with principles of ASMA 501.1.
F. Capacities for gauge, span or loading other than those tested may be determined by
interpolation of test results within the range of test data. Extrapolation for conditions
outside test range are not acceptable.
G. Cool Roof Features:
a. Aged Solar Reflectance = 0.20 or higher
b. Thermal Emittance = 0.75 or higher
c. SRI+ = 106 (initial) / 97 (3 years)
d. CRFC ID product = 0700-0028
1.11 WARRANTIES
A. The City of Ukiah shall receive ONE WARRANTY from the Roofing Manufacturer covering
all of the following criteria. Multiple warranties are NOT acceptable:
1. Manufacturer’s 30 year no dollar limit (NDL) watertight warranty.
2. Manufacturer’s warranty shall be a total systems warranty for a complete
weatherproof class (A) fire rated standing seam metal roofing assembly. The Roof
Manufacturer further warrants that the roof system will not leak due to
manufacturing defects or defective workmanship by the installation contractor.
3. The Roofing Manufacturer will pay all authorized costs of repairs to the roofing
system necessary to stop any leaks caused by defective materials or workmanship
that occur within thirty (30) years from the final completion date, with no dollar cost
limit to the City of Ukiah
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4. Pre-finished metal material shall require a written thirty (30) year non-prorated
warranty covering fade, chalking and film integrity. The material shall not show a
color change greater than 5 NBS color units per ASTM D2244 or chalking excess
of 8 units per ASTM D659. If either occurs material shall be replaced per warranty,
at no cost to the City of Ukiah.
1.12 PRE-INSTALLATION CONFERENCE
A. Conduct pre-installation meeting at project site before each construction activity that
required coordination with installation of preformed metal roofing system.
B. The Roofing and Substrate Installer, a Representative from the Garlands Technical Team
and an Engineering Representative for the City of Ukiah shall be present.
C. Advise the City of Ukiah of scheduled meeting dates a minimum of fourteen (14) days in
advance.
D. Review progress of other construction activities and preparations for particular activity
under construction at each pre-installation conference.
E. Record significant discussions and agreements/disagreements of each conference, along
with approved schedule. Distribute record of meeting to everyone concerned, promptly,
including the City of Ukiah and their Project Representative.
F. Do not proceed if conference cannot be successfully concluded. Initiate whatever actions
are necessary to resolve impediments to performance of work and reconvene conference
at earliest feasible date.
PART 2 – PRODUCTS
2.1 MATERIALS
A. Metal Roofing System:
1. Whenever a particular make of material, trade name and/or manufacturer’s name is
specified herein, it shall be regarded as being indicative of the minimum standard of
quality required.
B. Panel Material:
1. Garland 22-gauge G-90 Galvanized Steel R-Mer Span Standing Seam Panels:
a. Panel Width = 18”
b. Standing Seam Height = 23/8”
c. Standing Seam Width = 1”
2. ASTM ASTM A 653/A 653M G-90 galvanized steel.
3. High gloss, factory painted Kynar 500 fluorocarbon Mocha finish (30 year
warranty).
C. Gutter and Downspout Material:
1. Roof Gutters & Downspouts shall be fabricated from Garland 22-gauge G-90
Galvanized Steel R-Mer SS Sheet Stock.
2. ASTM A 653/A 653M G-90 galvanized steel.
3. High gloss, factory painted Kynar 500 fluorocarbon Mocha finish to match R-Mer
Span Roof Panels of same type kind and quality (30 year warranty).
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D. Finish on surfaces:
1. Exposed surfaces on Steel: Metal roofing, gutters, ridge caps, drip stiffener, and
flashing components shall receive factory applied Kynar 500 paint finish Mocha
Color.
2. Coating system shall provide nominal 1.0 mil dry film thickness, consisting of
primer and color coat.
E. Characteristics:
1. Configuration: Standing seams incorporating mechanically interlocked, concealed
anchor clips allowing unlimited thermal movement only in longitudinal direction of
the panel and of configuration which will prevent entrance or passage of water:
a. Panel/Cap configuration must have a total of four (4) layers of steel
surrounding anchor clip for prevention of water infiltration and increased
system strength designed to limit potential for panel blow-off.
b. Profile of panel shall have mesa’s every ½” o.c. continuous throughout
panel which are a minimum of 1.5” wide. These will absorb thermal
stresses, reduce oil canning in panel and increase load carrying capacity.
c. Exposed fasteners, screws and/or roof mastic is unacceptable and will be
rejected. System configuration only allows for exposed fasteners at panel
overlap (if required) and trim details (as per manufacturer’s guidelines).
d. Panels must be furnished in continuous lengths from ridge to eave with no
overlaps unless approved by manufacturer to length of run.
2. Seam must be 2-3/8” height for added upward pressures and aesthetic appeal.
Seam shall have continuous anchor reveals to allow anchor clips to resist positive
and negative loading and allow unlimited expansion and contraction of panels due
to thermal changes. Integral (not mechanically sealed) seams are not acceptable.
3. Concealed Anchor Clips: Clips must be 16 gauge, 40,000 p.s.i. (G-90 galvanized
steel) ONE (1) piece clip with projecting legs for additional panel alignment and
provision for unlimited thermal movement in each direction along the longitudinal
dimension:
a. Two-piece (2) clips are NOT acceptable.
b. Clip design must isolate sealant in panel cap from clip to insure that no
sealant damage occurs from the clip during expansion and contraction.
c. Clip must maintain a clearance of a minimum of 3/8” between panel and
substrate for proper ventilation to help prevent condensation on underside
of panel and eliminate the contact of panel fastener head to panel.
4. Seam cap: Snap-on cap shall be a minimum of 1” wide “T” shaped of continuous
length up to 45 feet accordingly to job condition and field seamed by means of
manufacturer’s standard seaming machine:
a. Cap shall be designed to receive continuous double bead of hot applied,
foamed in place gasketing sealant which will not come in contact with the
anchor clip to allow unlimited thermal movement of panel without damage to
cap sealant.
b. Sealant shall be non-fatigue, nitrogen injected water barrier.
5. Panels shall be of a symmetrical design with snap on cap configuration such that
individual panels may be removable for replacement without removing adjacent
panels.
6. Panel ends shall be panned at ridge, headwall, and hip conditions where
applicable.
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F. Accessories:
1. Gable anchor clips: Standing Seam styles galvanized minimum thickness 16
gauge.
2. Fasteners:
a. Concealed fasteners: Corrosion resistant fasteners designed to meet
structural loading requirements. The normal minimum fastener size shall be
as indicated by the Roofing Manufacturer.
3. Closures: Factory pre-cut closed cell foam meeting ASTM D3575-93 a cross-
linked closed cell polyolefin foam, enclosed in metal channel matching panels
when used at hip and ridge.
4. Panel joint (end lap) sealant: Non-curing modified isobutylene tri-polymer tape of
thickness to fully adhere to both surfaces being joined with indicated service life of
30 years.
2.2 ACCESSORY PRODUCTS
A. Sealant:
1. Acceptable products:
a. Concealed Application: PT1-707, Bostik Chem-Calk butyl sealant or Equal.
b. Exposed Application: The Garland Company, Tuff Stuff or Equal.
B. Underlayment:
1. Garland R-Mer Seal or approved equivalent 40 mil minimum high temperature peal
and stick underlay suitable for vertical applications at curbing and parapet walls.
2. Underlayment shall be applied over the Dens Deck Board per Section 07220 and
extend up all curbing, parapet walls and over rake wall and eave trim / fascia
boards prior to placement of hat channels.
2.3 FABRICATION - GENERAL
A. Shop fabricate metal roofing, gutter, and flashing components to the maximum extent
possible, forming metal work with clear, sharp, straight, and uniform bends and rises. Hem
exposed edges of flashings.
B. Form flashing components and gutters from full single width sheet in minimum 10’-0”
sections. Provide mitered corners, joined using closed end pop rivets and joint sealant.
C. Fabricate roofing and related sheet metal work in accordance with the approved shop
drawings and applicable standards.
2.4 FABRICATION – ROOF GUTTERS & DOWNSPOUTS
A. Roof Gutters & Downspouts shall be fabricated from 22-gauge ASTM A 653/A 653M G-90
Galvanized Steel - Garland R-Mer SS Sheet Stock
B. High gloss, factory painted Kynar 500 fluorocarbon Mocha finish to match R-Mer Span
Roof Panels of same type kind and quality (30 year warranty).
C. Fabrication of Roof Gutters & Downspout per Garland’s Site Specific Drawing Sheet
Details and Garland’s Shop Drawing Submittal Installation Support Package Details:
1. Gutter Joint Lap Details (Trim-1.6 through Trim-1.9) and Butt Joint Expansion Joint
Detail (GEJ-1)
2. Downspout RA Assembly Details (DS-1.1 through DS3.1)
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D. Install expansion joints on all gutter lines exceeding 50’-0” in length per SMACNA standard
recommendations and Garland Butt Joint Expansion Joint Detail (GEJ-1).
E. Gutters shall be fabricated and installed to maintain a level to a 1/8” in 12” negative
downward slope to the Downspout Inlets.
F. Downspouts shall be located at existing storm drain inlets with a watertight
premanufactured or fabricated sheet metal coupler joint attached to the existing 4”
diameter inlet lines.
PART 3 – EXECUTION
3.1 PREPARATION
A. Examine the alignment and placement of the building structure and substrate. Correct any
objectionable warp, waves or buckles in the substrate before proceeding with installation
of the preformed metal roofing. The installed roof panels will follow the contour of the
structure and may appear irregular if not corrected.
B. Establish straight side and crosswise benchmarks.
C. Use proper size and length fastener for strength requirements. Approximately 5/16” is
allowable for maximum fastener head diameter size beneath the panel.
D. Pre-roofing conference: Prior to beginning metal roofing work, a pre-roofing conference
shall be held to review work to be accomplished.
1. Contractor, metal roofing subcontractor, metal roofing system manufacturer’s
representative, representative for the City of Ukiah and all other subcontractors
who have equipment penetrating the roof or whose work involves access to roof
shall be present.
3.2 ERECTION TOLERANCES
A. Installation Tolerances: Shim and align metal roof panel units within installed tolerance of
(1/4 inch in 20 feet; 3/8” in 40’-0” or more) on slope and location lines as indicated and with
1/8 inch offset of adjoining faces and of alignment of matching profiles.
3.3 ROOFING AND FLASHING INSTALLATION
A. All roofing and flashing details will be shown on the roofing manufacturer’s shop drawings
and shall be included in the project documents. Install all roofing and flashings in
accordance with the approved shop drawings, roofing manufacturer’s product data and
within the specified erection tolerances.
B. Garland R-Mer Underlayment, or an approved equivalent underlayment shall be applied
over the Dens Deck Board per Section 07220 and extend up all curbing, parapet walls and
over rake wall and eave trim / fascia boards prior to placement of hat channels and sheet
metal flashing.
C. Install 16 gauge steel fabricated hat channels, roofing manufacturer supplied 16 gauge
one piece panel clips and panel clip shims as needed to provide an even panel seam
height and alignment within the specified project tolerances. Hat Channels shall be
fastened to the structural roof members and spaced in accordance to the Project Specific
Drawing Sheets and Detail Sheets prepared by the Roofing Manufacture. Hat channels
shall not be directly fastened to the plywood roof decking without approved allowable
strength and pull out data for the plywood connection as supplied by an approved third
party testing laboratory and approved by the Roofing Manufacturer.
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D. Installation of Roof Panels:
1. Roof panels can be installed by starting from either end and working towards the
opposite end. Due to the symmetrical design of the specified panel system, it is
also acceptable to start from the middle of the roof and work toward each end.
2. A stainless steel pop rivet, as required, shall be secured through the anchor reveal
of the panel leg and extend into the arms of the panel clip located at the ridge of
the system. This is done at each arm of the clip along the ridge. The panel is then
anchored at both sides of the clip. Be sure to capture all drilling debris during this
operation with a rag or cloth placed on the panels at the drilling operation.
2. The seam caps are shipped with two rolls of factory applied hot melt sealant
located inside the caps. To install the caps, hook one side of the cap over the panel
edge and rotate over the opposite panel leg. For ease of installation, start at one
end of the panel and work toward the opposite end.
3. A hand crimping tool is used to crimp the cap around the top of two adjacent
panels. Caps shall then be permanently seamed with manufacturer’s mechanical
seamer.
E. Isolate dissimilar metals from metals with bituminous coating. Use gasketed fasteners
where required to prevent corrosive action between fastener, substrate, and panels.
F. Limit exposed fasteners to extent indicated on shop drawings.
G. Anchorage shall allow for temperature expansion/contraction movement without stress or
elongation of panels, clips, or anchors. Attach clips to structural substrate using fasteners
of size and spacing as indicated on drawings to resist specified uplift and thermal
movement forces.
H. Seal laps and joints in accordance with roofing system manufacturer’s product data.
Coordinate flashing and sheet metal work to provide weathertight conditions at roof
terminations in accordance with standards of SMACNA Manual.
I. Provide temperature expansion/contraction movement of panels at roof penetrations and
roof mounted equipment in accordance with system manufacturer’s product data and
design calculations.
J. Installed system shall be true to line and plane and free of dents, and physical defect s with
a minimum of oil canning and within the applicable erection tolerances: Maximum variation
from true planes or lines: ¼” in 20’-0”; 3/8” in 40’-0” or more.
K. Form joints in linear sheet metal to allow for ¼” minimum expansion at 20’-0” o.c.
maximum and 8’-0” from corners.
L. At joints in linear sheet metal items, set sheet metal items in two ¼” beads of butyl sealant.
Extend sealant over all metal surfaces. Mate components for positive seal. Allow no
sealant to migrate onto exposed surfaces.
M. Remove damaged work and replace with new, undamaged components.
N. Touch up exposed fasteners using paint furnished by roofing panel manufacturer and
matching exposed panel surface finish.
3.4 FIELD QUALITY CONTROL
A. Inspection will involve surveillance of work during installation to ascertain compliance with
Roof Manufacturer’s project site specific sheet drawings, details, specifications and
installation tolerance specified for the roofing system. A Roofing Manufacturer’s
Representative shall inspect the work a minimum of 2 days per work week.
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3.5 CLEANING
A. To prevent rust staining on finished surfaces, immediately remove filings produced by
drilling or cutting. Clean all exposed surfaces of roofing and accessories daily after
completion of work.
B. Touch up minor abrasions and scratches in finish. Touch up exposed fasteners using paint
furnished by roofing panel manufacturer and matching exposed panel surface finish.
Remove all scrap and construction debris from the site.
3.6 FINAL INSPECTION
A. Final inspection will be performed by a Garland Representative, the City of Ukiah or their
Representative in accordance with general requirements.
PART 4 - OWNER SUPPLIED MATERIALS
4.1 MATERIAL QUANTITIES
A. Contractor must include in their base bid any additional materials to complete the roofing
project. Contractor must provide all labor to install owner-supplied materials as part of their
bid. All materials not specifically included in the owner-supplied materials section will be
the responsibility of the contractor to provide and install in compliance with sections 07220,
0741 and 07620. Freight charges of Owner supplied materials will be the responsibility of
the Owner. Contractor must take delivery of materials, properly cover and store at jobsite
or their shop. Contractor must be able to provide certification in writing from roof system
manufacturer that the contractor is approved to install the specified roof system and
provide all warranty requirements of sections 0741 and 07620. The Owner will supply the
materials and quantities as listed in section 01640.
END OF SECTION
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Flashing & Sheet Metal 07620 Page - 1
DIVISION 07 – THERMAL & MOISTURE PROTECTION
SECTION 07620 - SHEET METAL AND FLASHING
PART 1 – GENERAL
1.1 RELATED DOCUMENTS
A. Project sheet drawings, details, specifications, addenda and general provisions of the
Contract, including Contract General Conditions and Supplementary General Conditions
and other Division 1 Specification Sections apply to this Section.
B. Related Sections:
1. Section: 01100 - Summary of Work
2. Section: 01250 – Substitution Procedures
3. Section: 01330 – Submittal Procedures
4. Section: 01640 - Owner Furnished Contractor Installed Materials
5. Section: 02010 - Selective Demolition
6. Section: 06100 - Miscellaneous Carpentry
7. Section: 07220 - Roof Deck Board
8. Section: 07410 - Metal Roofing Panels – Standing Seam
1.2 Summary
A. Section includes material, fabrication and installation specifications for sheet metal and
roofing flashing, trim, closures, curbing, caps, coping, gutters, downspouts, gable wall roof
beam end caps and required accessories as specified in the project contract documents
for installation of a complete and weatherproof class (A) fire rated standing seam steel
roofing assembly.
B. Items specified in this section are applicable whether shown or not.
C. Fabricated sheet metal items, including flashings, counter flashings, and other items in
conformance with the project specification, drawings and details as follows:
1. Metal edge system with continuous cleats.
2. Flashing & Counterflashing
3. Hat Channels
4. Valley and Ridge trim Assemblies
5. Eave Closures Assemblies
6. Coping, Curbing and Parapet Wall sheet metal and flashing
7. Ridge Caps and Rake Trim
8. Roof Gutters with Expansion Joints, Downspouts & Drains
9. Roof Beam End Caps at Gable Walls
10. All other items as indicated in the project contract documents for installation of a
complete and weatherproof class (A) fire rated standing seam steel roofing
assembly.
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1.3 SUBMITTALS
A. Submittals shall be prepared in accordance to Section 01330 – Submittal Procedures.
B. Shop Drawings:
1. submit shop drawings for manufactured and installer fabricated flashing,
counterflashing, fascia, trim, capping, gutters, downspouts roof beam end caps and
all other sheet metal fabrications as required for the installation of a complete and
weatherproof class (A) fire rated steel standing seam roof.
2. Indicate material type and gauge, finish of material, profile and dimensioning,
jointing pattern, jointing details, terminations, fastening methods, fastener type,
specified underlayments and installation details.
C. Product data: Provide manufacturer's specification data sheets for each product
1. Metal material characteristics and installation specifications.
2. Submit color chart prior to material ordering and/or fabrication so that equivalent
colors to those specific can be approved.
3. Fastener type, materials and installation specifications.
D. Samples:
1. Submit two samples 8x10 inch in size illustrating metal finish color.
2. Submit two samples, 12 x 12 inch in size illustrating typical external corner, internal
corner, and valley, junction to vertical dissimilar surface, material and finish.
E. Certification:
1. Submit roof manufacturer's certifications that metal fasteners furnished are
acceptable to roof manufacturer.
2. Submit roof manufacturer's certification that metal furnished is acceptable to
roofing manufacturer as a component of roofing system and is eligible for roof
manufacturer's system warranty.
3. Submit certification that metal and fastening system furnished is Tested and
Approved by Factory Mutual for 1-90 Wind Up-Lift Requirements.
F. Proof of contractor, fabricator and installer qualification certification from the Roofing
Manufacture for the application of the roofing system and associated sheet metal
fabrication / flashing installation.
G. ANSI-SPRI ES-1 test results for all coping and edge metal.
H. Installer shop drawings and one installed mock-up end beam cap required for Gable Walls
– Roof Beam End Caps Per Section 07620-2.4
1.4 WARRANTIES
A. The City of Ukiah shall receive ONE WARRANTY from the Roofing Manufacturer covering
all of the following criteria. Multiple warranties are NOT acceptable:
1. Manufacturer’s 30 year no dollar limit (NDL) watertight warranty.
2. Manufacturer’s warranty shall be a total systems warranty for a complete
weatherproof class (A) fire rated standing seam metal roofing assembly. The Roof
Manufacturer further warrants that the roof system will not leak due to
manufacturing defects or defective workmanship by the installation contractor.
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3. The Roofing Manufacturer will pay all authorized costs of repairs to the roofing
system necessary to stop any leaks caused by defective materials or workmanship
that occur within thirty (30) years from the final completion date, with no dollar cost
limit to the City of Ukiah
4. Pre-finished metal material shall require a written thirty (30) year non-prorated
warranty covering fade, chalking and film integrity. The material shall not show a
color change greater than 5 NBS color units per ASTM D2244 or chalking excess
of 8 units per ASTM D659. If either occurs material shall be replaced per warranty,
at no cost to the City of Ukiah.
1.5 QUALITY ASSURANCE
A. Perform work in accordance with SMACNA Architectural Sheet Metal Manual
requirements, except as otherwise indicated.
1. Factory Mutual Loss Prevention Data Sheet 1-49 windstorm resistance: 1-90.
1.6 DELIVERY, STORAGE, AND HANDLING
A. Deliver materials in manufacturer's original, unopened containers or packages with labels
intact and legible.
B. Stack material to prevent twisting, bending, and abrasion, and to provide ventilation. Slope
metal sheets to ensure drainage.
C. Prevent contact with materials that could cause discoloration or staining.
PART 2 - PRODUCTS
2.1 SHEET MATERIALS
A. Sheet Metal Material:
1. Garland 22-gauge G-90 Galvanized Steel R-Mer SS Sheet Stock
2. ASTM A 653/A 653M G-90 galvanized steel.
3. High gloss, factory painted Kynar 500 fluorocarbon Mocha finish to match R-Mer
Span Roof Panels of same type kind and quality.
B. Should the bidder wish to propose an alternate manufacturer and/or material than that
specified, Section 1250 – Substitute Procedures must be followed for approval.
C. The City of Ukiah decision regarding substitutions will be considered final. Unauthorized
substitutions will be rejected
2.2 ACCESSORIES
A. Fasteners:
1. Corrosion resistant screw fastener as specified by the Roofing Manufacturer.
Exposed fasteners shall have the same finish as the pre-manufactured roofing
panels.
2. Fastening shall conform to Factory Mutual 1-90 requirements or as stated on the
section details, whichever is more stringent.
B. Plastic Cement: ASTM D 4586, Type I.
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2.3 FABRICATION - GENERAL
A. Fabricate in accordance with referenced standards. Form sections true to shape, accurate
in size, square, and free from distortion or defects. Form pieces as recommended by
SMACNA standard for conditions required.
1. Provide reinforcements and supports as required for secure anchorage.
2. Make joints rigid. Seams mechanically strong and soldered or sealed to make
watertight
3. Fabricate corners in one piece with legs extending 30-inches each way to field
joint. Lap, rivet, and solder or seal corner seams watertight.
4. Turn up "end dam" flanges at ends of opening sill flashing pieces, lap with wall
flashing and membranes to shed water.
5. Fabricate cleats of same material as sheet, minimum 3/4 inches wide, interlockable
with sheet.
6. Hem exposed edges on underside 1/2 inch; miter and seam corners.
B. Form pieces in longest possible lengths.
C. Hem exposed edges on underside 1/2 inch; miter and seam corners.
D. Form material with flat lock seams, except where otherwise indicated. At moving joints,
use sealed lapped, bayonet-type or interlocking hooked seams.
E. Fabricate corners from one piece with minimum 18 inch long legs; seam for rigidity, seal
with sealant.
F. Fabricate vertical faces with bottom edge formed outward 1/4 inch (6 mm) and hemmed to
form drip.
2.4 FABRICATION - ROOF BEAM END CAPS - GABLE WALLS
A. Gable wall roof beam end caps shall be fabricated from Garland 22-gauge G-90
Galvanized Steel R-Mer SS Sheet Stock.
1. ASTM A 653/A 653M G-90 galvanized steel.
2. High gloss, factory painted Kynar 500 fluorocarbon Mocha finish to match R-Mer
Span Roof Panels of same type kind and quality.
B. Top, sides and end of all exposed gable roof beam ends shall be covered with Garland
R-Mer Seal or approved equivalent vertically applied peal and stick underlayment with
mechanical anchorage as required and specified by the manufacture prior to the
application of the roof beam end caps.
C. Shop drawings for all roof beam end caps must be submitted, reviewed and approved by
the City of Ukiah or approved City Representative prior to the fabrication of the remaining
roof beam end caps.
D. One roof beam end cap mock up shall be installed and approved by the City of Ukiah or
approved City Representative prior to the fabrication of the remaining roof beam end caps.
2.5 FABRICATION – ROOF GUTTERS & DOWNSPOUTS
A. Roof Gutters & Downspouts shall be fabricated from Garland 22-gauge G-90 Galvanized
Steel R-Mer SS Sheet Stock.
1. ASTM A 653/A 653M G-90 galvanized steel.
2. High gloss, factory painted Kynar 500 fluorocarbon Mocha finish to match R-Mer
Span Roof Panels of same type kind and quality (30 year warranty).
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B. Fabrication of Roof Gutters & Downspout per Garland’s Site Specific Drawing Sheet
Details and Garland’s Shop Drawing Submittal Installation Support Package Details:
1. Gutter Joint Lap Details Trim-1.6 through Trim-1.9)
2. Gutter Butt Joint Expansion Joint Detail (GEJ-1)
3. Downspout RA Assembly Details (DS-1.1 through DS3.1)
C. Install expansion joints on all gutters exceeding 50’-0” length per SMACNA standard
recommendations and Garland Butt Joint Expansion Joint Detail (GEJ-1).
D. Gutters shall be fabricated to maintain as level to a 1/8” in 12” negative slope to the
Downspout Inlets.
E. Downspouts shall be located at existing storm drain inlets with a watertight
premanufactured or sheet metal fabricated coupler joint to the existing 4” diameter inlet
lines.
2.6 EDGE METAL SYSTEM AND METAL COPING SYSTEM
A. ANSI SPRI ES-1 Pre Manufactured Coping system ANSI SPRI ES-1 tested and certified.
2.7 ROOF-RELATED SHEET METAL AND FLASHINGS
A. Roof-Related Sheet Metal and Flashings: As indicated, as specified in related sections, as
required by roofing material manufacturers and referenced standards. Coordinate work of
this section with related sections. Provide complete systems without conflict or omission.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Inspect and clean all surfaces to receive flashing prior to installation. Commencement is
indication of acceptance of condition
B. Coordinate with affected trades work to be installed under their supervision.
C. Verify roof openings, curbs, pipes, sleeves, ducts, and vents through roof are solidly set,
reglets in place, and nailing strips located.
D. Verify roofing termination and base flashings are in place, sealed, and secure.
E. Beginning of installation means acceptance of existing conditions.
F. Field measure site conditions prior to fabricating work.
3.2 PREPARATION
A. Install starter and edge strips, and cleats before starting installation.
B. Back paint concealed metal surfaces with protective backing paint to a minimum dry film
thickness of 15 mil.
3.3 INSTALLATION
A. Install work watertight, without waves, warps, buckles, fastening stress, or distortion,
allowing for expansion and contraction. Conform to referenced standards. Make metal
joints watertight.
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B. Fastening of metal to walls and wood blocking shall comply with SMACNA Architectural
Sheet Metal Manual, Factory Mutual 1-90 wind uplift specifications and/or manufacturer's
recommendations whichever is of the highest standard.
C. All accessories or other items essential to the completeness of sheet metal installation and
water tight envelope of the building, whether specifically indicated or not, shall be
provided.
D. Reglets: Install in accordance with manufacturer’s installation instructions.
E. Metal fascia and copings shall be secured to wood nailers at the bottom edge with a
continuous cleat. Cleats shall be at least one gauge heavier than the metal it secures.
F. Install Sheet Membrane Waterproofing at closure flanges, under metal copings, caps and
platforms; fully adhered, free of voids, blisters and buckling; roll as soon as practical
following layout. Minimize exposure time to that period recommended by the manufacturer.
G. Flashing: Joints at 10-foot maximum spacing and at 2-1/2-feet from corners. Butt joints
with 3/16-inch space centered over matching 8-inch long backing plate with sealer tape in
laps.
H. Flanged flashings and roof accessories: Set on continuous sealer tape. Nail flanges
through sealer tape and at 3-inch maximum spacing.
I. Isolate metal from dissimilar metal with 2 coats of specified asphaltic paint, sealer tape or
other approved coating, specifically made to stop electrolytic action. Use only stainless
steel fasteners to connect isolated dissimilar metals.
J. Joints, fastenings, reinforcements and supports: Sized and located as required to preclude
distortion or displacement due to thermal expansion and contraction. Conceal fastenings
wherever possible.
K. Secure flashings in place using concealed fasteners. Use exposed fasteners only where
permitted.
L. Flexible Flashing Installation:
1. Prime substrates as recommended by flexible flashing manufacturer and allow to
dry.
2. Install flexible flashings in maximum feasible lengths to minimize lap joints.
3. Peel release paper from roll to expose rubberized asphalt and position flashing to
center over joint location before applying. Move along opening or joint, being
careful to put flashing as evenly as possible over the opening. Avoid fishmouths.
4. Press flashing firmly into place with heavy hand pressure. Ensure continuous and
intimate contact with substrate.
5. If wrinkles develop, carefully cut out affected area and replace as outlined above.
M. Apply plastic cement compound between metal flashings and felt flashings.
N. Fit flashings tight in place. Make corners square, surfaces true and straight in planes, and
lines accurate to profiles.
O. Seal prefinished metal joints watertight.
P. Solder other metal joints for full metal surface contact. After soldering, wash metal clean
with neutralizing solution and rinse with water.
Q. Install roof drains per manufacturer’s recommendations.
R. Repair and replace damaged Work, or Work of poor or unacceptable workmanship, as
determined by the industry standards cited, or as determined to be in non-conformance
with the project plans, specification and details.
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3.4 FIELD QUALITY CONTROL
A. Inspection will involve surveillance of work during installation to ascertain compliance with
specified requirements. Manufacturer’s representative shall inspect the work a minimum of
2 days per work week.
B. Tolerances
1. Exposed surfaces: Free of dents, scratches, abrasions, or other visible defects;
clean, ready for painting.
2. Set flashings and sheet metal to straight, true lines with exposed faces aligned in
plane as indicated.
3.5 SHOP FABRICATED SHEET METAL
A. Installation Contractor shall be responsible for determining all sheet metal systems are in
conformance with the project and roof manufacturer's plans, drawings and details.
B. Metal work shall be shop fabricated to configurations and forms in accordance with
recognized sheet metal practices.
C. Hem exposed edges.
D. Angle bottom edges of exposed vertical surfaces to form drip.
E. All corners for sheet metal shall be lapped with adjoining pieces fastened and set in
sealant.
F. Joints for gravel stop fascia system, cap flashing, and surface-mount counterflashing shall
be formed with a 1/4" opening between sections. The opening shall be covered by a cover
plate or backed by an internal drainage plate formed to the profile of fascia piece. The
cover plate shall be embedded in mastic, fastened through the opening between the
sections and loose locked to the drip edges.
G. Install sheet metal to comply with Architectural Sheet Metal manual, Sheet Metal and Air
Conditioning Contractor's National Associations, Inc.
PART 4 - OWNER SUPPLIED MATERIALS
4.1 MATERIAL QUANTITIES
A. Contractor must include in their base bid any additional materials to complete the roofing
project. Contractor must provide all labor to install owner-supplied materials as part of their
bid. All materials not specifically included in the owner-supplied materials section will be
the responsibility of the contractor to provide and install in compliance with sections 07220,
0741 and 07620. Freight charges of Owner supplied materials will be the responsibility of
the Owner. Contractor must take delivery of materials, properly cover and store at jobsite
or their shop. Contractor must be able to provide certification in writing from roof system
manufacturer that the contractor is approved to install the specified roof system and
provide all warranty requirements of sections 07410 and 07620. The Owner will supply the
materials and quantities as listed in section 01640.
END OF SECTION
Page 326 of 589
SHOP DRAWING SUBMITTAL
INSTALLATION SUPPORT PACKAGE
8 1/2” x 11” spiral bound attachment
● (SC) Panel System Components Tab
● (PS) Panel System Installation Support Tab
● (RA) Roof Application Support Tab
● (FT) Field Transition Support Tab
ARCHITECTURAL REVIEW
CUSTOM ENGINEERED 11” X 17” SHOP DRAWINGS
DEVELOPED SPECIFICALLY FOR THIS PROJECT’S
DESIGN CONCEPT & REVIEW
● START AT THE YELLOW SECTION TAB ●
Provided by:
The Garland Company, Inc.
Manufacturer of High Performance Roofing and Building Envelope Solutions
4648 S. Old Peachtree Road | Norcross, GA 30071 · Phone: (770) 908-1030 | (800) 949-7637 · Fax: (770) 908-2264 · www.garlandco.com
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FINISH SPECIFICATIONS:
FOR REVIEW
ROOF PANEL: R-MER SPAN
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INSTALLATION SUPPORT TAB (R
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ALL ROOF DIMENSIONS MUST BE FIELD VERIFIED FOR REVIEW
INSTALLATION SUPPORT TAB (R
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INSTALLATION SUPPORT TAB (R
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INSTALLATION SUPPORT TAB (R
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INSTALLATION SUPPORT TAB (R
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INSTALLATION SUPPORT TAB (R
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INSTALLATION SUPPORT TAB (R
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INSTALLATION SUPPORT TAB (R
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INSTALLATION SUPPORT TAB (R
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INSTALLATION SUPPORT TAB (R
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INSTALLATION SUPPORT TAB (S
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INSTALLATION SUPPORT TAB (P
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INSTALLATION SUPPORT TAB (S
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INSTALLATION SUPPORT TAB (S
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INSTALLATION SUPPORT TAB (P
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INSTALLATION SUPPORT TAB (S
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INSTALLATION SUPPORT TAB (S
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INSTALLATION SUPPORT TAB (P
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INSTALLATION SUPPORT TAB (P
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INSTALLATION SUPPORT TAB (P
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INSTALLATION SUPPORT TAB (S
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INSTALLATION SUPPORT TAB (S
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INSTALLATION SUPPORT TAB (P
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INSTALLATION SUPPORT TAB (P
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INSTALLATION SUPPORT TAB (P
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INSTALLATION SUPPORT TAB (P
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INSTALLATION SUPPORT TAB (S
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INSTALLATION SUPPORT TAB (P
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DRAWING SYMBOLS5 SHEET INDEX1
PROJECT DATA2
DESCRIPTION OF WORK
8 VICINITY MAP 4 SCHEMATIC SITE PLAN
Scale: 1" = 50'-0"
N
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GRACE HUDSON
HOME
"EXT'G GARAGE
GARDEN
PAR
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ENTRY DRIVE
MUSEUM RE-ROOF
PROJECT
WALL WITH WINDOW
WALL WITH DOOR
FACE-OF-STUD TO FACE-OF-STUD
FACE-OF-STUD TO CENTER LINE OF STUD
FACE-OF-STUD TO FACE OF FINISH
PARTIAL HEIGHT WALL
NEW WALL
MASONRY / CONC WALL
DEMO EXIST'G WALL
#
#
#
#
#
#
#
#
#
HIDDEN LINE (BELOW OR ABOVE)
GRID LINE
DETAIL CUT w/ DRW'G & PAGE
SECTION ELEVAT'N w/ DRW'G & PAGE
SECTION CUT w/ DRW'G & PAGE
ELEVATION VIEW w/ DRW'G & PAGE
DATUM LINE / POINT
ACCESSIBLE or EXIT'G PATH
EXIST'G WALL
CONTACT
Project Name Grace Hudson Museum / Re-Roof
Project Address 431 South Main Street
Ukiah, CA 95482
APN 002–281–26 & 27
Zoning PF-Public Facility
Permitting Agency City of Ukiah / Building & Code Enforcement Services
300 Seminary Avenue Ukiah, CA 95482
Phone: (707) 463–6206
CODE ANALYSIS
Building Code Edition CBC 2019
Construction Type Type V-B Sprinklers (Built as V-N w/ Sprinklers)
Roof Rating Class "A"
Energy Compliance Nonresidential Compliance Manual 2019
Building Envelope – Addt'ns & Altert'ns
Page 3–76C Roofs
(100%) Replacement & o/ (2,000) sqft
R14 for Climate Zone 2
"E" Roof Data
Exposed Deck Area
(4" ave) below metal R-0.9
Vapor Barr R-0.2
(1/2") Plywd R-0.6
(3/4") Air Space R-0.8
(2") R-10
(3") Wood-Lock Deck R-3.5
R-15.2
Roof w/ Attic Fiberglass Batt R-30
UTILITY & SUPPORT
Fire District Ukiah Valley Fire Protection District (707) 462–2918
School District Ukiah Unified School District (707) 472–5000
Utilities City of Ukiah Utilities Department
BUILDING DATA
"E" Building Area
First Floor (~11,137) sqft
Re-Roof Area (~14,144) sqft (Contractor to Verify)
DEFERRED SUBMITTALS
Deferred Submittal 1. Insulation Upgrade by Apperson Energy
2. Wind Calculation for Fasteners by D. Jankovski PE
3. Metal Roofing Shop Drawings by Contractor
COST DATA
Architect's Estimate $390,000
PLUMBING FIXTURE DATE
EXIST'G REMOVED NEW ADDED
Water Delivery Fixture (0) (0)
ATTACHMENTS
(n/a)
DRAWING SHEETS
A1.1 PROJECT DATA
A1.2 PROJECT PHOTOS
A1 ROOF PLAN, BLDG SECTIONS, & DETAILSs
The "Work" of this Project is summarized as follows:
The Museum has a "Cor-Ten" Burmuda style metal roof system that is now (35) years old, and has
started to leak. The decision has been made to remove that roof, and replace it with a traditional
standing seam metal roof, which includes a proven compliment of reliable and time-tested
attachment and trim components.
The Museum's was built on the grounds of Grace Hudson's residence, and houses a priceless and
irreplaceable collection of her art and artifacts of the Pomo people who made this land their home.
The City of Ukiah is expecting the highest level of craftsmanship and expertise, and who can bring
both to bear on this project. Also, if possible, to execute the work early this Fall.
1. Remove the existing roofing, palatize and secure the Cor-Ten panel components and make ready
for the re-use by others. The actual short term storage will be the Museum parking area, and will
be coordinated between the Contractro and the Architect in consultation with the Museum staff.
The Museum is currently not open to the public, and staff are working from home.
2. Recon and repair any fungus rot or water damaged to the building as needed. This work will be
on a time and materials basis, and is further described in the Bidding Docs. Also, the Contractor
will make all other repairs and additions to accomodate the new roofing system, including fascia
and related building trim and flashings.
3. Prep the roof deck and install the weather barrier.
4. The Contractor will also coordinate with other Owner contracted trades, including insulation, and
and attic ventilation.
5. The Contractor will need to supply support items to accomodate workmen, such as restrooms,
as maintaining the Museum security is of upmost concern.
6. The Contractor is contractually bound to make available all workman and materials, and proceed
to completion except during rain days.
7. The Bid Docs will specify the schedule for pre-construction meetins, responding to Contractor's
questions, Bids due date, insurance requirements, selection criteria for evaluating Bids and
Contractor's, and other Bidding and Contractual requirements.
7
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ENTRY BEAM & FASCIA DETAIL5
EAVE SOFFIT DETAILS8
6
WEST GABLE FASCIA DETAIL7
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EAST GABLE FASCIA DETAIL
SOUTH ENTRANCE1
NORTH GABLE4
EAST GABLE2
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NOTE: USE THIS DETAIL FOR ALL BEAM ENDS, AND ADJUST SIZE
ACCORDINGLY. SUBMIT SHOP DRAWINGS TO ARCHITECT
FOR REVIEW AND APPROVAL PRIOR TO FABRICAT'N &
INSTALLAT'N.
4
A1
TYPICAL ALL
ROOF PLAN1
Scale: 1/8" = 1'-0"
GABLE END FASCIA REPLACEM'T3
Scale: 1/4" = 1'-0"
SCHEMATIC VAULTED BLDG SECTION2A
Scale: 1/8" = 1'-0"
SCHEMATIC VAULTED BLDG SECTION2B
Scale: 1/8" = 1'-0"
6:1
2
6:1
2
5:1
2
5:1
2
(E
)
(E
)
(E
)
(E
)
~5.5:12
(NEW)
~5.5:12
(NEW)
BEAM END FLSH'G DETAIL
SCALE: 1"=1'-0"
4
SIDE END
BOTT BM FLSH'G W/
HEM'D FLANGE
~12"12"
45
1/2
"
3
1
/
2
"
1
1
/
2
"
1 1/2"
SIDE FLSH'G W/ HEM'D
EDGE & POP RIVIT
TOP BM FLSH'G W/ DRIP
EDGE W/ HEM'D EDGE
WRAP SIDE & BOTT BM W/
BITUTHANE MEMBRANE
WRAP CAP FLSH'G O/ SIDE FLSH'G
W/ BITUTHANE MEMBRANE
(24) GA GALV SHT MET SIDE FLASH'G
(24) GA GALV SHT MET CAP FLASH'G
SAW CUT FASCIA ASSEMBLY TO ACCOMDATE
BITUTHANE, SIDE, & CAP FLASH'G & SET IN
POLY URATHANE CAULK
"E" 2X WD DECK'G"E" BM END
(VERIFY)
END FLSH'G W/ HEM'D EDGE
& POP RIVIT TO SIDE FLSH'G
END FLSH'G W/ HEM'D
EDGE & POP RIVIT TO
SIDE FLSH'G
NEW (4X) FASCIA TO REFLECT NEW ROOF
PITCH W/ ON-SITE FITTING NECESSARY.
CONTRACTOR TO MOCK-UP FOR ARCHITECT
REVIEW & APPROVAL
LINE OF "E" MIX'D ROOF PITCH
~30'-7
"
24'-0"12'-0"12'-0"
4'-0"
48'-0"
48'-0"
48
'
-
0
"
48
'
-
0
"
38'-4"
48'-0"
78
'
-
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"
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'
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0
"
14
'
-
6
"
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EXT'G ASSEMBLY: (1/2") CDX PLYWD O/ (2 11/16") WOOD BATTENS
@ (24") OC (PARELEL TO RIDGE), W/ AIR SPACE & (2") POLY FOAM
IN CAVITY, O/ (3/8") CDX PLYWD, ALL O/ (3X8) EXPOSED WD DECK'G
NEW STAND'G SEAM METAL ROOF'G SYSTEM SUPPORTED ON HAT-
CHANNELS @ (48") OC (PARA TO RIDGE), O/ (1/4") DENS BD, O/
"BITUTHANE TYPE" PEAL & STICK MEMBRANE, O/ "E" DECK'G. ADJUST
PLANE HT WITH PLT SHIMPS & VARITY HT PANEL CLIPS
12
6 (E)26.
5
12
5 (E)22.5
12
~5.5 (NEW)24.5
"E" COPPER GUTTER &
RAIN LEADER SYSTEM
EXT'G ASSEMBLY: (1/2") CDX PLYWD O/ (2X) WOOD TRUSSES @
(24") OC (PERP TO RIDGE),
NEW STANDING SEAM METAL ROOF'G SYSTEM SUPPORTED BY HAT-
CHANNELS @ (48") OC (PARA TO RIDGE), O/ (1/4") DENS BD, O/
"BITUTHANE TYPE" PEAL & STICK MEMBRANE, O/ (E) TRUSS SYSTEM.
ADJUST PLANE HT WITH PLT SHIMPS & VARITY HT PANEL CLIPS
"E" COPPER GUTTER &
RAIN LEADER SYSTEM
12'-0"12'-0"12'-0"12'-0"
PLTS
RIDGE
~2
1
'
-
0
"
FLR
PLTS
RIDGE
~9
'
-
0
"
~2
1
'
-
0
"
12'-0"12'-0"12'-0"12'-0"
FLR
~9
'
-
0
"
(~ 7")
NEW STAND'G SEAM MET ROOF'G, INCLUD'G VENT'
RIDGE & EAVE, GUTTER & RAIN LEADER SYSTEM,
& ALL ATTACHM'TS PER MFGR'S APPROV'D SPECS
HAT CHAN & PANEL CLIPS, INCLUD'G SHIM PLTS
AS NEEDED FOR FASTN'G & NEW SLOPE
WATER TIGHT BITUTHANE TYPE PEAL & STICK, W/
LAP & ATTACHMENT PER MRGR'S APPROV'E SPECS
EXIST'G PLYWD ROOF'G & DECK SYSTEM
LOW SLOPE BUILT-UP ROOF BELOW
INSPECT & NOTIFY OWNER IF RE-
PLACEM'T NEED'S
AREA OF EXIST'G VAULT'D ROOF STRUCTURAL SYSTEM
EXTREME CARE IS REQUIR'D TO AVOID FASTENERS FROM
PENETRAT'G THROUGH EXPOS'D DECKING BELOW.
2A
A1
2B
A1
SEE
ALL OTHER ROOF AREA OVER ATTIC TYPICAL
SEE
4'
-
0
"
5'
-
6
"
12
6 (E)26.
5
12
5 (E)22.5
~5.5 (NEW)24.5
(~ 7")
12
4'-0"
4'-
0
"
Page 411 of 589
{00245263.1} 52 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
GRACE HUDSON MUSEUM ROOF REPLACEMENT – NEGOTIATED CONTRACT
Specification No. 23-04
Name of Bidder _______________________ Business Phone _____
Business Address ___
Place of Business _
Contractor’s License No. ____________________________
License Expiration Date_______________________________________
Classification Type __________________________________________
Department of Industrial Relations Public Works Contractor Registration Number: _______
The undersigned Bidder submits this Proposal and binds itself on award by the City of Ukiah under this bi to
execute a Contract in accordance with its Bid and,
Contract Documents, The Contract Documents, including but not limited to the Notice to Bidders, Instructions to
Bidders, Form of Agreement. General Conditions, Technical Specifications, Contract Drawings, and Addenda, if
any, are made part of this bid and all provisions thereof are hereby accepted, and all representations and warranted
required thereby are hereby affirmed.
This offer shall be irrevocable for a period of sixty (60) days after the date on which bids are opened.
The undersigned Bidder understands that any clarification made to the above or any new and different conditions or
information submitted on or with its Proposals, other than that requested, may render the bid non-responsive.
The undersigned Bidder declares that only persons or parties interested in this Proposal as principals are those
named herein that this Proposal is made without collusion with any other person, firm, or corporation; that Bidder
has carefully examined the location of the proposed work, the attached Form of Agreement, the Contract Drawings,
the Special Provisions and other Contract Documents; and agrees that, if this Proposal is accepted that it will,
1) contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the
Agreement herein contained
2)to provide all necessary machinery, tools, apparatus and other means of construction;
3) to do all the Work and furnish all the materials specified in the Contract Documents, in the manner
and time therein prescribed, and according the requirements of the Engineer, as therein set forth;
5) indemnify the City against any loss or damage arising from any act of the undersigned as Contractor;
and
6) accept as full payment therefor the prices indicated in the Bidding Schedule, including all Work
modified by Addendum number _______________ (IF NONE< STATE NONE).
The Bidder shall set forth for each item of Work, in clearly legible figures, an item price and a total for the item in the
respective spaces provided for this purpose in the Bidding Schedule.
The prices included within the Bidding Schedule include all costs for labor, materials, tools, equipment, services,
Subcontractors, suppliers, taxes, insurance, shipment, delivery, overhead, profit, and for all other costs necessary
to perform the Work in accordance with the Contract Documents.
San Francisco Roofing
Services, Inc.
12/31/2024
C-39
ATTACHMENT 3
Page 412 of 589
Page 413 of 589
{00245263.1} 54 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
*If Bidder is a partnership or Joint Venture, give the full names of all partners and/or Joint Ventures in the space
provided (use additional sheet if required). If Bidder is a corporation, two signatures are required as follows: (1) the
Chairman, President, or Vice-President and (2) the Secretary, Assistant Secretary, Chief Financial Officer or
Assistant Treasurer. In the alternative, this Agreement may be executed by a single officer or a person other than
an officer provided that evidence satisfactory to the City is provided demonstrating that such individual is authorized
to bind the corporation (example, a copy of a certified resolution from the corporation’s board or a copy of the
corporation’s bylaws).
Page 414 of 589
{00245263.1} 55 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
BIDDING SCHEDULE
Bidders are directed to submit firm unit and lump sum prices for all Work set forth in the Contract Documents on this
Bidding Schedule.
Unit prices and lump sum prices must be entered in the appropriate spaces provided in the Bidding Schedule. Unit
prices shall be multiplied by the Quantities shown and the total shall be inserted in the “Total” column.
In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail;
provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any
reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column,
then the amount set forth in the “Total” column for the item shall prevail in accordance with the following:
1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price;
2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity
for the item and the price thus obtained shall be the unit price.
The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of
the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall
prevail. The bid comparison will be based on the sum of the items in the “total” column for each Bidder.
The Unit prices for the various Construction Items below include all costs associated with the General Conditions,
Special Provisions, Requirements of the Construction Contract, and all other Contract Documents and represent
the total, complete, in-place cost for each specific Construction Item in accordance with the Contract Documents,
including all labor, materials, tools, equipment, services, subcontractors, suppliers, taxes, insurance, shipment,
delivery, overhead, profit, elements, work components, accessories, and connections, shown in applicable details
or required to yield a complete, sound and functional component or system appropriate for its intended function,
whether or not such is specifically described or listed in any description of measurement or payment. The total
amount of the Construction items below shall represent the total and complete cost of the fully functional Project.
All work not specifically listed below be required to complete the work of the various construction items and the cost
of such shall be considered as included throughout the various unit prices indicated.
Lowest bid will be based on the lowest Base Bid.
The Bidding Schedule is a summary list of all of the work required by the Contract Documents and is in no way
intended to describe all items of work to be performed. Bidders must carefully examine the Contract Documents,
including the Contract Drawings and the site of the work and perform such inquiries and investigations, as they
deem appropriate in the formulation of their bids. All costs estimated to be incurred by Bidders must be included
within one of the line items in the Bidding Schedule.
Page 415 of 589
{00245263.1} 56 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
NAME OF BIDDER:
SPEC #: 23-05
PROJECT NAME: GRACE HUDSON MUSEUM ROOF REPLACEMENT
BASE BID
ITEM
NO. DESCRIPTION UNIT OF
MEASURE QUANTITY PRICE
1 Provide all necessary equipment, materials, labor and
fees for roof replacement LS 1
$__________________________
450,000.00
San Francisco Roofing Services, Inc.
Page 416 of 589
{00245263.1} 57 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
FAIR EMPLOYMENT PRACTICES CERTIFICATION
TO:_____________________________________________________________
________________________________________________________________
The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she
has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the
Special Provisions contained herein.
GRACE HUDSON MUSEUM ROOF REPLACEMENT
_________________________________________
(Signature of Bidder)
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
(The Bidder shall execute the certification of this page prior to submitting its proposal.)
Page 417 of 589
{00245263.1} 58 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
WORKER'S COMPENSATION CERTIFICATE
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against
liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I
will comply with such provisions before commencing the performance of the work of this contract.
Witness my hand this________ day of _______________, 20
Signature of Bidder, with Business Address:
_______________________________
__________________________________________________
__________________________________________________
7th April 23
Page 418 of 589
{00245263.1} 59 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT
The Bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either
the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she
has/has not, filed all required compliance reports; and that representations indicating submission of required
compliance prior to subcontract awards.
________________________________ 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.)
4/7/2023
Page 419 of 589
{00245263.1} 60 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
LIST OF PROPOSED SUBCONTRACTORS
In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any
amendments thereof, each Bidder shall set forth (a) the name and location of the place of business of each
subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor
licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a
portion of the work or improvement according to detailed drawings contained in the plans and specifications in an
amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each
subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1-
09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor
Registration Number.
SUBCONTRACTOR
NAME
SUBCONTRACTOR
LICENSE NUMBER
SUBCONTRACTOR
DIR
REGISTRATION
NUMBER
SUBCONTRACTOR
BUSINESS
ADDRESS
PORTION/ TYPE
OF WORK
N/A
Page 420 of 589
{00245263.1} 61 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude or character he or she has done and to give
references that will enable the City Council to judge of its experience, skill and business standing and its ability to
conduct work as completely and rapidly as required under the terms of the contract.
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
SEE NEXT PAGE
Page 421 of 589
Page 422 of 589
23102 Marina Community Center In Progress No No No City of San Leandro Garland DBS Doug Clark Roof Coating
23103 South City High School 81,500.00$ No No No S.F. Unified School District SF Roofing Manny Avila Tremco Torch System
23104 Rubecon Work No No No Rubecon Builders Hot Asphalt
23105 Walnut Grove Elementary No No No Pleasanton Unified School District Artnz Builders JP Vanzee 7 Single Ply Roofing System
23106 Brookhill Elementary No No No Santa Rosa Elementary School District Wright Construction David Hamilton 7 Torch Roofing System
23107 Haehl Pavilion SRJCWalte Haeh No No No Santa Rosa Junior College Garland DBS Vince Harper Metal Roof and KEE roofing
23108
Page 423 of 589
{00245263.1} 62 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
NON-COLLUSION AFFIDAVIT
The undersigned declares:
I am the _________________ of ______________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The bid is genuine and not collusive or sham. The Bidder has not directly
or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or
indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain
from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost
element of the bid price, or of that of any other Bidder. All statements contained in the bid are true. The Bidder has
not, directly or indirectly, submitted its bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, to any corporation, partnership, company, association, organization, bid
depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not
pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture,
limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full
power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct and that this declaration is executed on _______________________ [date], at
_____________________________ [city], ________________ [state].
_______________
Secretary
San Francisco
Roofing Services, Inc.
4/7/2023San Francisco CA
Page 424 of 589
{00245263.1} 63 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract
DISQUALIFICATION QUESTIONNAIRE
The Bidder shall complete, under the penalty of perjury, the following questionnaire:
Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has proprietary interest in the
Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state,
or local government project because of a violation of law or a safety regulation?
Yes______ No_____
If the answer is yes, explain the circumstances in the space below.
NAME OF BIDDER: _________________________________________
SIGNATURE OF BIDDER:____________________
Explanation, if any:
x
San Francisco Roofing Services, Inc.
Page 425 of 589
CITY OF UKIAH ORDER NO. 1
CONTRACT CHANGE ORDER DATE: November 7, 2023
Contract for (Description of Facility): Grace Hudson Museum Roof Replacement, Specification No. 23-05
Owner : City of Ukiah, 300 Seminary Avenue, Ukiah, California, 95482-5400
To (Contractor): San Francisco Roofing,
You are hereby directed to make the herein described changes from the contract plans and specifications or do the following described
work not included in the contract plans and specifications:
Change requested by: Project Manager/Engineer.
Justification (Detailed and Concise): These items were not included in the original bid documents. Work will improve future
maintenance.
The amount of the Contract will be (decreased/increased/unchanged) by the estimated sum of five thousand and thirty dollars
($5,030.00).
The contract total including this and previous Change Orders will be: four hundred fifty-five thousand dollars and thirty dollars ($455,030).
The contract period provided for completion will be (increased/decreased/unchanged): 0 day.
This document will become a supplement to the contract and all provisions will apply hereto.
Approved By:___________________ _______________
(City) Date
Accepted:_______________________ _______________
(Contractor) Date
This information will be issued as a record of any changes to the original construction contract.
Description of Changes - Itemized Breakdown
ESTIMATED
DECREASE To
Contract Amount
ESTIMATED
INCREASE To
Contract Amount
1.Install new galvanized gutter screens on all gutters (approximately 400 LF).$5,030
ESTIMATED NET CHANGE IN CONTRACT PRICE $5,030
Ulises Avila. San Francisco Roofing Services Inc.11/10/2023
11/10/2023
ATTACHMENT 4
Page 426 of 589
Change Order Proposal
To:
From:
Attention:
Job Name:
Authorized by: Ulises Avila
Grace Hudson Museum
Mary Horger
Ulises Avila, SF Roofing Services Inc.
- Install new Galvanized Gutter Screens on all Gutters (Approx 400 LF)
Page 427 of 589
Page 428 of 589
Page 429 of 589
PAGE 1 OF 1
McNICHOLS® Perforated Metal
Round, Galvanized Steel, G90, 22 Gauge (.0336" Thick), 5/32" Round on
3/16" Staggered Centers, 63% Open Area, 48" x 120"
McNICHOLS® Perforated Metal, Round, Galvanized Steel, G90, Mill
Finish, 22 Gauge (.0336" Thick), 5/32" Round on 3/16" Staggered Centers,
1/32" Bar Width, 32.86 Holes Per Square Inch (HPSI), Minimum Solid
Margins Both Sides of Sheet Parallel to Length of Sheet, Holes Sheared
Through Both Ends of Sheet Parallel to Width of Sheet, 63% Open Area
ITEM 1453312241 - 48" x 120"
ITEM SPECIFICATIONS
Item Number 1453312241
Product Line Perforated Metal
Hole Type Round
Primary Material Galvanized Steel (GV)
Alloy, Grade or Type G90 (G90)
Material Finish Mill Finish
Gauge/Thickness 22 Gauge (.0336" Thick)
Hole Pattern 5/32" Round on 3/16" Staggered Centers
Hole Size (Diameter)5/32"
Hole Centers 3/16"
Bar Width 1/32"
Hole Arrangement 60° Staggered Centers
Holes Per Square Inch (HPSI)32.86
Straight Rows Parallel to Length of Sheet
Margins Parallel to Width Sheared Through Both Ends
Margins Parallel to Length Minimum Solid Both Sides
End Pattern Sheared Through Both Ends
Percent Open Area 63%
Weight 0.52 Lbs./Square Foot
Product Form Sheet
Sizes (Width x Length)36" x 96";48" x 120" (Cut Sizes Available)
Page 430 of 589
ATTACHMENT 5
Page 431 of 589
Page 1 of 4
Agenda Item No: 12.a.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1518
AGENDA SUMMARY REPORT
SUBJECT: Consideration and Possible Adoption of a Resolution Amending the Fee Schedule for the Planning
and Building Divisions of the Community Development Department.
DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director
PRESENTER: Craig Schlatter, Community Development
Director
ATTACHMENTS:
1. 2023 Fee Comparisons with other Jurisdictions
2. Cost of Services Analysis Planning Building 2024
3. Planning-Services-Fees-2023_Final
4. 2024 Resolution Planning and Building Fees
5. 12a Presentation given at Meeting
Summary: Council will consider and possibly adopt a resolution amending the Fee Schedule for the Planning
and Building Divisions of the Community Development Department.
Background: The Community Development Department currently consists of the Divisions of Planning,
Building, Housing, Code Enforcement, Fire Prevention, Grants Management, and Business Licensing. Below
is a brief background of the Department and how the Divisions of Planning and Building fund a portion of
expenses through fees.
Background on Structural Changes to the Department: 2017-2023
Prior to 2017, the Community Development Department had historically consisted of the Divisions of Planning
and Building. In December 2017, after approving the creation of a new Housing Division for the Department a
couple months earlier, Council approved a plan for the major restructuring of the Department. Along with the
renaming of the Department from "Community Development and Planning" to "Community Development," the
restructuring was undertaken to fully integrate the Divisions of the Department- at that time the Planning,
Building, and Housing Divisions- and enhance service delivery.
Over the last six and a half years, the Divisions of Code Enforcement (2020), Grants Management (2021), Fire
Prevention (2022), and Business Licensing (2023) were added to the Department to further enhance this
service delivery approach and bring development-related services "under one roof." Team members in each
Division are cross-trained in the basic duties of the other six Divisions to eliminate silos and to emphasize the
team approach to the services of the Department.
This integrated service delivery model has proven effective, enabling streamlined processing of planning and
building applications, as well as improving the Department's responsiveness to customers and creating
opportunities for additional customer education and improved communication. The embracing and deployment
of this model by Community Development Department Staff has also, at least in part, resulted in the facilitation
of additional housing units citywide and the City's earning of the ProHousing Designation.
As the Department has brought more development-related services under one roof, its overall fiscal impact to
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Page 2 of 4
the General Fund has also been reduced. The success of the Housing and Grants Management Divisions in
securing grants and building up new programs and resources has also brought in additional revenue to offset
costs, both within the Department and citywide. Although the number of staff has increased in the Department
from 6 Full Time Employees (FTEs) in 2017 to 10 FTEs in 2023, because of the additional divisions and
services added, multiple team members perform multiple services, spreading out costs. In comparing staffing
within the planning and building divisions of 2024 to 2017, for example, the number of staff assigned primarily
to those divisions has been reduced from 6 FTEs in 2017 to 5 FTEs in 2024. In this instance, Staff really is
doing more with less.
Past updates to the Fee Schedule were completed by Council to the two cost recovery divisions of the
Department, Planning and Building. See below for a summary.
2017 - 2023 Fee Schedule Changes to Planning and Building Divisions
• December 2017 - increase to the minimum building permit fee (note: building permit fees had not been
adjusted since 2003). Council directed this building permit fee increase be an incremental first step
towards a more comprehensive update to be undertaken in 2018. No changes to fees of Planning
Division (note: Planning Division fees were comprehensively updated in 2016 but prior had not been
updated since 2007).
• December 2018 - new building permit fee for temporary structures and second part of two-part building
permit fee increase directed in 2017. No changes to fees of the Planning Division.
• January 2020 (public hearing continued from December 2019) - for the Building Division, amendments
to building permit and MEP fees, plus new cost recovery hourly rate for building division, "red tag"
violation fee increase, and adjustments to be in compliance with AB 1414 related to the solar permit
fee. For the Planning Division, increases in the flat fee rate for minor planning permits, Director
Determination, and appeals plus elimination of the Mendocino County Airport Land Use Commission
referral fee, adjustments to align fees for environmental document filing with the California Department
of Fish and Wildlife published rates, and increasing the fee for public appeals.
At the January 2020 meeting, Council directed Staff to undertake the next comprehensive fee review and
update in five years, or by December 31, 2025, and that a CPI percentage adjustment be applied to select
fees for each of the years from 2021 to 2025. Council also directed that Staff provide annual status reports to
Council as to the continued appropriateness of adopted fees.
Discussion: Staff completed one of the directed CPI adjustments to the Department's hourly rate, increasing
the rate from $105/hour to $116/hour but did not complete the CPI adjustments for 2022 or 2023. In July 2023,
the City Manager directed Staff to analyze costs and revenues within the Planning and Building Divisions and
make recommendations. A City Council Ad Hoc Committee, consisting of Councilmembers Crane and Orozco,
was appointed by the Council in December 2023 to provide input on possible changes.
Fee Schedule Analysis Methodology
As a part of this analysis and to make recommendations, Staff utilized the following:
1. Deployment of a study to analyze the Chief Planning Manager and (former) Planning Manager's time, over
an approximately three and a half month period, spent on eight different non-cost recovery activities-
community zoning inquiries, developer zoning inquiries, building permit plan checks, major City-led projects,
and General Plan implementation activities. The study also tracked time spent on flat fee minor site
development permits and minor use permits, both level 1 and level 2.
2. Review of final costs of major site development permits and major use permits in 2022 and 2023.
3. Comparison of the Planning Division's fees to other planning divisions of jurisdictions within an
approximately 100-mile radius of Ukiah (Attachment 1).
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Page 3 of 4
4. Cost of Services Analysis utilizing fully burdened hourly rate from the City Finance Director to calculate the
actual City staff costs on select permits (Attachment 2).
5. Input from the Community Development Department Fee Schedule City Council Ad Hoc Committee.
Conclusions and Recommendations
A summary of conclusions and recommendations is below. For details, please see Attachment 3 for the Cost
of Services Analysis.
Conclusion #1: Planners spent over 40% of their time on community and developer zoning inquiries not
subject to cost recovery. This involved time spent at the public counter, as well as responding to questions via
email and phone related to the zoning code. Although data was not tracked as to the exact nature of the
inquiries, historically these types of inquiries involve basic questions about the code and often do not lead to
the submittal of a project application. Planners also spent nearly 5% of their time on building permit plan
checks.
Recommendation: The Department has already instituted changes in procedure to address this issue and will
annually monitor to ensure the changes are effective. No additional action from Council is recommended.
Conclusion #2: Staff time costs on the processing of "Level 1" minor use permits, minor site development
permits, and minor variances, including the cost of public noticing, was estimated at $949. The current flat fee
is $500. Staff time costs in the processing of "Level 2" minor permits was estimated within the range of $1,387-
$2,344, including the cost of public noticing, and the current flat fee is $900. The majority of minor permits
processed by the Planning Division are level 2 minor permits.
Recommendation: Eliminate "Level 1" and "Level 2" minor permits, instead having one minor permit type.
Increase the amount of the flat fee for the new minor permits from $900 to $1,000.
Additionally, Staff is recommending Council either appoint an ad hoc or continue the work of the existing Fee
Schedule Ad Hoc to explore the creation of a streamlined “ministerial” permit. Although such a permit would be
envisioned to, at the minimum, take the place of former “level 1” minor permits, Staff is interested in exploring
further zoning code streamlining with the ad hoc.
Conclusion #3: In 2022 and 2023, final costs on Major Site Development Permits and Major Use Permits
ranged from $5,000 to $22,000, with the cost for the majority of projects between $3,000 and $8,000. Costs for
other “Major” planning permits such as annexations were similar.
Recommendation: Establish one initial deposit of $3,000 for all Major projects, subject to 100% cost recovery.
Additionally, Staff recommends Council eliminate the Department-wide hourly rate for cost recovery, instead
basing the hourly rate upon the “fully burdened” hourly rate per staff position. Such rates would be updated
each year within the Master Fee Schedule or as position rates change and included within the Department’s
published Fee Schedule.
Conclusion #4: Staff time costs for Boundary Line Adjustments, Lot Mergers, Pre-Application Conference and
Review, and Director Determinations are misaligned with the fees for such services.
Recommendation: For Boundary Line Adjustments (BLAs) and Lot Mergers for non-residentially zoned
parcels, Staff recommends an increase from a flat fee of $350 to a $500 flat fee. For Pre-Application
Conferences/Reviews of more than one hour's worth of time, Staff recommends an increase from $200 (cost
recovery) to $500 (cost recovery); and for Director Determinations, Staff recommends an increase from a $300
flat fee to a $500 flat fee.
Staff additionally recommends that for BLAs and Mergers undertaken on residentially-zoned parcels, the rates
Page 434 of 589
Page 4 of 4
for such applications remain unchanged at $350. This results in a reduced fee to incentivize the production of
infill housing, in alignment with Housing Element Implementing Program 2g: Facilitate the consolidation of
smaller, multi-family parcels by providing technical assistance to property owners and developers in support of
lot consolidation; and 3c: Explore other policies and regulations that facilitate new infill housing development.
Conclusion #5: Building Services Division fees are still adequate and appropriate for existing services, except
the Department-wide hourly rate for cost recovery applications.
Recommendation: As noted above, Staff recommends eliminating the Department-wide hourly rate for cost
recovery applications, instead basing the hourly rate upon the "fully burdened" hourly rate per staff position.
With this exception, Staff recommends no other changes to the fees within the Building Services Division.
Other Recommendations
In addition to the proposed recommendations in this staff report, the Council Ad Hoc had input that Staff would
like to incorporate into two additional recommendations. Specifically:
1. Staff to revise the layout of the online fee schedule posted on the webpage of the Planning Division and
available at the front counter (Attachment 3) such that terms are well-explained and the information is easier to
access/understand; and
2. Staff to do further research and analysis into the existing fee reduction categories (see the table within the
Fee Schedule Resolution in Attachment 4, under #13) and present a report to Council with recommendations
on those fee reductions. Such report would be produced for Council review within four months, or by June 30,
2024.
To move forward these recommendations, Staff recommends Council adopt the Resolution in Attachment 4
amending the Fee Schedule for the Planning and Building Divisions of the Community Development
Department. Staff additionally recommends Council direct the aforementioned "Other Recommendations."
Recommended Action: Adopt Resolution amending the Fee Schedule for the Planning and Building
Divisions of the Community Development Department.
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: Fee Schedule Ad Hoc; Daniel Buffalo, Finance Director
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
Page 435 of 589
Fee Comparisons with Other Jurisdictions ‐ Planning Services
Hourly Rates
Windsor $220.00
Fort Bragg $190.00
Cloverdale $183.00
Healdsburg $182.22
Ukiah $116.00
Eureka $95.00
Mendocino County $90.00
Willits $50.00
Mean $140.78
Note: data collected October 2023.
ATTACHMENT 1
Page 436 of 589
Fee Comparisons with Other Jurisdictions ‐ Planning Services
Annexation
Amount Deposit or Flat Fee? Cost Recovery Notes
Cloverdale $9,130.00 Flat Fee Yes
Flat fee at $9,130 then CR after fee
amount reached.
Clearlake $6,000.00 Flat Fee Yes
Flat fee at $6000 then CR after fee
amount reached. Plus 50% of fee for
overhead.
Eureka $3,000.00 Deposit Yes
Healdsburg $2,534.34 Flat Fee No
Willits $2,500.00 Deposit Yes
Windsor $2,340.00 Flat Fee No
Lakeport $2,199.73 Flat Fee No
Ukiah $1,000‐$3,000 Deposit Yes Full CR
Fort Bragg $0.00 No initial deposit Yes ‐ T&M No deposit but full CR
Major Subdivision
Amount Deposit or Flat Fee? Cost Recovery Notes
Cloverdale $14,970.00 Deposit Yes
Non‐refundable deposit of $14,970‐
then cost recovery; does not include
subdiv map fees.
Mendocino County $11555+$90/hr Deposit Yes
Non‐refundable deposit of $11,555‐
then cost recovery at $90/hr.
Windsor $6389+$28/lot Flat fee No Per lot additional cost
Clearlake $6000+50% OH Deposit Yes
Non‐refundable deposit of
$6,000+50% for overhead; then CR
Healdsburg $5,421.29 Flat fee No
Eureka $3,000.00 Deposit Yes
Lakeport $2,987.32 Flat fee No
Ukiah $1,000‐$3,000 Deposit Yes Full CR
T&M = time and materials
CR = cost recovery
Note: data collected October 2023.
Page 437 of 589
Fee Comparisons with Other Jurisdictions ‐ Planning Services
Minor Subdivision
Amount Deposit or Flat Fee? Cost Recovery Notes
Mendocino County $5796+$90/hr Deposit Yes
Non‐refundable deposit of $5796‐
then cost recovery at $90/hr.
Healdsburg 4,541.99 Flat Fee No
Windsor 4,340.00 Flat Fee No
Clearlake 3,950.00 Flat Fee No
Cloverdale 3,915.00 Flat Fee Yes
Non‐refundable deposit of $3915‐
then cost recovery at T&M costs.
Lakeport 2,069.62 Flat Fee No
Ukiah 900.00 Flat Fee No
Eureka 285.00 Flat Fee No
Fort Bragg N/A N/A Yes Full CR
Willits N/A N/A Yes
CR for all costs. Additional fees for
other departments.
Minor Conditional Use Permit
Amount Deposit or Flat Fee? Cost Recovery Notes
Cloverdale $3,155.00 Deposit Yes
Non‐refundable deposit of $3155‐
then cost recovery.
Mendocino County 2650+90/hr Deposit Yes
Non‐refundable deposit of $2650‐
then cost recovery at $90/hr.
Healdsburg $2,089.18 Flat fee No
Clearlake $2,000.00 Flat fee No
Windsor $1,630.00 Flat fee No
Fort Bragg $1,160.00 Flat fee No
City of Fort Bragg charges a hearing
cost of $1,180 in addition to the
permit fee
Ukiah
Level 1 $500
Level 2 $900 Flat fee No
Eureka $400.00 Flat fee No
Lakeport $191.35 Flat fee No
Willits Cost Recovery Cost Recovery Yes T&M
T&M = time and materials
CR = cost recovery
Note: data collected October 2023.
Page 438 of 589
Fee Comparisons with Other Jurisdictions ‐ Planning Services
Lot Line Adjustment
Amount Deposit or Flat Fee? Cost Recovery Notes
Cloverdale $2,435.00 Deposit Yes
Non‐refundable deposit of $2435‐
then T&M cost recovery after
Healdsburg $1,908.47 Flat fee No
Mendocino County $1439+$90/hr Deposit Yes
Non‐refundable deposit of $1439‐
then cost recovery at $90/hr.
Windsor $1,181.00 Flat fee No
Range of 741‐1621, depending on
size of project. Used average of
range.
Lakeport $989.39 Flat fee No
Clearlake $800.00 Flat fee No
Eureka $610.00 Flat fee No
Fort Bragg $495.00 Flat fee No
Ukiah $350.00 Flat fee No
Willits $300.00 Flat fee No
T&M = time and materials
CR = cost recovery
Note: data collected October 2023.
Page 439 of 589
Fee Comparisons with Other Jurisdictions ‐ Planning Services
Major Conditional Use Permit
Amount Deposit or Flat Fee? Cost Recovery Notes
Windsor $4,963.00 Flat fee No
Arcata $4,773.43 Deposit Yes
Cost recovery after deposit.
Mendocino County 4216+$90/hr Deposit Yes
Non‐refundable deposit of $4216‐
then cost recovery at $90/hr.
Cloverdale $3,155.00 Deposit Yes
Non‐refundable deposit of $3155‐
then cost recovery.
Healdsburg $2,759.13 Flat fee No
Clearlake $2,200.00 Flat fee No
Ukiah $1000‐$3000 Deposit Yes Full CR
Lakeport $725.59 Flat fee No
Eureka $400.00 Flat fee No
Fort Bragg N/A N/A Yes
Full cost recovery.
Willits N/A N/A Yes
CR for all costs. Additional fees for
other departments.
Major Variance
Amount Deposit or Flat Fee? Cost Recovery Notes
Cloverdale $3,405.00 Deposit Yes
Non‐refundable deposit of $3405‐
then cost recovery.
Healdsburg $2,338.21 Flat fee No
Mendocino County 2149+90/hr Deposit Yes
Non‐refundable deposit of $2149‐
then cost recovery at $90/hr.
Ukiah $1,000‐$3,000 Deposit Yes Full CR
Eureka $1,170.00 Flat fee No
Windsor $881.00 Flat fee No
Fort Bragg $775.00 Flat fee No
Lakeport $758.56 Flat fee No
Willits $500.00 Flat fee No
Clearlake $500.00 Flat fee No
T&M = time and materials
CR = cost recovery
Note: data collected October 2023.
Page 440 of 589
Fee Comparisons with Other Jurisdictions ‐ Planning Services
Pre‐Application Review and/or Meeting
Amount Deposit or Flat Fee? Cost Recovery Notes
Cloverdale $1,060.00 Deposit Yes
No charge for first meeting; then non‐
refundable deposit of $1,060 and CR.
Windsor $895.00 Flat fee No
Range of $364‐$1426 as decided by
Director. Using average of range.
Arcata $417.68 Flat fee No
Healdsburg $402.19 Flat fee No
Fort Bragg $350.00 Flat fee No
Ukiah $200.00 Deposit Yes
No charge for first meeting‐ then
refundable deposit of 200 plus full
cost recovery.
Willits $100.00 Flat fee No
Director Determination
Amount Deposit or Flat Fee? Cost Recovery Notes
Healdsburg $965.25 Flat No
Arcata $477.39 Flat No
Windsor $331.00 Flat No
Lakeport $296.97 Flat No
Mendocino County $235.00 Flat No
Ukiah $200.00 Flat No
Cloverdale $185.00 Deposit Yes
Non‐refundable deposit of $185‐
then cost recovery.
Willits $50.00 Flat No
T&M = time and materials
CR = cost recovery
Note: data collected October 2023.
Page 441 of 589
Cost of Services Analysis Page 1
2024 City of Ukiah Planning and Building Divisions Fee Schedule
Proposed Amendments and New Fees
Fee Type: Department Wide Hourly Rate Notes
Description Hourly rate charged for cost recovery projects
Current Rate / Description $116/hour adjusted annually depending on rate of inflation
Proposed Rate / Description
Hourly rate to be "fully burdened," inclusive of salary and benefits for each staff
position of the Community Development Department, plus overhead costs.
Fee Type: Major Planning Permits Notes
Description Major site development permits, major use permits, major amendments to major
site development permits and major use permits, major variances, major
subdivisions, general plan amendments, pre-zonings, annexations, and re-zonings,
planned developments, and specific plan/master plan reviews
Estimated Staff Time Chief Planning Manager / Planning Manager = 25 - 50 hours
Community Development Director = 5 - 10 hours
Community Development Technician = 1 hour
Range of Final Fees for Past
Major Planning Permits
(2023)
$5,000 - $22,000
Current Fee / Description Initial deposit of $1,000 - $3,000; 100% cost recovery
Proposed Fee / Description Initial deposit of $3,000; 100% cost recovery
Fee Type: Level 1 Minor Permits Notes
Description Level 1 Minor Use Permits, Minor Site Development Permits, Minor Amendments to
Minor Use Permits and Minor Site Development Permits, Minor Variances, and
Minor Subdivisions
Estimated Staff Time Chief Planning Manager / Planning Manager = 3 hours
Community Development Director (Zoning Administrator) = 2 hours
Community Development Technician = 0.5 hours
Estimated Costs (staff time plus
direct and indirect costs)
$949
Current Fee / Description Flat fee of $500
Proposed Fee / Description Eliminate "level 1" and "level 2" minor permits and process all permits as "minor
permits"
Study possibility of administrative zoning
permit for permits formerly in the "level 1"
category at future date with City Council
ATTACHMENT 2
Page 442 of 589
Fee Type: Level 2 Minor Permits Notes
Description "Level 2" (formerly) Minor Use Permits, Minor Site Development Permits, Minor
Amendments to Minor Use Permits and Minor Site Development Permits, Minor
Variances, and Minor Subdivisions
Estimated Staff Time Chief Planning Manager / Planning Manager = 5-10 hours
Community Development Director (Zoning Adminstrator) = 2 hours
Community Development Technician = 0.5 hours
Estimated Costs (staff time plus
direct and indirect costs)
$1,387-$2,344
Current Fee / Description Flat fee of $900
Proposed Fee / Description Increase Flat Fee to $1,000 Level 1 and Level 2 permits proposed to
be eliminated
Fee Type: Boundary Line Adjustments and Lot Mergers Notes
Description Boundary Line Adjustments (BLAs) and Lot Mergers
Estimated Staff Time Chief Planning Manager / Planning Manager = 3 hours
Community Development Director (Zoning Adminstrator) = 0 hours
Community Development Technician = 0.5 hours
Estimated Staff Time Costs (not
including public noticing)
$566
Current Fee / Description Flat fee of $350
Proposed Fee / Description Increase Flat Fee to $500 for non-residentially zoned parcels;
For applications of residentially-zoned parcels, fee to remain at $350 with further
fee reductions as already existing in current fee schedule for affordable housing
projects ($260) and special needs housing projects ($170)
Fee Type: Director Determinations Notes
Description Determinations of appropriate use and other similar administrative determinations
issued by the Community Development Director.
Public Noticing Cost N/A
Estimated Staff Time Chief Planning Manager / Planning Manager = 1-2 hours
Community Development Director = 2-3 hours
Community Development Technician = 0.5 hours
Estimated Staff Time Costs $545-$875
Current Fee / Description Flat fee of $300
Proposed Fee / Description Increase flat fee to $500
Page 443 of 589
Planning Services Division
300 Seminary Avenue
Ukiah, CA 95482
planning@cityofukiah.com
www.cityofukiah.com/planning-services
Phone: (707) 463-6268
Fax: (707) 463-6204
2023 Fees for Permits and Services
Application Type & Account Number Adopted Fee
Address Change (10023110‐44153) $100
Amendment – Site Development Permit/Use Permit (10023110‐42320)
Amendment ‐ Major $1000‐$3000 Deposit (1)
Amendment ‐ Minor Level 1 $500
Amendment ‐ Minor Level 2 $900
Annexation (10023122‐44152) $1000‐$3000 Deposit (1)
Appeal (10023110‐42320)
By Project Applicant $500 Deposit (1)
By Public $500 (10)
Boundary Line Adjustment (BLA) (10023110‐44128)
BLA $350
BLA ‐ Affordable Housing Project $260
BLA ‐ Special Housing Needs Project $170
Lot Merger $350
Business License
Staff Review $0
California Environmental Quality Act (CEQA) (4)
Archeological Search for Environmental Review SSU Northwest Information
Center Fee
Document Filing (6) $50
Special CEQA Document or Complex Initial Environmental Study
(10023123‐42330)
Full Consultant Fee plus 15%
Administration Fee
Environmental Impact Report (EIR) (Deposit Account‐Project Specific) Full Consultant Fee plus 15%
Administration Fee
Fish & Game Fee EIR (5) (6) CDFW Filing Fee
Fish & Game Fee Negative Declaration (5) (6) CDFW Filing Fee
Mitigation Monitoring (10023110‐44153) $200
Determinations of Appropriate Use (10023110‐42320)
Planning Director Review $200
Document and Map Fees (10000000‐48110)
General Plan $30
Zoning Ordinance $30
Subdivision Ordinance $30
Master Bike/Pedestrian Plan $30
Airport Master Plan $15
Landscaping Guidelines $15
Design Guidelines $15
Creek Plans $15
General Plan Map $30
Zoning Map $30
Other Plans $5‐$30
Misc. Maps, Graphics and Reports $5‐$30
ATTACHMENT 3
Page 444 of 589
Photo Copy (First 5 copies per day are free and scanning/emailing is free) $.10 per page
Encroachment into Right of Way (10023300‐42310)
Special Encroachment for signs, planters, etc. $50
General Plan Amendment (10023122‐44152) $1000‐$3000 Deposit (1)
General Plan/Advance Planning Maintenance Fee (9) (900.205.234) 15% of total building permit cost
Mural Permit (10023110‐42320)
Planning Commission Review (10023110‐) $450.00
Outdoor Dining Permit (Building 10023300‐42210 / Public Works 10024200‐42403)
New Outdoor Dining Permit ($120 Building / $130 Public Works) $250.00
Renew Outdoor Dining Permit ($50 Building 100231110‐42315) $50.00
Pre‐Application Review (10023122‐44153 )
Planning Commission $300 Deposit (1)
Planning Staff Level 1 (less than 1 hour meeting) $0
Planning Staff Level 2 (more than 1 hour with research & preparation) $200 Deposit (1)
Project Review Committee $250 Deposit (1)
Public Notice (10023122‐44153)
Continuation of Public Hearings at Applicant Request $50
Rezoning (10023122‐44152)
Pre‐zoning $1000‐$3000 Deposit (1)
Rezoning $1000‐$3000 Deposit (1)
Planned Development $1000‐$3000 Deposit (1)
Planned Development ‐ Affordable Housing Project (7) $800 Deposit (7)
Planned Development ‐ Special Housing Needs Project (8) $600 Deposit (8)
Sign Permit (10023300‐42310)
Minor (up to 1 hour of analysis and administrative review) $50
Major (more than 1 hour) $150
Site Development Permit (10023110‐42320)
Major $1000‐$3000 Deposit (1)
Major ‐ Affordable Housing Project (7) $800 Deposit (7)
Major ‐ Special Housing Needs Project (8) $600 Deposit (8)
Minor ‐ Level 1 (parking lot expansions, minor exterior modifications, to existing
commercial/industrial buildings, and similar projects)
Minor ‐ Level 2 (Minor additions, significant exterior alterations, and similar
projects)
Site Inspection Request
$500
$900
Property owner/Applicant $0
Special Meeting (10023300‐42260)
Planning Commission $300
Specific Plan/Master Plan (10023110‐42320)
Specific Plan/Master Plan Review $2000‐$3000 Deposit (1)
Specific Plan/Master Plan ‐ Affordable Housing Project (7) $800 Deposit (7)
Specific Plan/Master Plan ‐ Special Housing Needs Project (8) $600 Deposit (8)
Staff Review/Research (10023110‐44153)
Building Permit Review Fee Discretionary Review Projects $50
Certificate of Compliance (recognize existing parcels) $300
Staff Hourly Rate (adjusts annually) $116(16)
Demolition Permit Historical Review $350
Zoning/Planning Research ‐ Level 1 (up to 1 hour) $0
Zoning/Planning Research ‐ Level 2 (more than 1 hour) $200 Deposit (1)
Subdivision (10023110‐44151)
Exception $500 Deposit (1)
Exception – Affordable Housing Project (7) $400 Deposit (7)
Exception – Special Housing Needs Project (8) $200 Deposit (8)
Major $1000‐$3000 Deposit (1)
Major ‐ Affordable Housing Project (7) $800 Deposit (7)
Page 445 of 589
Major ‐ Special Housing Needs Project (8) $600 Deposit (8)
Minor $900
Minor ‐ Affordable Housing Project $720
Minor ‐ Special Housing Needs Project $540
Modification to Recorded Subdivision Map $600
Subdivision/Parcel Map Time Extension $200
Temporary Objects/Sidewalk Café Encroachment Permit (Planning 1023300‐42310 / Public Works 10024200‐42402)
Planning Fee $50 plus Public Works Fee $45 $95
Use Permit (10023110‐42320)
Major $1000‐$3000 Deposit (1)
Major ‐ Affordable Housing Project (7) $800 Deposit (7)
Major ‐ Special Housing Needs Project (8) $600 Deposit (8)
Minor ‐ Level 1 (Temporary outdoor sales/display, special events and similar
small projects)
Minor ‐ Level 2 (Minor expansions or changes in use per the provisions contained
in Article 20, Chapter 2 of the City Code)
$500
$900
Cannabis Related Business Use Permit Renewal $1000 Deposit (1)
Variance (10023110‐42320)
Major $1000‐$3000 Deposit (1)
Major ‐ Affordable Housing Project (7) $800 Deposit (7)
Special Housing Needs Project (8) $600 Deposit (8)
Minor ‐ Level 1 (Seeking 3 feet or less of relief from a yard setback requirement) $500
Minor ‐ Level 2 (Seeking more than 3 feet but less than 50% relief from yard
setback requirements)
Violation/Penalty (10023110‐44153)
$900
Work without Required Permit Double the Cost of the Permit
1.The application is subject to full cost recovery of staff time and materials required to process the application. Applicants will be billed for the full
cost of processing the application based on staff time and materials over and above the amount of the deposit. For applications requesting multiple
discretionary permits, the deposit shall be the sum of the individual application fees and/or deposits.
2.Very minor projects such as parking lot expansions, minor exterior modifications to existing commercial/industrial buildings, etc.
3.See Article 20, Chapter 2 of the Ukiah Municipal Code.
4.The cost for basic CEQA Initial Studies and Negative Declarations will be recovered through the 100% cost recovery for the discretionary permit.
5.Fee is required unless the applicant provides the City with Dept. of Fish & Game determination that the project will not have an effect on fish and
wildlife.
6.Mendocino County Clerk processing fee. Check made payable to Mendocino County.
7.Affordable Housing Projects. Project proposing 100% of the housing units to be “locked‐in” affordable to citizens earning less than 80% of the area
median income, “sweat equity” residential projects and residential second units. The project is subject to 80% cost recovery.
8.Special Needs Project. Projects involving housing for identified groups in need such as seniors, homeless persons, and the mentally ill. The project is
subject to 60% cost recovery.
9.General Plan/Advance Planning Maintenance Fee. This fee is charged on all Building Permit and will be used to update the General Plan, Zoning
Ordinance and other long range planning documents.
10.When an application is appealed by a member of the public, the appeal is processed as a flat fee application.
11.A reduced Fee of 80% cost recovery rather than 100% will be applied to the following Planning Permit Projects: Solar PV, LEED certification, public
access easement (creeks, streets, pedestrian paths, etc.), substantial over‐planting of trees, significant creek restoration and/or public access, and
similar design elements.
12.A reduced Fee of 80% cost recovery rather than 100% will be applied to Planning Applications made by downtown businesses (DZC area) for new
business or expansion of existing businesses.
13.A reduced Fee of 80% cost recovery rather than 100% will be applied to locally inspired Public Art that is publicly “accessible” and included as a
prominent component in a project.
14.No Planning Permit or Fees required for Community gardens, outdoor dining, live entertainment, sidewalk cafés and tasting rooms if they comply
with specific standards.
15.A reduced Fee of 80% cost recovery rather than 100% will be applied for projects that provide Energy and Water Conservation measures including the
installation of significant energy or water conservation fixtures, appliances or equipment beyond green building code requirements.
16.The hourly rate is subject to an automatic adjustment based on the Consumer Price Index (CPI) annual rate beginning January 2021. The City of Ukiah
hourly rate will be updated annually through the end of 2025.
Amended: March 21, 2007 Updated 12/30/2013 for 2014 CEQA Fees, Updated 5/21/2014 for Outdoor Dining and Temp Encroachment,
Amended: June 1, 2016, Amended January 22, 2018. Amended January 15, 2020. Updated March 30, 2023
Page 446 of 589
RESOLUTION NO. 2024-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING UPDATED
FEES FOR PLANNING AND BUILDING PERMITS AND SERVICES PURSUANT TO CITY
ADOPTED ORDINANCE 880
WHEREAS:
1.Community Development Department (“Department”) Planning and Building Permit
service fees have not been updated since 2020; and
2.The Department conducted a Planning Division fee analysis and time study for permits
processed from 2022 and 2023, comparing to data from a previous fee analysis
conducted from 2017 to 2019, to determine the average amount of processing time per
permit, as well as the total costs to process the permit. Planning permit fee modifications
are in part based on this analysis; and
3.The City Council appointed a Community Development Department Fee Schedule Ad
Hoc Committee comprised of Councilmembers Crane and Orozco to provide input and
recommendations in the updating of the Department’s Fee Schedule; and
4.The existing fee for 100% cost recovery projects was first adopted in 2007. To reduce
invoicing and processing time for the Finance Department and the number of requests
made to the applicant for additional deposits plus reflect the actual cost of the City in
processing these permits, it is reasonable and appropriate to set the Community
Development Department cost recovery hourly rate based on a per staff position “fully
burdened” hourly rate adjusted annually by the Finance Director within the Master Fee
Schedule. The fully burdened hourly rate will be inclusive of salary and benefits for each
staff position of the Community Development Department, as well as overhead costs,
which will include the at-cost charge for direct costs and a percentage of costs according
to the most recently adopted Cost Allocation Plan; and
5.Due to the increased costs (salary, benefits, legal ads, postage, etc.) for processing of
major planning permits- defined for the purposes of this Fee Schedule as major use
permits, major site development permits, major amendments to major use permits and
major site development permits, major variances, major subdivisions, general plan
amendments, pre-zonings/re-zonings/annexations, planned developments, and specific
plan/master plan reviews- and to reduce invoicing and processing time for the Finance
Department and the number of requests made to the applicant for additional deposits
plus reflect the actual cost of the City in processing these permits, it is reasonable and
appropriate to increase the initial deposit amount for such permits, which are fully cost
recoverable, from $1,000.00-$3,000.00 to $3,000; and
6.Due to the generally non-controversial nature and limited community impact of level 1
minor permits- defined for the purposes of this Fee Schedule as minor site development
permits, minor use permits, amendments to minor site development permits and minor
use permits, minor variances, and minor subdivisions -and the opportunity for
streamlined processing of such permits, the two different levels for minor permits, level
1 and level 2, are hereby eliminated, and all minor permits will be processed as what
was formerly the level 2 permit; and
7.Due to the increased costs (salary, benefits, legal ads, postage, etc.) for processing of
minor planning permits- defined for the purposes of this Fee Schedule as minor site
development permits, minor use permits, amendments to minor site development
permits and minor use permits, minor variances, and minor subdivisions- it is
reasonable and appropriate to increase the fee for such permits from $900.00 to
$1,000.00; and
ATTACHMENT 4
Page 447 of 589
8. Due to the increased costs (salary, benefits, legal ads, postage, etc.) for processing of
Director Determinations, it is reasonable and appropriate to increase the fee from
$300.00 to $500; and
9. Due to the increased costs (salary, benefits, legal ads, postage, etc.) for processing of
Boundary Line Adjustments and Lot Mergers on non-residentially zoned parcels, it is
reasonable and appropriate to increase the fee from $350 to $500; and
10. In alignment with the City’s housing goals, the City has determined that a fee reduction
is appropriate for Boundary Line Adjustments and Lot Mergers undertaken on
residentially zoned parcels. Fees for the processing of such applications on
residentially-zoned parcels shall be $350; with fees further discounted to $260 for
affordable housing projects and $170 for special needs housing projects; and
11. Due to the cost recovery nature of major permits, and to reduce the invoicing and
processing time for the Finance Department and the number of requests made to the
applicant for additional deposits plus reflect the actual cost of the City in processing these
permits, it is reasonable and appropriate to eliminate the stand-alone flat fee of $50 for
“Continuations of Public Hearings at the Applicant’s Request” and instead roll these
costs directly into the cost of the major planning permit(s); and
12. A public notice was posted in the Ukiah Daily Journal on February 11, 2024 and online
on the City’s Press Releases, Notices, and Bulletins webpage to notify the public of the
possible changes to the Fee Schedule and give the public an opportunity to make their
comments known; and
13. The City has determined that a fee reduction for projects that promote/provide
economic development, affordable and special needs housing, energy conservation
and public benefits are still reasonable and appropriate. These fees have not been
adjusted and include the following:
Economic Development
Energy Conservation Public
Benefit Components
Fee Reduction
(No change)
Project Design: Solar PV, LEED
certification, public access easement
(creeks, streets, pedestrian paths, etc.),
substantial over-planting of trees, significant
creek restoration and/or public access, and
similar design elements.
80% cost recovery rather than 100% on
Planning Permits
Downtown Businesses: Planning
Applications made by downtown
businesses (DZC area) – new business or
expansion of existing business
80% cost recovery rather than 100% on
Planning Permits
Industrial/Light Manufacturing: Planning
Applications for industrial or light
manufacturing businesses.
80% cost recovery rather than 100% on
Planning Permits
Public Art: Locally inspired publicly
“accessible” art included as prominent
component in project
80% cost recovery rather than 100% on
Planning Permits
Page 448 of 589
Community gardens, outdoor dining, live
entertainment, sidewalk cafés and tasting
rooms.
No Planning Permit or Fees required – must
comply with specific standards
Energy and Water Conservation:
Installation of significant energy or water
conservation fixtures, appliances or
equipment beyond green building code
requirements
80% cost recovery rather than 100% on
Planning Permits
Affordable Housing Projects: 80% deposit and 80% cost recovery rather than
100% on Planning Permits
Special Needs Housing Projects: 60% deposit and 60% cost recovery rather than
100% on Planning Permits
14. The City Council conducted a duly noticed public hearing on February 21, 2024 to
discuss and receive public comments on the proposed fees.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the updated
fee schedule for planning and building permits and services of the Community Development
Department, as listed on the attached Exhibit A.
PASSED AND ADOPTED this day of February, 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Josefina Dueñas, Mayor
ATTEST:
Kristine Lawler, City Clerk
Page 449 of 589
EXHIBIT A
Permits and Services for the Planning and Building Services Divisions
Fee Resolution
Planning Services Fees
PERMIT APPLICATION
OR SERVICE
CURRENT FEE
NEW FEE
Staff Hourly Rate
$116.00 Department-wide hourly rate with an
automatic adjustment to the hourly rate based on
the Consumer Price Index (CPI) annual rate
beginning January 2021, and continuing for each
of the subsequent four years through the end of
2025.
Fully burdened hourly rate,
inclusive of salary and benefits
for each position and overhead
costs. Overhead includes the
at-cost charge for direct costs
and a percentage of City costs
according to the most recently
adopted Cost Allocation Plan
Site Development Permit
Major
$1,000.00-$3,000.00 deposit and 100% cost
recovery.
Affordable Housing Project: $800.00 and 80% cost
recovery
Special Needs Housing Project: $600 and 60%
cost recovery
$3,000.00 deposit and full cost
recovery at the fully burdened
hourly rate per position, as
indicated above
Affordable Housing Project:
$2,400.00 and 80% cost
recovery at the fully burdened
hourly rate per position, as
indicated above
Special Needs Housing Project:
$1,800 and 60% cost recovery
at the fully burdened hourly rate
per position, as indicated above
Site Development Permit
Minor
$500.00 (level 1)
$900 (level 2)
No Level 1 permit; all permits
processed at former Level 2
level; and new fee is $1,000
Use Permit
Major
$1,000.00-$3,000.00 deposit and 100% cost
recovery.
Affordable Housing Project: $800.00 and 80% cost
recovery
Special Needs Housing Project: $600 and 60%
cost recovery
$3,000.00 deposit and full cost
recovery at the fully burdened
hourly rate per position, as
indicated above
Affordable Housing Project:
$2,400.00 and 80% cost
recovery at the fully burdened
hourly rate per position, as
indicated above
Special Needs Housing Project:
$1,800 and 60% cost recovery
at the fully burdened hourly rate
per position, as indicated above
Page 450 of 589
PERMIT APPLICATION
OR SERVICE
CURRENT FEE
NEW FEE
Cannabis Related
Business Use Permit
Renewal
$1,000.00 deposit and subject to 100% cost
recovery
No change to deposit; and
permit still subject to cost
recovery but will be billed at the
fully burdened hourly rate per
position, as indicated above
Use Permit
Minor
$500.00 (level 1)
$900 (level 2)
No Level 1 permit; all permits
processed at former Level 2
level; and new fee is $1,000
Use Permit
Site Development Permit
Amendment
$500.00 (level 1)
$900.00 (level 2)
$1,000.00-$3,000.00 deposit and 100% cost
recovery (Major Amendment)
$1,000 Flat Fee (Minor
Amendment)
$3,000 Deposit and 100% cost
recovery (Major Amendment) at
the fully burdened hourly rate
per position, as indicated above
Variance
Major (seeking more than
50% relief from the Code)
$1,000.00-$3,000.00 deposit and 100% cost
recovery.
Affordable Housing Project: $800.00 and 80% cost
recovery
Special Needs Housing Project: $600 and 60%
cost recovery
$3,000.00 deposit and full cost
recovery at the fully burdened
hourly rate per position, as
indicated above
Affordable Housing Project:
$2,400.00 and 80% cost
recovery at the fully burdened
hourly rate per position, as
indicated above
Special Needs Housing Project:
$1,800 and 60% cost recovery
at the fully burdened hourly rate
per position, as indicated above
Variance
Minor (seeking less than
50% relief from the Code)
$500.00 (level 1)
$900.00 (level 2)
No Level 1 Variance; all
variances processed at former
Level 2 level; and new fee is
$1,000
Subdivision
Major
$1,000.00-$3,000.00 deposit and 100% cost
recovery.
Affordable Housing Project: $800.00 and 80% cost
recovery
Special Needs Housing Project: $600 and 60%
cost recovery
$3,000.00 deposit and full cost
recovery at the fully burdened
hourly rate per position, as
indicated above
Affordable Housing Project:
$2,400.00 and 80% cost
recovery at the fully burdened
hourly rate per position, as
indicated above
Special Needs Housing Project:
$1,800 and 60% cost recovery
at the fully burdened hourly rate
per position, as indicated above
Page 451 of 589
PERMIT APPLICATION
OR SERVICE
CURRENT FEE
NEW FEE
Subdivision
Minor
$900.00
Affordable Housing Project: $720.00
Special Needs Housing Project: $540.00
$1,000
Affordable Housing Project:
$800
Special Needs Housing Project:
$600
Subdivision
Exception
(Minor Subdivisions)
$500.00
Affordable Housing Project: $400
Special Needs Housing Project: $200
No change
Boundary Line Adjustment
Residentially Zoned
Parcel(s)
$350
Affordable Housing Project: $260
Special Needs Housing Project: $170
No change
Boundary Line Adjustment
Non-Residentially Zoned
Parcel(s)
$350
$500
Lot Merger
Residentially Zoned
Parcel(s)
$350
Affordable Housing Project: $260
Special Needs Housing Project: $170
No change
Lot Merger
Non-Residentially Zoned
Parcel(s)
$350
$500
Modification to Recorded
Subdivision Map $600.00 No change
Subdivision/Parcel Map
Time Extension
$200.00
No change
Appeal
$500 Deposit and full cost recovery (Project
Applicant)
$500 Flat Fee (Public)
No change, except that cost
recovery will be billed at the
fully burdened hourly rate per
position, as indicated above
General Plan Amendment
$1,000.00-$3,000.00 deposit and 100% cost
recovery
$3,000.00 deposit and full cost
recovery at the fully burdened
hourly rate per position, as
indicated above
Page 452 of 589
PERMIT APPLICATION
OR SERVICE
CURRENT FEE
NEW FEE
Annexation
$1,000.00-$3,000.00 deposit and 100% cost
recovery
$3,000.00 deposit and full cost
recovery at the fully burdened
hourly rate per position, as
indicated above
Pre-zoning
$1,000.00-$3,000.00 deposit and 100% cost
recovery
$3,000.00 deposit and full cost
recovery at the fully burdened
hourly rate per position, as
indicated above
Rezoning
$1,000.00-$3,000.00 deposit and 100% cost
recovery
$3,000.00 deposit and full cost
recovery at the fully burdened
hourly rate per position, as
indicated above
Planned Development
$1,000.00-$3,000.00 deposit and 100% cost
recovery
Affordable Housing Project: 80% cost recovery
Special Needs Housing Project: 60% cost
recovery
$3,000.00 deposit and full cost
recovery at the fully burdened
hourly rate per position, as
indicated above
Affordable Housing Project:
$2,400.00 and 80% cost
recovery at the fully burdened
hourly rate per position, as
indicated above
Special Needs Housing Project:
$1,800 and 60% cost recovery
at the fully burdened hourly rate
per position, as indicated above
CEQA Document Filing
Fee
(fee subject to change
based on County
requirement)
$50 or current recording fee for CEQA document
filing as posted by the Mendocino County Clerk-
Recorder’s Office
No change
CA Fish and Wildlife
CEQA Fee
(fee subject to increase
based on State
requirement)
CDFW Filing Fee:
https://www.wildlife.ca.gov/conservation/CEQA/Fe
es (fee subject to increase every January 1st
based on State requirement)
No change
CEQA Mitigation
Monitoring
$200 No change
Pre-Application
Review and Zoning
Research
(Planning Division Staff)
Level 1: $0
Level 2: $200 Deposit and 100% cost recovery
No change (level 1)
Level 2: No change, except that
cost recovery will be billed at
the fully burdened hourly rate
per position, as indicated above
Page 453 of 589
PERMIT APPLICATION
OR SERVICE
CURRENT FEE
NEW FEE
Demolition Permit
Historical Review
$350 No change
Certificate of Compliance
(to recognize existing
parcels)
$300 No change
Temporary Objects /
Sidewalk Café
Encroachment Permit
$95
(Planning Div. = $50; Public Works Dept. = $45)
No change
Pre-Development Review
(Project Review
Committee)
$250.00
No change
Pre-Application Review
(Planning Commission)
$300.00 deposit and 100% cost recovery
No change, except that cost
recovery will be billed at the
fully burdened hourly rate per
position, as indicated above
Environmental Impact
Report (EIR), Special
CEQA Document or
Complex Initial
Environmental Study
Full Consultant Cost plus 15% administration fee
No change
Archaeological Search –
for Environmental Review
Full Cost – Paid directly to Sonoma State
University Northwest Information Center
No change
Public Hearing
Continuations requested
by applicants that require
re-noticing
$200.00
No change
Penalty/Violation
(proceeding without
permit)
Double the cost of the permit
No change
Specific Plan/Master Plan
Review
$2,000.00-$3,000.00 deposit and 100% cost
recovery
Affordable Housing Project: $800 deposit and 80%
cost recovery
Special Needs Housing Project: $600.00 deposit
and 60% cost recovery
$3,000.00 deposit and full cost
recovery at the fully burdened
hourly rate per position, as
indicated above
Affordable Housing Project:
$2,400.00 and 80% cost
recovery at the fully burdened
hourly rate per position, as
indicated above
Special Needs Housing Project:
$1,800 and 60% cost recovery
at the fully burdened hourly rate
per position, as indicated above
Page 454 of 589
PERMIT APPLICATION
OR SERVICE
CURRENT FEE
NEW FEE
Address Change $100.00 No change
Site Inspection Request by
Property Owner/Applicant
$0.00 No change
Sign Permit Minor: $50.00 (up to 1 hour of staff time)
Major: $150.00 (more than 1 hour of staff time)
No change
Building Permit Planning
Review Fee
$50 No change
General Plan/Advance
Planning Maintenance Fee
15% of the total cost of a Building Permit (Building
Permit, Mechanical Permit, Electrical Permit,
Plumbing Permit and Plan Check)
No change
Reproduction of the
following:
Document and Map Fees
General Plan
Zoning Ordinance
Subdivision Ordinance
Master Bike/Ped Plan
Airport Master Plan
Landscaping Guidelines
Design Guidelines
Creek Plans
General Plan Map
Zoning Map
Other Plans (misc. maps,
graphics, and reports)
$30.00
$30.00
$30.00
$30.00
$30.00
$15.00
$15.00
$15.00
$30.00
$30.00
$5.00-$30.00
$5.00-$30.00
No change
Photocopying $0.10 per page
First 5 copies are provided at no cost
No change
Director’s Determination
(Determinations of
Appropriate Use)
$300
$500
Mural Permit
Private Property: $450
Public Property: No fee
No change
Violation / Penalty
(Zoning Code) Double the Cost of the Permit No change
Continuation of Public
Hearing at Applicant’s
Request
$50
Eliminate stand-alone flat fee
and incorporate any costs of
continuation into cost recovery
Page 455 of 589
Building Services Fees
SERVICE
CURRENT FEE
NEW FEE
Mandatory Training and
Certification Surcharge
4% on all Building Permits
No change
Technology and Records
Management Surcharge
3% on all Building Permits
No change
Minimum Building Permit
Temporary Certificate of
Occupancy
Based on the project size and
timeframe
>$100,000 = $500.00/ 60 days
<$100,000 = $1,000.00/ 60 days
No change
Request for Alternate
Materials and Methods
Review
$ 100% Cost Recovery
No change, except that cost
recovery will be billed at the fully
burdened hourly rate per position,
as indicated above
Appeal to Building
Regulations Appeal Board
100% Cost Recovery, 2-hour
minimum
No change, except that cost
recovery will be billed at the fully
burdened hourly rate per position,
as indicated above
Postage – Structural Plan
Check
Actual Cost
No change, except that cost
recovery will be billed at the fully
burdened hourly rate per position,
as indicated above
New Outdoor Dining Permit $250
($120 Building Division; $130
Public Works Dept)
No change
Outdoor Dining Permit
Renewal
$50 No change
Minimum Building Permit
Fee for Temporary
Structures
$225 No change
Minimum Building Permit
Fee
$105 No change
Building Permit Review Fee
for Discretionary Projects
$50 No change
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Building Fees
1.00 -500.00 105.00$
501.00 - 2,000.00 105.00$ for the first 500.00 plus 4.75$ for each additional 100.00 or fraction thereof, to and including 2,000.00
2,001.00 - 25,000.00 107.62$ for the first 2,000.00 plus 21.76$ for each additional 1,000.00 or fraction thereof, to and including 25,000.00
25,001.00 - 50,000.00 608.78$ for the first 25,000.00 plus 15.69$ for each additional 1,000.00 or fraction thereof, to and including 50,000.00
50,001.00 - 100,000.00 1,000.38$ for the first 50,000.00 plus 10.88$ for each additional 1,000.00 or fraction thereof, to and including 100,000.00
100,001.00 - 500,000.00 1,545.04$ for the first 100,000.00 plus 8.55$ for each additional 1,000.00 or fraction thereof, to and including 500,000.00
500,000.00 - 1,000,000.00 5,025.24$ for the first 500,000.00 plus 7.38$ for each additional 1,000.00 or fraction thereof, to and including 1,000,000.00
1,000,000.00 - And Up 8,715.99$ for the first 1,000,000.00 plus 5.67$ for each additional 1,000.00 or fraction thereof
Red Tagged work w/o permit Permit fee plus 3 times permit fee.
Other inspection fees
Inspections outside of normal business hours 105.00$ * (mininum charge - Two hours)
Reinspection fees assessed under provisions of section 305.8 105.00$ *
Inspections for which no fee is specifically indicated 105.00$ *
Additional plan review requred by changes, additions or revisions to plans 105.00$ *
For use of outside consultants for plan checking and inspections, or both. Cost ** Actual Cost
* Or the total hourly cost to the jurisdiction, whichever is the greatest.
This cost shall include supervision, overhead, equipment, hourly wages,
and fringe benefits of the employees involved.
** Actual cost includes administrative and overhead costs.
Community Development Department - Building Division
Fees - Building Permits
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Mechanical Permit Fees Fee
For the issuance of each mechanical permit.105.00$
For issuing each supplemental permit for which the original permit has not expired, been cancelled or finaled. 12.88$
Unit Fee Schedule
Furnaces
For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 Btu/h (29.3 KW)26.29$
For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, over 100,000 Btu/h (29.3 KW)32.32$
For the installation or relocation of each floor furnace, including vent.26.29$
For the installation or relocation of each suspended heater, recessed wall heater or floor-mounted unit heater.26.29$
Appliance Vents
For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit.12.88$
Repairs or Additions
For the repair of, alteration of, or additions to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system,
including installation of controls regulated by the Mechanical Code.24.34$
Broilers, Compressors and Absorption Systems
For the installation or relocation of each boiler or compressor to and including 3 horsepower (10.6kw), or each absorption system to and including 100,00 Btu/h (29.3kw)26.11$
For the installation or relocation of each boiler or compressor over 3 horsepower (10.6kw), to and including 15 horsepower (52.7kw) or each absorption system over 100,00 Btu/h (29.3kw)
to and including 500,000 Btu/h (146.6kw)48.22$
For the installation or relocation of each boiler or compressor over 15 horsepower (52.7kw), to and including 30 horsepower (105.5kw) or each absorption system over
500,000 Btu/h (146.6kw) to and including 1,000,000 Btu/h (293.1kw)66.16$
For the installation or relocation of each boiler or compressor over 30 horsepower (105.5kw), to and including 50 horsepower (176kw) or each absorption system over
1,000,000 Btu/h (293.1kw) to and including 1,750,000 Btu/h (512.9kw)98.48$
For the installation or relocation of each boiler or compressor over 50 horsepower (176kw), or each absorption system over 1,750,000 Btu/h (512.9kw)164.54$
Air Handlers
For each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4719 L/s), including ducts attached thereto. Note: This fee does not apply to an air-handling unit which 18.91$
is a portion of a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code.
For each air-handling unit over 10,000 (cfm) (4719 L/s)32.14$
Evaporative Coolers
For each evaporative cooler other than portable type.18.91$
Ventilation and Exhaust
For each ventilation fan connected to a single duct.12.88$
For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit.18.91$
For the installation of each hood which is served by mechanicial exhaust, including the ducts for such hood. 18.91$
Incinerators
For the installation or relocation of each domestic-type incinerator.32.32$
For the installation or relocation of each commercial or industrial-type incinerator.25.76$
Miscellaneous (Mechanical)
For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories, or for which no other fee is listed in this code. 18.91$
Other Inspections and Fees (Mechanical)
*Inspection outside of normal business hours, per hour (Minimum charge two hours)105.00$
*Reinspection fees assessed under provisions of section 305.5, per inspection.105.00$
*Inspection for which no fee is specifically indicated, per hour (Minimum charge one half hour)105.00$
*Additional plan review required by changes, additions or revisions to plans or to plans which an initial review has been completed. (Minimum charge one half hour)105.00$
*Or the total hourly cost to the jurisdiction, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.
Community Development Department - Building Division Fees
Mechanical, Electrical, and Plumbing (MEP)
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Electrical Permit Fees Fee
For the issuance of each electrical permit.105.00$
For the issuance of each supplemental permit for witch the original permit has not expired, been cancelled, or finaled.12.88$
System Fee Schedule (note: the following do not include permit issuing fee)
New Residential Buildings
The following fees shall include all wiring and electrical equipment in or on each building, or other electrical equipment on the same premises constructed at the same time.
Multifamily - For new multifamily buildings (apartments and condominiums) having three or more dwelling units constructed at the same time, not incluing area of garages, carports,
and accessory buildings, per square ft (0.09m2) 0.96$
Single and two family - For new Single and two family residential buildings constructed at the same time, not including area of garages, carports, and accessory buildings,
per square ft (0.09m2)0.96$
For other types of residential occupancies and for alteration, additions, and modifications to existing residential buildings, use the unit fee schedule.
Private Swimming Pools
For new private, in-ground swimming pools for single-family and multifamily occupancies, including a complete system of necessary branch circuit wiring, bonding, grounding, under-
water lighting, water pumping and other similar electrical equipment directly related to the operation of a swimming pool, each pool.87.92$
Carnivals and Circuses
Carnivals, circuses, or other traveling shows or exhibitions utilizing transportable-type rides, booths, displays and attractions.
For electric generators and electrically driven rides, each 41.74$
For mechanically driven rides and walk-though attractions or displays having electric lighting, each.12.88$
For a system of area and booth lighting, each 12.88$
For permanently installed rides, booths, displays and attractions, use the Unit Fee Schedule.
For a temporary service power pole or pedestal-mounted receptacle outlets and appurtenances, each 41.74$
For a temporary distribution system and temporary lighting and receptacle outlets for construction sites, decorative lights, Christmas tree sales lots, fireworks stands, etc. each 21.84$
UNIT FEE SCHEDULE
(Note: The following does not include permit-issuing fee.)
Receptacle, Switch and Lighting Outlets
For receptacle, switch, light or other outlets at which current is used or controlled, except services, feeders and meters: First 20, each 1.95$
Additional fixtures, each 1.30$
Note: For multi-outlet assemblies, each 5 feet (1524 mm) or fraction thereof may be considered as one outlet.
Lighting Fixtures
For lighting fixtures, sockets or other lamp-holding devices:
First 20 fixtures, each 1.95$
Additional fixtures, each 1.30$
For pole or platform-mounted lighting fixtures, each 1.95$
For theatrical-type lighting fixtures or assemblies, each 1.95$
Residential Appliances
For fixed residential appliances or receptacle outlets for same, including wall-mounted electric ovens; counter-mounted cooking tops; electric ranges, self-contained
room, console or through-wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor-operated
appliances not exceeding one horsepower (HP) (746 W) in rating, each 8.43$
Note: For other types of air conditioners and other motor-driven appliances having larger electrical ratings, see Power Apparatus.
Nonresidential Appliances
For nonresidential appliances and self-contained factory-wired, nonresidential appliances not exceeding 1 horsepower (HP), kilowatt (kW) or kilovolt-ampere (kVA), in rating, including
medical and dental devices, food, beverage and ice cream cabinets; illuminated show cases, drinking fountains, vending machines, laundry machines, or similar types of equipment,
each. Note: For other types of air conditioners and motor-driven appliances having larger electrical ratings, see Power Apparatus.8.43$
Power Apparatus
For motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment and
other apparatus, as follows:
Rating in horsepower (HP), kilowatts (kW), kilovolt-amperes (kVA), or kilovolt-amperes-reactive (kVAR):
Up to and including 1, each 8.43$
Over 1 and not over 10, each 21.84$
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Over 10 and not over 50, each 43.70$
Over 50 and not over 100, each 87.92$
Over 100, each 132.32$
Note: For equipment or appliances having more than one motor, transformer, heater, etc., the sum of the combined ratings may be used.
Note: These fees include all switches, circuit breakers, contractors, thermostats, relays and other directly related control equipment.
Busways
For trolley and plug-in-type busways, each 100 feet (30 480 mm) or fraction thereof 12.88$
Note: An additional fee will be required for lighting fixtures, motors and other appliances that are connected to trolley and plug-in-type busways. Fee not required for portable tools.
Signs, Outline Lighting and Marquees
For signs, outline lighting systems or marquees supplied from one branch circuit, each 43.70$
For additional branch circuits within the same sign, outline lighting system or marquee, each 8.43$
Services
For services of 600 volts or less and not over 200 amperes in rating, each 54.18$
For services of 600 volts or less and over 200 amperes to 1,000 amperes in rating, each 110.38$
For services over 600 volts or over 1,000 amperes in rating, each 220.75$
Miscellaneous Apparatus, Conduits, and Conductors
For electrical apparatus, conduits, and conductors for which a permit is required but for which no fee is herein set forth 32.32$
Note: This fee is not applicable when a fee is paid for one or more services, outlets, fixtures, appliances, power apparatus, busways, signs or other equipment
OTHER INSPECTIONS AND FEES (Electrical)
*Inspection outside of normal business hours, per hour (Minimum charge two hours) 105.00$
*Reinspection fees assessed under provisions of section 305.8, per inspection.105.00$
*Inspection for which no fee is specifically indicated, per hour (Minimum charge one half hour) 105.00$
*Additional plan review required by changes, additions or revisions to plans or to plans which an initial review has been completed. (Minimum charge one half hour) 105.00$
*Or the total hourly cost to the jurisdiction, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.
Plumbing Fees Fee
For the issuance of each plumbing permit.105.00$
For issuing each supplemental permit for which the original permit has not expired, been cancelled or finaled. 12.88$
Unit Fee Schedule
Fixtures and vents. For each plumbing fixture or trap set of fixtures on one trap. (Including water, drainage piping and backflow protection thereof) 17.41$
For repair or alteration of drainage or vent piping each fixture.8.43$
Sewers, Disposal Systems and Interceptors
For each building sewer and each trailer park sewer.43.78$
For each cesspool.66.16$
For each private sewage disposal system. 132.32$
For each industrial waste pretreatment interceptor, Including its trap and vent (exception kitchen-type grease interceptors functioning as fixture traps). 35.34$
Rainwater systems per drain (inside building).17.41$
Water Piping and Water Heaters
For installation, alteration, or repair of water piping or water treating equipment, or both, each.8.43$
For each water heater including vent. (For vents only see Table 3-C).21.84$
Gas Piping Systems
For each gas piping system of one to five outlets. 10.93$
For each additional outlet over five, each.1.95$
Lawn Sprinklers, Vacuum Breakers and Backflow Protection Devices
For each lawn sprinkler system on any one meter, including, backflow protection devices thereof.26.29$
For atmospheric-type vacuum breakers or backflow protection devices not included in Item 1: 1 to 5 devices.21.84$
For over 5 devices, each 4.00$
For each backflow-protection device other than atmospheric-type vacuum breakers: 2 inches (50.8mm) and smaller.21.84$
Over 2 inches (50.8mm)43.78$
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Swimming Pools For Each Swimmimg Pool Or Spa.
Public Pool 162.06$
Public Spa 107.89$
Private pool 107.89$
Private Spa 53.73$
Miscellaneous (Plumbing)
For each appliance or price of equipment regulated by the plumbing code but not classed in other appliance categories, or for which no other fee is listed in this code. 17.41$
Other Inspections and Fees (Plumbing)
*Inspection outside of normal business hours, per hour (Minimum charge two hours) 105.00$
*Reinspection fees assessed under provisions of section 305.5, per inspection.105.00$
*Inspection for which no fee is specifically indicated, per hour (Minimum charge one half hour) 105.00$
*Additional plan review required by changes, additions or revisions to plans or to plans which an initial review has been completed. (Minimum charge one half hour) 105.00$
*Or the total hourly cost to the jurisdiction, whichever is greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.
City Of Ukiah Fees
Mandatory Training and Certification surcharge. (based on a % of building permits, plan review, and utility permit fees) 4%
Technology and records management surcharge. (based on a % of building permits, plan review, and utility permit fees) 3%
General plan update fund. (based on a % of building permits, plan review, and utility permit fees) 15%
Temporary certificate of occupancy. (Based on the project size and timeframe. ) (60 Days)
> $100,000.00 500.00$
<$100,000.00 1,000.00$
Request for alternate materials and methods review. (100% cost recovery fully burdened rate per hour)230.00$
Appeal to building regulations appeal board. (Two Hours of Building Official time minimum)Cost
Postage - 3rd party plan check. (100% cost recovery)
Red Tagged work without permits violation fee (Permit fee plus violation fee) 3 Times
New deck/decking. (per square foot) 37.80$
Re-roofing shingles only. (per square foot)2.70$
Re-roof sheathing/ plywood. (per square foot)2.70$
Temporary structure ( Max 60 days) 225.00$
Residential Solar permit. Max permit Fee 450.00 to come in to compliance with AB 1414 368.50$
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2024 Fee Schedule Update
DIVISIONS OF PLANNING AND BUILDING
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Background
•Prior to 2017, Department consisted of Planning and Building Divisions (typical)
•2017 – Housing Division created; Department becomes “Community Development” (CD) and
restructured to integrate and emphasize team approach to development services.
•2020 – Code Enforcement Division added (CDBG augmentation in 2022)
•2021 – Grants Management Division
•2022 – Fire Prevention Division
•2023 – Business Licensing
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Planning
Building
Housing
Code
EnforcementGrants Management
Fire Prevention
Business
Licensing
Pre‐2017
2024
Ukiah Community
Development Services
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Results from Restructure
1.Team approach to development services – delivering projects and programs quickly and
efficiently while providing responsive, informative, and friendly customer service.
2.Innovation – evaluating effectiveness and seeking out new solutions to better deliver on #1.
3.Cost savings to the Department overall through spreading out costs among Divisions.
o Do not have to rely on fee increases as much to sustain Department.
o 6 FTE in Planning and Building pre‐2017; 5 FTE in Planning and Building 2024
4.ProHousing designation/increased housing production, record‐breaking permit issuance
times, improved community safety, significant grant revenue generation, advanced planning
projects completed and being completed, etc.
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Terms Defined for Presentation
•Cost recovery (CR) = cost for time spent by staff in performing activity and overhead, materials,
and/or related organizational costs and charged directly to customer. Variations on this:
o Time and Materials (T&M) = (usually) full cost of time and materials; similar to fully burdened rate
o Some jurisdictions charge flat overhead rate, like 50% per service/activity/application; others charge
according to cost allocation plan or other Council‐approved rate plan
o Flat fee = one fee charged to customer regardless of cost to City; if fees not equal to costs to City, then
in essence General Fund subsidizes difference.
•Deposit = minimum deposit required; usually billed at CR and any funds remaining refunded.
•Variations on the above = non‐refundable initial deposit and full CR at dept‐wide or fully
burdened rate.
•Fully burdened vs. Department‐wide hourly rate
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2017‐2023 Fee Schedule Changes
•12/2017 – minimum building permit fee increase (part 1 of 2); no changes to planning fees.
•12/2018 – temp structures fee and minimum bldg. permit fee increase (2 of 2); no changes to
planning fees.
•01/2020 (continued public hearing from 12/2019)
o Building Division: permit and MEP fee amendments; new CR rate; red tag violation fee increase; rate
adjustments for AB 1414
o Planning Division: increase to flat fee rate for minor planning permits and Director Determinations;
elimination of ALUC referral fee; increase in fee for public appeals; CDFW fee amendments; cost
recovery rate for division.
o Direction to 1) complete next fee update in 5 years; 2) annually adjust the hourly rate per CPI
•03/2021 – Hourly rate adjusted
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2023‐24 Fee Schedule Analysis
1.Time study of planning division staff
2.Review of final costs of MaSDPs and MaUPs in 2022 and 2023.
3.Comparisons with other jurisdictions (Attachment 1, pg. 436 of agenda packet)
4.Cost of Services analysis (Attachment 2, pg. 442)
5.Input from Council Ad Hoc
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Fee Schedule Recommendations
(Resolution ‐ Attachment 4, Pg. 447‐461)
1.Eliminate Level 1 minor planning permits, instead having one permit type (formerly Level 2)
2.Increase fee for minor planning permits (formerly Level 2) from $900 to $1,000.
3.Appoint an ad hoc or continue work of existing Fee Schedule Ad Hoc to explore new ministerial
permit for former level 1 permits; and additional zoning code streamlining.
4.Increase initial deposit for major planning permits from the range of $1,000‐$3,000 to $3,000 (still
CR with unspent funds refunded to applicant).
5.Eliminate department‐wide hourly rate for CR and use instead fully burdened hourly rate per staff
position working on application/service/activity (for both planning and building). Direct that rates
updated annually within Master Fee Schedule and/or as position rates change.
6.Increase flat fee from $350 to $500 for BLAs and mergers for non‐residentially zoned parcels
7.Increase flat fee from $300 to $500 for Director Determinations
8.Increase deposit (CR) from $200 to $500 for pre‐app conferences/reviews of more than 1 hour.
Note: no changes recommended to fees of Building Division, with exception of hourly rate (#5)
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Other Recommendations
1.Direct Staff to revise layout of online fee schedule posted on webpage of Planning Division
and available at front counter (Attachment 3, pg. 444) such that terms well‐explained and
information is easier to access/understand; and
2.Direct Staff to further research and analyze existing fee reduction categories and present
report to Council with recommendations by 6/30/24.
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Additional Slides for
Information
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Page 1 of 3
Agenda Item No: 13.a.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1515
AGENDA SUMMARY REPORT
SUBJECT: Possible Approval of Joint Exercise of Powers Agreement for the Ukiah Valley Water Authority and
if Approved Appoint Two Representatives to the Ukiah Valley Water Authority.
DEPARTMENT: Water Resources PREPARED BY: Sean White, Water Resources Director
PRESENTER: Sean White, Water Resources Director.
ATTACHMENTS:
1. UVWA.JPA.Final 02142024
Summary: Council will consider approving the Joint Exercise of Powers Agreement for the Ukiah Valley Water
Authority and appointing two representatives to the Ukiah Valley Water Authority.
Background: There are a number of governmental water service providers in the greater Ukiah
Valley. Providers include: the City of Ukiah (City), Willow County Water District (Willow), Millview County
Water District (Millview), Calpella County Water District (Calpella) and Redwood Valley County Water District
(Redwood). The concept of consolidating these service providers into a single entity has been a long-term
community goal. Potential benefits of consolidation are numerous and include a cohesive water policy for the
region, maximization of water rights, more uniform water security and availability, staffing, expanded rate base
and reduced litigation. There have been a number of past attempts at accomplishing this goal, most notably
the Valley-wide Task Force initiated in 1990, as well as a number of Mendocino County Grand Jury Reports.
The Upper Russian River Water Agency (URRWA) was formed in 2014 with the intent of accomplishing these
goals. URRWA is a Joint Powers Authority (JPA) "working together for the voluntary consolidation of Ukiah
Valley's Water Districts". The board includes a single member from Willow County Water, Calpella County
Water, Redwood Valley County Water, Millview County Water, and most recently the Ukiah Valley Sanitation
District. UURWA's goals include creating a more logical form of governance over our water resources,
coordinating the operations of our districts into one regional water agency, sharing resources to create a
unified approach to consolidation, to provide economies of scale that keep rates affordable, and to ensure a
reliable long-term water supply for all land uses. URRWA has made significant progress on many of these
goals, but it has not significantly improved water supply reliability or streamlined governance. The URRWA
model is commonly referred to as managerial consolidation, rather than complete consolidation. In this model
there is a single operator, but multiple boards and decision-making bodies remain.
Discussion: Issues related to numerous, small agencies serving a single community are not unique to the
Ukiah Valley. In an attempt to address similar issues state-wide, the State Water Resources Control Board
(SWRCB) started the Safe and Affordable Funding for Equity and Resilience (SAFER) program in
2019. Since that time, the SWRCB has made consolidation of water providers through the SAFER program a
top priority. Districts consolidating through the SAFER program are eligible for SWRCB grants and loans to
facilitate the consolidation processes well as construct and update required infrastructure.
City Staff was contacted in the summer of 2022 by SAFER about participating in the program. City Staff then
reached out to the members of URRWA to see if there was interest in consolidating through the SAFER
Program. An ad hoc committee with members from the City, Willow, Millview, Calpella, and Redwood has
been meeting regularly since October of 2022 to discuss the opportunity and develop a Joint Powers Authority
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Page 2 of 3
(Attachment 1) to serve as the vehicle for consolidation through the SAFER program.
The Ukiah Valley Water Authority JPA (UVWA) is the result of many staff meetings, ad hoc meetings, as well
as counsel input from each of the entities. In some ways, the UVWA is similar to URRWA. It is different,
however, in that it explicitly intends to go beyond "managerial consolidation" and to eventually achieve
complete consolidation over time, which is the goal of the SAFER program.
Key points of the agreement (Attachment #1) are:
• JPA is a separate legal entity from members and is separately liable for its debts.
• The Agreement creates the Ukiah Valley Water Authority, a Joint Exercise of Powers Authority.
• Other initial members are Millview County Water District and Redwood Valley County Water District.
• Other public agencies may join. (See Section 14).
• UVWA will be run by the Water Executive Committee (Sections 5 and 6).
• Two representatives from each member serve on the Water Executive Committee.
• The Water Executive Committee sets an annual budget for the Combined Water System.
• The Water Executive Committee has the power to set rates and collect levies (Section 6.A).
• The City will provide management and O&M services to the JPA under contract.
• The City will hire any District employees who wish to be.
• City may be asked to provide services to additional non-parties (Section 9).
• The Parties commit to mutual cooperation.
• City to submit Out of Areas Service Agreements to LAFCo for services outside the City and the Districts.
• Districts will support the City Annexation of the entire territory of Districts when allowed by LAFCO law.
• A Party may withdraw with an effective date of July 1st on 90 days’ notice. (Section 10).
• Upon withdrawal, withdrawing Party regains control of its assets; provided, however, that to the extent any
asset has been improved for the benefit of other Parties, the withdrawing Party must continue to serve
benefitted customers.
• Absent agreement, assets serving more than one Party remains part of Combined Water System.
• Grant funding in excess of $1m leads to change in organization when approved by LAFCO (Section 11.C).
• Modification of Water Rights (Section 12).
• Parties will work together to modify their existing water rights to allow for the provision of water service
across footprint of UVWA.
• Robust mediation and dispute resolution provisions (Section 20).
• Key Exhibits
-Each Party’s Water System.
-Ukiah’s Cost Allocation Plan.
-Placement of District Employees in the City.
Recommended Action: Approve the Joint Exercise of Powers Agreement for the Ukiah Valley Water
Authority and authorize the City Manager to execute the agreement on behalf of the City, and to make any
modifications that do not make material, substantive changes to the agreement, including approval of Exhibits
A-C thereto, and if approved appoint two representatives to the Ukiah Valley Water Authority.
BUDGET AMENDMENT REQUIRED: NA
CURRENT BUDGET AMOUNT: NA
PROPOSED BUDGET AMOUNT: NA
FINANCING SOURCE: NA
PREVIOUS CONTRACT/PURCHASE ORDER NO.: NA
COORDINATED WITH: Council Ad-hoc Crane & Orozco; Sage Sangiacomo, City Manager; David Rapport,
City Attorney; Phillip Williams, Legal Counsel.
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): 7a – Expand sustainable water practices.
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Page 3 of 3
GENERAL PLAN ELEMENTS (GP):GP-A1 - Land Use Element, GP-A2 - Economic Development Element;
GP-A4 - Public Facilities, Services, and Infrastructure Element; GP A5 - Environment and Sustainability
Element
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Page 1 of 17
JOINT EXERCISE OF POWERS AGREEMENT FOR
THE UKIAH VALLEY WATER AUTHORITY
THIS JOINT EXERCISE OF POWERS AGREEMENT (“Agreement”) becomes effective on the date
(“Effective Date”) it is executed on behalf of the last of the Parties to do so in Ukiah, California, among the City
of Ukiah, a general law municipal corporation (the “City”), Millview County Water District (“Millview”), and
Redwood Valley County Water District (“Redwood”), both County Water Districts formed pursuant to Division
12 of the California Water Code, commencing with Section 30000) (collectively the “Districts,” when referring
to Millview or Redwood, and the “Parties,” when referring to the Districts and the City, and individually a
“Party”), all of which are organized and existing under and by virtue of the Constitution and the laws of the State
of California.
RECITALS:
1.The Parties are each empowered by law to acquire real property, construct, equip, staff, maintain, operate
and lease public and private improved and unimproved real and personal property and related facilities, including,
but not limited to, water sources and water rights, to provide water and wastewater collection and treatment
services, set and collect fees for service, including connection fees and fees for permits and other purposes, and
to borrow funds for said purposes. Each of the Parties is authorized and obligated to deliver a clean, safe, and
reliable water supply to its customers and constituents.
2.Each of the Parties is a public agency, as defined in the Joint Exercise of Powers Act, Government Code
Section 6500, et seq. (the “JEP Act”) at Government Code Section 6500, authorized and empowered to contract
for the joint exercise of common powers under the JEP Act.
3.The JEP Act provides that two or more public agencies may by agreement jointly exercise any powers
common to the parties to the agreement, including, but not limited to, the authority to levy a fee, assessment, or
tax. Under Government Code Section 6502, it shall not be necessary that any power common to the contracting
parties be exercisable by each such contracting party with respect to the geographical area in which such power
is to be jointly exercised.
4.The Parties recognize the benefits to each and all of them that will result from the coordinated use of their
respective water resources and water systems before or without formal annexation or consolidation of the Parties
into a single agency. The Parties enter into this Agreement to immediately maximize use of their respective and
collective existing resources, create cost-saving opportunities, reduce duplication, maintain local control, and
continue to deliver water services at a high level of service for the benefit of their customers and constituents.
5.The Parties desire to, and by this Agreement do, create a joint powers authority pursuant to the JEP Act
that is named the Ukiah Valley Water Authority (“UVWA”).
6.The Parties recognize the benefits to each and all of them that will result from the immediately combined
administration, operation, and maintenance of their respective water systems as a single and integrated water
system before or without formal annexation or consolidation of the Parties into a single agency. The Parties intend
this Agreement in part to enable UVWA’s receipt of much-needed State funding to improve and integrate water
system infrastructure across the Parties’ respective service areas. As any such funding becomes available, the
Parties recognize UVWA or another local government agency will be responsible for obtaining and allocating
such funds and implementing projects and improvements and integrating the Parties’ respective water systems
into a Combined Water System.
7.The Parties recognize that the coordination of water resources and combination of water services as
ATTACHMENT 1
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provided for in this Agreement will require the City to seek changes in organization as provided for by the Cortese-
Knox-Hertzberg Local Government Reorganization Act of 2000 (the “CKH Act”) and which changes in
organization may need to be approved by the Mendocino Local Agency Formation Commission, and oth er local
agencies.
8. The Parties desire to accomplish the aforesaid purposes by jointly exercising their common powers in the
manner set forth in this Agreement.
9. The Parties have determined that the goal of this Agreement shall be to combine and coordinate the
operations of their respective water systems to obtain efficiencies not otherwise available by operation as a
Combined Water System in accordance with the terms of this Agreement before or without formal annexation or
consolidation of the Parties into a single agency, except as the law may otherwise require, as they may otherwise
subsequently agree, or as this Agreement provides otherwise.
10. Each Party shall retain ownership of its respective system as it exists on the Effective Date or as it may
be modified, added to, or enlarged in the future, unless and until a change of organization affecting such ownership
is approved pursuant to the CKH Act or other law, as may be required as a condition of grant funding.
11. Among the assets the Parties bring to the Combined System are water rights. Nothing in this Agreement
shall be interpreted to transfer such a water right from a Party to U VWA or to another Party; any such transfers
shall occur in the manner required by law. Other than as expressly addressed herein, this Agreement shall not be
interpreted to require the use of a water right other than as currently permitted by law. Similarly, some assets are
subject to liens for debt and other such claims. Nothing in this Agreement shall require or authorize any act in
contravention of such third-party rights. However, it is the goal of this Agreement to achieve a Combined Water
System and to obtain the right to serve water throughout the combined service areas of the Parties without respect
to its source.
12. The approval of this Agreement is not a project subject to the California Environmental Quality Act
(CEQA) because it does not require more than the operation of the Parties’ respective Water Systems to
serve their existing customers and will therefore have no reasonably foreseeable impact on the environment.
(State CEQA Guidelines section 15378(b)(2), (4), (5); section 15061(b)(3) [the “common sense”
exemption].) However, the implementation of this Agreement will likely involve “projects” within the
meaning of CEQA, such as annexations under the Cortese-Knox-Hertzberg Act, the construction of water
utility infrastructure, and the amendment of water rights. It is not presently possible to accurately foresee
the details of such projects and evaluation of their impacts now would be unduly speculative. Accordingly,
review of the environmental impacts of such projects is therefore appropriately undertaken when those
projects are proposed, and their details better known. Such review shall be informed by applicable law,
including these CEQA exemptions: CEQA Guidelines sections 15301 (existing facilities), 15302
(replacement or reconstruction), 15303 (new construction or conversion of small structures), 15319
(annexations of existing facilities), and 15320 (changes in organization of local governments).
AGREEMENT:
Based on the foregoing Recitals, which are incorporated in this Agreement by this reference, and the terms
and conditions set forth below, the Parties, for and in consideration of the mutual benefits, promises, and
agreements set forth herein, AGREE as follows:
Section 1. DEFINITIONS
For the purposes of this Agreement, the following terms shall have the meanings indicated below unless
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the context shall plainly require otherwise:
“Collaborate” is defined in Section 5.B.4 below.
“Combined Water System” means two or more Parties’ Water Systems and all the components thereof as
may be altered, improved, constructed, or added to after the date the respective Party executes this Agreement,
which have been operationally integrated in the performance of this Agreement.
“Effective Date” is defined in the introductory paragraph above.
“Legislative Body(ies)” means each District’s Board of Directors and the City Council of the City.
“Representative” means a member of a Party’s Legislative Body appointed by that Legislative Body to
serve on the Water Executive Committee.
“Revenues” means any and all revenues produced by the Combined Water System and other operations
authorized in this Agreement, including, but not limited to, revenues from fees and charges described in Sections
6.A.3, 6.A.4 and 6.A.5.
“Services” means the City’s exercise of the joint powers conferred by this Agreement pursuant to Section
6.
“Services Start Date” means the first July 1 after the Effective Date unless the City and the Water
Executive Committee otherwise agree in writing.
“Water Executive Committee” means the body comprised of two Representatives from each Party and the
duties, authorities, and responsibilities of which as to the Combined Water System are defined in this Agreement.
“Water System” means a Party’s infrastructure, components, and parts which are owned, operated, and/or
used by that Party to capture, treat, deliver, and/or manage water for any use provided for by law. A description
of each Party’s respective Water System as of the Effective Date is attached hereto as Exhibit A. Rolling stock
and other tangibles the City uses to provide the Services do not constitute part of any other Party’s Water System.
“Water System Enterprise Fund” means the fund or funds established by the City to account for receipts
and expenditures, assets, and liabilities for the Combined Water System in which all such Revenues are accounted.
Section 2. UVWA’s MANNER OF EXERCISE OF POWERS.
A. UVWA is a public entity separate from the Parties.
B. The City shall file with the Secretary of State, State Controller, and the Mendocino Local Agency
Formation Commission a notice in accordance with Government Code Sections 6503.5 and 6503.6,
and shall file notices, as appropriate, in accordance with Government Code Section 53051 promptly
following the Effective Date and upon any amendment to this Agreement. The City shall file a further
report under Government Code Section 53051 upon each change in the membership of the Water
Executive Committee.
C. For purposes of Government Code Section 6509, UVWA shall exercise its powers subject to the
restrictions upon the manner of exercising such powers as are imposed upon the City of Ukiah, a
general law city.
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Section 2.1. OFFICERS, EMPLOYEES AND AGENTS; IMMUNITIES.
A. Any UVWA officer, employee, or agent may also be an officer, employee, or agent of any Party with
the consent of all Parties. The Water Executive Committee’s approval of the appointment or
employment of such a person shall constitute a determination that the two positions are compatible.
B. All privileges and immunities from liability, all exemptions from laws, ordinances and rules, and all
pension, relief, disability, workers’ compensation, and other benefits which apply to the activities of
officers, agents, or employees of a Party when performing their respective functions shall apply to
them to the same degree and extent while engaged in the performance of any of the functions and
duties under this Agreement.
C. No officer, agent, or employee directly employed by UVWA, if any, shall be deemed, by reason of
that employment, to be employed by any Party or to be subject to any of the requirements of any
Party.
Section 2.2. LIABILITIES; PENSION LIABILITY.
A. UVWA’s debts, liabilities, and obligations shall be its debts, liabilities, and obligations alone and not
those of the Parties except as they may otherwise agree by written contract.
B. During the effectiveness of Government Code Section 6508.2 or other law imposing liability on the
Parties for unfunded liabilities due the California Public Employees’ Retirement System or another
pension provider to be paid upon termination of this Agreement and dissolution of UVWA, the Parties
agree that any such liability shall be apportioned among them as they shall agree in writing when a
contract with Cal PERS is approved or, failing such agreement, in proportion to the rate revenue from
customers within the territory of each Party in the last fiscal year for which audited financial reports
exist when the determination is made.
Section 2.3. EXERCISE OF JOINT POWERS.
This Agreement is made pursuant to the JEP Act to permit the joint exercise of powers common to
the Parties. The purpose of this Agreement is to exercise these powers jointly by managing, equipping,
maintaining, and operating the Combined Water System. Such purpose will be accomplished, and common
powers exercised, in the manner set forth in this Agreement. The Parties may use the designation “Ukiah
Valley Water Authority” to identify the provision of the services provided under this Agreement, including
those on equipment, uniforms, buildings, letterhead, phone , and other directories. All pre-existing
obligations, rights, and privileges of the Parties shall continue hereunder, subject to the terms and conditions
of this Agreement.
Section 3. SERVICE LEVEL .
Commencing on Services Start Date, the City shall provide the Services to allow efficient, coordinated
operation of Combined Water System inclusive of wells, storage facilities, pump stations, treatment facilities,
distribution systems, and related managerial and administrative services and water rights, to the extent and in the
manner consistent with this Agreement and annual budgets approved by the Water Executive Committee.
Section 4. TERM .
This Agreement shall commence on the Effective Date and shall be binding upon the Parties, and shall
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continue in full force and effect until such time as the Parties agree to terminate the Agreement as set forth in
Sections 10 or 11, or only one Party to the Agreement remains due to annexations, other changes of organization
under the CKH Act, or other reasons. A Party may withdraw from this Agreement as provided in Section 10
below.
Section 5. WATER EXECUTIVE COMMITTEE.
A. The Water Executive Committee shall perform the duties set forth in Section 6.
B. MEETINGS OF THE WATER EXECUTIVE COMMITTEE.
1. The Water Executive Committee shall establish a schedule for its regular meetings, which must be at
least monthly. The Water Executive Committee may call special meetings, as may be needed from
time to time, and/or may cancel regular meetings if deemed appropriate.
2. A majority of the Water Executive Committee’s members shall constitute a quorum for the transaction
of business. A majority vote of the Water Executive Committee’s members is required to take action,
although a lesser number may adjourn for lack of a quorum.
3. The Water Executive Committee shall comply with the Ralph M. Brown Act, Gov. Code sections
54950, et seq.
4. For those duties of the Water Executive Committee requiring collaboration, “collaboration,”
“collaborate,” or “collaborative” shall mean the meaningful and timely process of the Representatives
each seeking, discussing, and carefully considering the information and views of each Party in a
manner that is cognizant of all Parties’ values, reasonably attempting to reach agreement through
cooperative efforts for the mutual benefit of the Parties. Collaboration among the Representatives
shall be conducted in a way that is mutually respectful of each District’s authority and responsibilities
as a County Water District and the City’s authority and responsibilities as a general law city, and shall
consider the views of a Party as expressed by its Representatives. A Representative need not engage
in dialog with Legislative Bodies other than his or her own appointing authority.
C. VOTING RIGHTS. Each Party shall have two seats on the Water Executive Committee and each member of
the Water Executive Committee shall have one vote, with these exceptions:
1. If a member is the sole representative of a Party at a meeting due to an absence or vacancy, he or she
may cast all votes that Party is authorized to cast.
2. If a Party merges or consolidates into another, the successor agency shall acquire the votes of the
merged or consolidated agency. So, for example, if a District is merged into the City, the City shall
hold its own votes and the votes previously assigned that District.
D. TIE VOTES. Any tie vote of the Water Executive Committee shall be resolved as provided in Section 20
below unless the Water Executive Committee otherwise directs at the meeting at which the tie vote occurs.
Section 6. POWERS AND DUTIES OF THE WATER EXECUTIVE COMMITTEE.
A. DUTIES. The Water Executive Committee shall be the governing body of UVWA. The Water Executive
Committee shall take any and all actions within the authorities specified in this Agreement which are
necessary and appropriate to implement the purposes of this Agreement, including, but not limited to, any
or all of the following:
1. To prepare and adopt budgets for the Water System Enterprise Fund in accordance with all applicable
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legal requirements. The budgets shall include the annual expenses for the Services, including, but not
limited to, costs of administration, operation, maintenance, repair of, and capital improvements to, the
Combined Water System, including those included in Capital Improvement Plans, debt service on
bonds, and any other costs of providing the Services;
2. To set rates to fund the Services in accordance with all applicable legal requirements, including the
procedural and substantive requirements of California Constitution, Article XIII D, Section 6
(“Proposition 218”) for property-related fees charged for the services of the Combined Water System,
which rates shall be adopted with the same notice and right to object or protest provided to City and
District ratepayers except as the law may otherwise require. Such rates may be adopted as to zones
which reflect the boundaries of one or more Parties and shall neither exceed the reasonable cost of
service provided to any such zone nor require ratepayers in one zone to subsidize the cost to serve
another zone. To the extent rates cannot cover the cost of service in a zone, the difference mut be
covered by grants, discretionary revenues, or other non-rate revenues. In particular, and without
narrowing the foregoing, the Water Executive Committee’s ratemaking in compliance with Proposition
218 and other law shall account for assets each Party brings to this Agreement as depicted in Exhibit
A and will not charge that Party’s customers to recreate the remaining utility of those assets
3. To establish connection and/or capacity fees for the temporary or permanent connection of residential,
commercial, and industrial users to the Combined Water System except as the law may otherwise
require;
4. To establish any other taxes, assessments, fees, or charges reasonably necessary to provide the
Services, including fees for permits or inspections, provided that all such fees shall comply with this
Agreement and applicable provisions of Proposition 218 and California Constitution, Article XIII C,
section 1, subdivision (e) (“Proposition 26”), and other applicable law;
5. To adopt ordinances and regulations enforceable within the jurisdictional boundaries of each Party
governing the Combined Water System and service to its users as required, and to the extent
authorized, by law as necessary to provide the Services. The Parties shall collaborate to avoid conflicts
or inconsistencies between ordinances or regulations adopted by a Party and ordinances or regulations
adopted by the Water Executive Committee pursuant to this Agreement. No Party shall have any duty
to enforce an ordinance or regulation other than its own; and
6. To maximize the availability of water to meet the collective needs of the Parties within the boundaries
of each Party through the use of the collective water rights and supplies of each Party, subject to the
terms and conditions of Section 12 of this Agreement.
7. All customers of the Parties, including agricultural customers, either before, after or absent
consolidation or merger into the Combined Water System, shall have the same right and entitlement
to water supplies and service that they enjoyed before the effective date of this Agreement, without
discrimination or limitation. This reflects, but is not intended to alter, the legal principle that
acquisition of a water supply on which users rely is subject to a duty to continue to serve them. (E.g.,
Durant v. City of Beverly Hills (1940) 39 Cal.App.2d 133.)
8. To accept grants, loans, and subventions which the Water Executive Committee shall appropriate
consistently with the terms of those grants, loans, and subventions; applicable law, and the goal of this
Agreement as reflected in the Recitals above.
B. AUTHORITIES RETAINED BY THE PARTIES.
Notwithstanding the foregoing, the Parties retain all their respective authorities to the extent the exercise
of those authorities does not directly conflict with the duties and authorities granted to the Water Executive
Committee. No Party shall exercise its authorities in a way that directly contravenes the purposes of this
Agreement.
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Section 7. KEY MANAGEMENT SERVICES.
The City shall provide the Services described in this Section 7 commencing on the Services Start Date.
To provide the Services described herein, the City shall hire all the Districts’ respective employees with a start
date of no earlier than the Service Start Date. The employees of the Districts who wish to continue employment
and the bargaining unit of the City to which each will be assigned are identified in Exhibit C to this Agreement.
The City hereby waives the right to subject these new employees to probationary periods. Those employees’ rights
vis-à-vis the City will otherwise be governed by the City’s collective bargaining agreements with its bargaining
units; its current policies, procedures, and ordinances; and applicable law. The management and personnel
services identified in Subsections A and B below (“Key Management Services”) shall be provided by the City in
accordance with this Agreement.
A. OPERATION AND MAINTENANCE OF THE COMBINED WATER SYSTEM.
1. Other than duties and obligations of the Water Executive Committee, and in consultation with the
Water Executive Committee, the City shall provide general administration, operation, and oversight
of UVWA all in accordance with this Agreement, applicable statutes, regulations, and applicable
ordinances, adopted by the Water Executive Committee consistently with this Agreement. The
following are examples of activities and deliverables the City shall provide in performing under
this Agreement:
a. Read the meters in the service area;
b. Perform all necessary sampling, including for purposes of water quality;
c. Complete all required and routine reports;
d. Respond to all service calls;
e. Schedule a minimum of one on-call service personnel to respond to all after-hours and
weekend calls in all service areas covered by this Agreement and/or any contract authorized
under this Agreement; and
f. Any other levels of service as requested by the Water Executive Committee and funded in
the annual budget.
2. Other than duties and obligations of the Water Executive Committee, and in consultation with the
Water Executive Committee, the City may exercise on behalf of the Parties the following powers,
and any other powers exercised by a general law city, as needed to perform under Section 7.A.1:
a. To manage, operate, maintain, and repair the Combined Water System, including any
buildings, works or improvements comprising part of the systems and located either inside
or outside the boundaries of the Parties, in accordance with sound engineering and
accounting practices and with all applicable local, state, and federal laws and regulations;
provided that the City and UVWA need not enforce any local ordinances but their own;
b. To implement the budgets approved by the Water Executive Committee.
c. The City cannot increase the total amount of the approved expenditure budget without prior
approval of the Water Executive Committee, except as: (i) warranted for an urgent and/or
emergency provision of water or sewer service which shall be reported to the Water
Executive Committee before its next regular meeting following the expenditure of the funds;
or (ii) to services within the City to be funded by rates levied for those services or other City
revenues;
d. To contract for the provision of personal or professional services in connection with
providing Services;
e. To enforce ordinances and regulations of the Combined Water System for the Parties and
UVWA, including the use of the Combined Water System;
f. To bill for and collect revenue measures established under this Agreement, including the
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authority of a general law city to terminate water service or other utility services contained
in the same bill for nonpayment in accordance with the Public Utilities Code;
g. To allocate and assign water rights and water supplies of each Party within the boundaries of
the Parties, as necessary for the efficient and cost-effective supply of water to the customers
of the Parties, subject to the terms and conditions of Section 12 of this Agreement.
h. With the approval of the Water Executive Committee and at City’s sole election, to use any
statutory power available to the City under the JEP Act and any other applicable laws,
whether heretofore or hereinafter enacted or amended, for issuance and sale of any revenue
bonds or other evidences of indebtedness necessary or desirable to finance the exercise of
any Services of the City under Section 7, and to borrow from any source including, without
limitation, the federal or state governments, for these purposes:
1. To contract for the provision of personal or professional services in connection with
providing the Services for the Parties;
2. To contract for the installation or construction of capital improvements to the
Combined Water System;
3. To acquire, lease, hold, and dispose of such equipment as may be reasonably
necessary or appropriate to the proper operation, maintenance, administration, and
management of the Combined Water System or the provision of Services;
4. To file reports associated with the operation, maintenance, admi nistration and
management of the Combined Water System and the provision of Services;
5. To implement all requirements of laws and ordinances, applicable to the provision
of Services, including, but not limited to, permitting, inspections, monitoring,
reporting, and enforcement activities; and
6. To provide City staff or contractors to support UVWA or the Parties in performing
functions and responsibilities as requested by the Water Executive Committee.
B. FINANCIAL AND GENERAL SERVICES.
1. The City agrees to provide the Services to UVWA and the Parties for the term of the Agreement,
including accounts payable, procurement, billing and accounts receivable, general accounting and
reporting, budget development and monitoring, and other general services such as human resources
and city clerk services as the City reasonably deems necessary to provide the Services at the level
requested by the Water Executive Committee and as can be funded by the budget approved by the
Water Executive Committee.
2. The City will perform these services pursuant to any applicable state and federal law and pursuant
to City policies and regulations, unless the City and the Water Executive Committee otherwise agree
in writing. The City shall perform procurement, contracting and personnel services in accordance
with laws applicable to California cities, including, but not limited to, the Uniform Construction
Cost Accounting Act. The City is not performing these services as the Parties’ agent, but as a service
provider, and the Parties agree that the City does not assume a fiduciary duty to the Parties in the
performance of these financial and general services. Nor need the City provide Services beyond
what can be funded by the budget approved by the Water Executive Committee.
3. The Parties shall compensate the City for the Services consistently with the annual budget approved
by the Water Executive Committee. The City shall have the right to withhold performance of a
particular level of service if it considers the funding in an approved budget insufficient to cover the
City’s cost in providing that level of service; provided, however, that nothing in this sentence
detracts from the City’s obligation to maintain service as provided in Section 6.A.7 of this
Agreement.
4. The City’s cost to provide the Services includes indirect costs, such as general administration and
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overhead. Unless the City and the Water Executive Committee agree otherwise in writing, the City
shall charge indirect costs of the Services consistently with Exhibit B.
Section 8. MUTUAL COOPERATION .
A. OUT OF AREA SERVICE AGREEMENT (“OASA”). The City may prepare OASAs on the recommendation of
the Water Executive Committee to serve areas outside the boundaries of the Parties but within the City’s
sphere of influence, where development could occur with the provision of water services. The City shall
submit such OASAs to the Water Executive Committee for review and approval before filing with LAFCo.
This Agreement and any OASA-related tax sharing agreement with Mendocino County shall be attached
to and incorporated by reference into any OASA submitted to LAFCo under this Agreement.
B. As long as this Agreement remains in effect and the Parties comply with Sections 8 and 10.B, the City
agrees that it will not apply to LAFCo for detachment of District Parties’ territory from the Districts’
boundaries when that territory is annexed to the City unless and until all of the territory of a District is
annexed to the City.
C. The Districts agree to support City Annexations and to work cooperatively with the City regarding
revisions to the City’s General Plan, Municipal Service Review (“MSR”) and Sphere of Influence (“SOI”)
necessary or advisable to enable City Annexations and not to propose or seek LAFCo approval for or
support proposed provisions in a District’s MSR or SOI that would inhibit, conflict with, or prevent such
City Annexations and/or reorganizations, as described in this Agreement.
D. Pursuant to Government Code Section 57105 or other applicable provisions of state law, the Districts will
support LAFCo either designating a District as a subsidiary district of the City or merger of a District with
the City at such time as 70% or more of registered voters in a District are within the City limits and 70%
of the area of land within a District is within the City’s jurisdictional boundaries or when those
reorganizations are otherwise authorized by state law.
E. The Districts will support and cooperate with the City in seeking legislation to amend the Cortese-Knox-
Hertzberg Local Government Reorganization Act of 2000 (“CKH Act”) to authorize merger of a District
with the City or the establishment of a District as a subsidiary district of the City when 70% or more of
registered voters in a District are within the City limits without regard to the area of a District’s land that
is within the City.
Section 9. SERVICES TO OTHER AGENCIES.
The Water Executive Committee may recommend that the City provide water services to agencies not
party to this Agreement. Such services may be provided with the concurrence of all Parties and upon execution
of an amendment to this Agreement by all Parties or upon execution of a contract authorized by all Parties. The
charges for such services shall be determined by the Water Executive Committee in accordance with the budget
provisions of this Agreement. The City retains the power to provide services to other agencies on terms of its
choosing provided that its doing so does not impair its ability to provide the Services.
Section 10. WITHDRAWAL; TERMINATION.
A. A Party may withdraw from this Agreement with a July 1st effective date on 90 days’ notice to the Water
Executive Committee and all Parties. Such withdrawing Party shall perform all obligations under this
Agreement until the agreed upon date of withdrawal. A withdrawing Party shall remain obligated to
perform obligations, including financial obligations, arising before the withdrawal date, even after the date
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of withdrawal.
B. Upon withdrawal from UVWA, a departing Party shall regain control of, and responsibility for, its Water
System as it existed as of the Effective Date, to the extent feasible. The Parties acknowledge that a Party’s
Water System as of a withdrawal date may differ from that in existence on the Effective Date. Any
infrastructure, such as tanks, pipes, pumps, treatment facilities, and water rights, that UVWA uses only to
serve that Party shall be the withdrawing Party’s property as of the withdrawal date. If any infrastructure
serves more than one Party, the withdrawing Party shall recover ownership and control of that
infrastructure upon agreement of the other Party or Parties it serves, but will remain obligated to serve all
customers of other Parties served by such infrastructure and water supplies at the time of withdrawal, with
appropriate compensation paid by UVWA or the Par(ies) benefitted by such service. Absent such
agreement, infrastructure serving more than one Party shall remain part of the Combined Water System
and operated by the City until the Parties served by that infrastructure reach an agreement or the dispute
is resolved pursuant to Section 20 of this Agreement or otherwise.
C. In negotiating the disposition of infrastructure which serves more than one Party, these general principles
shall inform discussion:
1. The primary obligation shall be to provide uninterrupted service to all customers of the Combined
Water System.
2. All other things being equal, a withdrawing Party should resume possession and control of
infrastructure which was part of its Water System on the Effective Date.
3. Any infrastructure acquired, constructed, or improved with grant or other funds available only by
virtue of this Agreement should not be separated from the Combined Water System unless it is
necessary to do so to allow a Party to withdraw and will allow both uninterrupted service to all
customers of the Combined Water System and compliance with grant, loan, and other conditions
on the use of the infrastructure.
Section 11. DISSOLUTION/REORGANIZATION.
A. The Agreement shall terminate if the number of parties to this Agreement becomes less than two, or if the
Parties unanimously agree to terminate it. If the Parties have accumulated any assets relating to the shared
management of water services before termination, such assets shall be distributed among the Parties in
proportion to their respective contributions, unless the Parties agree otherwise. Any dispute as to the
disposition of such assets shall be resolved as provided in Section 20 of this Agreement.
B. The CKH Act shall govern any change of organization or reorganization of a District. This Agreement is
intended to allow for the administration and operation of a Combined Water System on behalf of the
Parties, until:
i. City annexations result in 70% of a District’s territory and 70% of the registered voters of a District
being within the City’s limits; or
ii. satisfaction of other provisions of the CKH Act or other provisions of state law authorize a merger
of the District with the City or establishing the District as a subsidiary district of the City;
in which event this Agreement will be deemed to be the affected Parties’ joint request to LAFCO, pursuant
to Government Code Sections 56078 and 57105, to either merge the District with the City or establish the
District as a subsidiary district of the City with the City Council serving as the Board of Directors of the
District.
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C. If any of the Parties to this Agreement receives grant funding of $1,000,000 or more to develop capital
assets to serve more than one of those Parties, the City shall apply to LAFCO to combine the Parties
to benefit from the capital asset into a new or existing public entity to own and operate that asset, if
and as required by the terms of the grant. If the Cortese-Knox-Hertzberg Act does not authorize the
City to make the application, the City shall invite LAFCO to exercise its own authority to initiate th e
change of organization. Each of the Parties to this Agreement agrees to support such a change of
organization and, by making this Agreement, authorizes the City to propose such changes of
organization on its behalf.
Section 12. TRANSFER, MODIFICATION, AND USE OF WATER RIGHTS.
To achieve the goal of applying and using the water rights of all Parties collectively to serve the
customers of all Parties, and the eventual customers of the Combined Water System, without limit or
restriction, and in recognition of the eventual need to operate, maintain, and administer the Parties’ water
resources and transmission and treatment systems as a Combined Water System, the Parties agree to the
following:
A. Within 60 days of the execution of this Agreement, each Party shall identify and disclose (1) all water
rights it currently holds and uses, (2) how it must modify or amend the water rights to allow a
Combined Water System to use the water rights, (3) to the extent possible, the process and procedure
each Party must undertake to allow a different entity to use of the water rights as part of a Combined
Water System, including any necessary approvals, and (4) a plan and estimated time period to modify
and transfer such water rights.
B. The Parties shall take any and all actions which are necessary and appropriate to modify, amend or
transfer the water rights of the Parties to UVWA, the City, or other entity that will own or operate the
Combined Water System, for the collective use of such water rights within the service areas of all
Parties, if possible. Each Party shall support and cooperate with the other Parties to effectuate t he
modification, amendment to, or transfer of, its water rights, including, but not limited to, granting
approvals, signing agreements, meeting and working with local and state officials and regulators,
responding to and defending against protests, objections, and legal challenges to the modification,
amendment, or transfer of water rights, and the Parties agree to separately or collectively conduct
and support any required environmental review in support of the modification, amendment to, or
transfer of, the water rights of the Parties.
C. While the Parties are undertaking efforts to modify, amend, or transfer their water rights, each Party
will, as necessary to effectuate the purpose of this Agreement and to the extent feasible, allow its
water rights to be used collectively, even if on a temporary or short-term basis, by the Combined
Water System. Each Party, however, will still have the primary right and authority to continue to use
its respective water rights within its current service areas and for the benefit of its current customers,
up to the time that the rights are transferred to, or obtained for the benefit of, the Combined Water
System.
D. The Parties agree to initiate, fund, and pursue all efforts necessary to modify, amend, or transfer the
water rights of the Parties for use in the Combined Water System, but UVWA and all Parties will
ultimately be responsible for costs, expenses and fees associated with and arising out of such efforts,
and the Parties will have the right to seek reimbursement from UVWA for recovery of such costs,
expenses, and fees.
E. If a Party withdraws from this Agreement, the Agreement is terminated, or the Combined Water
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System ceases to function or exist, the affected Party or Parties will retain all of its or their water
rights, or if necessary the rights shall revert to the original right holder, and the Parties will take any
and all actions which are necessary and appropriate and shall support and cooperate with the other
Parties to return or restore the water rights to the Party that formerly held such rights. The water
rights of a withdrawing Party shall remain dedicated and committed to the Combined Water System
until the later of the withdrawal date or the date those rights may be lawfully used by the withdrawing
Party alone.
F. Notwithstanding any other provision of this Agreement, the Parties agree, represent, and confirm that
they will endeavor to and will take any and all reasonable and necessary steps to ensure that the
customers of each Party will continue to receive a clean, safe , and reliable water supply at all times,
without delay or disruption.
G. Notwithstanding the foregoing, this Agreement does not and shall not be interpreted to authorize or
require the use of a water right or related asset other than as permitted by law, nor shall this Agreement
require or authorize any act in contravention of any third-party rights, to the extent any of the water
rights or other assets of the Parties are subject to liens for debt and other such claims.
Section 13. AMENDMENT TO AGREEMENT.
The Water Executive Committee may recommend an amendment to this Agreement. This Agreement may
only be amended by approval of all the Parties to this Agreement. The Water Executive Committee shall forward
a proposed amendment with its recommendation to the legislative body of each Party. The proposal shall be
adopted, properly executed, and returned to the Water Executive Committee if the Party approves the amendment.
This Section 13 shall not prevent the Parties from adopting an amendment to this Agreement that is not
recommended by the Water Executive Committee.
Section 14. ADDITIONAL PARTIES TO THE AGREEMENT.
A public agency, as that term is defined in the JEP Act (Government Code section 6500), located in
Mendocino County may become a Party to this Agreement upon:
1. Its approval and execution of this Agreement as required by law, and;
2. Approval of the Water Executive Committee.
Section 15. NOTICES .
Whenever notice or other communication is permitted or required by this Agreement, it shall be deemed
given when (i) personally delivered or (ii) when received, if delivered by overnight courier or email (if email
receipt is acknowledged in writing), or (iii) 48 hours after it is deposited in the United States mail with proper
first-class postage affixed thereto and addressed as follows:
To City: City of Ukiah
Attn: Mayor and City Manager
300 Seminary Ave.
Ukiah, CA 95482
Email: swhite@cityofukiah.com
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To Millview County Water District: Millview County Water District
Attn: Mr. Tim Price
151 Laws Ave.
Ukiah, CA 95482
Email: jwalker@willowcwd.org
To Redwood Valley County Water District: Redwood Valley County Water District
Attn: Mr. Tom Schoeneman
151 Laws Ave.
Ukiah, CA 95482
Email: jwalker@willowcwd.org
A Party may change the address and email address to which notices shall be sent by giving notice of the
change as provided herein.
Section 16. SEVERABILITY.
Except as otherwise provided in this Section 16, should any part, term, portion, or provision of this
Agreement or the application thereof to any person or circumstances be in conflict with any state or federal law,
or otherwise be rendered unenforceable or ineffectual, including by amendment or repeal of a statute, the validity
of the remaining parts, terms, portions or provisions, or the application thereof to other persons or circumstances
shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can
be construed in substance to continue to constitute the Agreement that the Parties intended to enter into in the first
instance. The City’s promise to provide Services is dependent on and not severable from the validity and
enforceability of Sections 7, 8 and 10.B.
Section 17. HOLD HARMLESS AND INDEMNITY.
To the fullest extent permitted by law, each of UVWA and the Parties (the “Indemnifying Party”) agrees
to save, indemnify, defend and hold harmless UVWA and each other Party and its officers, agents and employees
(“Indemnified Parties”) from any liability, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged or threatened,
including reasonable and actual attorney fees and costs, court costs, interest, defense costs, and expert witness
fees, which arise out of, or are in any way attributable in whole or in part to, negligent or intentional acts or
omissions of an Indemnifying Party or its employees except such losses as arise from the sole negligenc e or
intentional act of an Indemnified Party.
Section 18. LEGAL REPRESENTATION AND ADVICE.
In the course of performing this Agreement, each Party shall seek legal advice from its own counsel. If a
legal matter or issue relates to two or more Parties where the Parties involved will benefit from joint
representation, the Parties may choose to be represented by the same legal counsel so long as no conflict of interest
arises by such representation and the representation is permitted by the Rules of Professional Conduct of the
California State Bar. In that event, the Parties may agree on an apportionment of costs, if applicable, as allowed
by law. Under any circumstances when two or more Parties are represented by the same legal counsel, no Party
may bind the others to a settlement agreement without the written consent of the other Parties to be bound.
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Section 19. INSURANCE .
A. Each Party shall be responsible for maintaining a program of insurance that shall cover each
Party’s indemnification obligations; provided funding is provided in a budget approved by the
Water Executive Committee to pay the premiums for said insurance or the Water Executive
Committee elects to provide insurance coverage for all Parties. While the City provides the
Services pursuant to Section 6 of this Agreement under rates adopted pursuant to Section 5: (i) no
District need fund insurance at its own expense and (ii) the Water Executive Committee shall
maintain or, at its option, fund directors and officer’s liability coverage for each of the Districts.
B. Without in any way affecting the indemnity herein provided and in addition thereto, unless the
Executive Committee provides insurance to cover the Parties, each Party shall secure and
maintain throughout the Agreement the following types of insurance:
1. WORKERS’ COMPENSATION.
A program of Workers’ Compensation Insurance or a state-approved self-insurance in an amount
and form to meet all applicable requirements of the Labor Code of the State of California,
including Employer’s Liability with $250,000 limits covering all persons providing services on
behalf of each Party and all risks to such persons under this Agreement. This coverage may be
waived if a Party’s legislative body certifies that the Party has no employees and does not treat
volunteers as employees for worker ’s compensation purposes.
2. COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE.
This coverage is to include contractual coverage and automobile liability coverage for owned,
hired, and non-owned vehicles. The policy or self-insurance shall have combined single limits
for bodily injury and property damage of not less than two million dollars ($2,000,000.00). This
requirement can be waived by the Water Executive Committee, if the Board of Directors of a
District certifies that it has no vehicles and that no non-owned, uninsured vehicles are used on
District business.
3. ADDITIONAL NAMED INSURED.
All policies, and/or memoranda of coverage, except Workers’ Compensation, shall contain
additional endorsements naming each Party and its officers, employees, and agents as additional
named insureds with respect to liabilities arising out of each Party’s performance hereunder.
4. POLICIES PRIMARY AND NON-CONTRIBUTORY.
All policies required above are to be the primary and non-contributory with any insurance or self-
insurance carried or administered by each Party.
Section 20. MEDIATION AND DISPUTE RESOLUTION.
A. Except as otherwise provided in Sections 10.B and 11.A, if (1) any dispute arises at any time between or
among the Parties regarding interpretation or implementation of this Agreement that does not concern a
decision of the Water Executive Committee, or (2) if a minority of members of the Water Executive
Committee file a written appeal with the Water Executive Committee within 14 days of a decision or
action of the Water Executive Committee, or (3) if one or more Parties fails or refuses to follow the order
or direction of the Water Executive Committee or breaches this Agreement, the Parties will, in the first
instance, attempt in good faith to meet to discuss and informally resolve the dispute through their
representatives or their designees. The Parties must give written notice of the existence and subject of a
dispute, which notice shall commence the dispute resolution process of this Agreement.
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B. If, within 30 days of service of notice of a dispute, the Parties cannot resolve the disputed issue through
informal mediation, unless extended by mutual agreement of all Parties, the matter shall be submitted to
JAMS, or a comparable mediation service, or a mutually agreeable mediator, for formal mediation by a
single mediator who should have technical or legal expertise or experience with water resources and
supplies, utility services, or local government agencies. The mediator will be selected by unanimous
consent of the Parties, but if unanimous consent cannot be obtained, the mediator will be selected at
random from a list of mediators maintained by the Water Executive Committee based on the qualifications
set forth in this paragraph.
C. Any Party may commence formal mediation by providing to the mediator and the other Parties a written
request for mediation, setting forth the subject of the dispute and the relief requested. If the formal
mediation process has not concluded or has not resolved the dispute within 60 days of a written request
for mediation, the mediation process will be deemed completed, unless the Parties extend the 60-day
period in writing.
D. If the dispute is not resolved by informal or formal mediation, each Party will be free to pursue whatever
legal or equitable remedies may be available. No Party shall be permitted to file a legal action without
first complying with the requirements of this Section 20. This provision shall not waive or otherwise
affect the applicable provisions of law governing claims against a public entity or the applicable statutes
of limitation.
E. The fees and expenses incurred as a result of any dispute resolution activities, including attorney fees,
mediator fees and costs, expert costs, and other expenses, shall be borne solely by the Parties involved in
the dispute and participating in the mediation. The Parties involved in the dispute will share the mediator’s
expenses on an equal basis. No Party shall be deemed the prevailing party for purposes of recovery of
fees, costs, or expenses.
Section 21. ADDITIONAL DOCUMENTS AND AGREEMENTS .
The Parties agree to cooperate in the execution of any additional documents or agreements that may
be required to carry out the terms of this Agreement.
Section 22. SUCCESSORS.
This Agreement shall bind and inure to the benefit of all successors and assigns of the Parties and
their respective directors, officers, agents, servants, and employees, and the successors and assigns of each
of them, separately and collectively.
Section 23. WARRANTY OF LEGAL AUTHORITY.
The Parties’ Legislative Bodies have each authorized execution of this Agreement, as evidenced by the
signatures below. Those who sign below warrant for the benefit of the Parties for which they do not sign that they
have actual authority to execute this Agreement and to bind to it the Party for which they sign.
Section 24. ASSIGNMENT / DELEGATION .
No Party shall assign, sublet, or transfer any interest in this Agreement or any duty hereunder without
written consent of the other Parties, and no assignment shall be of any force or effect whatsoever unless and
until the other Parties shall have so consented.
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Section 25. NO THIRD -PARTY BENEFICIARY.
This Agreement is only for the benefit of UVWA and the Parties as municipal or public entities and shall
not be construed or deemed to operate as an agreement for the benefit of any third party and no third party shall
have any right of action or obtain any right to benefits or position of any kind by reason of this Agreement.
Section 26. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Section 27. AGREEMENT CONTROLLING.
In the event of a conflict between the text of this Agreement and any attachment to it, the text shall prevail.
Section 28. ENTIRE AGREEMENT; COUNTERPARTS.
This Agreement, including its attachments, is intended both as the final expression of the Agreement
among the Parties with respect to the included terms and as a complete and exclusive statement of the terms of
the Agreement. This Agreement may be transmitted electronically and executed in counterparts, each such
executed electronic copy shall be admissible for any purpose and in any judicial or administrative proceeding as
evidence of the agreement between the Parties. Signatures may be exchanged by emailed pdf or other electronic
form with the same force as original signatures.
Section 29. EXHIBITS.
All exhibits to which reference is made are incorporated into this Agreement as though fully set forth at
length, whether or not actually attached.
IN WITNESS THEREOF , the Parties hereto have caused this Agreement to be executed and attested by
their proper officers thereunto duly authorized as of the day and year first above written.
CITY OF UKIAH
Approved to Form:
City Attorney
Attest:
By:
____________________, Mayor
Kristine Lawler, City Clerk
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MILLVIEW COUNTY WATER DISTRICT
By:
____________________, Board President
Approved to Form:
District Counsel
Attest:
District Secretary
REDWOOD VALLEY COUNTY WATER DISTRICT
By:
____________________, Board President
Approved to Form:
District Counsel
Attest:
District Secretary
Exhibits
A: Each Party’s Water System As of the Effective Date
B: Ukiah’s cost allocation plan in effect as of the Effective Date
C: District Employees to be hired by City and Bargaining Units to which they are to be assigned
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Agenda Item No: 13.b.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2023-3205
AGENDA SUMMARY REPORT
SUBJECT: Possible Adoption of Resolution Making Findings of Fact Regarding the Need for Additions and
Amendments to the California Fire Code, Including the National Fire Protection Association (NFPA) 1 Chapter
38 Due to Local Conditions; and Consideration and Possible Introduction of an Ordinance by Title Only to
Adopt the Amended 2022 California Fire Code.
DEPARTMENT: Community
Development PREPARED BY: Matt Keizer, Chief Building Official / Fire Code
Official UVFD
PRESENTER: Matt Keizer, Chief Building Official / Fire Code
Official UVFD
ATTACHMENTS:
1. 13a Proposed Resolution
2. Proposed 2022 Fire Code Ordinance - Redline
3. Proposed 2022 Fire Code Ordinance - Clean
Summary: Council will consider the adopting a resolution making Findings of Fact regarding the need for
additions and amendments to the California Fire Code, including the National Fire Protection Association
(NFPA) 1 Chapter 38 due to local conditions; and introducing an Ordinance to adopt the amended 2022
California Fire Code.
Background: California utilizes the International Fire Code (IFC) as published by the International Code
Council (ICC) and amends the Code to specifically meet the hazards encountered statewide. The state also
allows local jurisdictions to amend the Code based upon local conditions and needs, and then adopt the
amended version of the Code via ordinance.
The IFC and California Fire Code are updated every three (3) years and were last updated and adopted in
2019. On November 2, 2022, Staff brought an update to Council, and Council at that time appointed an ad hoc
committee comprised of two Council Members (Crane/Orozco) and two Ukiah Valley Fire District (UVFD)
Board Members (Jennings/Bushby) to discuss and review the Ordinance to ensure that the version of the
Ordinance considered by the City and the UVFD were in alignment.
Discussion: Staff recommends that Council adopt the Resolution in Attachment 1, which sets forth findings of
fact regarding the need for modifications to the Code due to local conditions.
The Ordinance for Council's consideration is the result of input from the ad hoc committee, in which all parties
are in agreement. A redline version of the amended Ordinance, depicting the work of the ad hoc, is within
Attachment 2. A clean version of the final Ordinance is within Attachment 3.
Staff recommends adopting the Resolution, then introducing the Ordinance by title only amending Division 6,
Chapter 3, Articles 1 and 3, of the Ukiah City Code, entitled: 'Fire Prevention Code,' to adopt the 2022 Edition
of the California Fire Code, including additions or amendments, as well as NFPA 1 Chapter 38 thereto to
address local conditions.
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Recommended Action: Adopt resolution making Findings of Fact regarding the need for additions and
amendments to the California Fire Code, including the National Fire Protection Association (NFPA) 1 Chapter
38 due to local conditions; and introduce an Ordinance by title only to adopt the amended 2022 California Fire
Code.
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: Community Development-Fire Prevention / UVFA
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): GP-A6 - Safety Element
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RESOLUTION 2024-
RESOLUTION OF THE CITY OF UKIAH CITY COUNCIL ESTABLISHING FINDINGS OF FACT AND
NEED FOR CHANGES OR MODIFICATIONS TO THE STATE BUILDING STANDARDS CODE
BECAUSE OF LOCAL CONDITIONS
CHANGES OR MODIFICATIONS: Pursuant to Section 13869.7, 17958.5, 17958.7, 17922, and
18941.5 of the State of California Health and Safety Code, the City of Ukiah City Council in its
ordinance adopting and amending the 2022 Edition of the California Fire Code with reference to the
2021 Edition of the International Fire Code, changes or modifies certain provisions of the 2022
California Building Standards Code (Title 24, Part 9) as it pertains to the regulation of buildings used
for human habitation. A copy of the text of such changes or modifications is attached.
Findings: Pursuant to Sections 17958.5, 17958.7, 17922, and 18941.5 of the State of California
Health and Safety Code, the City of Ukiah City Council has determined and finds that the attached
changes or modifications to the 2022 California Building Standards Code are needed and are
reasonably necessary because of local climatic, geographic, and topographic conditions.
Local Conditions: Local conditions have an adverse effect on the prevention of (1) major loss
fires, (2) major earthquake damage, and (3) the potential for life and property loss, making necessary
changes or modifications to the 2022 California Fire Code, 2021 International Fire Code and the 2022
California Building Standards Code in order to provide a reasonable degree of property security and
fire and life safety in this Fire District.
Below are listed adverse local climatic (see No. 1), geographic, and topographic (see No. 2)
conditions.
1.Climatic
a. Precipitation. Precipitation ranges from 13 to 71 inches per year with an average of
approximately 37 inches per year. Approximately eighty-nine percent (89%) falls during the
months of November through April, and eleven (11%) from May through October.
b. Relative Humidity. Humidity generally ranges from 35% during daytime to 85% at night. The
humidity can drop to 12% or lower during the summer months.
c. Temperatures. Temperatures have been recorded as high as 115 degrees F. Average
summer highs are in the 86 to 91 degree range.
d. Winds. Prevailing winds are from the northwest. However, winds are experienced from
virtually every direction at one time or another. Velocities are generally in the 3 – 18 mph
range, gusting to 33 mph, particularly during the summer months. Extreme winds, up to 50
mph, have been known to occur.
e. Summary. These local climatic conditions affect the acceleration, intensity, and size of fire in
the community. Times of little or no rainfall, of low humidity and high temperatures create
extremely hazardous conditions, particularly as they relate to the ignition of structure fires
which have the potential to burn into the vegetation (wildland), and vice versa. The winds
experienced in this area can have a tremendous impact upon structure fires in buildings of
close proximity to one another, commonly found in the residential neighborhoods throughout
the Ukiah Valley. During structure, or wildland fires, winds can carry sparks and burning
brands to other structures, thus spreading the fire and causing conflagrations. In building fires,
ATTACHMENT 1
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winds can literally force fire back into the building and create a blowtorch effect, in addition to
preventing “natural” ventilation and cross-ventilation efforts.
2. Geographic and Topographic
a. The fire environment of a community is primarily a combination of two factors: the area’s
physical geographic characteristics and the historic pattern of urban-suburban development.
These two factors, alone and combined, create a mixture of environments, which ultimately
determines the area’s fire protection needs.
The basic geographical boundaries of the District include Nelson Ranch Road to the south,
Cleland Mountain to the west, Gold Gulch to the north and Cow Mountain to the east.
Because of the size of the Ukiah Valley Fire District (98 square miles), the characteristics of the
fire environment changes from one location to the next. Therefore, the District has not one, but
a number of fire environments, each of which has its individual fire protection needs.
The service area of the Ukiah Valley Fire District has a varied topography and vegetative
cover. A conglomeration of valley floor, mountainous slopes, and ridges make up the terrain.
Development has occurred on the flat lands in the central portion of the District. However, over
the last thirty years, development has spread onto the surrounding mountainous slopes.
b. Seismic Location. The relatively young geological processes that have created the San
Francisco Bay Area are still active today. The District sits on the Maacama fault between the
San Andreas fault to the west and the Bartlett Springs fault to the east.
c. Size and Population. The Ukiah Valley Fire District covers 98 square miles including a
population estimated at 35,000. Ukiah Valley Fire has the largest number of dispatches of any
fire district in Mendocino County. Within the Fire Protection District are four (4) fire stations
and a total of 34 Fire District personnel. The Fire Protection District handles diverse
responsibilities including wildland, urban, freeway, and medical.
d. Roads and Streets. The 2005 Regional Transportation Plan states that the mountainous
nature of Mendocino County tends to minimize ground transportation options throughout the
region. As a result, lengthy cul-de-sacs, dead-end roads, and looped road systems generally
service many of the existing and new developments. Some planned unit developments are
served by private roads, which create access problems (i.e., narrow paved widths and on-
street parking).
The roadway systems on the flat lands within the Ukiah Valley Fire District are for the most part
a grid or loop system. Many of the roads servicing residential areas on the east and west
foothills of the District are narrow and winding affording difficult ingress to emergency
apparatus. Ingress and egress into the foothill areas will be made extremely difficult by large-
scale emergencies such as earthquake and wildland fire.
e. Topography. The District’s service area is a conglomeration of valley floor, mountainous
slopes, and ridges. The flatter lands are found in the central portion of the District. Most of the
existing urban and suburbanized areas are on relatively flat lands (0 – 5% slope).
Correspondingly, there is much diversity in slope percentages to the east and west of the valley
floor. Slopes on the northeast side of the valley floor average 26% and range from 8-80%.
Slopes on the southeast side of the valley floor average 35% and range from 9-80%. Slopes
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on the northwest side of the valley floor average 32% and range from 13-80%. Slopes on the
southwest side of the valley floor average 48% and range from 6-80%. Slope is an important
factor in fire spread. As a basic rule of thumb, the rate of spread will double as the slope
percentage doubles, all other factors remaining the same.
Elevations are varied in the District with the most southwest turn on Ruddick Cunningham
Road listed as 566 feet above sea level. The average elevation of the valley floor within the
District is 585 feet above sea level. The highest elevation is located above Willow Creek on
the east side of the District at 2600 feet above sea level.
f. Vegetation. The Ukiah Valley’s semi-arid Mediterranean-type climate produces vegetation
similar to that of most of Mendocino County, with specific growth locale a result of topography
and prevailing wind. The south facing exposures are primarily annual grass with occasional
clumps of Oak trees. The east, north, west facing slopes are heavily wooded from lower
elevations to ridge with Oak, Madrone, Douglas-fir, Redwood, and minor shrubs of the general
Chaparral class.
Expansion of the residential community into areas of heavier vegetation has resulted in homes
existing in close proximity to dense natural foliage. Often such dwellings are completely
surrounded by highly combustible vegetation compounding the fire problem from a
conflagration point of view.
g. Hydrology. The Ukiah Valley Fire District contains Lake Mendocino, the Russian River, Mill
Creek, Robinson Creek and multiple ephemeral streams. Annual precipitation at or above the
annual average of 37 inches can result in flooding along the Russian River and its tributaries.
These flooding events lead to increased emergency response times for apparatus responding
through or around the flooded roadways.
h. Summary. The above local geographic and topographic conditions increase the magnitude,
exposure, accessibility problems, and fire hazards presented to the Ukiah Valley Fire District.
Fire following an earthquake has the potential of causing greater loss of life and damage than
the earthquake itself.
The majority of the Ukiah Valley’s industrial/commercial complexes are located in close
proximity to the Maacama fault. This fault zone also contains the largest concentration of
hazardous materials. Hazardous materials, particularly toxic gases, could pose the greatest
threat to the largest number, should a significant seismic event occur. The District’s resources
would have to be prioritized to mitigate the greatest threat, and may likely be unavailable for
smaller single-dwelling or structure fires.
Other variables may tend to intensify the situation:
1) The extent of damage to the water system;
2) The extent of isolation due to bridge and/or freeway overpass collapse;
3) The extent of roadway damage and/or amount of debris blocking the roadways;
4) Climatic conditions (hot, dry weather with high winds);
5) Time of day will influence the amount of traffic on roadways and could intensify the risk to
life during normal business hours;
6) The availability of timely mutual aid or military assistance;
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Conclusion: Local climatic, geographic, and topographic conditions impact fire prevention efforts, and
the frequency, spread, acceleration, intensity and size of fire involving buildings in this community.
Further, they affect potential damage to all structures from earthquake, or flood, and subsequent fire.
Therefore it is found to be reasonably necessary that the California Fire Code and the State Building
Standards Code be changed or modified to mitigate the effects of the above conditions.
Furthermore, California Health and Safety Code Section 17958.7 requires that the modification or
change be expressly marked and identified as to which each finding refers. Therefore, the City of
Ukiah City Council finds that the following table provides code sections that have been modified
pursuant to Ordinance 2023-1 which are building standards as defined in Health and Safety Code
Section 18909, and the associated referenced conditions for modification due to local climatic,
geological and topographical reasons.
Section Number Local climatic, geological and topographical conditions
315.8 1e,2h
315.8.1 1e,2h
315.8.2 1e,2h
315.8.3 1e,2h
315.8.4 1e,2h
315.8.5 1e,2h
315.8.6 1e,2h
315.8.7 1e,2h
315.8.8 1e,2h
315.8.9 1e,2h
315.8.10 1e,2h
503.3.1 1e, 2a, 2d, 2e, 2f
503.4.2 1e, 2a, 2d, 2e, 2f
505.1 1e, 2h
505.3 1e, 2h
505.4 1e, 2c
505.5 1e, 2h
506.3 1e, 2h
1201.4 1e, 2h
903.2 1e, 2h
3314.1 1e, 2h
Table B105.2 1e, 2h
BB105.1 1w, 2h
5704.2.9.6.1 1e, 2h
5706.2.4.4 1e, 2h
5806.2 1e, 2h
6104.2 1e, 2h
NOW, THEREFORE, BE IT FURTHER RESOLVED AND ORDERED that the Fire Chief of the Ukiah
Valley Fire District shall provide a copy of the change or modification together with a copy of this
resolution to the County of Mendocino pursuant to California Health and Safety Code Section
13869.7(b)
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PASSED AND ADOPTED, by the City of Ukiah City Council, County of Mendocino, State of California
on February 21, 2024, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
_____________________________
Josefina Dueñas, Mayor
ATTEST:
Kristine Lawler, City Clerk
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Attachment 2
ORDINANCE NO. 20242-
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 6,
CHAPTER 3, ARTICLES 1 AND 3, OF THE UKIAH CITY CODE, ENTITLED: FIRE PREVENTION
CODE.
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE.
Article 1 of Chapter 3 in Division 6 of the Ukiah City Code is hereby amended to read
as follows (unchanged text is omitted and is shown by “* * *”):
§5200 ADOPTION OF CALIFORNIA FIRE CODE
A certain document, three (3) copies of which are on file in the office of the City Clerk of the
City of Ukiah, being marked and designated as the California Fire Code, 2019 2022 Edition,
including Appendix Chapter 4 and Appendices B, BB, C, CC, D, E, F, G, H, I, K, N and O as
published by the International Code Council, and National Fire Protection Association
(NPFA) 1 Chapter 38, be and is hereby adopted as the Fire Code of the City of Ukiah, in the
State of California regulating and governing the safeguarding of life and property from fire
and explosion hazards arising from the storage, handling and use of hazardous substances,
materials and devices, and from conditions hazardous to life or property in the occupancy of
buildings and premises as herein provided; providing for the issuance of permits and
collection of fees therefor; and each and all of the regulations, provisions, penalties,
conditions and terms of said Fire Code on file in the office of the City Clerk are hereby referred
to, adopted, and made part hereof, as if fully set out in this section, with the additions,
insertions, deletions, and changes, if any, prescribed in Division 6, Chapter 3, Articles 2 and
3 of this code. Further, the regulations known as the "SRA Fire Safe Regulations" as set forth
within Title 14, Division 1.5, Chapter 7, Subchapter 2 of the California Board of Forestry
applicable to the State Responsibility Area ("SRA") are hereby incorporated, adopted
verbatim and made part hereof, and such SRA Fire Safe Regulations shall be enforced and
implemented within all applicable High Fire Severity Zones within the City of Ukiah.
§5200.5 INSERTIONS INTO CERTAIN SECTIONS OF THE CALIFORNIA FIRE CODE
2019 2022 EDITION
The following sections of the California Fire Code, 2019 2022 Edition, are hereby revised
amended by inserting information specific to the City of Ukiah so that these sections read as
follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Ukiah,
hereinafter referred to as "this code."
Section 105.1, General, of Chapter 1 is amended to read as follows:
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105.1 General. Permits shall be in accordance with Sections 105.1.1 through 105.76.25 24
or other provisions of this code as required by the City of Ukiah.
Section 111.1, Board of Appeals Established, of Chapter 1 is amended to read as follows:
111.1 Board of Appeals Established. In order to hear and decide appeals of orders,
decisions, or determinations made by the fire code official relative to the application and
interpretation of this code, there shall be and is hereby created a Board of Appeals. The
Board of Appeals shall be the Board of Directors of the Ukiah Valley Fire District or a sub-
committee as appointed by the Board of Directors of the Ukiah Valley Fire District. The fire
code official shall be an ex-officio member of said board but shall have no vote on any
matter before the board. The board shall adopt rules of procedure for conducting its
business and shall render all decisions and findings in writing to the Appellant with a
duplicate copy to the fire code official.
Section 111.3, Qualifications, of Chapter 1 is deleted.
Section 111.5, Appeals Process, of Chapter 1 is added to read as follows:
111.5 Appeals Process. The appeals process for appeals of orders, decisions, or
determinations made by the fire code official relative to the application and interpretation of
this code shall be defined by sections 111.5.1 through 111.5.5.
Section 111.5.1, Initiating Appeal, of Chapter 1 is added to read as follows:
Section 111.5.1 Initiating Appeal. Any beneficially interested party has the right to appeal
the order served by the fire code official by filing a written “NOTICE OF APPEAL” with the
office of the fire code official within ten days after service of such order and upon payment
of the sum of $150. In the event the order of the fire code official is overturned following
the appeal, the fee shall be returned. The notice shall state the order appealed from, the
identity and mailing address of the Appellant, and the specific grounds upon which the
appeal is made.
Section 111.5.2, Stay of Order, of Chapter 1 is added to read as follows:
Section 111.5.2 Stay of Order. The timely filing of a properly completed notice of appeal
shall have the effect of staying the implementation of the order appealed from until the final
decision of the appeal. Failure to file a timely notice of appeal waives any right to further
challenge the order of the fire code official. “File” means delivered to the office of the fire
code official at 300 Seminary Ln, Ukiah, California 95482.
Exception: Orders affecting acts or conditions which in the opinion of the fire code official,
pose an immediate threat to life, property, or the environment as a result of panic, fire,
explosion, or release are enforceable when made and are not stayed by the filing of a
notice of appeal.
Section 111.5.3, Hearing of Appeal, of Chapter 1 is added to read as follows:
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Section 111.5.3 Hearing of Appeal. Following is the process for establishing and hearing
appeals:
The Board of Appeals, or the secretary thereof, shall set the matter to be heard at a date
within thirty (30) days of receipt of such notice of appeal. Written notice of the time and
place set for hearing shall be served on the Appellant by first class mail to the mailing
address given in the notice of appeal. A hearing may not be conducted less than 20 days
after notice is given to the applicant. The Board of Appeals may adopt rules governing the
conduct of its hearings. Those rules shall include, at least, the following:
1. The fire code official shall submit evidence at the hearing substantiating his/her decision.
Such evidence may include testimony, fire district, police or other reports of the incident,
witness statements, and other documents. Not less than 10 days prior to the scheduled
hearing, the fire code official must notify the Appellant of the name, address, and phone
number of any witness to the violation and furnish the Appellant with a copy of any
document the fire code official intends to submit at the hearing. Not less than seven (7)
days prior to the hearing, the Appellant may request the fire code official to produce at the
hearing any witness he/she intends to rely upon to substantiate the violation. The written
request must name the witness or witnesses who are requested to attend the hearing. The
fire code official may not rely on the testimony of any witness (including such testimony
contained in reports or written witness statements) whose appearance at the hearing is
required by this subsection if that witness fails to appear.
2. Not less than 10 days prior to the hearing, the Appellant must notify the fire code official
in writing of the name, address, and phone number of any witness the Appellant intends to
call as a witness at the hearing, provide a brief description of the proposed testimony, and
furnish the fire code official with a copy of any document the Appellant intends to offer as
evidence at the hearing. The Appellant may not call any witness to testify at the hearing
who was not identified as required by this subsection or offer any document as evidence at
the hearing that was not provided to the fire code official as required by this subsection.
3. At the hearing, the Appellant may be represented by an attorney, at the Appellant’s
expense. Both the fire code official and the Appellant shall have the right to examine and
cross-examine any witness produced at the hearing. The rules of evidence that normally
apply in court shall not apply in a hearing before the Board of Appeals, but it shall only
consider evidence that would be relied upon by reasonable people making an important
decision, and shall disregard evidence that by its nature is unreliable or not credible.
4. The entire hearing shall be electronically or stenographically recorded. The Board of
Appeals shall base its decision exclusively on the evidence presented at the hearing and
shall issue a written decision, which includes a statement of the relevant facts that it finds to
be true and explains how the facts support its decision. The record of the hearing shall be
preserved for not less than six (6) months after the decision is served on the Appellant.
Section 111.5.4, Hearing Decision, of Chapter 1 is added to read as follows:
Section 111.5.4 Hearing Decision. The chairperson of the Board of Appeals shall issue
the written decision required by subsection 4 of Section 111.4.3 Hearing of appeal. The
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Board of Appeals may issue a decision affirming, modifying, or vacating the order of the fire
code official. The decision shall be in writing and shall be served upon the Appellant by
first class mail to the mailing address given in the notice of appeal. The hearing decision
shall include notice of the Appellant’s right to seek review of the decision pursuant to
California Code of Civil Procedure Sections 1094.5 and 1094.6.
Section 111.5.5, Finality of the Decision of the Board of Appeals, of Chapter 1 is added to
read as follows:
Section 111.5.5 Finality of the Decision of the Board of Appeals. The decision of the
Board of Appeals shall be the final decision for the District. The Board of Appeals shall
have the power to continue any hearing and may, at its discretion, take the appeal under
submission. The Board of Appeals shall render a decision not later than the seventh (7th)
day following the date the matter was taken under submission, and forthwith notify the
interested parties as previously set forth.
Section 111.5.6, Appeal to Superior Court, of Chapter 1 is added to read as follows:
Section 111.5.6 Appeal to Superior Court. Judicial review of the decision of the Board of
Appeals shall be governed by the Code of Civil Procedure Sections 1094.5 and 1094.6.
Section 111.5.7, Enforcement of Decision, of Chapter 1 is added to read as follows:
Section 111.5.7 Enforcement of Decision. Unless stayed by a court, any final decision of
the Board of Appeals is effective immediately and may be implemented and enforced by
the District. The remedies provided by this code are cumulative and in addition to any
other remedies available at law or in equity.
1. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this
ordinance shall constitute a violation.
2.Violations of this code are hereby declared to be public nuisances.
3.A violation of this code constitutes a misdemeanor/infraction punishable by a fine of
$1,000 or by imprisonment in the County jail for six months, or both.
4. In addition to other remedies provided by this ordinance or by other law, any violation of
this ordinance may be remedied by a civil action brought by the District, including, for
example, administrative or judicial nuisance abatement proceedings, other legally
authorized enforcement proceedings, and suits for injunctive relief.
Section 1120.4, Violation Penalties, of Chapter 1 is amended to read as follows:
Section 1120.4 Violation Penalties. Persons who shall violate a provision of this code or
shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair
or do work in violation of the approved construction documents or directive of the fire code
official, or of a permit or certificate used under provisions of this code, shall be guilty of a
misdemeanor/infraction. The first citation within a 12-month period, for violations of the Fire
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Code and any amendments adopted herein shall be treated as a Civil Penalty payable
directly to the City of UkiahUkiah Valley Fire District and is set at $250.00 plus the actual
costs of all inspections required to gain compliance at the current rate set from time to time
by the City of UkiahUkiah Valley Fire District, per hour with a 1 hour minimum. Said civil
penalties shall be a debt owed to the City of UkiahDistrict by the person responsible for the
violation within thirty (30) days after the date of mailing the citation, unless an appeal is filed
as provided in this section. Upon failure to pay the Civil civil penalty when due, the
responsible person shall be liable for civil action brought forth by the City of UkiahUkiah
Valley Fire District for such penalty and costs of the litigation, including reasonable attorney’s
fees.
Any subsequent citations within a twenty-four (24) month period for any violations of the Fire
Code and any amendments adopted herein shall be misdemeanors/infractions, and shall be
subject to the penalties set forth herein, or a civil penalty shall be assessed in the sum of
$500.00 plus the actual costs of all inspections required to gain compliance at the current
rate set from time to time by the City of UkiahUkiah Valley Fire District. The imposition of a
penalty for any violation shall not excuse the violation or permit it to continue and all such
persons shall be required to correct or remedy such violations or defects within a reasonable
time. When not otherwise specified, each day that a violation occurs or continues, after a
final notice has been delivered shall constitute a separate offense. The application of both
penalties shall be held to prevent the enforced correction of the prohibited condition. Nothing
contained in this Section shall be construed or interpreted to prevent the City of UkiahUkiah
Valley Fire District from recovering all costs associated with a Fire Department District
response as described in the City of Ukiah Valley Fire District’s current cost recovery
ordinance, Ordinance 2004-1, or subsequent cost recovery ordinances.
Any violation of any provision of this Chapter shall constitute a public nuisance and shall
entitle the Ukiah Valley Fire District to collect the costs of abatement and related
administrative costs by a nuisance abatement lien as more particularly set forth in
Government Code Section 38773.1, and by special assessment to be collected by the
County Tax Collector as more particularly set forth in Government Code Section 38773.5.
At least thirty (30) days prior to recordation of the lien, or submission of the report to the
Tax Collector for collection of this special assessment, the record owner shall receive
notice from the Chief of the Ukiah Valley Fire District of the intent to charge the property
owner for all administrative costs associated with enforcement of this Ordinance and
abatement of the nuisance. The notice shall include a summary of costs associated with
enforcement of this Ordinance and abatement of the nuisance. The property owner may
appeal the Chief’s decision to the Board of Directors of the Ukiah Valley Fire District within
fifteen (15) days of the date of the notice and request a public hearing prior to recordation
of the lien or submission of the report to the County Tax Collector for collection of the
special assessment. In addition to the foregoing, the Ukiah Valley Fire District is authorized
to prosecute a civil action to collect such abatement costs from the property owner or other
person in possession or control of the affected property and shall be entitled to recover
such abatement costs, together with the cost of litigation, including reasonable attorney’s
fees.
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Any person receiving a citation for a civil penalty pursuant to Section 112.3, Violation
Penalties, of Chapter 1, may file an appeal per Section 111.5 through 111.7 of this code
against the imposition of the civil penalty or response costs and expense.
Section 1132.4, Failure to Comply, of Chapter 1 is amended to read as follows:
Section 1132.4 Failure to Comply. Any person who shall continue any work after having
been served with a stop work order, except such work as that person is directed to perform
to remove a violation or unsafe conditions, shall be liable to a fine payable directly to the City
of UkiahUkiah Valley Fire District in the amount of set at not less than $250.00 or more than
$1000.00 plus the actual costs of all inspections required to gain compliance at the rate set
from time to time by the City of UkiahUkiah Valley Fire District, per hour with a 1 hour
minimum. This civil penalty shall be a debt owed to the District by the person responsible for
the violation within thirty (30) days after the date of mailing of the citation unless an appeal
is filed as provided for in Section 108.4.
Section 315.8 Lithium battery storage and handling, of Chapter 3, is hereby added to read
as follows:
315.8 Lithium battery storage and handling. The storage and handling of lithium-ion and
lithium metal batteries or cells in quantities exceeding 1,000 pounds (4086 kg) shall comply
with Sections 315.8.1 through 315.8.10, and Chapter 32 where applicable.
315.8.1 Permits. Permits shall be required as set forth in Section 105.6.27.
315.8.2 Maximum quantity in a fire area. The aggregate amount of lithium batteries
stored and handled in a single fire area shall not exceed 9,000 pounds (4086 kg).
315.8.3 Construction requirements. Fire areas shall be separated from each other by fire
barriers having not less than a 2-hour fire-resistance rating constructed in accordance with
Section 707 of the Building Code and horizontal assemblies constructed in accordance with
Section 711 of the Building Code.
315.8.4 Number of fire areas. The maximum number of fire areas within a building shall
be four.
315.8.5 Group H, Division 2 occupancy. Storage and handling of more than 9,000 pounds
of lithium batteries per fire area shall be in an approved Group H, Division 2 occupancy
constructed in accordance with the Building Code and provided throughout with approved
automatic smoke detection and radiant-energy detection systems.
315.8.6 Automatic sprinkler system. Buildings containing fire areas used for lithium
battery storage or handling shall be equipped throughout with an approved automatic
sprinkler system in accordance with Section 903.3.1.1. The design of the sprinkler system
within each fire area shall not be less than that required for Extra Hazard Group 2 with a
minimum design area of 2,500 square feet. Where the storage arrangement is required by
other provisions of this code to be provided with a higher level of sprinkler system
protection, the higher level of sprinkler system protection shall be provided.
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315.8.7 Automatic smoke detection system. An approved automatic smoke detection
system that activates an approved occupant notification system shall be provided
throughout each fire area in accordance with Section 907.
315.8.8 Radiant energy detection. An approved radiant-energy detection system that
activates an approved occupant notification system shall be installed throughout each fire
area in accordance with Section 907.
315.8.9 Collection containers. Containers used to collect or store lithium batteries shall
be: noncombustible and shall not have an individual capacity exceeding 30 gallons (113.6
L); or be approved for transportation in accordance with the Department of Transportation
(DOT).
315.8.10 Storage configuration. Lithium batteries shall be considered a high-hazard
commodity in accordance with Chapter 32 and where applicable, lithium battery storage
shall comply with Chapter 32 in addition to Section 315.8.
Section 503.3.1, Fire Lane Designation, of Chapter 5 is hereby added to read as follows:
Section 503.3.1 Fire Lane Designation. Where the fire code official determines that it is
necessary to ensure adequate fire access, the fire code official may designate existing
roadways as fire access roadways as provided by Vehicle Code section 22500.1 (public)
or 22658(a) (private).
Section 503.4.2, Roadway Design Features, of Chapter 5 is hereby added to read as follows:
Section 503.4.2 Roadway Design Features. Roadway design features (speed bumps,
speed humps, speed control dips, etc.) which may interfere with emergency apparatus
responses shall not be installed on fire access roadways, unless they meet design criteria
approved by the fire code official.
Section 505.1, Address Identification, of Chapter 5 is hereby amended to read as follows:
Section 505.1 Address Identification. Approved numbers and/or addresses shall be
placed and maintained on all new and existing buildings and at appropriate additional
locations as to be plainly visible and legible from the street or roadway fronting the property
from either direction of approach. Said number shall contrast with their background and shall
meet the minimum standards as to size: 4" high with a 0.5" stroke for residential buildings, 6'
high and a 0.5" stroke for commercial and multi-residential buildings, 12" high with a 1" stroke
for industrial buildings. Additional numbers shall be required where deemed necessary by
the fire code official, such as rear access doors, building corners, and entrances to
commercial centers. The fire code official may establish different minimum sizes for numbers
for various categories of projects.
Section 505.3, Easement Address Signs, of Chapter 5 is hereby added to read as follows:
Section 505.3 Easement Address Signs. All easements, which are not named differently
from the roadway from which they originate, shall have an address sign installed and
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maintained, listing all street numbers occurring on that easement, located where the
easement intersects the named roadway. Minimum size of numbers on that sign shall be 4"
in height with a minimum stroke of 0.5" and shall contrast with the background.
Section 505.4, Map Directories, of Chapter 5 is hereby added to read as follows:
Section 505.4 Map Directories. A lighted directory map, meeting current Ffire department
District standards, shall be installed at each driveway entrance to multiple unit residential
projects and mobile home parks, where the numbers of units in such projects exceed 15.
Section 505.5, Response Map Updates, of Chapter 5 is hereby added to read as follows:
Section 505.5 Response Map Updates. Any new development, which necessitates
updating of emergency response maps by virtue of new structures, hydrants, roadways or
similar features, shall be required to provide map updates in a format (PDF and/or CAD
format as approved by the fire code official) or compatible with current department District
mapping services, and shall be charged a reasonable fee for updating all response maps
associated with this development.
Section 506.3, Emergency Electrical Disconnects, of Chapter 5 is hereby added as follows:
Section 506.3 Emergency Electrical Disconnects. Where access to main electrical control
panels requires entry to, and passage through, portions of a structure which may be involved
with fire, smoke, gasses, hazardous materials, or which otherwise present unsafe conditions
to emergency personnel, the fire code official may require that a means of remotely
disconnecting electrical service to the structure be provided. This means of remotely
disconnecting electrical service shall be by a secured key switch mechanism approved by
the fire code officialFire District.
Section 6041201.43.1.1, Alternate Power Sources, of Chapter 6 12 is hereby added to read
as follows:
Section 6041201.4.3.1.1 Alternate Power Sources. All permanent installations of electrical
generators, wind generators, or other power sources shall be approved by the building code
official. All applicable provisions of the National California Electrical Code, the California
Plumbing Code, the Uniform Fuel Gas Code, the California Building Code, California
Residential Code, and this Code shall be followed for any such installation. Permanent
engraved and affixed signage, red in color, reading "WARNING – This premises is provided
with an Alternate Power source, Disconnection of commercial power may not disable the
electric power source." Lettering shall be a minimum of 0.5" tall and shall be permanently
affixed on each electrical panel subject to back-feed form alternate power sources. Any and
all power disabling switches shall be clearly labeled.
Section 903.2, Where required, of Chapter 9 is hereby amended to read as herein provided.
This section shall not amend the portion commencing and following Section 903.2.1.
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Section 903.2 Where required. Approved automatic sprinkler systems in new, additions to
existing, remodeled, added to or altered buildings and structures shall be provided in the
locations described in this section.
A. Approved automatic sprinkler systems shall be provided in the new buildings and
structures requiring a fire flow of 2000 2,0001,750 gallons per minute (GPM) or
greater as determined by Appendix B of this code.
B. Approved automatic sprinkler systems shall be provided in addition to existing structures
where the new total building area would require a fire flow of 2,000 gallons per minute
(GPM) or greater as determined by Appendix B of this code.
C. Approved automatic sprinkler systems shall be provided in existing structures which are
remodeled, added to or altered, except for ordinary maintenance and repair not involving
structural alterations,where improvements occur during any three (3) year period which
meet the definition of a “substantial remodel” and requiring a fire flow of 2,000 gallons
per minute (GPM) or greater as determined by Appendix B of this code, and when the
cost of such remodels, additions, or alterations within any 36 month period exceeds
$60,000.00.
Exception: Projects which are solely complying with statutory regulations (examples may be
Health and Safety Codes, earthquake/seismic, American Disabilities Act (ADA), or façade
improvements) will not trigger this requirement.
D. Approved automatic sprinkler systems shall be provided in new structures exceeding 30
feet in height above lowest grade level.
E. Approved automatic sprinkler systems shall be provided in those new, additions to
existing, remodeled, added to or altered buildings and structures which require a fire flow, as
determined by Appendix B of this code, in excess of the capability of the available water
supply.
F. Approved automatic sprinkler systems shall be installed per 903.3.1.3 in new mobile
homes, and manufactured homes.
G. For purposes of this Section, “substantial remodel” shall mean the alteration of any
structure which combined with any additions to the structure, performed within any three (3)
year period, affects an area of work that exceeds fifty percent (50%) of the existing floor
area of the structure. When any changes are made in the building, such as walls, columns,
beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms,
foundations, piles or retaining walls or similar components, the area of work for all rooms
affected by such changes shall be included in computing floor areas for purposes of
applying this definition. This definition does not apply to the replacement and upgrading of
residential roof coverings or exterior wall finishes.
Definition: Area of work: (For the purpose of determining the square footage affected by a
construction permit.) An area, where work activity takes place for which a permit is required
plus 5 feet in all directions and does not include adjacent spaces where no work requiring a
permit is being done.
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Example: A 10 foot walls are moved that will take two spaces and turn them into one. The
only area of work would be the wall plus five feet on either side. Total square footage 100
square foot assuming there is no other work being done that would require a permit in the
same space.
Section 3313.1, Where required, of Chapter 33 is hereby amended to read as follows:
Section 3313.1 Where required. In buildings required to have standpipes by Section
905.3.1, not less than one standpipe shall be provided for use during construction. Such
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standpipes shall be installed during construction for each story above or below the first floor
grade. Such standpipes shall be provided with Ffire department District hose connections at
locations adjacent to stairways complying with Section 3311.1. Such standpipes shall be
extended to the floor of the highest point of construction having secured decking or flooring.
Section Table B105.2, Buildings other than one- and two-family dwellings, of Appendix B is
hereby amended as follows:
AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)
MINIMUM FIRE
FLOW
(gallons per
minute)
FLOW DURATION
(hours)
No automatic sprinkler system Value in Table
B105.1(2)
Duration in Table B105.1(2)
Section 903.3.1.1 of the California
Fire Code
50% of the value in
Table B105.1(2)a
Duration in Table B105.1(2)
at the reduced flow rate
Section 903.3.1.2 of the California
Fire Code
50% of the value in
Table B105.1(2)b
Duration in Table B105.1(2)
at the reduced flow rate
Exceptions:
1. A reduction in required fire-flow of up to 50 percent, as approved, is allowed when the
building is provided with an approved automatic sprinkler system installed in accordance with
Section 903.3.1.1 or 903.3.1.2. The resulting fire-flow shall not be less than 1,500 gallons
per minute (5,678 L/min) for the prescribed duration as specified in Table B105.1.
Section BB105.1, Fire-Flow requirements for buildings, of Appendix BB is hereby amended
as follows:
Section BB105.1 The minimum fire flow and flow duration for school buildings shall be
specified in Table BB105.1.
Exception: A reduction in required fire flow of up to 50 percent is allowed when the building
is provided with an approved sprinkler system.
§5201 DEFINITIONS
In the California Fire Code, herein adopted, the terms used therein shall comply with the
common construction given to and usage of them in the City and as hereinafter defined.
§5202 ENFORCEMENT
A. The California Fire Code (CFC) herein adopted shall be enforced by the Chief of the Fire
Department of the CityUkiah Valley Fire District who is hereby appointed to supervise the
Bureau of Fire Prevention and such regularly employed members of said DDistrict
department in accordance with the applicable provisions of the California Fire Code.
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B. Section 104.3 of the California Fire Code is amended by adding subsection 104.3.2
thereto as follows:
For the purpose of providing and maintaining functions necessary for the prevention of fire
and for the protection of life and property from fire and panic, there is hereby established a
"self-inspection program" assuring that certain California building code (CBC) group B, F, H,
L, M, and S occupancies within the city are inspected on an annual basis for fire safety.
The Ukiah Ffire department District shall deliver, by hand or by mail, "self-inspection
worksheet" and "business and emergency record" forms as established from time to time by
said department District to certain CBC group B, F, H, L, M, & S occupancies within the city
on an annual basis, or as may be initiated through the business license application process.
The owner or manager of said occupancy or person in highest authority in said occupancy
shall be allowed thirty (30) days from issue date, as noted on the self-inspection worksheet,
in which to conduct an inspection for fire safety, correct any deficiencies, complete said
forms, and return completed forms to the Ukiah Valley Fire District Ukiah fire department as
directed by the fire chief or his designee.
Any person who fails to comply with the requirements to return said forms duly completed
and to correct the deficiencies noted in said occupancies within thirty (30) days of the
issuance of said forms shall be guilty of an infraction, punishable by a fine of $100 for a first
offense, $500 for a second offense and $1,000 for a third or subsequent offense.
SECTION TWO.
Article 3 of Chapter 3 in Division 6 of the Ukiah City Code is hereby amended to read
as follows:
* * *
§5216 SECTION 903.2
Section 903.2 (not including sections 903.2.1 and all subsections thereof) of the California
fire code, 2010 edition, is amended to read as follows:
Section 903.2 – Where Required. Approved automatic sprinkler systems in new, additions
to existing, remodeled, added to or altered buildings and structures shall be provided in the
locations described in this section.
A. Approved automatic sprinkler systems shall be provided in new buildings and structures
requiring a fire flow of 2,0002,0001,750 gallons per minute (gpm) or greater as
determined by appendix B of this code.
B. Approved automatic sprinkler systems shall be provided in additions to existing structures
where the new total building area would require a fire flow of 2,000 2,0001,750 gallons per
minute (gpm) or greater as determined by appendix B of this code.
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C. Approved automatic sprinkler systems shall be provided in existing structures where
improvements occur during any three (3) year period wch meet the definition of a “substantial
remodel” and which are remodeled, added to or altered, except for ordinary maintenance
and repair not involving structural alterations, requiring a fire flow of 2,000 2,0001,750
gallons per minute (gpm) or greater as determined by appendix B of this code, and when the
cost of such remodels, additions, or alterations within any 36 month period exceeds
$60,000.
Exception: Projects which are solely complying with statutory regulations (examples may be
health and safety codes, earthquake/seismic, American disabilities act (ADA), or facade
improvements) will not trigger this requirement.
D. Approved automatic sprinkler systems shall be provided in new structures exceeding 30
feet in height above the lowest grade level.
E. Approved automatic sprinkler systems shall be provided in those new, additions to
existing, remodeled, added to or altered buildings and structures which require a fire flow, as
determined by appendix B of this code, in excess of the capability of the available water
supply.
F. Approved automatic sprinkler systems shall be installed per 903.3.1.3 in new mobile
homes, and manufactured homes.
G. For purposes of this Section, “substantial remodel” shall mean the alteration of any
structure which combined with any additions to the structure, performed within any three (3)
year period, affects an floor area of work that exceeds fifty percent (50%) of the existing
floor area of the structure. When any changes are made in the building, such as walls,
columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof
diaphragms, foundations, piles or retaining walls or similar components, the floor area of
work of all rooms affected by such changes shall be included in computing floor areas for
purposes of applying this definition. This definition does not apply to the replacement and
upgrading of residential roof coverings or exterior wall finishes.
* * *
§5218 SECTION 506.3
Section 506.3 of the California fire code, 2010 edition, is added as follows:
Section 506.3 – Emergency Electrical Disconnects.
Where access to main electrical control panels requires entry to, and passage through,
portions of a structure which may be involved with fire, smoke, gasses, hazardous materials,
or which otherwise present unsafe conditions to emergency personnel, the chief may require
that a means of remotely disconnecting electrical service to the structure be provided. This
means of remotely disconnecting electrical service shall be by a secured key switch
mechanism approved by the fire departmentFire District.
* * *
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§5223 GEOGRAPHIC LIMITS
That The geographic limits referred to in certain section of the
California Fire Code are hereby established as follows:
2019 2022 edition of the
Section 5704.2.9.6.1 The geographic limits referred to in Section 5704.2.9.6.1 of the 2022
2219 edition of the California Fire Code in which storage of Class I, Class II, and liquids in
outside above ground tanks is prohibited are amended as follows: In all residential areas
and in all heavily populated or congested commercial areas as established by the City of
Ukiah County of Mendocino, and agricultural land of less than two (2) acres.
Section 5706.2.4.4 The geographic limits referred to in Section 5706.2.4.4 of the 202219
edition of the California Fire Code in which storage of Class I, Class II, and liquids in
aboveground tanks is prohibited are amended as follows: In all residential areas and in all
heavily populated or congested commercial areas as established by the County of
Mendocino City of Ukiah, and agricultural land of less than two (2) acres.
Section 5806.2 The geographic limits referred to in the 2022219 edition of the California
Fire Code in which the storage of flammable cryogenic fluids in stationary containers are
prohibited, are hereby established as follows: In all residential areas and heavily populated
or congested commercial areas, as established by the City of Ukiah County of Mendocino.
Section 6104.2 The geographic limits referred to in Section 61 613804.2 of the 2022 2219
edition of the California Fire Code in which storage of liquefied petroleum gas, the
aggregate capacity of any one installation shall not exceed a water capacity of 2,000
gallons (7,570 liters), is restricted, are amended as follows: In all residential areas and
in all heavily populated or congested commercial areas as established by the City of
Ukiah.
§5224 SECTION 7904.4.1.1
Section 7904.4.1.1 is hereby added to the California fire code to read as follows:
Section 7904.4.1.1 – Location Of Bulk Plants.
No bulk plants shall be constructed within the city limits of the city of Ukiah, except if
constructed in accordance with section 7902.2.2.1 of the California fire code.
SECTION TWO.
1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once
in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the
Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and
again within fifteen (15) days after its adoption.
2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.
Introduced by title only on 11/2 , 2022, by the following roll call vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on12/6 , 20232, by the following roll call
vote: AYES:
NOES:
ABSENT:
ABSTAIN:
Jim O. Brown, Mayor
ATTEST:
Kristine Lawler, City Clerk
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Attachment 3
ORDINANCE NO. 2024-
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 6,
CHAPTER 3, ARTICLES 1 AND 3, OF THE UKIAH CITY CODE, ENTITLED: FIRE PREVENTION
CODE.
The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE.
Article 1 of Chapter 3 in Division 6 of the Ukiah City Code is hereby amended to read as follows
(unchanged text is omitted and is shown by “* * *”):
§5200 ADOPTION OF CALIFORNIA FIRE CODE
A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of
Ukiah, being marked and designated as the California Fire Code, 2022 Edition, including Appendix
Chapter 4 and Appendices B, BB, C, CC, D, E, F, G, H, I, K, N and O as published by the International
Code Council, and National Fire Protection Association (NPFA) 1 Chapter 38, is hereby adopted as
the Fire Code of the City of Ukiah, in the State of California regulating and governing the safeguarding
of life and property from fire and explosion hazards arising from the storage, handling and use of
hazardous substances, materials and devices, and from conditions hazardous to life or property in the
occupancy of buildings and premises as herein provided; providing for the issuance of permits
and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions
and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted, and
made part hereof, as if fully set out in this section, with the additions, insertions, deletions, and
changes, if any, prescribed in Division 6, Chapter 3, Articles 2 and 3 of this code.
§5200.5 INSERTIONS INTO CERTAIN SECTIONS OF THE CALIFORNIA FIRE CODE 2022
EDITION
The following sections of the California Fire Code, 2022 Edition, are hereby amended by inserting
information specific to the City of Ukiah so that these sections read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Ukiah, hereinafter
referred to as "this code."
Section 105.1, General, of Chapter 1 is amended to read as follows:
105.1 General. Permits shall be in accordance with Sections 105.1.1 through 105.24 or other
provisions of this code as required by the City of Ukiah.
Section 111.1, Board of Appeals Established, of Chapter 1 is amended to read as follows:
111.1 Board of Appeals Established. In order to hear and decide appeals of orders, decisions, or
determinations made by the fire code official relative to the application and interpretation of this code,
there shall be and is hereby created a Board of Appeals. The Board of Appeals shall be the Board of
Directors of the Ukiah Valley Fire District or a sub- committee as appointed by the Board of Directors
of the Ukiah Valley Fire District. The fire code official shall be an ex-officio member of said board but
shall have no vote on any matter before the board. The board shall adopt rules of procedure for
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conducting its business and shall render all decisions and findings in writing to the Appellant with a
duplicate copy to the fire code official.
Section 111.3, Qualifications, of Chapter 1 is deleted.
Section 111.5, Appeals Process, of Chapter 1 is added to read as follows:
111.5 Appeals Process. The appeals process for appeals of orders, decisions, or determinations
made by the fire code official relative to the application and interpretation of this code shall be defined
by sections 111.5.1 through 111.5.5.
Section 111.5.1, Initiating Appeal, of Chapter 1 is added to read as follows:
Section 111.5.1 Initiating Appeal. Any beneficially interested party has the right to appeal the order
served by the fire code official by filing a written “NOTICE OF APPEAL” with the office of the fire code
official within ten days after service of such order and upon payment of the sum of $150. In the event
the order of the fire code official is overturned following the appeal, the fee shall be returned. The
notice shall state the order appealed from, the identity and mailing address of the Appellant, and the
specific grounds upon which the appeal is made.
Section 111.5.2, Stay of Order, of Chapter 1 is added to read as follows:
Section 111.5.2 Stay of Order. The timely filing of a properly completed notice of appeal shall have
the effect of staying the implementation of the order appealed from until the final decision of the
appeal. Failure to file a timely notice of appeal waives any right to further challenge the order of the
fire code official. “File” means delivered to the office of the fire code official at 300 Seminary Ln,
Ukiah, California 95482.
Exception: Orders affecting acts or conditions which in the opinion of the fire code official, pose an
immediate threat to life, property, or the environment as a result of panic, fire, explosion, or release are
enforceable when made and are not stayed by the filing of a notice of appeal.
Section 111.5.3, Hearing of Appeal, of Chapter 1 is added to read as follows:
Section 111.5.3 Hearing of Appeal. Following is the process for establishing and hearing appeals:
The Board of Appeals, or the secretary thereof, shall set the matter to be heard at a date within thirty
(30) days of receipt of such notice of appeal. Written notice of the time and place set for hearing shall
be served on the Appellant by first class mail to the mailing address given in the notice of appeal. A
hearing may not be conducted less than 20 days after notice is given to the applicant. The Board of
Appeals may adopt rules governing the conduct of its hearings. Those rules shall include, at least,
the following:
1. The fire code official shall submit evidence at the hearing substantiating his/her decision. Such
evidence may include testimony, fire district, police or other reports of the incident, witness
statements, and other documents. Not less than 10 days prior to the scheduled hearing, the fire
code official must notify the Appellant of the name, address, and phone number of any witness to
the violation and furnish the Appellant with a copy of any document the fire code official intends
to submit at the hearing. Not less than seven (7) days prior to the hearing, the Appellant may
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request the fire code official to produce at the hearing any witness he/she intends to rely upon to
substantiate the violation. The written request must name the witness or witnesses who are
requested to attend the hearing. The fire code official may not rely on the testimony of any witness
(including such testimony contained in reports or written witness statements) whose appearance
at the hearing is required by this subsection if that witness fails to appear.
2. Not less than 10 days prior to the hearing, the Appellant must notify the fire code official in writing
of the name, address, and phone number of any witness the Appellant intends to call as a witness
at the hearing, provide a brief description of the proposed testimony, and furnish the fire code
official with a copy of any document the Appellant intends to offer as evidence at the hearing. The
Appellant may not call any witness to testify at the hearing who was not identified as required by
this subsection or offer any document as evidence at the hearing that was not provided to the fire
code official as required by this subsection.
3. At the hearing, the Appellant may be represented by an attorney, at the Appellant’s expense. Both
the fire code official and the Appellant shall have the right to examine and cross-examine any
witness produced at the hearing. The rules of evidence that normally apply in court shall not apply
in a hearing before the Board of Appeals, but it shall only consider evidence that would be relied
upon by reasonable people making an important decision, and shall disregard evidence that by
its nature is unreliable or not credible.
4. The entire hearing shall be electronically or stenographically recorded. The Board of Appeals
shall base its decision exclusively on the evidence presented at the hearing and shall issue a
written decision, which includes a statement of the relevant facts that it finds to be true and explains
how the facts support its decision. The record of the hearing shall be preserved for not less than
six (6) months after the decision is served on the Appellant.
Section 111.5.4, Hearing Decision, of Chapter 1 is added to read as follows:
Section 111.5.4 Hearing Decision. The chairperson of the Board of Appeals shall issue the written
decision required by subsection 4 of Section 111.4.3 Hearing of appeal. The Board of Appeals may
issue a decision affirming, modifying, or vacating the order of the fire code official. The decision shall
be in writing and shall be served upon the Appellant by first class mail to the mailing address given in
the notice of appeal. The hearing decision shall include notice of the Appellant’s right to seek review
of the decision pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.
Section 111.5.5, Finality of the Decision of the Board of Appeals, of Chapter 1 is added to read as
follows:
Section 111.5.5 Finality of the Decision of the Board of Appeals. The decision of the Board of
Appeals shall be the final decision for the District. The Board of Appeals shall have the power to
continue any hearing and may, at its discretion, take the appeal under submission. The Board of
Appeals shall render a decision not later than the seventh (7th) day following the date the matter was
taken under submission, and forthwith notify the interested parties as previously set forth.
Section 111.5.6, Appeal to Superior Court, of Chapter 1 is added to read as follows:
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Section 111.5.6 Appeal to Superior Court. Judicial review of the decision of the Board of Appeals
shall be governed by the Code of Civil Procedure Sections 1094.5 and 1094.6.
Section 111.5.7, Enforcement of Decision, of Chapter 1 is added to read as follows:
Section 111.5.7 Enforcement of Decision. Unless stayed by a court, any final decision of the Board
of Appeals is effective immediately and may be implemented and enforced by the District. The
remedies provided by this code are cumulative and in addition to any other remedies available at law
or in equity.
1. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this ordinance
shall constitute a violation.
2. Violations of this code are hereby declared to be public nuisances.
3. A violation of this code constitutes a misdemeanor/infraction punishable by a fine of $1,000 or by
imprisonment in the County jail for six months, or both.
4. In addition to other remedies provided by this ordinance or by other law, any violation of this
ordinance may be remedied by a civil action brought by the District, including, for example,
administrative or judicial nuisance abatement proceedings, other legally authorized enforcement
proceedings, and suits for injunctive relief.
Section 11.4, Violation Penalties, of Chapter 1 is amended to read as follows:
Section 11.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail to
comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation
of the approved construction documents or directive of the fire code official, or of a permit or
certificate used under provisions of this code, shall be guilty of a misdemeanor/infraction. The first
citation within a 12-month period, for violations of the Fire Code and any amendments adopted
herein shall be treated as a Civil Penalty payable directly to the Ukiah Valley Fire District and is
set at $250.00 plus the actual costs of all inspections required to gain compliance at the current rate
set from time to time by the Ukiah Valley Fire District, per hour with a 1 hour minimum. Said civil
penalties shall be a debt owed to the District by the person responsible for the violation within thirty
(30) days after the date of mailing the citation, unless an appeal is filed as provided in this section.
Upon failure to pay the civil penalty when due, the responsible person shall be liable for civil action
brought by the Ukiah Valley Fire District for such penalty and costs of the litigation, including reasonable
attorney’s fees.
Any subsequent citations within a twenty-four (24) month period for any violations of the Fire Code and
any amendments adopted herein shall be misdemeanors/infractions, and shall be subject to the
penalties set forth herein, or a civil penalty shall be assessed in the sum of $500.00 plus the actual
costs of all inspections required to gain compliance at the current rate set from time to time by the
Ukiah Valley Fire District. The imposition of a penalty for any violation shall not excuse the violation
or permit it to continue and all such persons shall be required to correct or remedy such violations or
defects within a reasonable time. When not otherwise specified, each day that a violation occurs or
continues, after a final notice has been delivered shall constitute a separate offense. The application
of both penalties shall be held to prevent the enforced correction of the prohibited condition. Nothing
contained in this Section shall be construed or interpreted to prevent the Ukiah Valley Fire District
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from recovering all costs associated with a Fire District response as described in the Ukiah
Valley Fire District’s current cost recovery ordinance, Ordinance 2004-1, or subsequent cost
recovery ordinances.
Any violation of any provision of this Chapter shall constitute a public nuisance and shall entitle the
Ukiah Valley Fire District to collect the costs of abatement and related administrative costs by a
nuisance abatement lien as more particularly set forth in Government Code Section 38773.1, and by
special assessment to be collected by the County Tax Collector as more particularly set forth in
Government Code Section 38773.5.
At least thirty (30) days prior to recordation of the lien, or submission of the report to the Tax Collector
for collection of this special assessment, the record owner shall receive notice from the Chief of the
Ukiah Valley Fire District of the intent to charge the property owner for all administrative costs
associated with enforcement of this Ordinance and abatement of the nuisance. The notice shall
include a summary of costs associated with enforcement of this Ordinance and abatement of the
nuisance. The property owner may appeal the Chief’s decision to the Board of Directors of the Ukiah
Valley Fire District within fifteen (15) days of the date of the notice and request a public hearing prior
to recordation of the lien or submission of the report to the County Tax Collector for collection of the
special assessment. In addition to the foregoing, the Ukiah Valley Fire District is authorized to
prosecute a civil action to collect such abatement costs from the property owner or other person in
possession or control of the affected property and shall be entitled to recover such abatement costs,
together with the cost of litigation, including reasonable attorney’s fees.
Any person receiving a citation for a civil penalty pursuant to Section 112.3, Violation Penalties, of
Chapter 1, may file an appeal per Section 111.5 through 111.7 of this code against the imposition of
the civil penalty or response costs and expense.
Section 112.4, Failure to Comply, of Chapter 1 is amended to read as follows:
Section 112.4 Failure to Comply. Any person who shall continue any work after having been served
with a stop work order, except such work as that person is directed to perform to remove a violation
or unsafe conditions, shall be liable to a fine payable directly to the Ukiah Valley Fire District in the
amount set at not less than $250.00 or more than $1000.00 plus the actual costs of all inspections
required to gain compliance at the rate set from time to time by the Ukiah Valley Fire District. This
civil penalty shall be a debt owed to the District by the person responsible for the violation within thirty
(30) days after the date of mailing of the citation unless an appeal is filed as provided for in Section
108.4.
Section 315.8 Lithium battery storage and handling, of Chapter 3, is hereby added to read as follows:
315.8 Lithium battery storage and handling. The storage and handling of lithium-ion and
lithium metal batteries or cells in quantities exceeding 1,000 pounds (4086 kg) shall comply with
Sections 315.8.1 through 315.8.10, and Chapter 32 where applicable.
315.8.1 Permits. Permits shall be required as set forth in Section 105.6.27.
315.8.2 Maximum quantity in a fire area. The aggregate amount of lithium batteries stored and
handled in a single fire area shall not exceed 9,000 pounds (4086 kg).
315.8.3 Construction requirements. Fire areas shall be separated from each other by fire barriers
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having not less than a 2-hour fire-resistance rating constructed in accordance with Section 707 of the
Building Code and horizontal assemblies constructed in accordance with Section 711 of the Building
Code.
315.8.4 Number of fire areas. The maximum number of fire areas within a building shall be four.
315.8.5 Group H, Division 2 occupancy. Storage and handling of more than 9,000 pounds of
lithium batteries per fire area shall be in an approved Group H, Division 2 occupancy constructed in
accordance with the Building Code and provided throughout with approved automatic smoke detection
and radiant-energy detection systems.
315.8.6 Automatic sprinkler system. Buildings containing fire areas used for lithium battery
storage or handling shall be equipped throughout with an approved automatic sprinkler system in
accordance with Section 903.3.1.1. The design of the sprinkler system within each fire area shall not
be less than that required for Extra Hazard Group 2 with a minimum design area of 2,500 square feet.
Where the storage arrangement is required by other provisions of this code to be provided with a
higher level of sprinkler system protection, the higher level of sprinkler system protection shall be
provided.
315.8.7 Automatic smoke detection system. An approved automatic smoke detection system
that activates an approved occupant notification system shall be provided throughout each fire area
in accordance with Section 907.
315.8.8 Radiant energy detection. An approved radiant-energy detection system that activates
an approved occupant notification system shall be installed throughout each fire area in accordance
with Section 907.
315.8.9 Collection containers. Containers used to collect or store lithium batteries shall be:
noncombustible and shall not have an individual capacity exceeding 30 gallons (113.6 L); or be
approved for transportation in accordance with the Department of Transportation (DOT).
315.8.10 Storage configuration. Lithium batteries shall be considered a high-hazard commodity in
accordance with Chapter 32 and where applicable, lithium battery storage shall comply with Chapter
32 in addition to Section 315.8.
Section 503.3.1, Fire Lane Designation, of Chapter 5 is hereby added to read as follows:
Section 503.3.1 Fire Lane Designation. Where the fire code official determines that it is necessary
to ensure adequate fire access, the fire code official may designate existing roadways as fire
access roadways as provided by Vehicle Code section 22500.1 (public) or 22658(a) (private).
Section 503.4.2, Roadway Design Features, of Chapter 5 is hereby added to read as follows:
Section 503.4.2 Roadway Design Features. Roadway design features (speed bumps, speed
humps, speed control dips, etc.) which may interfere with emergency apparatus responses shall
not be installed on fire access roadways, unless they meet design criteria approved by the fire code
official.
Section 505.1, Address Identification, of Chapter 5 is hereby amended to read as follows:
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Section 505.1 Address Identification. Approved numbers and/or addresses shall be placed and
maintained on all new and existing buildings and at appropriate additional locations as to be
plainly visible and legible from the street or roadway fronting the property from either direction of
approach. Said number shall contrast with their background and shall meet the minimum standards as
to size: 4" high with a 0.5" stroke for residential buildings, 6' high and a 0.5" stroke for commercial and
multi-residential buildings, 12" high with a 1" stroke for industrial buildings. Additional numbers shall
be required where deemed necessary by the fire code official, such as rear access doors, building
corners, and entrances to commercial centers. The fire code official may establish different minimum
sizes for numbers for various categories of projects.
Section 505.3, Easement Address Signs, of Chapter 5 is hereby added to read as follows:
Section 505.3 Easement Address Signs. All easements, which are not named differently from the
roadway from which they originate, shall have an address sign installed and maintained, listing
all street numbers occurring on that easement, located where the easement intersects the named
roadway. Minimum size of numbers on that sign shall be 4" in height with a minimum stroke of 0.5"
and shall contrast with the background.
Section 505.4, Map Directories, of Chapter 5 is hereby added to read as follows:
Section 505.4 Map Directories. A lighted directory map, meeting current Fire District standards,
shall be installed at each driveway entrance to multiple unit residential projects and mobile home
parks, where the numbers of units in such projects exceed 15.
Section 505.5, Response Map Updates, of Chapter 5 is hereby added to read as follows:
Section 505.5 Response Map Updates. Any new development, which necessitates updating of
emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall
be required to provide map updates in a format (PDF and/or CAD format as approved by the fire
code official) or compatible with current District mapping services, and shall be charged a reasonable
fee for updating all response maps associated with this development.
Section 506.3, Emergency Electrical Disconnects, of Chapter 5 is hereby added as follows:
Section 506.3 Emergency Electrical Disconnects. Where access to main electrical control panels
requires entry to, and passage through, portions of a structure which may be involved with fire, smoke,
gasses, hazardous materials, or which otherwise present unsafe conditions to emergency personnel,
the fire code official may require that a means of remotely disconnecting electrical service to the
structure be provided. This means of remotely disconnecting electrical service shall be by a secured
key switch mechanism approved by the official Fire District.
Section 041201.43.1.1, Alternate Power Sources, of Chapter 12 is hereby added to read as follows:
Section 041201.4.3.1.1 Alternate Power Sources. All permanent installations of electrical generators,
wind generators, or other power sources shall be approved by the building code official. All applicable
provisions of the California Electrical Code, the California Plumbing Code, the California Building
Code, California Residential Code, and this Code shall be followed for any such installation.
Permanent engraved and affixed signage, red in color, reading "WARNING – This premises is provided
with an Alternate Power source, Disconnection of commercial power may not disable the electric
power source." Lettering shall be a minimum of 0.5" tall and shall be permanently affixed on each
electrical panel subject to back-feed form alternate power sources. Any and all power disabling
switches shall be clearly labeled.
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Section 903.2, Where required, of Chapter 9 is hereby amended to read as herein provided. This
section shall not amend the portion commencing and following Section 903.2.1.
Section 903.2 Where required. Approved automatic sprinkler systems in new, additions to existing,
remodeled, added to or altered buildings and structures shall be provided in the locations described
in this section.
A. Approved automatic sprinkler systems shall be provided in the new buildings and structures
requiring a fire flow of 2000 gallons per minute (GPM) or greater as determined by Appendix
B of this code.
B. Approved automatic sprinkler systems shall be provided in addition to existing structures where
the new total building area would require a fire flow of 2,000 gallons per minute (GPM) or greater
as determined by Appendix B of this code.
C. Approved automatic sprinkler systems shall be provided in existing structures where
improvements occur during any three (3) year period which meet the definition of a “substantial
remodel” and requiring a fire flow of 2,000 gallons per minute (GPM) or greater as determined
by Appendix B of this code.
Exception: Projects which are solely complying with statutory regulations (examples may be Health
and Safety Codes, earthquake/seismic, American Disabilities Act (ADA), or façade improvements)
will not trigger this requirement.
D. Approved automatic sprinkler systems shall be provided in new structures exceeding 30 feet in
height above lowest grade level.
E. Approved automatic sprinkler systems shall be provided in those new, additions to existing,
remodeled, added to or altered buildings and structures which require a fire flow, as determined by
Appendix B of this code, in excess of the capability of the available water supply.
F. Approved automatic sprinkler systems shall be installed per 903.3.1.3 in new mobile homes,
and manufactured homes.
For purposes of this Section, “substantial remodel” shall mean the alteration of any structure
which combined with any additions to the structure, performed within any three (3) year period, affects
an area of work that exceeds fifty percent (50%) of the existing floor area of the structure. When any
changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists
and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar
components, the area of work for all rooms affected by such changes shall be included in computing
floor areas for purposes of applying this definition. This definition does not apply to the replacement
and upgrading of residential roof coverings or exterior wall finishes.
Definition: Area of work: (For the purpose of determining the square footage affected by a construction
permit.) An area, where work activity takes place for which a permit is required plus 5 feet in all
directions and does not include adjacent spaces where no work requiring a permit is being done.
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Example: 10-foot walls are moved that will take two spaces and turn them into one. The only area of
work would be the wall plus five feet on either side. Total square footage 100 square foot assuming
there is no other work being done that would require a permit in the same space.
Section 3313.1, Where required, of Chapter 33 is hereby amended to read as follows:
Section 3313.1 Where required. In buildings required to have standpipes by Section 905.3.1,
not less than one standpipe shall be provided for use during construction. Such standpipes shall
be installed during construction for each story above or below the first-floor grade. Such standpipes
shall be provided with Fire District hose connections at locations adjacent to stairways complying
with Section 3311.1. Such standpipes shall be extended to the floor of the highest point of
construction having secured decking or flooring.
Table B105.2, Buildings other than one- and two-family dwellings, of Appendix B is hereby amended
as follows:
AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)
MINIMUM FIRE FLOW
(gallons per minute)
FLOW DURATION
(hours)
No automatic sprinkler
system
Value in Table B105.1(2) Duration in Table B105.1(2)
Section 903.3.1.1 of the
California Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at
the reduced flow rate
Section 903.3.1.2 of the
California Fire Code
50% of the value in Table
B105.1(2)b
Duration in Table B105.1(2) at
the reduced flow rate
Section BB105.1, Fire-Flow requirements for buildings, of Appendix BB is hereby amended as follows:
Section BB105.1 The minimum fire flow and flow duration for school buildings shall be specified
in Table BB105.1.
Exception: A reduction in required fire flow of up to 50 percent is allowed when the building is provided
with an approved sprinkler system.
§5201 DEFINITIONS
In the California Fire Code, herein adopted, the terms used therein shall comply with the common
construction given to and usage of them in the City and as hereinafter defined.
§5202 ENFORCEMENT
A. The California Fire Code (CFC) herein adopted shall be enforced by the Chief of the Ukiah Valley
Fire District who is hereby appointed to supervise the Bureau of Fire Prevention and such
regularly employed members of said District in accordance with the applicable provisions of the
California Fire Code.
B. Section 104.3 of the California Fire Code is amended by adding subsection 104.3.2 thereto as
follows:
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For the purpose of providing and maintaining functions necessary for the prevention of fire and
for the protection of life and property from fire and panic, there is hereby established a "self-
inspection program" assuring that certain California building code (CBC) group B, F, H, L, M, and
S occupancies within the city are inspected on an annual basis for fire safety.
The Ukiah Fire District shall deliver, by hand or by mail, "self-inspection worksheet" and "business
and emergency record" forms as established from time to time by said District to certain CBC group
B, F, H, L, M, & S occupancies within the city on an annual basis, or as may be initiated through
the business license application process.
The owner or manager of said occupancy or person in highest authority in said occupancy shall
be allowed thirty (30) days from issue date, as noted on the self-inspection worksheet, in which
to conduct an inspection for fire safety, correct any deficiencies, complete said forms, and
return completed forms to the Ukiah Valley Fire District as directed by the fire chief or his designee.
Any person who fails to comply with the requirements to return said forms duly completed and
to correct the deficiencies noted in said occupancies within thirty (30) days of the issuance
of said forms shall be guilty of an infraction, punishable by a fine of $100 for a first offense, $500
for a second offense and $1,000 for a third or subsequent offense.
SECTION TWO.
Article 3 of Chapter 3 in Division 6 of the Ukiah City Code is hereby amended to read as follows:
* * *
§5216 SECTION 903.2
Section 903.2 (not including sections 903.2.1 and all subsections thereof) of the California fire code,
2010 edition, is amended to read as follows:
Section 903.2 – Where Required. Approved automatic sprinkler systems in new, additions to existing,
remodeled, added to or altered buildings and structures shall be provided in the locations described
in this section.
A. Approved automatic sprinkler systems shall be provided in new buildings and structures requiring
a fire flow of 2,000gallons per minute (gpm) or greater as determined by appendix B of this
code.
B. Approved automatic sprinkler systems shall be provided in additions to existing structures where
the new total building area would require a fire flow of 2,000 gallons per minute (gpm) or greater
as determined by appendix B of this code.
C. Approved automatic sprinkler systems shall be provided in existing structures where
improvements occur during any three (3) year period wch meet the definition of a “substantial
remodel” and requiring a fire flow of 2,000 2 gallons per minute (gpm) or greater as determined
by appendix B of this code.
Exception: Projects which are solely complying with statutory regulations (examples may be health
and safety codes, earthquake/seismic, American disabilities act (ADA), or facade
improvements) will not trigger this requirement.
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Page 11 of 12
D. Approved automatic sprinkler systems shall be provided in new structures exceeding 30 feet in
height above the lowest grade level.
E.Approved automatic sprinkler systems shall be provided in those new, additions to existing,
remodeled, added to or altered buildings and structures which require a fire flow, as determined by
appendix B of this code, in excess of the capability of the available water supply.
F.Approved automatic sprinkler systems shall be installed per 903.3.1.3 in new mobile homes,
and manufactured homes.
G. For purposes of this Section, “substantial remodel” shall mean the alteration of any structure
which combined with any additions to the structure, performed within any three (3) year period,
affects an area of work that exceeds fifty percent (50%) of the existing floor area of the structure.
When any changes are made in the building, such as walls, columns, beams or girders, floor or
ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls
or similar components, the area of work of all rooms affected by such changes shall be included
in computing floor areas for purposes of applying this definition. This definition does not apply to
the replacement and upgrading of residential roof coverings or exterior wall finishes.
* * *
§5218 SECTION 506.3
Section 506.3 of the California fire code, 2010 edition, is added as follows:
Section 506.3 – Emergency Electrical Disconnects.
Where access to main electrical control panels requires entry to, and passage through, portions
of a structure which may be involved with fire, smoke, gasses, hazardous materials, or which otherwise
present unsafe conditions to emergency personnel, the chief may require that a means of remotely
disconnecting electrical service to the structure be provided. This means of remotely disconnecting
electrical service shall be by a secured key switch mechanism approved by the Fire District.
* * *
§5223 GEOGRAPHIC LIMITS
The geographic limits referred to in certain section of the California Fire Code are hereby established
as follows: 2022 edition of the
Section 5704.2.9.6.1 The geographic limits referred to in Section 5704.2.9.6.1 of the 2022 edition of the
California Fire Code in which storage of Class I, Class II, and liquids in outside above ground tanks is
prohibited are amended as follows: In all residential areas and in all heavily populated or congested
commercial areas as established by the County of Mendocino, and agricultural land of less than two
(2) acres.
Section 5706.2.4.4 The geographic limits referred to in Section 5706.2.4.4 of the 2022 edition of
the California Fire Code in which storage of Class I, Class II, and liquids in aboveground tanks
is prohibited are amended as follows: In all residential areas and in all heavily populated or
congested commercial areas as established by the County of Mendocino, and agricultural land of
less than two (2) acres.
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Page 12 of 12
Section 5806.2 The geographic limits referred to in the 2022 edition of the California Fire Code in
which the storage of flammable cryogenic fluids in stationary containers are prohibited, are hereby
established as follows: In all residential areas and heavily populated or congested commercial areas,
as established by the County of Mendocino.
Section 6104.2 The geographic limits referred to in Section 6104.2 of the 2022 edition of the
California Fire Code in which storage of liquefied petroleum gas, the aggregate capacity of any
one installation shall not exceed a water capacity of 2,000 gallons (7,570 liters), is restricted, are
amended as follows: In all residential areas and in all heavily populated or congested commercial
areas as established by the City of Ukiah.
SECTION TWO.
1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a
newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the
Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption
and again within fifteen (15) days after its adoption.
2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.
Introduced by title only on February 21, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on , 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Josefina Dueñas, Mayor
ATTEST:
Kristine Lawler, City Clerk
Page 534 of 589
Page 1 of 2
Agenda Item No: 13.c.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-80
AGENDA SUMMARY REPORT
SUBJECT: Annual Report on Climate Initiatives.
DEPARTMENT: City Manager /
Admin PREPARED BY: Maria Ceja, Administrative Analyst
PRESENTER: Maria C. Ceja, Administrative Analyst
ATTACHMENTS:
1. CC Reso 2022-44 - Endorsing Climate Emergency Action
2. Climate Emergency Action_2023 action items
3. 13c Presentation given at Meeting
Summary: Council to receive a report on the 2023 Climate Initiatives.
Background: On June 15, 2022, the Ukiah City Council adopted a resolution endorsing the Declaration of a
Climate Emergency and a Call to Action to Restore a Safe Climate. Following the City Council's endorsement and
call to action, City Staff has worked to implement the initiatives and, further, to embed the accountability for this
responsibility within our governing documents, including Agenda Summary Reports and the Annual Budget.
Discussion: On June 15, 2022, the Ukiah City Council adopted a resolution endorsing the Declaration of a
Climate Emergency and a Call to Action to Restore a Safe Climate (Attachment 1). This resolution marked a
significant milestone in the City's commitment to addressing the pressing issue of climate change. The
restoration of a safe climate is intricately woven into the City of Ukiah's 2040 General Plan, aligning the City's
long-term vision with urgent environmental responsibilities. Additionally, City Staff has worked to implement all of
the initiatives and, further, to embed the accountability for this responsibility within our governing documents,
including Agenda Summary Reports and the Annual Budget.
Some key achievements and initiatives include:
• Climate Resilience Webpage: The City of Ukiah launched a dedicated Climate Resilience webpage
(https://cityofukiah.com/climate-resilience/) to provide residents with resources, updates, and
information about our ongoing efforts. This platform serves as a hub for engaging the community and
keeping them informed.
• Continued to incorporate Complete Streets principles into all streets projects, effectively adding nearly
three miles of new bike lanes in the process.
• Secured grant funding (nearly $54 million) to complete the Recycled Water Project.
• Implemented AI-based fire detection cameras to help protect the valley from damage and dangerous
emissions related to fire.
Attachment 2 provides a summary of the action(s) taken on each of the initiatives adopted within the
resolution.
For next steps, the City of Ukiah continues to move forward to develop a clear and actionable Climate Action
Plan to address climate resiliency. This plan will include:
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Page 2 of 2
• Emission Reduction Targets: Establishing ambitious but achievable greenhouse gas emission
reduction targets for the City, aligned with state and national goals.
• Resilience Strategies: Developing strategies to enhance the community's resilience to the impacts of
climate change, including extreme weather events, and wildfire risks.
• Policy and Regulation: Implementing new policies and regulations to promote sustainable practices,
energy efficiency, and renewable energy adoption.
• Collaboration: Strengthening partnerships with regional, state, and federal agencies, as well as seeking
funding opportunities to support the City's climate initiatives.
The City of Ukiah remains steadfast in its commitment to addressing the climate emergency declared in 2022
and is actively working towards a sustainable and resilient future, as outlined in the 2040 General Plan.
Recommended Action: Receive the report on Climate Initiatives.
BUDGET AMENDMENT REQUIRED:
CURRENT BUDGET AMOUNT:
PROPOSED BUDGET AMOUNT:
FINANCING SOURCE:
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH:
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI): 1a – Implement a 100% Green Rate option to all City electric customers. 1b –
Increase renewable power production and storage. 1c – Install energy-efficient outdoor lighting. 1d –
Continue plan to meet statewide goals for purchased power by 2030. 1e – Decarbonize existing building
stock. 1f – Continue to explore rebate programs. 1g – Perform energy and waste audits. 2a –
Transformation of the fleet. 2b – Encourage active transportation as a viable alternative to automobiles. 2c –
Encourage clean vehicles when active transportation is not feasible. 2d – Continue to expand the Great
Redwood Trail – Ukiah. 2e – Educate the public about the dangers of idling vehicles. 3a – Continue to lead
the way in solid waste diversion including the diversion of compostable food. 4a – Implement nature-based
climate solutions. 4b – Maintain wild lands. 4c – Continue to develop the City of Ukiah’s Tree Management
Guidelines. 4d – Enhance carbon sequestration capacity. 5a – Update zoning ordinance. 6b – Continue to
actively promote climate matters on City web site/social media. 6c – Ensure that climate responsibility is
integrated throughout the City’s departments and operations. 7a – Expand sustainable water practices. 8a –
Information Technology. 9a – Eliminate pesticide use. 10a – Protect from dangerous emission by preventing
fires.
GENERAL PLAN ELEMENTS (GP):GP-A5 - Environment and Sustainability Element
Page 536 of 589
RESOLUTION 2022-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ENDORSING THE
DECLARATION OF A CLIMATE EMERGENCY AND A CALL TO ACTION TO RESTORE A
SAFE CLIMATE
WHEREAS, human activities have warmed the Earth, destabilizing the climate and setting in
motion catastrophic changes to the Earth's systems, including fresh water scarcity and droughts,
floods, extreme weather events and increased heat, wildfires, species extinction and accelerating
ice mass decline resulting in sea-level rise; and
WHEREAS, on February 27, 2022 the Intergovernmental Panel on Climate Change (IPCC)
Working Group II reported, "The scientific evidence is unequivocal: climate change is a threat to
human well-being and the health of the planet. Any further delay in concerted global action will
miss the brief, rapidly closing window to secure a livable future"; and
WHEREAS, the U.S. moving toward rapid decarbonization will avoid economic losses and take
advantage of entirely new economic opportunities that are likely to emerge; governments at all
levels need to focus on setting regulation and policy; rapidly deploying and scaling advanced
technologies; and accelerating critical infrastructure programs; and
WHEREAS, California's Fourth Climate Change Assessment warned that extreme weather and
climate-related events in the United States are worsening, predicting increased drought cycles
and heat waves in the western U.S. with a resulting three-fold increase in intensity and magnitude
of wildfires, declined water supply and snow pack, increased flooding, impacted agriculture, as
well as substantial damages to the U.S. economy and human health, unless greenhouse gas
GHG) emissions are curbed; and
WHEREAS, current global warming is contributing to the increased frequency and intensity of
wildfires, floods, droughts, heat waves, and other extreme weather, including the Northern
California wildfires of 2017 and 2018 that destroyed at least 38,333 structures, killed 118,
displaced thousands, and caused serious reductions in air quality; in 2020, in California, four
million acres were burned, 112 million tons of GHG's released, 11 million gallons of fire retardant
used and 31 lives lost; and
WHEREAS, in 2021, drifting smoke from wildfires in California caused haze on the other side of
the United States; the Pacific Northwest was gripped by a heat wave that caused thousands of
emergency department visits for heat-related illness and likely killed hundreds; extreme heat has
killed an estimated 3,900 people in California over the last decade; and
WHEREAS, the California State Legislature has set clear climate objectives for the next decade,
including a 40% reduction in 1990 level GHG emissions by 2030; 50% renewable energy; and
reduce petroleum use by 45% by 2030; and
WHEREAS, the economic impacts of climate change if left unabated will have catastrophic
implications on the global economy with direct impacts at the federal, state, local and household
level including storm damage, real estate losses, energy costs, water costs, and food availability;
and
1
Attachment 1
Page 537 of 589
WHEREAS, the current pace and scale of worldwide and national climate action is not sufficient
to avert substantial damage to the economy, environment, and human health over the coming
decades; and
WHEREAS, on July 21, 2020, the Mendocino County Board of Supervisors unanimously adopted
a Climate Emergency Resolution proposed by their appointed Climate Action Advisory
Committee; and
WHEREAS, the City of Ukiah and its surrounding areas have been profoundly affected by several
natural disasters due to climate change including severe drought, flooding, devastating wildfires
and accompanying days-long power outages and related Public Safety Power Shutoff events; and
WHEREAS, marginalized communities including people of color, immigrants, indigenous
communities, low-income people, those with disabilities, and the unhoused—are
disproportionately affected by climate change impacts and must be supported in the transition to
a sustainable environment and economy; and
WHEREAS, in order to avoid irreversible, catastrophic climate change impacts, we must
significantly decrease our carbon emissions, incorporating new technologies, setting new policies
and accelerating critical infrastructure, thus preparing for significant ecological and economic
impacts due to climate change; and
WHEREAS, during emergencies such as the COVID-19 pandemic and wildfires,the City of Ukiah,
along with the County of Mendocino and the State of California demonstrated a remarkable
capacity to protect human health in the face of crises, based on early, preventative action in
response to evidence and warnings issued by scientists, that same focus must be an ongoing
focus to eliminate any activities that threaten our climate stability and the overall health of our City
residents; and
WHEREAS, the City of Ukiah must actively work for a clean environment, to improve
environmental standards and promote sustainable energy policies; and
WHEREAS, the City of Ukiah is committed to doing everything in its power to encourage an
ecologically, socially and financially sustainable economy.
NOW, THEREFORE BE IT RESOLVED, the City of Ukiah declares that a climate emergency
threatens humanity and the natural and built environments; and
BE IT FURTHER RESOLVED, that the City Council of the City of Ukiah joins a global call for
supporting ecologically sustainable livelihoods creating a fair and more equal society that moves
away from fossil fuels and supports an urgent collaborative climate mobilization effort, focused
on enacting policies that dramatically reduce heat-trapping emissions both inside and outside the
City's borders across all sectors to accelerate the necessary systems change required to restore
a safe climate; and
BE IT FURTHER RESOLVED, that an urgent global climate mobilization effort to address global
warming is needed to address global warming is needed to achieve carbon neutrality as soon as
possible, and no later than 2045, and that full community participation, inclusion and support is
integral to our efforts to safely draw down carbon from the atmosphere and accelerate adaptation
and resilience strategies in preparation for intensifying climate impacts; and
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BE IT FURTHER RESOLVED, that the City Council of the City of Ukiah commits to ongoing
education and active engagement of all City staff, members of committees and commissions,
I contractors, consultants, residents and independent community groups in alignment with the
goals of mitigation, drawdown; and
BE IT FURTHER RESOLVED, that the City Council of the City of Ukiah commits to address the
climate implications of all policies and actions that come before the Council that have the potential
to impact greenhouse gas emissions, carbon sequestration, and disaster preparedness within
the City; and
BE IT FURTHER RESOLVED,that the City Council of the City of Ukiah will identify and consider
an initial list of actions toward restoring a safe climate and meeting State goals by 2030 as detailed
in Exhibit A attached hereto, and the City Council will continue to implement, evolve and update
the list based on changing conditions, regulations, constraints, and policy direction;
BE IT FURTHER RESOLVED that these actions be reflected throughout the new General Plan
currently being developed.
PASSED AND ADOPTED this 151 day of June, 2022, by the following roll call vote:
AYES: Councilmembers Orozco, Rodin, Duenas, and Mayor Brown
NOES: None
ABSENT: Councilmember Crane
ABSTAIN: None
1
Brown, Mayor
ATTEST:Al
Whn"& 4VL-/
r
Kristine Lawler, City Clerk
3
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EXHIBIT A
CITY OF UKIAH ACTIONS TOWARD RESTORING A SAFE CLIMATE
1. Enemy Efficiency
a. Implement a 100% Green Rate option to all City electric customers.
b. Increase Renewable Power Production and Storage: Install renewable energy with
storage capacity on City-owned land within City limits, where feasible.
c. Install Energy Efficient Outdoor Lighting: Replace all streetlights and lighting in
public facilities (parking lots, field lots, etc.) with LEDs. Continue to install "dark sky
compliant"streetlights to reduce light pollution and eliminate light trespass into residents'
homes.
d. Continue Plan to Meet Statewide Goals for Purchased Power by 2030: Prepare for
an increase in overall renewable power to meet 2030 50% emission reduction plans
pursuant to federal and state guidelines.
e . Decarbonize Existing Building Stock: Explore opportunities to provide incentives for
electrification and increased energy efficiency of existing residential and commercial
buildings—both appliance-by-appliance and as whole building retrofits.
f. Continue to Explore Rebate Programs: Explore additional options for rebate
programs for fuel shifting and energy efficiency improvements to benefit commercial
and residential properties, ensuring access to affordable power for all, including tenants.
g. Perform Energy and Waste Audits: Contract with a reputable private company to
conduct energy and waste audits on City buildings.
2. Transportation
a. Transformation of the Fleet: Continue replacement of City fleet vehicles, light-and-
heavy-duty trucks, and other mobile equipment, where feasible, with models that run
fully on electricity or green hydrogen.
b. Encourage Active Transportation as a viable alternative to automobiles:
Encourage more walking and biking by ensuring safe and attractive paths.
c. Encourage Clean Vehicles when Active Transportation is not Feasible: Continue
to support the expansion of the number of Level 2 and 3 vehicle-charging stations in
the City through direct installation of public charging stations and through publiclprivate
partnerships. Continue efforts to offer electric utility rebates for installation of residential
and workplace EV chargers.
d. Continue to Expand the Great Redwood Trail--Ukiah: Continue to extend the Trail
to the north and the south, while also adding amenities like water, shade, and
connectivity throughout. This trail provides direct access to major employment centers,
4
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services, shopping, residential areas, the future Mendocino County Courthouse, and
connectivity to other bicycle routes throughout the city.
e . Educate the Public About the Dangers of Idling Vehicles: Utilize public service
announcements and social media to discourage drivers from letting their engines run
when their vehicles are not moving, which is hazardous to children's developing lungs,
wastes gasoline and causes unnecessary GHG emissions.
3. Solid Waste
a. Continue to lead the way in solid waste diversion including the diversion of
compostable food: Take measures to ensure that the City's waste removal contractor
informs and monitors customers' adherence to California's new compost law that went
into effect January 1, 2022. Senate Bill (SB) 1383 was passed in September 2016 as
part of a statewide effort to reduce emissions of short-lived climate pollutants. SB 1383
set the targets of reducing organic waste disposal 50% by 2020 and 75% by 2025.
4. Urban Greenhouse Gas Drawdown
a. Implement Nature Based Climate Solutions: Manage parks, community gardens,
greenways, riparian and aquatic zones with best practices for carbon sequestration.
b. Maintain wild lands: The State of California Executive Order N-82-20 identifies land
management actions that protect climate-vulnerable communities and achieve carbon
neutrality; promote biodiversity protection, habitat restoration and wildfire-resilience;
sustainably manage landscapes; and steward natural and working lands, building
climate resilience and economic sustainability.
c. Continue to Develop the City of Ukiah's Tree Management Guidelines: To reduce
the City's heat island effect,continue developing the City's Tree Management Guidelines
to cool streets with trees, prioritizing shade equity in neighborhoods. Explore
opportunities to better protect existing trees inside the City limits and support efforts to
strengthen oak protection efforts.
d. Enhance Carbon Sequestration Capacity: Support regional efforts to encourage
climate beneficial agriculture and land management, incorporating compost and other
methods that increase urban soil carbon and nutrient cycling.
3. Land Use
a. Update Zoning Ordinance: Educate the public and promote "gentle density" as a
sustainable, climate friendly way to preserve small town quality of life. Utilize policies
and programs within the City's 2040 General Plan to implement environmental and
sustainability goals.
b. Protect Against Sprawl Through Completion of Annexations: Implement the City's
Annexation Policy in Resolution No. 2020-06 to avoid the consequences of continued
urban sprawl and protect open space and prime agriculture lands in the Ukiah Valley,
encouraging urban, compact design that relies less on the automobile and reduces
overall GHG emissions.
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c. Complete Update of 2040 General Plan: Complete and adopt the 2040 General Plan,
including a new Complete Streets policy and Climate Vulnerability Analysis. Set goals
for implementation of programs and annually report to the City Council on status of
completion of General Plan programs.
6. Community Ensaacaement
a. Develop a Web Page with Informational and Educational Resources: Create a
dedicated page of the City's website identifying all the resources now available to City
of Ukiah residents such as home energy audits, energy efficiency tool lending library,
financing for energy efficiency, rebates and incentives. Also, include information on
residential and commercial best practices (including all-electric), home performance
best practices, green building best practices and more.
b . Continue to Actively Promote Climate Matters on City Web Site/Social Media:
Actively promote the City's goals, efforts and initiatives related to climate on the City's
website and social media.
c. Ensure that climate responsibility is integrated throughoutthe City's departments
and operations.
7. Water Policy
a. Expand Sustainable Water Practices: Continue to explore expansion of the
Recycled Water Project, water conservation, and other practices that help ensure a
healthy, sustainable, water supply.
8. Information Technolosav
a. Transition to Cloud Computing: Continue to move our digital systems onto the cloud,
reducing our reliance on energy intensive servers, which require batteries, battery
back-up systems, and climate controls, as well as reducing paper usage.
9. Parks and Recreation
a. Eliminate Pesticide Use: The City will continue to keep its parks 100% free of
pesticides and use only approved organic materials for pest control, and reuse all mulch
generated from those parks.
10. Fire Prevention
a. Protect from Dangerous Emission by Preventing Fires: The City shall engage in
multi jurisdiction activities to reduce the risk of future fires throughout the County,
including the acquisition of open space, putting in firebreaks, and clearing fuel.
Additionally, the City shall use non-toxic alternatives to fire-fighting foam that are free
from the PFAS and PFOS chemicals.
6
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1
ATTACHMENT 1
CITY OF UKIAH ACTIONS TOWARD RESTORING A SAFE CLIMATE
1. Energy Efficiency
a. Implement a 100% Green Rate option to all City electric customers.
ACTION TAKEN:
• The 100% Green Rate was adopted by Council on 2/22/22 and is
incorporated into the electric rates as Ukiah Green Energy Program.
b. Increase Renewable Power Production and Storage: Install renewable
energy with storage capacity on City-owned land within City limits, where
feasible.
ACTION TAKEN:
• Solar panels are projected for the new electric facility on Hastings.
• The Electric Department is continually evaluating sites for renewable
production and storage.
c. Install Energy Efficient Outdoor Lighting: Replace all streetlights and
lighting in public facilities (parking lots, field lots, etc.) with LEDs. Continue to
install "dark sky compliant" streetlights to reduce light pollution and eliminate
light trespass into residents' homes.
ACTION TAKEN:
• Seventy (70) LED streetlights were added in the past two years, and
more are being added to the Streetscape Phase 2.
d. Continue Plan to Meet Statewide Goals for Purchased Power by 2030:
Prepare for an increase in overall renewable power to meet 2030 50%
emission reduction plans pursuant to federal and state guidelines.
ACTION TAKEN:
• The City of Ukiah continues to exceed the state goals for carbon free
energy.
e. Decarbonize Existing Building Stock: Explore opportunities to provide
incentives for electrification and increased energy efficiency of existing
residential and commercial buildings-both appliance-by-appliance and as
whole building retrofits.
ACTION TAKEN:
• The Electric Utility Department has provided (and continues to provide)
rebate programs for over 20 years.
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2
• Since July 2011, there have been 1,672 rebate applications
processed. That’s roughly 130 applications/year.
• Additional rebates were added after Council approved in June 2023:
• HVAC – Minimum efficiency requirements for SEER, EER & HSPF
were increased as well as included new SEER2, EER2 & HSPF2
federal ratings’ standards
• Increased rebate amount/ton on ductless/mini-split heat pumps
• Increased rebate amount/sq ft on window replacement
• Added Electric ENERGY STAR certified Clothes Dryers
• Added Induction Range & Cooktop to Residential Rebates.
• Updated Commercial Kitchen Equipment minimum requirements for
electric equipment from CA Energy Wise qualifying products list.
• Added induction range & portable induction cooktops to Commercial
Rebates
• Added Electric Yard Equipment Rebate
• Added Electric Bike Rebate
• The full list of residential and commercial rebates can be
found at https://cityofukiah.com/electric-utility/
f. Continue to Explore Rebate Programs: Explore additional options for
rebate programs for fuel shifting and energy efficiency improvements to
benefit commercial and residential properties, ensuring access to
affordable power for all, including tenants.
ACTION TAKEN:
• Electric Utility continually evaluates existing programs to utilize funding
for rebates & programs to ensure customers have opportunities to
reduce their energy usage by utilizing funding through rebates and
programs.
g. Perform Energy and Waste Audits: Contract with a reputable private
company to conduct energy and waste audits on City buildings.
2. Transportation
a. Transformation of the Fleet: Continue replacement of City fleet
vehicles, light-and- heavy-duty trucks, and other mobile equipment,
where feasible, with models that run fully on electricity or green
hydrogen.
ACTION TAKEN:
• Three (3) hybrid vehicles and an all-electric Ford F-150 have been
purchased.
• The general purchasing policy is that our bid specs for vehicles
include priority for pricing electric/hybrid options as they are available.
• Procured an energy efficient-unmanned aerial system, which can
search a large area with minimal energy use.
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3
b. Encourage Active Transportation as a viable alternative to
automobiles:
Encourage more walking and biking by ensuring safe and attractive paths.
ACTION TAKEN:
• All major street projects are planned through the Complete Streets
lens, with input from the Complete Streets Ad Hoc Committee and in
conformance with the 2040 General Plan.
• New bike lanes (July 2022-December 2023): total = 2.63 miles
• State Street from Beacon to Cherry = 13,914 LF (2.63 miles)
• Altered bike lanes with added buffer (July 2022-December 2023):
total = 2.22 miles
• Dora Street from Beacon to Washington = 3,418 LF (0.65 miles)
• Dora Street from Luce to Mill = 3,897 LF
(0.74 miles)
• Dora Street from Mill to Grove = 4,400 LF
(0.83 miles)
• Adopted SB 743 methodology to encourage smart growth, lessen the
number of vehicle miles travelled, and reduce Greenhouse Gas
emissions citywide
c. Encourage Clean Vehicles when Active Transportation is not Feasible:
Continue to support the expansion of the number of Level 2 and 3 vehicle-
charging stations in the City through direct installation of public charging
stations and through public/private partnerships. Continue efforts to offer
electric utility rebates for installation of residential and workplace EV chargers.
ACTION TAKEN:
• Major expansion of City-owned EV charging network in planning
phase as of August 2023.
d. Continue to Expand the Great Redwood Trail -Ukiah: Continue to extend the Trail
to the north and the south, while also adding amenities like water, shade, and
connectivity throughout. This trail provides direct access to major employment centers,
services, shopping, residential areas, the future Mendocino County Courthouse, and
connectivity to other bicycle routes throughout the city.
ACTION TAKEN:
• Over seventy trees and close to 100 native plants planted along the trail since
June 2022.
• Phase 4 on hold pending legal decision regarding railbanking.
e. Educate the Public About the Dangers of Idling Vehicles: Utilize public
service announcements and social media to discourage drivers from letting
their engines run when their vehicles are not moving, which is hazardous to
children's developing lungs, wastes gasoline and causes unnecessary GHG
emissions.
ACTION TAKEN:
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4
• No-idling signs were posted at all public City facilities in September 2023.
• A no-idling social media campaign has been started and will continue in 2024.
3. Solid Waste
a. Continue to lead the way in solid waste diversion including the diversion
of compostable food: Take measures to ensure that the City's waste removal
contractor informs and monitors customers' adherence to California's new
compost law that went into effect January 1, 2022. Senate Bill (SB) 1383 was
passed in September 2016 as part of a statewide effort to reduce emissions
of short-lived climate pollutants. SB 1383 set the targets of reducing organic
waste disposal 50% by 2020 and 75% by 2025.
ACTION TAKEN:
• Trash tote sizing guide placed in Civic Center lobby and added as an
attachment to the utility service application.
• The trash tote sizing guide was developed and send out with utility bills in
December 2023.
• Greenwaste totes were placed (by C&S) at all City facilities
• Countertop compost bins were placed in breakrooms of City facilities
• Compost informational board placed in the employee breakroom December
2023
• Public Works Department Analyst is tracking SB 1383 including audits.
4. Urban Greenhouse Gas Drawdown
a. Implement Nature Based Climate Solutions: Manage parks, community
gardens, greenways, riparian and aquatic zones with best practices for carbon
sequestration.
ACTION TAKEN:
• Council approved the acquisition of additional 25 acres of land in the
Western Hills in accordance with the City Council’s Strategic Plan
• Community Services developed a draft management plan adopted by
City Council in January of 2024 for the Western Hills property and
identifies watershed protection as the primary goal of management.
• Parks Division developed a landscape update plan for Observatory
Park, which includes the removal of old landscape plants, to be
replaced with Native Plants. The plan is part of a larger effort: rely on
native, habitat friendly landscaping plants.
• Parks is gradually transitioning away from gas-powered landscaping
equipment. Social media post about battery-powered landscaping
equipment published in March 2023.
b. Maintain wild lands: The State of California Executive Order N-82-20
identifies land management actions that protect climate-vulnerable
communities and achieve carbon neutrality; promote biodiversity protection,
habitat restoration and wildfire-resilience; sustainably manage landscapes; and
steward natural and working lands, building climate resilience and economic
sustainability.
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ACTION TAKEN:
• Council approved the acquisition of additional 25 acres of land in the
Western Hills
• Community Services developed a draft management plan adopted by
City Council in January of 2024 for the Western Hills property and
identifies watershed protection as the primary goal of management.
The plan outlines goals and strategies for climate friendly management.
• Energy Efficiency-unmanned aerial system can assist in maintaining
wild lands by searching a large area with minimal energy use.
c. Continue to Develop the City of Ukiah's Tree Management Guidelines: To
reduce the City's heat island effect, continue developing the City's Tree
Management Guidelines to cool streets with trees, prioritizing shade equity in
neighborhoods. Explore opportunities to better protect existing trees inside the
City limits and support efforts to strengthen oak protection efforts.
ACTION TAKEN:
• Additional training in tree care is provided to staff consistent with new
guidelines.
• Council adopted the resolution updating the Tree Management
Guidelines April 2023.
d. Enhance Carbon Sequestration Capacity: Support regional efforts to
encourage climate beneficial agriculture and land management, incorporating
compost and other methods that increase urban soil carbon and nutrient
cycling.
ACTION TAKEN:
• Forty (40) oak trees have been planted at Riverside Park
• Forty-two (42) trees planted along the Great Redwood Trail and Orr Creek Trail
since January 1, 2024.
• Over 500 native grasses planted along the Orr Creek Trail. The extensive root
systems of native grasses have been shown to have significant capacity for
carbon sequestration.
• Council approved the acquisition of additional 25 acres of land in the
Western Hills
• Free compost distributed (131 tons total)
• Compost tracking through 3A
5. Land Use
a. Update Zoning Ordinance: Educate the public and promote "gentle density"
as a sustainable, climate friendly way to preserve small town quality of life.
Utilize policies and programs within the City's 2040 General Plan to implement
environmental and sustainability goals.
ACTION TAKEN:
• Completed two zoning code ordinance amendments to prioritize
production of new housing units over parking spaces, creating a
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6
flexible parking policy, and de-prioritizing the development of new
parking spaces.
• Completed a zoning code ordinance amendment to allow multi-family
housing production “by-right” if meeting the City’s newly created (and
adopted) Objective Design and Development Standards. The
Standards require buildings be solar-ready.
• Completed a zoning code ordinance amendment to establish a
Housing Overlay Zone on two parcels on Gobbi Street.
• Utilized the three above ordinance amendments and the City’s Ukiah
Housing Trust Fund to facilitate the construction of a 71-unit mixed
use project on Gobbi Street.
• Staff is currently developing a zoning code Ordinance Amendment to
the City’s residential zoning districts (R1, R2 & R3) to encourage new
housing development by updating setbacks, parking minimums and
other development standards. Staff plans to further recommend the
streamlining of ADU regulations, as well as updating definitions and
allowances for residential structures like townhomes, duplexes, and
cottage housing clusters.
• Promoted the City’s Pre-Designed and Pre-Approved Accessory
Dwelling Units (ADUs), resulting in three (3) new units being
constructed across the City. Since 2020, the City has issued
approximately thirty (30) permits for ADUs, the majority of which were
conversions of existing residential or outbuildings (e.g. garages,
storage structures, etc.).
b. Protect Against Sprawl Through Completion of Annexations: Implement
the City's Annexation Policy in Resolution No. 2020-06 to avoid the
consequences of continued urban sprawl and protect open space and prime
agriculture lands in the Ukiah Valley, encouraging urban, compact design that
relies less on the automobile and reduces overall GHG emissions.
ACTION TAKEN:
• Annexation of City owned properties was completed 9/11/23 and the
new annexation application for Western Hills will be completed in
approximately 6 months.
c. Complete Update of 2040 General Plan: Complete and adopt the 2040
General Plan, including a new Complete Streets policy and Climate
Vulnerability Analysis. Set goals for implementation of programs and annually
report to the City Council on status of completion of General Plan programs.
ACTION TAKEN: Council certified the Environmental Impact Report
(Resolution No. 2022-78) and adopted the 2040 General Plan (Resolution
No. 2022-79)
6. Community Engagement
a. Develop a Web Page with Informational and Educational Resources:
Create a dedicated page of the City's website identifying all the resources now
available to City of Ukiah residents such as home energy audits, energy
efficiency tool lending library, financing for energy efficiency, rebates and
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incentives. Also, include information on residential and commercial best
practices (including all-electric), home performance best practices, green
building best practices and more.
ACTION TAKEN: March 2023, developed landing page for the City of
Ukiah website, which is updated regularly.
b. Continue to Actively Promote Climate Matters on City Web Site/Social
Media: Actively promote the City's goals, efforts and initiatives related to
climate on the City's website and social media.
ACTION TAKEN: Climate resilience webpage added to City of Ukiah
website and referenced in multiple social media posts. Additionally, press
releases and social media campaigns have been done for related
milestones, i.e. delivering over one billion gallons of recycled water.
c. Ensure that climate responsibility is integrated throughout the City's
departments and operations.
ACTION TAKEN:
• Compost informational board in the employee breakroom December 2023
• Countertop compost bins placed in breakrooms November 2023
• Greenwaste totes were placed (by C&S) at City facilities
• Field trip to C&S recycling facility in June 2023
• SB 1383 Recycled paper sourcing
• Applied for and received $927,000 grant to hire Chief Resilience Officer (CRO);
CRO currently in background process. CRO will collaborate with County and
community to draft a Community Resilience Plan, participate in the update of
the Multi-Jurisdiction Hazard Mitigation Plan (MJHMP) and apply for mitigation
funding.
7. Water Policy
a. Expand Sustainable Water Practices: Continue to explore expansion of the
Recycled Water Project, water conservation, and other practices that help
ensure a healthy, sustainable, water supply.
ACTION TAKEN:
• Council approved the acquisition of additional 25 acres of land in the
Western Hills
• Almost 90% of the water used by Ukiah is replenished back into the water basin
• Additional infrastructure replacement occurring with Streetscape
Phase 2 and Recycled water Phase 4 (the latter is underway).
• McGarvey Park conceptual landscape update plan developed and
approved by the Public Spaces Commission that will decrease
water use at the park.
8. Information Technology
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a. Transition to Cloud Computing: Continue to move our digital systems onto
the cloud, reducing our reliance on energy intensive servers, which require
batteries, battery back- up systems, and climate controls, as well as reducing
paper usage.
ACTION TAKEN:
• The s-drive migration to SharePoint was completed November 2023
• The Munis SaaS migration to the cloud was completed September 2023
• RestoreVault – a “Trusted System” (aka WORM) was implemented in 2022, which
is a state requirement to go paperless.
• The Police Department is transitioning to the cloud. The unmanned
aerial system platform records all video footage to Axon's Cloud. Also
uploading to the Axon cloud are vehicle and body camera footage, as
well as evidentiary photos and recordings.
9. Parks and Recreation
a. Eliminate Pesticide Use: The City will continue to keep its parks 100% free of
pesticides and use only approved organic materials for pest control, and reuse
all mulch generated from those parks.
ACTION TAKEN: Pesticides are not used in parks.
10. Fire Prevention
a. Protect from Dangerous Emission by Preventing Fires: The City shall
engage in multi-jurisdiction activities to reduce the risk of future fires throughout
the County, including the acquisition of open space, putting in firebreaks, and
clearing fuel. Additionally, the City shall use non-toxic alternatives to fire-
fighting foam that are free from the PFAS and PFOS chemicals.
ACTION TAKEN:
• March 2023—City of Ukiah awarded $7.2 million grant from the US
Dept. Of Agriculture to conduct fire mitigation work in the Ukiah Valley
and surrounding areas, which will include the hiring of a dedicated
crew of 11 to conduct this work.
• Council approved the acquisition of additional 25 acres of land
in the Western Hills, allowing for more efficient maintenance of fuel
breaks.
• The City of Ukiah prioritizes the importance of hosting the CalFire Air
Attack base, which significantly reduces the response time for wildfires
and decreases the risk and rate of spread.
• City of Ukiah participates in the development and maintenance of the
shaded fuel break along the western hills, as well as the removal of
invasive, fire-prone vegetation.
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• The Electric Utility was awarded a $3.8 million grant from the Federal Emergency
Management Agency for the undergrounding of primary electrical facilities as well as
enhanced vegetation management in high fire threat areas.
• AI-driven fire detection system deployed in October 2023
o 360-degree panoramic visibility
o 24/7 Pano Intelligence Center screening
o Multi-camera incident location triangulation
o Ability to quickly share incident detail, imagery
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Climate Initiative
2023 Report
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June 15, 2022
The City Council adopted
the Resolution Endorsing
the Declaration of a
Climate Emergency and a
Call to Action to Restore a
Safe Climate.
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Tracking Progress
•21% of the ASRs presented to the
Council in 2023 have to do with
Urban Greenhouse Gas
Drawdown and another 21%
regarding transportation
•Tracked in the annual budget
•...and more
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Embedded in the
2040 General Plan
Development of the
Climate Action Plan
is underway
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Initiative #1:
Energy Efficiency
•100% Green Rate launched
•70 LED streetlights; more coming
•Social media post: battery
powered landscaping equipment
•Rebate programs (now available in
Spanish)
•https://cityofukiah.com/electric‐
utility/
•1,672 applications processed (since
July 2011)
https://cityofukiah.com/utility‐services/
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Initiative #2:
Transportation
•Complete Streets
•Purchasing policy
•Priority for pricing electric/hybrid
•Bike lanes
•2.63 miles added
•2.22 miles altered (with added buffer)
•Planned expansion of EV charging
network
•No idling campaign
•Signs
•Social media campaign
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Initiative #3:
Solid Waste
•10‐gallon container
program
•Green waste totes and
countertop compost bins
added to all City facilities
•SB 1383: requires organic
waste facilities and
operations to measure
and report organic waste
material activity
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Initiative #4:
Urban‐Greenhouse
Gas Drawdown
•Open space acquisition in
the Western Hills
•Management plan
•Transitioning away from
gas‐powered equipment
•Expanding the urban
forest
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Initiative #5:
Land Use
•Zoning Code amendments to facilitate
new housing development
•Streamline Accessory Dwelling Unit
(ADU) regulations
•Update definitions and allowances
•Pre‐Designed and Pre‐Approved ADUs
•3 new units
•30 ADU permits issued (since 2020)
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Initiative #6:
Community
Engagement
•Webpage
•Social media
•Integrating climate
responsibility
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Initiative #7
Water Policy
•Almost 90% of the water used
by Ukiah is replenished back
into the water basin
•Phases 1‐3 provide 1,000 acre
feet of water; Phase 4
increases that to 1,500
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Initiative #8:
Information Technology
City systems moving toward
cloud‐based storage and
reduced paper usage
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Initiative #9:
Parks and
Recreation
City Staff adhere to the
Integrated Pest Management
Plan
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Initiative #10:
Fire Prevention
•Artificial Intelligence‐
driven cameras for early
fire detection
•Undergrounding
powerlines and tree
trimming
•Maintaining and
expanding the shaded
fuel break
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Next steps
•Council member ad hoc
and a working group
were formed to
participate in the
development of the
Climate Action Plan
•Resiliency officer
•Continue tracking and
demonstrating
accountability
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Questions
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Agenda Item No: 14.a.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1490
AGENDA SUMMARY REPORT
SUBJECT: Discuss and Provide Direction for the Establishment of an Oversight Committee, with Possible
Appointments, to Review Measure P Expenditures for Fiscal Years 2021 and 2022 per Resolution 2014-28 as
well as Fiscal Years 2023 and 2024.
DEPARTMENT: Police PREPARED BY: Cedric Crook, Police Chief
PRESENTER: Cedric Crook, Police Chief
ATTACHMENTS:
1. Resolution 2014-28
Summary: Council will discuss and provide direction for the establishment of an Oversight Committee, with
possible appointments, to review Measure P expenditures for fiscal years 2021 and 2022 per resolution 2014-
28 as well as Fiscal Years 2023 and 2024.
Background: During the summer of 2014, the City of Ukiah began the effort to renew Measure S, which was
due to sunset, and was ultimately replaced with Measure P. During this process, the City Council unanimously
approved Resolution 2014-28 (Attachment #1), which established an expenditure plan for public safety and an
Oversight Board to review and report on the performance of the public safety spending plan, to include
expenditures of Measure P revenues, every other year. Since the passage of Measure P, the City has
enhanced its reporting practice and produces a Measure P report with each annual operating budget and
audited financial statements. Although this information has been publicly reported by the City annually, it is
overdue in appointing a new Measure P Oversight Committee and completing the biannual review consistent
with the original resolution.
Discussion: The process for the review of Fiscal Years 2021 and 2022 would normally occur after the
completion of the second Fiscal Year and was delayed due to the effects of the pandemic on operations two
years ago. To efficiently and effectively complete this review, one option for City Council would be to appoint
members of the public from prior committees to complete this review, with the alternative option being for City
Council to provide direction to staff to seek out new community applicants for the next committee. Staff would
ask that this committee also review Measure P Expenditures for the Fiscal Years of 2023 and 2024 to expedite
the reviews and be current.
The last active Measure P Oversight Committee Community members were Edward Eversole, Roe Sandelin,
and Larry Olson. Resolution 2014-28 states that the committee will be comprised of persons appointed to the
committee who should represent a broad range of interests, such as business owners, ethnic minorities, (1)
Ukiah City Firefighter, (1) Ukiah City Peace Officer, homeowners and tenants. Staff also identified Max Brazill
as representing the Ukiah Police Department and Tony Selvitella as representing the Ukiah Valley Fire
Authority.
Recommended Action: Approve the establishment of an Oversight Committee to review Measure P
expenditures for the fiscal years 2021 and 2022, as well as 2023 and 2024; and appoint Max Brazill
representing the Ukiah Police Department; Tony Selvitella representing the Ukiah Valley Fire Authority; and
three community members as persons representing members at large to the Measure P Oversight
Committee.
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BUDGET AMENDMENT REQUIRED: None
CURRENT BUDGET AMOUNT: None
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Sage Sangiacomo, City Manager; Dan Buffalo, Finance Director: Douglas Hutchison,
Fire Chief
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): GP-A6 - Safety Element
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Agenda Item No: 14.b.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1488
AGENDA SUMMARY REPORT
SUBJECT: Review and Update, if Warranted, the Ukiah City Council Strategic Plan.
DEPARTMENT: City Manager /
Admin PREPARED BY: Traci Boyl, City Manager's Office Senior Analyst
PRESENTER: Sage Sangiacomo, City Manager
ATTACHMENTS:
1. Draft City Council Strategic Plan 24
Summary: Each year during the annual budget process, the Ukiah City Council reviews and updates the
City's Strategic Plan.
Background: The Strategic Plan provides a framework that prioritizes focus on core functions and ensures
City Departments are working together to meet the needs of our residents and businesses as directed by the
City Council. The priorities identified in the plan will guide decision-making to desired outcomes through
strategies and specific actions.
The priorities, strategies, and actions that make up the strategic plan evolve over time with the changing
needs of the community and organization.
• Priorities are broad guiding statements that describe the hopes of the community for the future. A
priority may never be completely attainable, but it is used as a point towards which to strive.
• Strategies describe what is needed to move the City in the direction of completing each priority.
• Actions outline specific steps to be taken to achieve the strategy. Actions are further defined, detailed,
and assigned as objectives within each departmental budget.
Throughout the annual budget process, the City Council reviews and modifies the Plan as necessary and sets
annual objectives for all departments (within departmental budgets) that are in line with the City's priorities.
Discussion: The City Council will review and discuss the Strategic Plan (Attachment #1). The plan includes
updates and edits (in redline) to reflect the Council's recent policy changes and priorities over the previous
year. This year's update also includes incorporating the City Equity Action Plan goals and strategies.
The Equity Action Plan, developed by the City of Ukiah Diversity and Equity Committee, was adopted by the
City Council in January 2022 as a two-year plan. It has been implemented across all departments of the City
and is creating a positive impact on the agency and community based on employee demographics polls,
surveys, and feedback from team members. Therefore, with direction and guidance provided by the City's
Diversity and Equity Committee, City Staff recommends the Equity Action Plan goals and strategies be
incorporated into the City Council's Strategic Plan. This step would memorialize the ongoing commitment to
this work and ensure diversity, equity, transparency, and justice are embedded into policymaking,
accountability, and delivery of City services.
Additional updates to the plan include:
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Page 2 of 2
• Development of a Climate Action Plan
• Protection of the community's investment in improved infrastructure
• Explore designs and plans to develop enhanced gateways into the City
Recommended Action: Review the Ukiah City Council Strategic Plan and provide direction as may be
warranted to update the document.
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: Sage Sangiacomo, City Manager
DIVERSITY-EQUITY INITIATIVES (DEI):
Goal 2 – Eliminate internal and external barriers to Diversity, Equity, and Inclusion within the systems of our
organization. Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policy-making,
accountability, and delivery of City services.
CLIMATE INITIATIVES (CI): 6c – Ensure that climate responsibility is integrated throughout the City’s
departments and operations.
GENERAL PLAN ELEMENTS (GP):GP-A1 - Land Use Element, GP-A2 - Economic Development Element,
GP-A3 - Mobility Element, GP-A4 - Public Facilities, Services, and Infrastructure Element, GP-A5 -
Environment and Sustainability Element, GP-A6 - Safety Element, GP-A7 - Agriculture Element, GP-A8 -
Housing Element (2019-2027)
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1
Ukiah City Council Strategic Plan
The Strategic Plan provides a comprehensive framework that prioritizes focus on core functions and
ensures City Departments are working together to meet the needs of our residents and businesses. The
priorities identified in the Plan will guide decision-making to desired outcomes through strategies and
specific actions.
The priorities, strategies and actions that make up the strategic plan evolve over time with the changing
needs of the community and organization. During the annual budget process, the City Council reviews
and modifies the Plan as necessary and sets annual objectives for all departments that are in line with
the City’s priorities.
In addition, successful development and implementation of the Strategic Plan requires continued
engagement, collaboration, and review with our commissions and citizens.
Outcomes
The primary outcomes for the Strategic Planning Process are threefold:
1. Create alignment among Councilmembers, City Staff, and the Community about the top
strategic priorities for the City of Ukiah.
2. Develop a set of operational principles that will guide the practices and decisions of the Council in
focusing the strategic priorities.
3. Identify specific mechanisms for tracking these strategic priorities over time that will allow the
Council and City Staff to make the necessary adjustments to achieve the strategic priorities.
General Principles
A set of accepted guidelines formed to capture values and priorities that transcend broadly to the strategic
plan.
• We value diversity, equity, transparency, and justice and those values are essential core elements
of policy-making, accountability, and delivery of City services.
• We are mindful that our actions have a profound effect on the health and well-being of future
generations.
• Our strategies and approaches maintain or enhance the positive characteristics of our community.
• Our decisions reflect fiscal responsibility, reliability, sustainability, and affordability
with an understanding and consideration of impacts to the entire community and
organization.
• We look to partner with our community members to promote greater ownership and involvement
in their services.
• We look for strategies that increase efficiencies while enhancing customer service.
• Where applicable, we adjust rates and fees to reflect changes in the economy and cost of services.
Components of the Plan
• Priorities are guiding statements that describe desired outcomes for our community and
organization. A priority may not be completely attainable, but it is used as a point towards which
to strive.
• Strategies describe what is needed to move the City in the direction of completing each priority.
• Actions outline specific steps to be taken to achieve the strategy. Actions are further defined,
detailed, and assigned as objectives within each departmental budget.
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2
Strategic Plan Priorities
1. Enhance Our Neighborhoods: Foster small-town life prioritizing accessible, high-quality services for
all residents and the creation of vibrant community spaces that reflect the diversity of our cultures while
ensuring environmental sustainability and maintaining the unique character of our neighborhoods.
a sense of small-town life by embracing our diversity and providing our residents with quality accessible
services and vibrant places that reflect the diversity of cultures within our community (People, Places,
& Services)
2. Develop Quality Infrastructure: Evaluate strategies and best practices to develop and implement a
prioritized plan for maintaining and improving public infrastructure and utilities
3. Plan for the Future: Utilize sound principles for valley-wide planning that include a focused approach
on identifying and leveraging partnerships for service delivery to increase efficiencies, capabilities, and
resiliency.
4. Grow our Businesses: Facilitate the development of a sound local economy that attracts investment,
promotes economic diversity, supports businesses, creates employment opportunities, and generates
public revenues
5. Value our Team: Ensure Council and staff work together to create a more diverse, inclusive,
responsive, and effective workplace environment
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3
A. Recommended Strategy:
Build neighborhoods that provide access for all to a compatible balance of housing,
employment, commercial, medical, education, and recreational resources.
Actionable Items:
i. Implement a housing plan that works to support the development of sustainable housing for
all income levels.
ii. Responsively engage with our neighborhoods to align services with changing needs
iii. Seek funding opportunities and partnerships to update and add park and recreational
facilities
iv. Work to preserve, conserve, and protect the natural resources/features of the Ukiah Valley
and open space
v. Develop a Complete Streets transportation network that enables safe access for all users,
including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities.
B. Recommended Strategy:
Provide services that support a high quality of life for all residents, including fostering diverse,
inclusive, sustainable and accessible neighborhoods.
Actionable Items:
i. Ensure the safety of our community through proactive and responsive community
policing and fire services with a focus on ensuring that our team members have
the appropriate training and resources
ii. Promote healthy neighborhoods with access for all to quality recreational opportunities
iii. Engage and conduct community-wide surveys to identify gaps and opportunities for
changes or additions to our services and programs
iv. Continue to work with partnering agencies and stakeholders to identify and address the
needs of the community’s most underrepresented
C. Recommended Strategy:
Encourage and support an environmentally sustainable and resilient community by
1. Enhance Our Neighborhoods
Foster small-town life prioritizing accessible, high-quality services for all residents and the creation of vibrant
community spaces that reflect the diversity of our cultures while ensuring environmental sustainability and
maintaining the unique character of our neighborhoods.
a sense of small town life by embracing our diversity and providing
our residents with quality, accessible services and vibrant places
that reflect the diversity of cultures within our community (People,
Places, Services)
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4
eEmbracinge new technology, setting policy, and evaluatinge critical infrastructure. to
encourage and support environmentally sustainable community.
Actionable Items:
i. Provide ongoing education and active engagement of City staff, members of
committees and commissions, contractors, consultants, residents, and
independent community groups in alignment with the goals of improving
environmental standards and promoting sustainable policies
ii. Address the climate implications of all policies and actions that come before the
Ukiah City Council that have the potential to impact greenhouse gas emissions,
carbon sequestration, and disaster preparedness within the City
iii. Implement Continue to support Resolution 2022-44:
A Resolution of the City Council of the City of Ukiah Endorsing the
Declaration of a Climate Emergency and a Call to Action to Restore a
Safe Climate
…and support the implementation of the related initiatives. the City of Ukiah Climate
Initiatives (Resolution 2022-44) to restore a safe climate
iii.iv. Support the development and implementation of a Climate Action Plan
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5
A. Recommended Strategy:
Continue the development and maintenance of a comprehensive Capital Improvement Plan
that considers the climate impacts of those improvements.
Actionable Items:
i. Determine current conditions, needs and opportunities, and focus on specific capital
improvement projects for the following areas:
o Streets
o Water
o Sewer
o Electric
o Storm drains
o Landfill
B. Recommended Strategy:
Identify and/or develop funding for essential and vital infrastructure for the long-term.
Actionable Items:
i. Conduct regular evaluation of utility rates to ensure sustainability of services
ii. Explore and seek grant funding
iii. Evaluate a potential trench cut fee to protect the community’s investment . Prioritize the
protection of the community’s investment in improved infrastructure.
2. Develop Quality Infrastructure
Evaluate strategies and best practices to develop and implement a prioritized plan for
maintaining and improving public infrastructure and utilities
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6
A. Recommended Strategy:
Review and revise land use planning documents to be reflective of the long-term vision for the
community
Actionable Items:
i. Implement the goals, policies, and programs in the Ukiah 2040 General Plan
ii. Prepare and submit annexation applications in alignment with the City of Ukiah’s updated
sphere of influence (SOI) and annexation policies
i. Evaluate and amend the city zoning code to improve efficiencies/public service and protect
natural resources
B. Recommended Strategy:
Analyze and consider opportunities for regional partnerships that support or improve the
delivery of municipal services
Actionable Items:
i. Develop tax sharing agreement with the County of Mendocino
ii. Support and implement the participation agreement with the Ukiah Valley Sanitation District
iii. Continue the development of a plan for the delivery of fire services for the Ukiah Valley
iv. Support newly-developed partnerships with Ukiah Valley water agencies and finalize
agreements to consolidate services for improved efficiency, capability and resiliency
C. Recommended Strategy:
Instill diversity, equity, and inclusion as essential core elements of policymaking,
accountability, and delivery of City services.
Actionable Items:
i. Actively engage the community to recruit, board, commission, and committee members that
reflect the diverse community we serve.
ii. Develop and expand public education and outreach platforms to reach underrepresented
individuals.
D. Recommended Strategy:
3. Plan for the Future
Utilize sound principles for valley-wide planning that include a
focused approach on identifying and leveraging partnerships for
service delivery to increase efficiencies, capabilities, and
resiliencey.
Formatted: Highlight
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7
Ensure accountability in the implementation of goals and assessment of progress toward
outcomes.
i. Continue to track progress and ensure DEI alignment of projects and programs through
ASR tracking and budget development tools and processes
ii. Provide annual equity reports to Council
iii. Make corrective actions through ongoing engagement and evaluation from the DEI
Committee
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8
A. Recommended Strategy:
Identify and remove barriers to economic development while leveraging economic
opportunities
Actionable Items:
i. Leverage partnerships with other local agencies and stakeholders to provide economic
development resources and services for the retention and recruitment of businesses.
ii. Identify and support the development of public infrastructure needed to support growth
B. Recommended Strategy:
Develop and preserve the historic downtown as a regional center of civic and economic
activity.
Actionable Items:
i. Develop a plan to identify and attract anchor tenants to the downtown core
ii. Continue efforts to affect positive change with the Palace Hotel
iii. Coordinate with the County and State for a reuse plan for the Courthouse
iv. Continue to support the implementation of the Evaluate and implement Downtown
Streetscape Improvement Plan (Phase II anticipated summer of 2023)
v. Support public infrastructure development at the Perkins Street Depot site in support of
the courthouse development and buildout of the property.
vi. Develop and implement an improved downtown parking plan
vii. Continue to support the development of the Great Redwood Trail
vii.viii. Explore designs and plans to develop enhanced gateways into the city
4. Grow Our Businesses
Facilitate the development of a sound local economy
that attracts investment, promotes economic diversity, supports
businesses, creates employment opportunities, and
generates public revenues.
Page 583 of 589
9
A. Recommended Strategy:
Promote the core values that are embedded in the operational culture of the organization.
Actionable Items:
i. Develop organizational practices that reflect our o embed the core values (Professionalism,
Service, Teamwork, Innovation, and Safety) through the lens of diversity, equity, transparency, and
justice. and improve diversity, equity, transparency, and justice
B. Recommended Strategy:
Develop open communication and workflow practices that cultivate invested team
members and community awareness/involvement
Actionable Items:
i. Support the implementation of the City’s Equity Action Plan
ii.i. Develop and expand a public education and outreach plan
iii.ii. Continue to redesign City Council workflow calendaring and ad-hoc/committee files
C. Recommended Strategy:
Create, sustain, and advance a diverse and inclusive workplace and workforce that reflects,
values, and celebrates the diverse community we serve.
Actionable Items:
i. Implement Diversity, Equity, and InclusionEI-related recruitment, development, and
retention initiatives.
ii. Support the work of the City’s internal Opportunity and Inclusion Team (OIT)
iii. Support and expand employee programs including, the Mentorship Program, Exceptional
Employee Program, and Leadership Academy.
i.iv. Incorporate cultural awareness celebrations and education into employee events and
programs.
5. Value our Team
Ensure Council and staff work together to create
a more diverse, inclusive, responsive, and
effective workplace environment
Page 584 of 589
Page 1 of 2
Agenda Item No: 14.c.
MEETING DATE/TIME: 2/21/2024
ITEM NO: 2024-1527
AGENDA SUMMARY REPORT
SUBJECT: Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary,
Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s); and Committee
Appointments to serve on the Community Health Needs Assessment (CHNA) Steering Committee with
Adventist Health.
DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk
PRESENTER: Mayor Dueñas and Various Councilmembers
ATTACHMENTS:
1. 2024 City Council Special Assignments and Ad Hocs
Summary: City Council members will provide reports and updates on their committee and ad hoc
assignments. If necessary, the Council may consider modifications.
Background: City Council members are assigned to a number of committees and ad hoc activities. These
assignments are included as Attachment 1.
Discussion: Previously, the City Council discussed having more time allocated to reporting on committee and
ad hoc activities. Often, the Council Reports section of the regular agenda is rushed due to impending
business (i.e., public hearings), and not enough time is afforded for reports beyond community activities.
In an effort to foster regular updates on committee and ad hoc assignments, this item is being placed on the
agenda to provide the City Council members an expanded opportunity to report on assignments and modify
assignments as necessary.
Adventist Health has extended an invitation to the City of Ukiah - and to ensure representation from the City of
Ukiah, Staff is recommending committee appointments to serve on the Community Health Needs Assessment
(CHNA) Steering Committee and assist in the creation of the 2025 CHNA Report for the communities served
by the three Adventist Health hospitals in Mendocino County. The CHNA Report represents the collaborative
work between community members, stakeholders and hospital leadership in providing insight, identifying,
gathering and analyzing the health needs of our community. Additionally, this committee will partner to
prioritize key health needs and assess the local resources that provide support to these needs.
Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc
assignments along with the creation/elimination ad hoc(s).
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
Page 585 of 589
Page 2 of 2
GENERAL PLAN ELEMENTS (GP):
Page 586 of 589
2024 CITY COUNCIL SPECIAL ASSIGNMENT LIST
LOCAL / UKIAH VALLEY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
City Broadband Project TBD TBD
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
to evaluate the Request for Proposal (RFP) for the Internet Service
Provider (ISP) for the California's Public Utilities Commission (CPUC) Last
Mile Broadband
Orozco Jim Robbins, Grants Manager, 463-6708;
jrobbins@cityofukiah.com
Investment Oversight Committee Varies
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
Reviews City investments, policies, and strategies
Crane
Orozco, Alternate
Alan Carter, Treasurer
Dan Buffalo, Director of Finance; 463-6220
dbuffalo@cityofukiah.com
Disaster Council
Shall meet a minimum of
once a year at a time and
place designated upon
call of the chair
Place designated upon call of the chair or, if
she/he is unavailable or unable to call such
meeting, the first vice chair and then the City
Manager or her/his designee.
Office of Emergency Management
300 Seminary Ave.
Ukiah, CA 95482
467-5720 - Traci Boyl
Develop any necessary emergency and mutual aid plans, agreements,
ordinances, resolutions, rules, and regulations.
Orozco
Duenas- Alternate
Traci Boyl, City Manager's Office Management
Analyst; 467-5720; tboyl@cityofukiah.com
Greater Ukiah Business & Tourism
Alliance (GUPTA)
4th Monday of month,
10:0 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
Marianne Davison - Community
Services Department Staff
Duenas - Alternate
Shannon Riley, Deputy City Manager;
467-5793 sriley@cityofukiah.com
Mendocino County Inland Water and
Power Commission (IWPC)
2nd Thursday of month,
6:00 p.m.
Civic Center
300 Seminary Avenue
conference room 5
IWPC Staff
P.O. Box 1247
Ukiah, CA 95482
391-7574 - Candace Horsley
Develops coordination for water resources and current water rights: Potter
Valley project - Eel River Diversion
Rodin
Orozco - Alternate
Sean White, Director of Water Resources;
463-5712 swhite@cityofukiah.com
North Coast Opportunities (NCO)4th Wednesday of
month, 2 p.m.Alternating locations - Ukiah and Lakeport
Governing Board Chair
North Coast Opportunities
413 North State Street
Ukiah, CA 95482
Assist low income and disadvantaged people to become self reliant Burgess
Jake Burgess, Community Services Supervisor;
463-6201
jburgess@cityofukiah.com
Sun House Guild ex officio 2nd Tuesday of month,
4:30 p.m.
Sun House
431 S. Main St.
Ukiah, CA
431 S. Main Street
Ukiah, CA 95482
467-2836
Support and expand Grace Hudson Museum Duenas
Neil Davis - Alternate
David Burton, Museum Director; 467-2836
dburton@cityofukiah.com
Ukiah Valley Basin Groundwater
Sustainability Agency (GSA)
2nd Thursday of month,
1:30 p.m.
Board of Supervisors Chambers; 501 Low
Gap Road
Ukiah, CA
County Executive Office
501 Low Gap Rd., Rm. 1010
Ukiah, CA 95482
463-4441
GSA serves as the Groundwater Sustainability Agency in the Ukiah Valley
basin
Crane
Duenas- Alternate
Sean White, Director of Water Resources;
463-5712 swhite@cityofukiah.com
MENDOCINO COUNTY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
City Selection Committee Called as required by the
Clerk of the Board
BOS Conference Room
501 Low Gap Rd. Rm. 1090
Ukiah, CA
C/O: BOS
501 Low Gap Rd., Rm 1090
Ukiah, CA 95482
463-4441
Makes appointments to LAFCO and Airport Land Use Commission
(Mayor - Primary; Vice Mayor - Alternate)
Mayor Duenas
Vice Mayor Crane - Alternate
Kristine Lawler, City Clerk; 463-6217
klawler@cityofukiah.com
Economic Development & Financing
Corporation (EDFC)
2nd Thursday of month,
2:00 p.m.
Primarily 631 S. Orchard Street
(location varies)
Executive Director
631 South Orchard Avenue
Ukiah, CA 95482
467-5953
Multi-agency co-op for economic development and business loan program Riley
(appointed 12/19/18)
Shannon Riley, Deputy City Manager;
467-5793 sriley@cityofukiah.com
Library Advisory Board
3rd Wednesdays of
alternate months; 1:00
p.m.
Various Mendocino County Libraries Ukiah County Library
463-4491 Review library policy and activities Sher
Rodin - Alternate
Kristine Lawler, City Clerk; 463-6217;
klawler@cityofukiah.com
Mendocino County 1st District Liaison Monthly; TBD
Civic Center Annex
conference room #5
411 West Clay St.
Ukiah, CA 95482
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
To coordinate activities and policy development with the City's 1st District
Supervisor
Rodin
Crane- Alternate
Sage Sangiacomo, City Manager;
463-6221; ssangiacomo@cityofukiah.com
Mendocino County 2nd District Liaison 1st Wednesdays of
month, 8:00 a.m.
Civic Center Annex
conference room #5
411 West Clay St.
Ukiah, CA 95482
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
To coordinate activities and policy development with the County's 2nd
District Supervisor
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
Duenas
Sher - Alternate
Tim Eriksen, Public Works Director/City Engineer;
463-6280 teriksen@cityofukiah.com
Mendocino County Airport Land Use
Commission As needed
BOS Conference Room
501 Low Gap Rd., Rm. 1090,
Ukiah, CA
Mendocino County Executive Office
501 Low Gap Rd. Rm. 1010
Ukiah, CA 95482
To formulate a land use compatibility plan, provide for the orderly growth of
the airport and the surrounding area, and safeguard the general welfare of
the inhabitants within the vicinity
Liaisons: Owen/Schlatter
Greg Owen, Airport Manager; 467-2855;
gowen@cityofukiah.com
Craig Schlatter, Director of Community
Development; 463-6219;
cschlatter@cityofukiah.com
Mendocino County Local Area
Formation Commission (LAFCO)
1st Monday of month,
9:00 a.m.Board of Supervisors Chambers
Executive Director
200 S. School Street, Ste. 2
Ukiah, CA 95482
463-4470
Required by legislation - planning spheres of influence, annexation, service
areas, and special districts
Rodin
Crane - Alternate for both city seat
members on Commission
Craig Schlatter, Director of Community
Development; 463-6219;
cschlatter@cityofukiah.com
rev: 1/18/2024
ATTACHMENT 1
Page 587 of 589
2024 CITY COUNCIL SPECIAL ASSIGNMENT LIST
MENDOCINO COUNTY
Continued MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
Mendocino Solid Waste Management
Authority (MSWMA)
3rd Thursday of every
other month (varies),
10:00 a.m.
Willits Council Chambers
Solid Waste Director
3200 Taylor Drive
Ukiah, CA 95482
468-9710
County-wide Solid Waste JPA Crane
Sher - Alternate
Tim Eriksen, Public Works Director/City Engineer;
463-6280 teriksen@cityofukiah.com
Mendocino Transit Authority (MTA)
Board of Directors
Last Wednesday of
month, 1:30 p.m.
Alternating locations - Ukiah Conference
Center or Fort Bragg, or Point Arena
Executive Director
241 Plant Road
Ukiah, CA 95482
462-1422
County-wide bus transportation issues and funding Sher
Duenas - Alternate
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 teriksen@cityofukiah.com
Mendocino Youth Project JPA Board of
Directors
3rd Wednesday of
month, 7:45 a.m.776 S. State Street Conference Room
Mendocino Co. Youth Project
776 S. State Street, Ste. 107
Ukiah, CA 95482
707-463-4915
Targets all youth with a focus on drug and alcohol prevention, healthy
alternatives and empowering youth to make healthy choices
Cedric Crook, Police Chief
Duenas - Alternate
Cedric Crook, Police Chief; 463-6771;
ccrook@cityofukiah.com
Russian River Flood Control District
(RRFCD) Liaison
1st Monday of month,
5:30 p.m.
151 Laws Ave.,Suite D
Ukiah, CA
151 Laws Ave., Ukiah, CA 95482;
rrfc@pacific.net; 462-5278
Proactively manage the water resources of the upper Russian River for the
benefit of the people and environment of Mendocino County White/Orozco Sean White, Director of Water Resources;
463-5712 swhite@cityofukiah.com
Ukiah Players Theater Board of
Directors
3rd Tuesday of month,
6:00 p.m
1041 Low Gap Rd
Ukiah, CA 95482
462-1210
1041 Low Gap Rd
Ukiah, CA 95482
462-1210
To oversee the activities, organization and purpose of the Ukiah Players
Theater
Greg Owen, Airport Manager
(appointed 12/19/18)
Kristine Lawler, City Clerk; 463-6217
klawler@cityofukiah.com
Ukiah Unified School District (UUSD)
Committee Quarterly 511 S. Orchard, Ste. D
Ukiah, CA 95482
511 S. Orchard
Ukiah, CA 95482
Information exchange with UUSD Board Chair, Mayor, Superintendent, and
City Manager
Duenas
Rodin - Alternate
Sage Sangiacomo, City Manager
Cedric Crook, Police Chief
Sage Sangiacomo, City Manager; 463-6221
ssangiacomo@cityofukiah.com
REGIONAL MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
Great Redwood Trail Agency Bi-monthly, 3rd
Thursdays, 10:30 a.m.Various Locations - announced
419 Talmage Road, Suite M
Ukiah, CA 95482
463-3280
Provides a unified and revitalized rail infrastructure meeting the freight and
passenger needs of the region
Rodin
Duenas - Alternate
Neil Davis, Community Services Director
467-5764 ndavis@cityofukiah.com
League of California Cities Redwood
Empire Legislative Committee
Prior to Division
Meetings, meets 3x in
person and then via
conference call
Various locations that are announced
Redwood Empire League President;
Public Affairs Program Manager
(916) 658-8243
Elected city officials and professional city staff attend division meetings
throughout the year to share what they are doing and advocate for their
interests in Sacramento
Duenas
Orozco - Alternate
Sage Sangiacomo, City Manager; 463-6221
ssangiacomo@cityofukiah.com
Russian River Watershed Association
(RRWA)
4th Thursday of month,
9:00 a.m. (only 5 times a
year)
Windsor Town Hall
Russian River Watershed Association
425 South Main St., Sebastopol, CA
95472
508-3670
Consider issues related to Russian river - plans projects and funding
requests
Rodin
Sher - Alternate
Tim Eriksen, Public Works Director/City Engineer;
463-6280 teriksen@cityofukiah.com
Northern California Power Agency
(NCPA) - Commission
4th Thursday of month,
9:00 a.m. (see NCPA
calendar)
Roseville, CA
and other locations
651 Commerce Drive
Roseville, CA 95678
916-781-4202
Pool of State and local power utilities developing and operating power
generation, providing scheduling and related energy services and providing
regulatory and legislative support.
Crane - Commissioner
Sher - City Council Alternate
Sauers - Alternate and Commissioner in
absence of Commissioner Crane
Cindi Sauers - Electric Utility Director;
463-6286 csauers@cityofukiah.com
Northern California Power Agency
(NCPA) – Lodi Energy Center (LEC)
Appointment
2nd Monday of month,
10:00 AM Lodi, CA and other locations
651 Commerce Drive
Roseville, CA 95678
916-781-4299
Committee oversees the operation, maintenance and expenditures of the
LEC 300 MW generating project.
Sauers – Project Participate
Appointee
Cindy Sauers, Electric Utility Director,
463-6286, csauers@cityofukiah.com
Transmission Agency of Northern
California (TANC)
4th Wednesday of
month, 10 a.m.35 Iron Point Circle Suite 225 Folsom, CA
35 Iron Point Cir #225
Folsom, CA 95630
916-852-1673; info@tanc.us
Provide electric transmission to its Member utilities through transmission
line ownership or contract arrangements.
Crane
Sauers - Alternate
Cindi Sauers - Electric Utility Director;
463-6286 csauers@cityofukiah.com
STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT
Diversity and Equity TBD Virtual Meeting Room
(link to be created)
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
Improve diversity and equity in the City’s workforce and municipal services Orozco/Duenas Traci Boyl, City Manager's Office Management
Analyst; 467-5720; tboyl@cityofukiah.com
Fire Executive Committee
2nd Tue, every other
month beginning in
January; 5:00 p.m.
Ukiah Valley Conference Center,
200 S. School Street
Ukiah, CA
Civic Center
300 Seminary Ave.
Ukiah, CA 95482
sabba@cityofukiah.com
Per the recently adopted agreement between the City of Ukiah and the
Ukiah Valley Fire Protection District Orozco/Sher
Doug Hutchison, Fire Chief; 463-6263;
dhutchison@cityofukiah.com
Countywide Oversight Board to the
RDA Successor Agencies
4th Thursday of January,
4:00 p.m.; meets
annually
Ukiah Valley Conference Center,
200 S. School Street
Ukiah, CA
City of Ukiah
ATTN: City Clerk
300 Seminary Ave.
Ukiah, CA 95482
Oversee and direct the Successor Agencies of the former redevelopment
agencies Crane
Dan Buffalo, Director of Finance; 463-6220
dbuffalo@cityofukiah.com
Kristine Lawler, City Clerk; 463-6217,
klawler@cityofukiah.com
rev: 1/18/2024
Page 588 of 589
COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT
Electric Grid Operational Improvements Crane/Orozco Cindy Sauers, Electric Utility Director;
463-629586 csauers@cityofukiah.com
Trench Cut Policy Development Crane Tim Eriksen, Public Works Director/City Engineer ; 463-
6280 teriksen@cityofukiah.com
Advance Planning & Policy for Sphere of Influence
(SOI), Municipal Service Review (MSR), Annexation,
Tax Sharing, Detachment, and Out of Area Service
Agreements
Crane/Rodin
Craig Schlatter, Community Development Director
463-6219 cschlatter@cityofukiah.com
UVSD/ City Relations
Ad hoc committee to address specific issues with the Ukiah
Valley Sanitation District, including discussion of overall sewer
system service delivery policies, operating policy revisions,
potential revisions to the current Operating Agreement, and
cost sharing
Crane/Orozco
Dan Buffalo, Director of Finance;
463-6220 dbuffalo@cityofukiah.com
Sean White, Water Resources Director
463-5712 swhite@cityofukiah.com
Orr Street Bridge Corridor Rodin/Sher Tim Eriksen, Public Works Director/City Engineer ; 463-
6280 teriksen@cityofukiah.com
Complete Streets Rodin/Crane
Tim Eriksen, Public Works Director/City Engineer ; 463-
6280 teriksen@cityofukiah.com
Shannon Riley, Deputy City Manager
467-5793 sriley@cityofukiah.com
Neil Davis, Community Services Director
467-5764 ndavis@cityofukiah.com
Special Districts (Water District Consolidation)Orozco/Crane Shannon Riley, Deputy City Manager
467-5793 sriley@cityofukiah.com
Corp Yard Planning Crane/Orozco Jason Benson, Senior Civil Engineer
463-6284 jbenson@cityofukiah.com
Mendocino County Courthouse Project and Reuse Sher/Orozco Shannon Riley, Deputy City Manager
467-5793 sriley@cityofukiah.com
Climate Action Plan
Will coordinate with the Community Development Director to
identify and assign representation to each of the identified
categories, and also coordinate with the Community
Development Director and the Climate Action Plan Working
Group related to other outreach efforts during the development
of the draft municipal Climate Action Plan related to the 2040
General Plan
Sher/Duenas
Craig Schlatter, Community Development Director
463-6219 cschlatter@cityofukiah.com
City's 150-Year Anniversary Planning Orozco/Rodin Shannon Riley, Deputy City Manager
467-5793 sriley@cityofukiah.com
Planning & Building Fee Schedule Review Crane/Orozco
Craig Schlatter, Community Development Director
463-6219 cschlatter@cityofukiah.com
2024 AD HOC COMMITTEES
Page 589 of 589