HomeMy WebLinkAbout2019-06-19 Packet
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PUBLIC SAFETY POWER SHUT-OFFS (PSPS) COMMUNICATION PLAN
I.INTRODUCTION.
In preparation for -Offs (PSPS), the City of Ukiah has developed a
communication plan to serve as a guide to utilize prior to, and during, a PSPS and/or other events which
may threaten the reputation, integrity, health, or safety of the City of Ukiah.
In the event of a PSPS or related event
(PIO). The PIO, in coordination with the Emergency Operations Center (EOC), as
applicable, will manage and coordinate all internal and external flows of relevant event information in a
consistent and professional manner. The PIO will work under the supervision of the City Manager and his or
her designee. Providing professional, coordinated and consistent communication is essential to the well-
being of the City of Ukiah residents, local business and employees.
II.PURPOSE
The Communication Plan establishes a process for communicating timely, accurate and essential
information prior to, and during, a PSPS or related event.
The plan will:
help prepare the community by guiding them to available resources regarding the event.
attempt to relieve some of the burden on dispatch during a PSPS or related event by establishing a
call center.
establish how information from the City of Ukiah is distributed to residents, employees and
business owners and provides direct guidelines that will be followed by all City employees in the
event of a PSPS or related event when it is necessary to quickly and accurately provide information
to the citizens of Ukiah, City employees and the media.
The intent of the Communication Plan is to take a proactive, rather than a reactive, approach to the
dissemination of information during a PSPS event.
III.OBJECTIVE
By providing critical preparedness information to the public prior to and during a PSPS or related event, the
City can maintain public safety and public confidence in all response efforts during a PSPS or related event.
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Updated June 12, 2019
IV. STRATEGY: Pre-PSPS Event
Create and distribute internal memos regarding City employee preparedness and work
schedules/duties during a PSPS or related event.
Set up PSPS web page content to include nformation contact number,
Nixle alert sign-up link and link to PG&E website.
Link PSPS web page to existing City web pages and social media sites.
Set up outage contact number, talking points and phone tree.
Identify City employees/volunteers who will staff the call center.
Create and distribute preparedness flyers, press releases, and communication bulletins through
social media, the City website, Utility billing department, and at the customer service counter.
Identify location for daily briefings/outage updates.
Collaborate with other business-serving entities to create and distribute business preparedness
info.
STRATEGY: During a PSPS or related event
During a PSPS event, the PIO will coordinate with the d if applicable, the
EOC, to discuss all information available about the event.
elected officials as quickly as possible.
The City Manager and PIO will work together to determine the facts and who is the
appropriate person to speak on behalf of the City. The spokesperson will represent the City and
make all official statements and answer media questions throughout the event.
The PIO will create talking points for the City spokesperson, department heads and call center staff
and volunteers.
The PIO will notify department heads of event status and appropriate employee action. Each
department head is responsible for alerting their staff to the PSPS or related event and appropriate
action to take regarding work schedules/duties and reminding them that they are to refer all
inquiries or request for information to the appropriate City spokesperson.
During a PSPS the PIO will set up a call center using the existing Electrical Utility Outage Call
Number, 707-463-6288. The PIO will set up the call number to route to the appropriate staff and/or
volunteers.
fice will identify City employees and volunteers
to operate the call center during business hours or other hours as deemed appropriate during the
event.
The PIO will create and distribute ongoing messaging for Nixle, social media, press releases,
internal communications, website updates and call center messaging during and immediatelyafter
the event.
Immediately following the PSPS or related event, the PIO will prepare and distribute a statement or
news release regarding the event.
*If at any time the EOC is activated during the PSPS or related event, the PIO will report to the EOC and his/her
duties and accountability will be structured within the Incident Command System.
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Updated June 12, 2019
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(arrived at 6:11 p.m.)
MAYOR MULHEREN PRESIDING.
The Pledge of Allegiance was led by Daphine Harris, Finance Management Analyst
Council Consensus to continue the Budget Workshop after the Regular Meeting.
RECESS: 5:54 – 6:11P.M.
NOTE: The regular meeting convened at 6:11 p.m.
Deputy Clerk, Stephanie Abba, stated for the record that attendance had not changed.
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In honor of Donald Rones, Sr., who passed away at the age of 102, City Manager Sangiacomo
summarized some of the highlights of Mr. Rones’ contributions to the community, followed by a
moment of silence led by Mayor Mulheren.
Presentation was received.
Presentation was received.
Clerk stated that no communications had been received.
(COU No. 1819-225)
– City Clerk.
(2019-24)– City Clerk.
(2019-25)
– City Clerk.
(Purchase Order 45945)
– Public Works.
(COU No. 1819-226)
– Finance.
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(COU No. 1819-221)
– Public
Works.
(COU No. 1819-211)
– Water Resources.
No public comment was received.
(COU No. 1819-
227)
.
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(2019-26)
(COU No. 1819-228).
Reports were Received.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AND RECONVENED IN THE BUDGET
WORKSHOP AT 7:44 P.M.
RECESS: 7:44 – 7:57 P.M
CITY COUNCIL ADJOURNED THE BUDGET WORKSHOP AT 8:36 P.M.
Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200
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MAYOR MULHEREN PRESIDING.
The Pledge of Allegiance was led by Mayor Mulheren.
City Attorney Rapport departed at 4:13 p.m.
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(for Lori Martin, Customer
Service and Billing Supervisor)
RECESS: 5:24 – 5:49 P.M.
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Closing remarks were given by both the City Manager and the Finance Director.
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CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
SPECIAL PROVISIONS
FOR
OAK MANOR JOINT TRENCHPROJECT
SPECIFICATION NO.18-07
CITY OF UKIAH
DEPARTMENT OF ELECTRIC UTILITY
300 Seminary Avenue
Ukiah, California 95482-5400
Bids Open:Tuesday, February 5, 2019
2:00 p.m.
Office of City Clerk
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CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:
MAUREEN MULHEREN MAYOR
DOUGLAS CRANE VICE-MAYOR
JIM BROWN COUNCIL MEMBER
JUAN OROZCO COUNCIL MEMBER
STEVE SCALMANINI COUNCIL MEMBER
SAGE SANGIACOMO CITY MANAGER
MEL GRANDI - DIRECTOR OF ELECTRIC UTILITY
MARY HORGER PROCUREMENT MANAGER
KRISTINE LAWLER CITY CLERK
R. ALLEN CARTER - CITY TREASURER
CITY OF UKIAH
DEPARTMENT OF ELECTRIC UTILITY
JANUARY 2019
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TABLE OF CONTENTS
PAGE
NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS ...................................................................................................................... 1
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. Withdrawal of Bids
1-05. Public Opening of Bids
1-06. Bid Guaranty
1-07. Qualification of Bidders
1-08. Disqualification of Bidders
1-09. Identification of Subcontractors
1-10. General Provisions of the Standard Specifications
SECTION 2. AWARD AND EXECUTION OF CONTRACT ........................................................................... 5
2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT .................................................................................... 5
3-01. Effect of Inspection and Payments
3-02. Effect of Extension of Time
3-03. Extra Work
3-04. Assignment of Contract
3-05. Subcontractors
3-06. Interpretation of Special Provisions and Drawings
3-07. Liability of City Officials
3-08. Dispute Resolution
SECTION 4. BONDS ..................................................................................................................................... 6
4-01. Faithful Performance Bond
4-02. Material and Labor Bond
4-03. Defective Material and Workmanship Bond
4-04. Notification of Surety Companies
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ......................................................... 6
5-01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions
5-05. Acceptability of Insurers
5-06. Verification of Coverage
5-07. Subcontractors
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OAK MANOR JOINT TRENCH PROJECT iii Spec No. 18-07
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ......................................................... 8
6-01. Legal Address of Contractor
6-02. Office of Contractor at Site
6-03. Attention to Work
6-04. Liability of Contractor
6-05. Protection of Persons and Property
6-06. Protection of City Against Patent Claims
6-07. Protection of Contractor's Work Property
6-08. Regulations and Permits
6-09. Construction Utilities
6-10. Approval of Contractor's Plans
6-11. Suggestions to the Contractor
6-12. Termination of Unsatisfactory Subcontracts
6-13. Preservation of Stakes and Marks
6-14. Assistance to Engineer
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Errors and Omissions
6-18. Cooperation
6-19. Right of Contractor to Stop Work
6-20. Hiring and Dismissal of Employees
6-21. Wage Rates
6-22. Cleaning Up
6-23. Guaranty
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ........................................................................ 13
7-01. Authority of the Engineer
7-02. Inspection
7-03. Surveys
7-04. Rights-of-Way
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Additional Drawings by City
7-08. Additional and Emergency Protection
7-09. Suspension of Work
7-10. Right of City to Terminate Contract
7-11. Use of Completed Portions
SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT .............................................................. 15
8-01. General Quality
8-02. Quality in Absence of Detailed Specifications
8-03. Materials and Equipment Specified by Name
8-04. Source of Materials
8-05. Storage of Materials
8-06. Drawings, Samples and Tests
SECTION 9. PROSECUTION OF WORK ................................................................................................... 16
9-01. Equipment and Methods
9-02. Time of Completion
9-03. Avoidable Delays
9-04. Unavoidable Delays
9-05. Notice of Delays
9-06. Extension of Time
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OAK MANOR JOINT TRENCH PROJECT iv Spec No. 18-07
9-07. Unfavorable Weather and Other Conditions
9-08. Saturday, Sunday, Holiday and Night Work
9-09. Hours of Labor
SECTION 10. PAYMENT ............................................................................................................................. 17
10-01. Certification by Engineer
10-02. Progress Estimates and Payment
10-03. Substitution of Securities
10-04. Acceptance
10-05. Final Estimate and Payment
10-06. Delay Payments
10-07. Extra Work and Work Omitted
10-08. Compensation for Extra Work or Work Omitted
10-09. Compensation to the City for Extension of Time
10-10. Liquidated Damages for Delay
SECTION 11. MISCELLANEOUS ............................................................................................................... 20
11-01. Notice
11-02. Computation of Time
11-03 Claims Procedure Required by Public Contract Code Section 9204
11-04. Litigation and Forum Selection
11-05. Waiver
TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION .................................................................................................. 23
12-01. Location and Scope of Work
12-02. Arrangement of Technical Specifications
12-03. Arrangement of Plans
12-04. Business Licenses
12-05. Permits
12-06. Standard Specifications and Standard Plans
12-07. Temporary Facilities
12-08. Public Convenience and Safety
12-09. Maintaining Traffic
12-10. Stream Pollution
12-11. Warranties
12-12. Utilities
12-13. Preconstruction Conference
12-14. Safety Requirements
SECTION 13. CONSTRUCTION DETAILS ................................................................................................. 25
13-01. General Construction Notes
13-02. Backfill
13-04. Electric Conduit
13-05. AT&T Conduit
13-06. Existing Asphalt and Sidewalk
13-07. Conduit Stubs
13-08. Pull Line
13-09. Pad-mount Transformer Box
13-10. Primary Pedestal
13-11. Grounding
13-12. CATV Service Vaults
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OAK MANOR JOINT TRENCH PROJECT v Spec No. 18-07
13-13. AT&T Service Boxes
13-14. Inspections
13-15. City Provided Materials
13-16. City Provided Labor
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ................................................................. 27
14-01. Provisions to be Excluded from General Conditions
SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 27
15-01. Provisions of General Conditions to be Amended
CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST ...................................................................................................................... 28
PROPOSAL ............................................................................................................................................. 29
BIDDING SCHEDULE ................................................................................................................................... 30
FAIR EMPLOYMENT PRACTICES CERTIFICATION .................................................................................. 34
WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 35
CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................... 36
LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 37
STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 38
SIGNATURE OF BIDDER ............................................................................................................................. 39
BIDDER'S BOND .......................................................................................................................................... 40
NON-COLLUSION AFFIDAVIT ..................................................................................................................... 41
AGREEMENT ............................................................................................................................................. 42
INDEMNIFICATION AGREEMENT ............................................................................................................... 46
EXAMPLE BOND FORMS ............................................................................................................................ 47
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............. 51
DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................. 52
INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:
OAK MANOR DRIVE PROJECT PLAN SHEETS 1 THRU 5
SUPPLEMENTAL DRAWINGS:
311 2007
314 1008
317 2431
317 3001
AT&T GUIDELINES FOR CONDUIT
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OAK MANOR JOINT TRENCH PROJECT vi Spec No. 18-07
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
NOTICE TO BIDDERS FOR OAK MANOR JOINT TRENCH PROJECT, SPECIFICATION NO. 18-07
NOTICE IS HEREBY GIVEN that sealed standard proposals for OAK MANOR JOINT TRENCH PROJECT will be
received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m.
on Tuesday, February 5, 2019, at which time, or as soon thereafter as possible, they will be publicly opened and
read. Bids shall be addressed to the City Clerk and shall be endorsed JOINT TRENCH
Bids are required for the entire work described herein. No fax bids will be accepted.
Oak Manor Drive Joint Trench project includes trenching, backfilling, compacting, installing underground conduits
(electric, AT&T and Comcast), vaults, box pads, pedestals and pull boxes (installed by Contractor, provided by the
City). Cable and phone service boxes and vaults for an underground duct system. All work is to be done on Oak
Manor Drive, Oak Manor Court, El Rio and Yosemite Drive, in accordance with the plans and special provisions
therefore adopted, to which special reference is hereby made.
Plans and Special Provisions may be inspected and/or copies obtained
www.cityofukiah.com/purchasing. No bid will be considered unless it is made on the forms furnished by the City
and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by
law. Further information regarding the work or these specifications can be obtained by calling Mary Horger,
Procurement Manager at (707) 463-6233 or by email at mhorger@cityofukiah.com.
The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the
lowest responsive bid by a responsible bidder and which it deems in the best interest of the City to accept. The City
Council also reserves the right, but not the obligation, to waive any irregularity or failure to strictly comply with the
bidding requirements, that the City determines in the reasonable exercise of its discretion does not provide the
bidder with a competitive advantage over other bidders.
No contractor or subcontractor may be listed on a bid proposal for a public works unless registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5 except as allowed. under Labor
Code section 1771.1(a The prime contractor shall be responsible for posting job site notices as prescribed by
regulation. This project is subject to compliance monitoring and enforcement by the DIR.
Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California,
the DIR Director has ascertained the general prevailing rate of wages for straight time, overtime, Saturdays,
Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes
for the City of Ukiah. Copies of his General Prevailing Wage Determination are available on the Internet at web
address: http://www.dir.ca.gov/DLSR/PWD/ The prime contractor for the work herein shall possess a current, valid
State of California, Class A Contractor's License. Pursuant to California Public Contract Code §22300, this contract
includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of
the partial payments due the Contractor to insure performance under this contract.
By order of the City Council, City of Ukiah, County of Mendocino, State of California.
Dated:________________________ ________________________________________
Kristine Lawler, City Clerk, City of Ukiah, California
thth
PUBLISH TWO TIMES: January 9 and January 16, 2019
:
INSTRUCTIONS TO BIDDERS
OAK MANOR JOINT TRENCH PROJECT shall be performed in accordance with the Plans and Special Provisions
therefor adopted, to which special reference is hereby made.
Each bidder must supply all the information required by the bid documents and Special Provisions.
Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not
be discriminated against on the grounds of race, color or national origin in consideration for an award of any
contract entered into pursuant to this advertisement. Women will be afforded equal opportunity in all areas of
employment. However, the employment of women shall not diminish the standards or requirements for the
employment of minorities.
All proposals or bids shall be accompanied by a cashier's check or certified check payable to the order of the City of
Ukiah amounting to 10 percent of the bid, or by a bond in said amount and signed by the bidder and a corporate
surety, payable to said City. Said check shall be forfeited, or said bond shall become payable to said City in case
the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been
awarded to him: (a) enter into a contract with the City and (b) furnish certificates of insurance and endorsements, a
bond of faithful performance and a payment bond as described in the Special Provisions.
No bidder shall withdraw his or her bid for a period of thirty (30) calendar days after the date set by the City for the
opening thereof.
The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start
of any work.
The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as
scheduled.
The work is to be completed within thirty (30) calendar days. The Contractor will pay to the City the sum of five
hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed.
bid. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening,
or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written
protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which
may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City
Manager a written objection or other response to the protest.
All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the
City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City
Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all
timely written objections and responses. In accordance with the Brown Act, any person may address the City
Council on this item during the meeting. The City Council action on the protest shall represent a final decision by
the City on the protest.
Examination of Site, Drawings, Etc.
Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction
and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the
execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and
Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other
document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder
from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions
as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the
conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions
are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss
sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the
conditions actually revealed during the progress of the work or otherwise.
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OAK MANOR JOINT TRENCH PROJECT 1 Spec. No. 18-07
The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits
of the work or adjacent thereto, which may or may not be shown on the Drawings. Any bid shall take into
consideration that conditions may exist underground or otherwise that are not known to the City or easily detected
during a site inspection that could impact the time or cost of completing the project. The City expects the bids to
anticipate such conditions so that it can know for budgeting and other purposes the total cost to complete the
project before accepting a bid and undertaking the legal obligation to construct the project. In awarding the contract
the City relies on the
time or cost that such conditions may necessitate.
The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and
quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special
Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall
be considered conclusive evidence that the bidder has made such examination and has accepted the project
workplace as a safe workplace to perform the work of the Contract.
Bidder Inquiries and Questions
Inquiries and questions must be submitted in writing via fax or email to the following designated contact person:
Mary Horger, Procurement Manager
Fax: (707) 313-3621
Email: mhorger@cityofukiah.com
The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid
opening.
Location of the Work
All of the work to be performed is within the City of Ukiah. Project is located at Oak Manor Drive, Oak Manor Court,
Yosemite Drive, and El Rio Drive.
22
OAK MANOR JOINT TRENCH PROJECT 2 Spec. No. 18-07
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS
1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs
in these contract documents, it shall have and is mutually understood to have the meaning given:
a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through
its City Council or any other board, body, official or officials to which or to whom the power
belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain.
b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct
the work of construction under this contract, acting personally or through agents or assistants duly
authorized by him, such agents or assistants acting within the scope of the particular duties
entrusted to them.
c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or
appointed by the Engineer, limited to the particular duties entrusted to him or her or them.
d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance
of work covered by this contract and his or her authorized agents or legal representatives.
e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this
contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be
or shall have been delivered to the City or its duly authorized representatives.
f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of
twenty-four hours each.
g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the
contract to construct the improvement, including all alterations, amendments or extensions thereto
made by contract change order or other written orders of the Engineer.
h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which
may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed
and made a part of this contract by incorporation or reference, 2) all drawings submitted in
pursuance of the terms of this contract by the successful bidder with his or her proposal and by the
Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the
Engineer to the Contractor during the progress of the work as provided for herein.
i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be
understood that reference to the drawings accompanying these Special Provisions is made unless
stated otherwise.
Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be
understood that the direction, requirements, permission, approval or acceptance of the Engineer is
intended unless stated otherwise.
As used herein, "provide" or "install" shall be understood to mean "provide or install complete in
place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive.
1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the
Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be
assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the
character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans
involved.
1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both
in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her
address. If the bid is made by an individual or partner, his or her name and the post office address of his or her
23
business or partnership, along with his or her signature or the signature of one or more partners must be shown; if
OAK MANOR JOINT TRENCH PROJECT 3 Spec. No. 18-07
made by a corporation, the bid shall show the name of the state under the laws of which the corporation is
chartered, the name of the corporation and the title of the person who signs on behalf of the corporation.
Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are
warned against making erasures or alterations of any kind and proposals which contain omissions, erasures,
conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected.
1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for
the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized
representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right
of a bidder to file a new bid.
1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice
to bidders. Bidders or their agents are invited to be present.
1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond
executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10
percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work.
1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works
project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant
to Labor Code section 1725.5 \[with limited exceptions from this requirement for bid purposes only under Labor
Code section 1771.1(a)\]. No contractor or subcontractor may be awarded a contract for public work on a public
works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as
prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code
and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A
statement setting forth this experience and business standing shall be submitted by each bidder on the form
provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory
evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities
and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the
manner agreed.
In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or
his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like
nature and magnitude or comparable difficulty at similar rates of progress.
1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or
association, under the same or different names, will not be considered. Reasonable grounds for believing that any
bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or
she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in
such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected.
1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair
Practices Act (Public Contract Code Section 4100 and following) and shall set forth:
(a) The name and the location of the place of business of each subcontractor who will perform work or
labor, or render service to the prime contractor in or about the construction of the work, or to a
subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially
fabricates and installs a portion of the work according to detailed drawings contained in the plans and
Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid.
(b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list
only one subcontractor for each such portion defined by the prime contractor in his or her bid.
1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1
through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special
24
Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions.
OAK MANOR JOINT TRENCH PROJECT 4 Spec. No. 18-07
SECTION 2. AWARD AND EXECUTION OF CONTRACT
2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose
bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after
opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the
proposal not pertaining to cost.
2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed,
after which they will be returned upon request to the respective bidders whose bids they accompany.
2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and
returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after
written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one
copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the
required time, then the bid guaranty accompanying the bid shall be forfeited to the City.
SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order,
measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole
of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any
provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor
shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed
as cumulative.
3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the
judgement of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights
under this contract.
3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be
considered a part hereof and shall be subject to each and all of its terms and requirements.
3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written
consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment
which would relieve the original contractor or its surety of their responsibilities under the contract nor will the
Engineer consent to any assignment of a part of the work under the contract.
3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her
subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and
omissions of persons directly employed by him.
The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind
subcontractors to the terms of this Contract which are applicable to the work of subcontractors.
Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual
relationship between any subcontractor and the City and no action may be brought by any subcontractor against the
City based on this contract.
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings
are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special
Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the
Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the
Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the
drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from
scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it
appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in
these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such
25
OAK MANOR JOINT TRENCH PROJECT 5 Spec. No. 18-07
further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be
consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning
of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If
the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract
time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special
Provisions. Contracto attention is directed to Section 12-06 of the Technical Specifications regarding the
Standard Specifications and Standard Plans.
3-07. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them,
shall be personally responsible for any liability arising under this contract.
3-08. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject
to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6.
SECTION 4. BONDS
4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond
of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates
of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under
this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the
agreement.
4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of
a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of
deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in
the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish
materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through
3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof.
4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract,
the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent
(5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the
work, to protect the City against the results of defective materials, workmanship and equipment during that time.
This bond shall be delivered to the City before the final payment under this contract will be made.
4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the
conditions and provisions of this contract and they waive the right of special notification of any change or
modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the
contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure
to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their
obligation under this contract.
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS
(WITH CONSTRUCTION RISKS)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Contractor, his or her agents, representatives, employees or subcontractors.
5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Worker's Compensation insurance as required by the State of California and Employer's Liability
Insurance.
26
OAK MANOR JOINT TRENCH PROJECT 6 Spec. No. 18-07
4.
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 and property damage.
4. Course of Construction: Completed value of the project with no co-insurance penalty provisions.
5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall
provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
5-04. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as Additional Insured with
respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the
contractor; and with respect to liability arising out of work or operations performed by or on behalf of the
Contractor including materials, parts or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or
as a separate owner's policy.
2. The worker
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.
3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in
any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of
Section 2782 of Civil Code.
6. Course of Construction policies shall contain the following provisions:
a.) The City shall be named as loss payee.
b.) The insurer shall waive all rights of subrogation against the City.
27
OAK MANOR JOINT TRENCH PROJECT 7 Spec. No. 18-07
5-05. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following:
A++ VII A- VIII
A+ VII B++ X
A VII B+ X
5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City
or on other than the City's forms, provided those endorsements or policies conform to the requirements. All
certificates and endorsements are to be received within 15 days from written notice of contract award, and the work
shall not commence until the certificates and endorsements have been approved by the City. The City reserves the
right to require complete certified copies of all required insurance policies, including endorsements affecting the
coverage required by these Special Provisions at any time.
5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to
all of the requirements stated herein.
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR
6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the
vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other
articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of
any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the
Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may
be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be
deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or
communication to or upon the Contractor personally.
6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a
suitable office at the site of the work which shall be the headquarters of a representative authorized to receive
drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of
work in his or her absence shall be deemed to have been given to the Contractor.
6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to
the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she
shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey
all instructions or orders given under this contract and who shall have full authority to execute the same and to
supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The
Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her
authorized representative.
6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and
appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the
work herein required in the manner and within the time herein specified. The mention of any specific duty or liability
imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty
imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein
merely for the purpose of explanation.
The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the
Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the
work, shall not be lessened because of such general supervision.
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OAK MANOR JOINT TRENCH PROJECT 8 Spec. No. 18-07
Until the completion and final acceptance by the City of all the work under and implied by this contract, the work
shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make
good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature
whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise
stipulated.
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers,
directors, agents and employees from and against all claims, damages, losses and expenses including but not
limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary
private investigators arising out of or resulting from the performance of the work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction
of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in
whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is
caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein.
In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be
liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or
workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify
shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause
negligence.
The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the
amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the
whole or so much of the money due or to become due the Contractor under this contract as may be considered
necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or
otherwise disposed of and satisfactory evidence to that effect furnished to the City.
6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences,
warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent
damage or injury to persons or property.
All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they
are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents,
shall be restored to a condition as good as when he or she entered upon the work.
6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or
method that may be used upon or in any manner connected with the work under this contract shall be included in
the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all
of its officers, agents, servants and employees, harmless against any and all demands made for such fees or
claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish
acceptable proof of a proper release from all such fees or classes.
Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or
using any invention, article, material or appliance supplied or required to be supplied or used under this contract,
the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency,
quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the
Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article,
material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such
royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents,
servants and employees, or any of them, to use such invention, article, material or appliance without being
disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor
neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be
necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such
royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the
City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this
contract may have been made.
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OAK MANOR JOINT TRENCH PROJECT 9 Spec. No. 18-07
6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and
materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause
whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its
agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work
of the Contractor.
6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply
with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the
Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify
the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the
work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business
License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform
work within City right of way or within City property after the Contract Documents have been executed and
insurance certificates and endorsements have been approved by the City.
6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work
under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines,
fences, roads, watchmen, suitable storage places, etc.
6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work
proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her
responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City
or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the
failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to
mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the
plan or method approved.
6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor,
but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk
and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof.
6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory
manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon
notice from the Engineer.
6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points
and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks
and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.
-03 of these Special Provisions.
6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her
force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and
surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance
will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and
marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor.
6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work,
without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work
and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after
the service of a written notice from the Engineer, the condemned material or work may be removed by the City and
the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on
account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by
the Contractor under this Contract.
6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has
complied with the requirements of this contract, not readily enforceable through inspection and tests of the work
and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated
documents or other satisfactory proofs as to his or her compliance with such requirements.
2:
OAK MANOR JOINT TRENCH PROJECT 10 Spec. No. 18-07
6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or
in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and
the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer
shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's
risk.
6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in
behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done
under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her
own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or
her hands.
Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor
and workmen of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the
Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall
on that account have no claim against the City other than for an extension of time.
6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he
or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and
recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to
the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer.
(1) If the work is stopped under an order of any court or other competent public authority for a period
of time of three (3) months through no act or fault of the Contractor or of anyone employed by him.
(2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of
this contract.
(3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as
provided by the terms of this contract, any sum certified by the Engineer or awarded by the City.
All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after
the alleged existence of such condition and if written notice of such action be not at that time delivered to the City
and the Engineer, then such right shall lapse until another occasion arises according to this section.
6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and
laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the
Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly,
or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the
work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately from the
work and shall not be re-employed upon it except with the consent of the Engineer.
6-21. Wage Rates.
1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work
unconditionally and without subsequent deductions or rebate on any account the full amounts due at the
time of payment at wage rates not less than those contained in the applicable prevailing wage
determination, regardless of any contractual relationship which may be alleged to exist between the
Contractor and subcontractors and such laborers and mechanics.
2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section
1775, Contractor shall forfeit as a penalty to the Owner, $50.00 (or the higher minimum penalty as provided
in Section 1775(B)(ii) (iii)) for each calendar day or portion thereof, for each workman paid less than the
stipulated prevailing rates for such work or craft in which such workman is employed for any work done
under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of
the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty
and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the
amount paid to each workman for each calendar day or portion thereof for which each workman was paid
less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor.
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OAK MANOR JOINT TRENCH PROJECT 11 Spec. No. 18-07
3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has
ascertained the general prevailing rate of wages (which rate includes employer payments for health and
welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work.
The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining
agreement of the particular craft, classification or type of workmen concerned. Copies of the General
Prevailing Wage Determination are available on the Internet at web address:
http://www.dir.ca.gov/DLSR/PWD The Contractor shall post the wage determination at the site of work in a
prominent place where it can easily be seen by the workers.
4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in
excess of the prevailing wage rate obtained by the Contractor. The possibility of wage increases is one of
the elements to be considered by the Contractor in determining his or her bid and will not in any
circumstances be considered as the basis for a claim against the City.
5. The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time
require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE.
Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish
electronic certified payroll records directly to the DLSE.
6. Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to each workman needed to execute the
work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880,
Statutes of 1968).
7. Apprentices.
Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and
1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor
or any subcontractor under him. Contractor and any subcontractor under him or her shall comply
with the requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be
obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship,
San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste
material, but shall maintain the same in a neat and orderly condition throughout the construction period. The
Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of
disposal.
On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits,
pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall
remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class
condition.
6-23. Guaranty. All work shall be guarantied for a period of one year from the date of acceptance by the City. The
Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment.
The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the
Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid
repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause
serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall
pay the costs thereof.
Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective
Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be
effective for a period of one (1) year after the completion and acceptance of the work.
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OAK MANOR JOINT TRENCH PROJECT 12 Spec. No. 18-07
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY
7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and
shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work
included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount,
quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this
contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions
and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of
quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all
work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters
shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or
claim any money or other compensation under this agreement and a condition precedent to any liability on the part
of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in
consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall
perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer.
7-02. Inspection. The City will provide engineering personnel for the inspection of the work.
The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation
or progress and the Contractor shall provide proper facilities for such access and inspection.
If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be
specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and,
if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the
Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without
approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and
properly restored at the Contractor's expense.
Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the
Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re-
examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall
pay such cost.
Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to
the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions
of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to
report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come
to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her
supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has
determined and ordered that the work may proceed in due fulfillment of all contract requirements.
7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make
sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope
stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or
she may desire to facilitate his or her methods and sequence of construction.
7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work
will be performed by the Contractor under this contract.
7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall
prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same
shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall
have the right and authority to retain such work instead of requiring the imperfect work to be removed and
reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the
Contractor as may be just and reasonable.
7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or
corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or
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OAK MANOR JOINT TRENCH PROJECT 13 Spec. No. 18-07
materials herein contemplated, or any part thereof, either before or after the beginning of construction. However,
the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not
exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a
supplementary agreement to be made therefore.
The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by
the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work
as changed and the value of such change shall be determined as provided for in section 10-07 of these Special
Provisions.
Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is
necessarily affected by such alterations and is clearly the evident intention of the parties to this contract.
7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are
intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these
drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the
work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the
contract drawings and the Contractor shall make his or her work conform to all such drawings.
7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not
taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this
contract, or of adjacent structures or property which may be injured by the processes of construction on account of
such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be
considered necessary in order to protect public or private, personal or property interest, then and in that event, the
Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing
such work to be done and such material to be furnished as shall provide such protection as the Engineer may
consider necessary and adequate.
The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same
shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to
become due the Contractor.
The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor
from any damages which may occur during or after such precaution has been taken by the Engineer.
7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days
written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date
fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for
expense incurred by the Contractor in connection with the work under this contract as a result of such suspension.
If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give
notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice
to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled
to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of
the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit.
7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she
should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on
account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in
cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if
he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard
laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision
of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action,
may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice,
terminate the employment of the Contractor and take possession of the premises and of all materials, tools and
appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor
shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract
price shall exceed the expense of finishing the work, including compensation for additional managerial and
administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid
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OAK MANOR JOINT TRENCH PROJECT 14 Spec. No. 18-07
balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided
and the damage incurred through the Contractor's default, shall be certified by the Engineer.
7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or
partially completed portions of the work, notwithstanding the time for completing the entire work or such portions
which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work
not completed in accordance with the contract documents. If such prior use increases the cost of or delays the
work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer
may determine.
SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT
8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved.
Work shall be done and completed in a thorough and workmanlike manner.
8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the
Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are
set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in
the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual
standards for first-class materials or articles of the kind required, with due consideration of the use to which they
are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the
best standard of construction and equipment of the work as a whole or in part.
8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or
specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered
as used for the purpose of describing the material or equipment desired and shall be considered as followed by the
words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every
respect to that specified, provided that written approval first is obtained from the Engineer.
8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for
supplies grown, manufactured or produced in the State of California and, next, for such products partially produced
in this State in accordance with Government Code Section 4332.
8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for
the work. They shall be so located and disposed that prompt and proper inspection thereof may be made.
8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall
submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings
to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these
Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is
acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned
with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for
damages or for extension of time on account of any delay due to the revision of drawings or rejection of material.
Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After
approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications
given without the written consent of the Engineer.
When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in
connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such
quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with
information as to their sources.
All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses,
or examination before the time at which it is desired to incorporate the material into the work. All tests of materials
furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever
necessary to determine the quality of the material.
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OAK MANOR JOINT TRENCH PROJECT 15 Spec. No. 18-07
SECTION 9. PROSECUTION OF WORK
9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools,
machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything
described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any
part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the
Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he
or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall
comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue
such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the
work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety,
adequacy and efficiency of his or her plant, equipment and methods.
9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete
and make ready for full use all portions of the project made the subject of this contract within the time set forth in
the agreement bound herewith.
9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays
which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the
Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the
prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay
the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2)
reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the
making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the
prosecution of the work on account of the reasonable interference of other contractors employed by the City which
do not necessarily prevent the completion of the whole work within the time herein specified.
9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract
shall include all delays which may result, through cause beyond the control of the Contractor and which he or she
could not have provided against by the exercise of care, prudence, foresight and diligence. Orders issued by the
City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the
work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract
with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's
completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as
unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the
location of the work and time of year may be considered as unavoidable delays if those conditions necessarily
cause a delay in the completion of the work.
9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any
event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or
she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that
the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this
cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it
continues and to what extent the prosecution and completion of the work are to be delayed thereby.
9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein
defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said
delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for
delay shall not be charged against the Contractor by the City during an extension of time granted because of
unavoidable delay or delays.
Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice
delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said
written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim
and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer
specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and
incorporated into a written change order.
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OAK MANOR JOINT TRENCH PROJECT 16 Spec. No. 18-07
9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the
Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work
whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while
these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall
be able to overcome them.
The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him
or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather
day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4)
continuous hours within the authorized work period or a temperature day where the ambient temperature is below
that specified for the placement of materials associated with the controlling work item for more than four (4)
continuous work hours of the authorized work period.
9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7
a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and
protection of work already performed, or except in cases of absolute necessity and in any case only with the
permission of the Engineer.
It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she
first obtains the written permission of the Engineer and that such permission may be revoked at any time by the
Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and
to justify inspection of the work.
9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any
subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him
or her in the performance of the work under this contract, unless paying compensation for all hours worked in
excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the
City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the
contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or
mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to
1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts
amendatory thereof.
SECTION 10. PAYMENT
10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of
certificates in writing from the Engineer and shall show that the work covered by the payments has been done and
the payments thereof are due in accordance with this contract.
10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month,
make an estimate of the value of the work performed in accordance with this contract during the previous calendar
month.
The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements
of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work
satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the
Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next
and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said
estimate, until such time as the compliance with the program has been restored.
The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the
Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work
satisfactorily performed and complete in place.
10-03. Substitution of Securities.
1. At such times that Pubic Contract Code Section 22300 is in effect Contractor may propose the substitution of
securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract.
Market value shall be determined as of the day prior to the date such substitution is to take place. Such substitution
37
OAK MANOR JOINT TRENCH PROJECT 17 Spec. No. 18-07
shall be made at the request and expense of the Contractor. The securities shall be one or more of the following
types:
(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and
credit of the United States are pledged for the payment of principal and interest.
(b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a
federal agency of the United States.
(c) Bonds of the State of California, or those for which the faith and credit of the State of California are
pledged for the payment of principal and interest.
(d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan
water district, California water district, California water storage district, irrigation district in the State of
California, municipal utility district, or school district of the State of California, which are rated by Moody's or
Standard and Poor as A or better.
(e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations
issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan
Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives
and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or
debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act;
and stock, bonds, debentures and other obligations of the Federal National Mortgage Association
established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage
Corporation.
(f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates
such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within
the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3)
approved by the Pooled Money Investment Board of the State of California. Purchases of eligible
commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the
outstanding paper of an issuing corporation.
(g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as
acceptances, which are eligible for purchase by the Federal Reserve System.
(h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association.
(i) The portion of bank loans and obligations guaranteed by the United States Small Business
Administration or the United States Farmers Home Administration.
(j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the
Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student
Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972,
as amended (20 U.S.C. 1087-2).
(k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development Bank, or the Government
Development Bank of Puerto Rico.
(l) Bonds, debentures and notes issued by corporations organized and operating within the United States.
Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating
service.
2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for
transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or
paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the
contract.
38
OAK MANOR JOINT TRENCH PROJECT 18 Spec. No. 18-07
The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole
judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the
Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon
request by City or the escrow agent.
3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure
performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and
executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify,
among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or
withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of
moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by
the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to
enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to
gain immediate possession of the cash.
10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole
shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of
the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual
completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by
the City Council.
10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the
work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof.
Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the
Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom
all previous payments and such other lawful amounts as the terms of this contract prescribe.
In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with
the County Recorder.
10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the
City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for
damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per
annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any
monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work
was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day
after acceptance to the date of payment of the final estimate.
The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as
evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the
amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become
due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the
terms of this contract, the City is authorized to reserve or retain.
10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this
contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added
work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount
of work to be done, such subtracted work shall be known as "work omitted".
When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the
Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed
and shall make claim for compensation therefor each month not later than the first day of the month following that
in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of
materials and labor used and expenses incurred on account of extra work performed, showing allocation of all
materials, labor and expenses.
All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing
the work on account of which claim is made. Unless such notification is made in writing within the time specified
39
and unless complete statements of materials used and expenses incurred on account of such extra work are
OAK MANOR JOINT TRENCH PROJECT 19 Spec. No. 18-07
furnished as above required, the Contractor shall not be entitled to payment on account of extra work and
Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra
work.
When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account
of anticipated profits on the work that may be omitted.
10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in
the work under this contract change the amount of work to be done or the amount of compensation due the
Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable
quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the
City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an agreement
in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-
1.03 D, "Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications.
This method of determining the price of work shall not apply to the performance of any work which is required or
reasonably implied to be performed or furnished under this contract.
10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not
completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the
time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor
and to deduct from the final payment for the work the actual cost to the City of engineering, inspection,
superintendence and other overhead expenses which are directly chargeable to the contract and which accrue
during the period of such extension, except that the cost of final unavoidable delays shall not be included in such
charges.
10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and
that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other
than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable
to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor
will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar day's delay
beyond the time prescribed.
SECTION 11. MISCELLANEOUS
11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer
of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid,
to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the
date of delivery stated in the return receipt.
11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall
be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be
omitted from the computation.
11-03. Claims Procedure Required by Public Contract Code Section 9204. This section shall apply to any claim
by the Contractor arising in connection with this project in accordance with Public Contract Code Section 9204.
a. For purposes of this section "Claim" means a separate demand by the Contractor sent by registered mail or
certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed
by the City under this contract.
(B) Payment by the City of money or damages arising from work done by, or on behalf of, the Contractor
pursuant to this contract and payment for which is not otherwise expressly provided or to which the Contractor is
not otherwise entitled.
3:
OAK MANOR JOINT TRENCH PROJECT 20 Spec. No. 18-07
(C) Payment of an amount that is disputed by the City.
b.
(1)
(A) Upon receipt of a claim pursuant to this section, the City shall conduct a reasonable review of
the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying
what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and the
contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The Contractor shall furnish reasonable documentation to support the claim.
(C) If the City needs approval from its governing body to provide the Contractor a written
statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not
meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by
registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly
publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant
a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within
60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph (3) shall
apply.
(2)
(A) If the Contractor disputes the City's written response, or if the City fails to respond to a claim
issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal
conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by
registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference
within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the
claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement
identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on
an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its
written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to
nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and
Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has
been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those
mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each
party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral
mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable
procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not
limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the
parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall
conform to the timeframes in this section.
(D) Unless otherwise agreed to in writing by the City and the Contractor, the mediation conducted
pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate
after litigation has been commenced.
(3) Failure by the City to respond to a claim from the Contractor within the time periods described in this
subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed
rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or
its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard
to the merits of the claim or the responsibility or qualifications of the Contractor.
41
OAK MANOR JOINT TRENCH PROJECT 21 Spec. No. 18-07
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per
annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public
entity because privity of contract does not exist, the Contractor may present to the public entity a claim on behalf of
a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf
or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the
subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the
claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days
of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor
presented the claim to the public entity and, if the original contractor did not present the claim, provide the
subcontractor with a statement of the reasons for not having done so.
c. A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1)
upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the
commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable
change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this
section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and
procedures set forth in this section.
11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the
enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the
work shall be brought in Mendocino County and that venue will lie in Mendocino County.
Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to the
propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern
any such litigation.
The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder
to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed
upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and
shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which
are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the
contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the
contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All
warranties and guaranties made in the contract document shall survive final payment and termination or completion
of this contract. The City disclaims an express or implied warranty that the plans and specifications identify all site
conditions that could affect the time or cost to complete the Work.
11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the
City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not
be deemed a waiver of a subsequent breach.
42
OAK MANOR JOINT TRENCH PROJECT 22 Spec. No. 18-07
TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. Location and Scope of Work. All of the work to be performed is within the City of Ukiah and consists of
trenching, installing conduit, box pads, pedestals, pull boxes and vaults. General locations of the work are in the
street and back of walk per the drawing.
The Contractor should familiarize himself with the local conditions of the project sites. Failure to do so will in no
way relieve him of the responsibility for performing any of the work or operations required as a part of this contract.
Further information regarding the work or these specifications can be obtained from Mary Horger at (707) 463-
6233.
12-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections
covering the various phases of work as follows:
Section No. Title
12 General Information
13 Construction Details
14 Exclusions from General Conditions
15 Amendments to General Conditions
12-03. Arrangement of Plans. General locations and linear quantities of the work are shown in Appendix "A". A
map will be provided to the successful bidder showing the exact locations of the work to be done.
12-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of
Ukiah Business License prior to the start of any portion of the work.
12-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work.
12-06. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the
California State Department of Transportation, 2015, are hereby made a part of these Special Provisions and are
hereinafter referred to as "California Standard Specifications" and "California Standard Plans."
Whenever in the California Standard Specifications and the California Standard Plans the following terms are used,
they shall be understood to mean and refer to the following:
Department of Transportation - The City Council.
Director of Public Works - The City of Ukiah Director of Public Works.
Engineer - The Engineer, designated by the City Council, acting either directly or through properly authorized
agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the
contract.
State - The City of Ukiah
Other terms appearing in the California Standard Specifications and the California Standard Plans shall have the
intent and meaning specified in Section I, Definition of Terms of the California Standard Specifications.
In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as
follows:
43
1. (City) Special Provisions
OAK MANOR JOINT TRENCH PROJECT 23 Spec. No. 18-07
2. (City) Project Plans
3. City Standard Plans and Details
4. California Standard Plans
5. California Standard Specifications
12-07. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said
facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to
existing facilities which are a result of the work.
12-08. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least
possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such
flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian
walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in
progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of
pedestrian and vehicular traffic to safely and expeditiously pass the work.
12-09. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety,"
7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications.
Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to
pass through the work with as little inconvenience and delay as possible.
Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items
of work and no additional compensation will be made.
12.10. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or
silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve
him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other
applicable statutes relating to pollution prevention or abatement.
12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work
performed under this contract for a period of one year from the date of final acceptance. He shall replace promptly
and at his own expense any materials and/or workmanship which fail during this warranty period.
12-12. Utilities. No water, sewer or electrical services will be provided by the owner. It is the Contractor's sole
responsibility to arrange such services as necessary.
12-13. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to
commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and
procedures of each of the interested parties to assure that the project will be completed in accordance with the
contract documents.
12-14. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor
"Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications
thereto, in effect during construction of this project.
44
OAK MANOR JOINT TRENCH PROJECT 24 Spec. No. 18-07
SECTION 13 - CONSTRUCTION DETAILS
13-01. General Construction Notes. Contractor shall complete all trenching, backfill and compaction to be done
per City of Ukiah specification.
1. Electrical substructure including conduit, grounding box pad installations pedestal installations, secondary
pull boxes and streetlight boxes shall be inspected prior to backfill of any excavation. The contractor shall
notify the Electric Utility 48 hours in advance of any inspection to be performed outside of the normal
workday (Monday through Thursday 6 AM to 4:30 PM). Contractor shall pay all overtime premiums
associated with inspections or City involved work outside the normal workday.
2. All conduit shall be proved in a manner acceptable to the City of Ukiah Electric Department. Conduit shall
be free of dirt, rocks or other obstructions which could prevent, hinder or harm the installation of electric
cable. Conduits shall be joined using a medium body, clear, electrical conduit PVC solvent cement
approved by the Electric Department. All PVC couplings shall be long line couplings.
3. Trench depth and locations may have to be adjusted slightly in the field to avoid existing facilities.
4. Contractor is to be responsible for condition for all substructures (for example, trench settlement, damaged
substructures, etc.) until one year after the date of completion.
5. The contractor shall do NO excavating until all utility agencies have been given the opportunity to mark the
facilities in the field.
located.
USA North
811 Or 1-800-227-2600
www.usanorth.org
Call Monday through Friday 6:00 AM -7:00 PM
6. The contractor shall pothole all underground utilities locations to determine exact depth and location prior
to trenching.
7. All trenches shall be backfilled and compacted to
8. Standard interlocking conduit spacers that provide a separation of 2 inches (min) between conduit shall be
used, where specified. Spacers shall be placed 5 inches apart (max) or where conduit transitions are
made.
9. All landscapes shall be returned to like or better than the condition they were found.
10. The contractor shall notify all residents and businesses 48 hours in advance of any construction or
disruption of traffic flow impacting the property and any driveways.
13-02. Backfill. Contractor shall backfill all conduits with clean sand to a minimum of 3 inches above the level of
conduits.
13-03. Electric Conduit. All Electric conduits shall be PVC schedule 40, grey in color. (See City of Ukiah
Electrical Construction Standards 314 1007 and 311 2007). All Electric conduit 90-degree elbows shall be PVC
schedule 80 and have a minimum radius as follows:
A. 6 inch 48 inches
B. 4 inch 36 inches
C. 3 inch 24 inches
Pole
13-04. CATV Conduit. All CATV (Comcast) conduit shall be PVC schedule 40, white in color, and marked CATV
every 5 feet. All CATV conduit 90 degree elbows to have a minimum radius of:
A. 2 & 3 inch 24 inches
B. 1 inch 18 inches
13-05. AT&T Conduit. All AT&T conduit shall be PVC schedule 40, white or gray in color. All AT&T conduit 90-
degree elbows shall have a minimum radius of 24 inches.
13-06. Existing Asphalt and Sidewalk. Contractor shall remove and replace existing asphalt and sidewalk as
45
required to install conduits and related equipment.
OAK MANOR JOINT TRENCH PROJECT 25 Spec. No. 18-07
13-07. Conduit Stubs. All conduit stubs for future electric, phone and cable shall be securely capped. Electric
stubs shall be capped and marked with an electric marking device (Greenlee Unimarker). One marker shall be
placed for each type of conduit(s) using the uniform color code.
13-08. Pull Line. Contractor shall prove and install pull line (Mule Tape) for the entire length in all conduits
(Electric, CATV, and AT&T).
13-09. Pad-mount Transformer Box. Contractor shall install pad-mount transformer box pad per City of Ukiah
specification 317 2431.
13-10. Primary Pedestal. Contractor shall install primary pedestal per City of Ukiah specification 317 3001.
13-11. Grounding. All grounding shall be completed per City of Ukiah Electrical standard 311 2007, 314 1007
and 314 1008 and shall be used in any and all primary pedestals, transformer box pads, secondary and primary pull
boxes and at the pole riser locations.
13-12. CATV Service Vaults. Contractor shall provide and install CATV SERVICE VAULTS- Shall be N30, N36 &
ervice boxes shall be Old Castle Precast and marked CABLE
TV. The cover shall be reinforced concrete lid. Conduit service entry shall meet CATV requirements.
13-13. AT&T Service Boxes. Contractor shall provide and install all AT&T SERVICE BOXES. All boxes shall be
Jensen Precast K243630AT with H-20 traffic rated non-skid covers or approved equal.
13-14. Inspections. Inspections shall be done by City of Ukiah Electric Utility personnel. To schedule an
inspection, call (707) 467-5775.
13-15. City Provided Materials. The City of Ukiah Electric Utility will be furnishing the following materials for this
project:
A. All primary cable, primary cable terminations, and associated equipment for connections.
B. Padmount Transformer Box Pad.
C. Primary Pedestals.
D. Secondary Service Boxes.
E. Street Light Boxes.
13-16. City Provided Labor. The City of Ukiah Electric Utility will be furnishing the following labor for this project:
A. Standby, observe and monitor the Contractor with the installation of all conduit into any energized
equipment.
46
OAK MANOR JOINT TRENCH PROJECT 26 Spec. No. 18-07
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS
14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the
General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby
excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though
entirely omitted from said General Conditions:
(1) Section 6-02. Office at the Site
(2) Section 7-03. Surveys
No other exclusions.
SECTION 15. AMENDMENTS TO GENERAL CONDITIONS
15-01. Sections of General Conditions to be Amended.
The following designated sections of the Special Provisions are hereby amended to read as follows:
No amendments.
47
OAK MANOR JOINT TRENCH PROJECT 27 Spec. No. 18-07
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 31)
Unit prices filled out clearly.
Extended prices filled out clearly and calculated correctly
Total bid amount filled out clearly and calculated correctly
Sign the proposal, and provide complete information
CLSB No. and expiration date
Department of Industrial Relations Public Works Contractor Registration Number
o Fair Employment Practices Certification (Page 34)
Filled out completely per instruction
o (Page 35)
Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page36)
Filled out completely per instruction
o List of Proposed Subcontractors (Page 37)
Filled out completely per instruction
o Statement of Experience (Page 38)
o Signature of Bidder (Page 39)
Filled out completely per instruction
Authorized signature provided
o (Page 40)
Filled out completely per instruction
o Non-Collusion Affidavit (Page 41)
Filled out completely per instruction
Notarized
o Addenda Issued
Signed and Returned
48
OAK MANOR JOINT TRENCH PROJECT 28 Spec. No. 18-07
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
OAK MANOR JOINT TRENCH PROJECT
Specification No. 18-07
The undersigned, as bidder,
declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal
is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the
interest of public officers in this contract have been complied with in every respect.
AND he or she proposes and agrees, if this proposal is accepted,
1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the
copy of the agreement herein contained
a) to provide all necessary machinery, tools, apparatus and other means of construction;
b) to furnish all materials;
c) to provide all superintendence, overhead expenses and all labor and expenses of whatever
nature necessary to complete the job in conformity with the specifications and drawings and
other contract provisions herein or reasonably implied hereby or as necessary to complete the
work in the manner and within the time named herein and according to the requirements and to
the reasonable satisfaction of the City Engineer;
d) to pay all charges of freight transportation and hauling;
2) that he or she indemnifies the City against any loss or damage arising from any act of the
undersigned as Contractor; and
3) that he or she will accept as full payment therefor the following sums:
49
OAK MANOR JOINT TRENCH PROJECT 29 Spec. No. 18-07
BIDDING SCHEDULE
In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail;
provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any
reason, or is omitted, or in the case of lump sum items, is not the same amount as
1.
2. As to unit basis items
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 en the sum of
the items in the items
shall prevail. The bid comparison will be based on the sum of the items in the
The Unit prices for the various Construction Items below include all costs associated with the General Conditions,
Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for
each specific Construction Item in accordance with the Construction Documents, including all elements, work
components, accessories, and connections, shown in applicable details or required to yield a complete, sound and
functional component or system appropriate for its intended function, whether or not such is specifically described
or listed in any description of measurement or payment. The total amount of the Construction items below shall
represent the total and complete cost of the fully functional Project. All work not specifically listed below be
required to complete the work of the various construction items and the cost of such shall be considered as
included throughout the various unit prices indicated.
Lowest bid will be based on the lowest Base Bid.
4:
OAK MANOR JOINT TRENCH PROJECT 30 Spec. No. 18-07
NAME OF BIDDER:
SPEC #: 18-07
PROJECT NAME: OAK MANOR JOINT TRENCH PROJECT
ITEMDESCRIPTION UNIT OF QUANTITY UNIT PRICE TOTAL
# MEASURE
1 LF $__________ $________________
120
street trench)
2 LF $__________ $________________
313
street trench)
3 LF $__________ $________________
1139
street trench)
Remove and replace asphalt concr
4 SF $__________ $________________
120
5 SF $__________ $________________
469.5
6 SF $__________ $________________
2278
40 Conduit (Comcast) including
7 FT $__________ $________________
5500
installation
FT
8 $__________ $________________
60
installation
FT
9 $__________ $________________
500
installation
FT
10 $__________ $________________
3260
installation
FT
11 $__________ $________________
1023
(Electric)
duit including installation FT
12 $__________ $________________
2283
(Electric)
FT
13 $__________ $________________
1322
(Electric)
Sidewalk removal and replacement for installation of
14 SF $__________ $________________
700
electric, cable & AT&T vaults and boxes
Excavate, backfill, compact and install cable service
15 EA $__________ $________________
5
vaults B48 (Comcast)
Excavate, backfill, compact and install cable service
16 EA $__________ $________________
3
vaults N36 (Comcast)
51
OAK MANOR JOINT TRENCH PROJECT 31 Spec. No. 18-07
Excavate, backfill, compact and install cable service
5
17 vaults N30 (Comcast) $__________ $________________
EA
Excavate, backfill, compact and install cable service
18 $__________ $________________
4
vaults 24x36x24 (AT&T) EA
Excavate, backfill, compact and install cable service
19 $__________ $________________
7
vaults 36x48x36 (AT&T) EA
Excavate, backfill, compaction and install pedestal (City
20 $__________ $________________
4
to provide) EA
Excavate, backfill, compaction and install transformer
21 $__________ $________________
2
box pad (City to provide) EA
7
Excavate, backfill, compaction and install secondary
22 $__________ $________________
service box (City to provide) EA
Landscape removal and replacement residents
23 LS 3 $__________ $________________
property and school property (3 locations)
Install streetlight boxes
24 EA $__________ $________________
2
Traffic Control (30 days, 2 people)
25 HR $__________ $________________
480
$________________
TOTAL BID ==>>
We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to
determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it
deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be
accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen
(15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to
contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this
proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said
guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying
this proposal shall be returned to the undersigned.
Witness our hands this day of ___________________, 20____.
Licensed in accordance with an act providing for the registration of California Contractors License No.
___________, expiration date _____________.
THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER
PENALTY OF PERJURY.
Department of Industrial Relations Public Works Contractor Registration Number: _____________________
52
OAK MANOR JOINT TRENCH PROJECT 32 Spec. No. 18-07
Signature of bidder or bidders, with business name, address, phone number and fax number:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and
addresses of the President, Secretary, Treasurer.
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
53
OAK MANOR JOINT TRENCH PROJECT 33 Spec. No. 18-07
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.
OAK MANOR JOINT TRENCH PROJECT
________________________________________________________________
(Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)
54
OAK MANOR JOINT TRENCH PROJECT 34 Spec. No. 18-07
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:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
55
OAK MANOR JOINT TRENCH PROJECT 35 Spec. No. 18-07
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.)
56
OAK MANOR JOINT TRENCH PROJECT 36 Spec. No. 18-07
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
SUBCONTRACTOR
SUBCONTRACTOR SUBCONTRACTOR DIR DESCRIPTION
BUSINESS
NAME LICENSE NUMBER REGISTRATION OF WORK
ADDRESS
NUMBER
57
OAK MANOR JOINT TRENCH PROJECT 37 Spec. No. 18-07
STATEMENT OF EXPERIENCE OF BIDDER
The bidder is required to state below what work of similar magnitude or character he or she has done and to give
references that will enable the City Council to judge of his or her experience, skill and business standing and his or
her ability to conduct work as completely and rapidly as required under the terms of the contract.
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
58
OAK MANOR JOINT TRENCH PROJECT 38 Spec. No. 18-07
SIGNATURE(S) OF BIDDER
Accompanying this proposal is ___________________________________
(insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at
least 10 percent of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation
and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true
name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested
person is an individual, provide the first and last names in full.
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Licensed in accordance with an act providing for the registration of Contractors:
License No. ______________________________, License Expiration Date .
Signature(s) of Bidder: ______________________________________________
______________________________________________
______________________________________________
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with
the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a
co-partnership, the true name of the firm shall be set forth above together with the signature of the partner
or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or
her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with
the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as
irregular and unauthorized.
Business address: ___________________________________________________
___________________________________________________
Place of residence: ___________________________________________________
___________________________________________________
Dated: __________________
59
OAK MANOR JOINT TRENCH PROJECT 39 Spec. No. 18-07
CITY OF UKIAH
Mendocino County, California
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, ______________________________________________________________
________________________________________________________________, as PRINCIPAL and
________________________________________________________________
________________________________________________________________, as SURETY,
are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF
THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the
work described below, for the payment of which sum in lawful money of the United States, well and truly to be
made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators
and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder
exceed the sum of $____________________
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain
construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah
Civic Center, Ukiah, California, on February 5, 2019 for OAK MANOR JOINT TRENCH PROJECT.
NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required
under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written
contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to
guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law,
then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of ________________,
A.D. 20_____.
__________________________________________________(Seal)
__________________________________________________(Seal)
__________________________________________________(Seal)
Principal
__________________________________________________(Seal)
__________________________________________________(Seal)
__________________________________________________(Seal)
Surety
Address: __________________________________________________________
__________________________________________________________
__________________________________________________________
5:
OAK MANOR JOINT TRENCH PROJECT 40 Spec. No. 18-07
NON-COLLUSION AFFIDAVIT
Note: Bidder shall execute the affidavit on this page prior to submitting with his or her bid.
To City Council, City of Ukiah:
The undersigned in submitting a bid for performing OAK MANOR JOINT TRENCH PROJECT by contract, being
duly sworn, deposes and says:
that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion,
or otherwise taken any action in restraint of free competitive bidding in connection with such contract.
__________________________________________________
__________________________________________________
__________________________________________________
Signature(s) of Bidder
Business Address: __________________________________________________
__________________________________________________
__________________________________________________
Place of Residence: __________________________________________________
__________________________________________________
__________________________________________________
NOTARIZATION
Subscribed and sworn to before me this ______ day of _________, 20____.
__________________________________________________
Notary Public in and for the County of______________________________, State of California.
My Commission Expires ________________________, 20 ____.
61
OAK MANOR JOINT TRENCH PROJECT 41 Spec. No. 18-07
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
OAK MANOR JOINT TRENCH PROJECT
Specification No. 18-07
THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah,
Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the
Contractor,
WITNESSETH:
WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract
documents for the work herein described and shown and has approved and adopted these contract documents,
specifications and drawings and has caused to be published in the manner and for the time required by law a notice
to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal
accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction
of the proposed work in accordance with the terms of this contract and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the
proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular
responsible bidder for the work and for the sums named in the proposal,
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
Article 1. Work to be Done and Contract Days Allowed.
That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall
furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary
for completion of the work in conformity with the Special Provisions and other contract documents hereto attached
and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within
thirty (30) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that
the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of
counting contract days, however, in no event shall the Contractor start work without giving notification to the
Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or
without having submitted certificates of insurance that have been accepted and approved by the Engineer
OAK MANOR JOINT TRENCH PROJECT 42 Spec. No. 18-07
62
Article II. Contract Prices.
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete
performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full
compensation for all material and appliances necessary to the work, for all labor and use of tools and other
implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the
nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may
be encountered in the prosecution of the work; for all risks of every description connected therewith; for all
expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses
incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and
the requirements of the City.
Article III. Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race,
color, national origin or ancestry, or religion of such persons and every contractor for public works violating
this section is subject to all the penalties imposed for a violation of this chapter."
In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment
because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action
to ensure that applicants are employed and that employees are treated during employment without
regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the awarding authority setting
forth the provisions of this Fair Employment Practice section.
(b) The Contractor will send to each labor union or representative of workers with which he or she has a
collective bargaining agreement or other contract or understanding, a notice, to be provided by the
awarding authority, advising the said labor union or worker's representative of the Contractor's
commitments under this section, to employees and applicants for employment.
(c) The Contractor will permit access to his or her records of employment, employment advertisements,
application forms and other pertinent data and records by the Fair Employment Practices
Commission, City of Ukiah or any other appropriate agency of the State of California designated by
the awarding authority, for the purposes of investigation to ascertain compliance with the Fair
Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair
Employment Practices Act shall be regarded by the awarding authority as a basis for determining the
Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may
submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish,
reestablish or renew a pre-qualification rating for the Contractor.
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment
Practices Act to have occurred upon that it has investigated and determined that the Contractor has
violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426
or obtained an injunction under Labor Code Section 1429.
OAK MANOR JOINT TRENCH PROJECT 43 Spec. No. 18-07
63
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
Department of Employment) of the content of the anti-discrimination clause.
(3) The Contractor shall file a basic compliance report, as required by the City. Willfully false
statements made in such reports shall be punishable as provided by law. The compliance report shall
also spell out the sources of the work force and who has the responsibility for determining whom to
hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with
the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training.
b. Otherwise implement an affirmative anti-discrimination program in terms of the unions'
specific areas of skill and geography to the end that qualified minority workers will be available
and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals,
firms or organizations during the period of its pre-qualification.
(h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier
subcontract so that such provisions will be binding upon each such subcontractor.
(i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of
submitting the bid.
OAK MANOR JOINT TRENCH PROJECT 44 Spec. No. 18-07
64
Article IV. Parts of the Contract.
That the complete contract consists of the following documents, all of which shall be considered a part of this
agreement.
1. Notice to Bidders
2. Wage Rates
3. General Conditions
4. Technical Specifications
5. Proposal
6. Fair Employment Practices Certification
7. Agreement
8. Contract Bonds
9. Contract Drawings and Construction Details
10. Standard Drawings
11. Indemnification Agreement
IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to
be signed by authority of their duly authorized office this _____ day of _____________, 20____.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By: ______________________________________________________________
CITY MANAGER, CITY OF UKIAH
Attest: ______________________________________________________________
CITY CLERK, CITY OF UKIAH
By: ______________________________________________________________
CONTRACTOR
Attest: ______________________________________________________________
Title: ______________________________________________________________
The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____.
__________________________________________________
CITY ATTORNEY, CITY OF UKIAH
OAK MANOR JOINT TRENCH PROJECT 45 Spec. No. 18-07
65
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 o
attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other
wrongful conduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY: _______________________________________________
TITLE: _______________________________________________
OAK MANOR JOINT TRENCH PROJECT 46 Spec. No. 18-07
66
CITY OF UKIAH
Mendocino County, California
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________________
__________________________________________________________________________________,
AS PRINCIPAL, and
__________________________________________________________________________________,
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH
dollars ($____________________)
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally.
WHEREAS, the Principal has entered into a certain Contract with the City, dated __________, 20_____,
a copy of which is hereto attached and made a part hereof,
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the
Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may
be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all
claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all
expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the
Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the
prosecution of the work under the Contract, in default of which such persons shall have a direct right of action
hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the
performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the
Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the
performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No
modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any
way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification,
extension, or forbearance is hereby waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals
hereto, this ________ day of _______________,20_______.
In the presence of:
WITNESS:
_________________________________
________________________________(SEAL)
(Individual Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
67
OAK MANOR JOINT TRENCH PROJECT 47 Spec. No. 18-07
WITNESS:
____________________________________
______________________________(SEAL)
(Corporate Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
________________________________
(Corporate Principal) Affix
Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
____________________________ ________________________________ Affix
(Corporate Surety) Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
The rate of premium on this bond is $___________________________ per thousand.
The total amount of premium charges is $____________________________.
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be
attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the ______________________________
Secretary of the corporation named as Principal in the foregoing bond; that
_______________________________________, who signed the said bond on behalf of the Principal, was then
____________________________________________ of said corporation; that I know his signature, and that his
signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said
corporation by authority of its governing body.
____________________________________________ Affix Corporate Seal
68
OAK MANOR JOINT TRENCH PROJECT 48 Spec. No. 18-07
CITY OF UKIAH
Mendocino County, California
MATERIAL AND LABOR BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________
__________________________________________________________________________, AS PRINCIPAL, and
__________________________________________________________________________
__________________________________________________________________________, AS SURETY,
are held firmly bound unto THE CITY OF UKIAH
dollars ($____________________)
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally.
WHEREAS, the Principal has entered into a certain Contract with the City, dated _________________, 20_____,
a copy of which is hereto attached and made a part hereof,
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the
Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may
be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all
claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all
expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the
Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the
prosecution of the work under the Contract, in default of which such persons shall have a direct right of action
hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the
performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the
Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the
performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No
modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any
way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification,
extension, or forbearance is hereby waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals
hereto, this ________ day of _______________,20_______.
In the presence of:
WITNESS:
____________________________________
________________________________(SEAL)
(Individual Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
69
OAK MANOR JOINT TRENCH PROJECT 49 Spec. No. 18-07
WITNESS:
____________________________________
______________________________(SEAL)
(Corporate Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
________________________________
(Corporate Principal) Affix
Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
____________________________ ________________________________ Affix
(Corporate Surety) Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
The rate of premium on this bond is $___________________________ per thousand.
The total amount of premium charges is $____________________________.
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be
attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the ______________________________
Secretary of the corporation named as Principal in the foregoing bond; that
_______________________________________, who signed the said bond on behalf of the Principal, was then
____________________________________________ of said corporation; that I know his signature, and that his
signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said
corporation by authority of its governing body.
____________________________________________ Affix Corporate Seal
6:
OAK MANOR JOINT TRENCH PROJECT 50 Spec. No. 18-07
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.
71
OAK MANOR JOINT TRENCH PROJECT 51 Spec. No. 18-07
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
72
OAK MANOR JOINT TRENCH PROJECT 52 Spec. No. 18-07
Attachment
Please return to:
CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482-5400
(707) 463-6200
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1.That the project described as:Oak Manor Joint Trench Project
2.That the nature of the work:Installation ofunderground infrastructure for future undergrounding of
overhead facilities,Specification No. 18-07.
rd
3.That on the23day ofMay, the Contract work for this project was actually completed.
4.That the name and address of the Contractor isWylatti Resource Management, Inc. PO Box 575
Covelo, Ca 95428.
5.That thepropertylocation of work performed herein referred to is situated in the County of
Mendocino, State of California, and is described as follows: Oak Manor Dr. From Perkins St to the
south end of Oak Manor School.
I hereby certify under penalty of perjury that the forgoing is true and correct:
City Council ApprovalCITY OF UKIAH, a Municipal Corporation
_________________By: __________
DateKristine Lawler, City ClerkDate
State of California
County of Mendocino
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:
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ATTACHMENT 7
RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH RENEWAL AND CONTINUING OF A
PROCLAMATION OF A LOCAL EMERGENCY FOR THE CITY OF UKIAH
WHEREAS:
1. On February 27, 2019, under the authority in Ukiah City Code Section 5125 (Ordinance No. 995, §1), the
Director of Emergency Servict proclaimed the existence of a local emergency as a result of
conditions created by the severe winter storm affecting the City of Ukiah C); and
2. On March 6, 2019, City Council adopted Resolution 2019-8 ratifying the Dir February 27, 2019
proclamation of a local emergenc and proclaimed and ordered that said local emergency shall be
deemed to continue to exist until its termination is proclaimed by the City Council.
3. On March 20, 2019, City Council approved the renewal and continuing of the Local Emergency Resolution
Proclamation.
4. On April 3, 2019, City Council approved the renewal and continuing of the Local Emergency Resolution
Proclamation.
5. On April 17, 2019, City Council approved the renewal and continuing of the Local Emergency Resolution
Proclamation.
6. On May 1, 2019, City Council approved the renewal and continuing of the Local Emergency Resolution
Proclamation.
7. Impacts from heavy rainfall continue as soils are saturated, run-off continues, conditions at the C
Wastewater Treatment Plant continue to be at risk, all of which threaten to continue or create local
emergency conditions; and
th
8. The City Council will review this declaration at its June 19 regular meeting, occurring not more than 45
days from the date this resolution is adopted;
NOW, THEREFORE, BE IT RESOLVED that the local emergency continues to exist and shall be deemed to
continue until it is further reviewed by the City Council at its regular meeting on June 19, 2019.
BEIT FURTHER RESOLVED that the City Council hereby proclaims and orders that during the existence of
a local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency
organization of the City shall be those prescribed by (1) state law, (2) City ordinances and resolutions adopted
by the City Council and (3) the City Operational Area Emergency Plan, as approved by the City Council.
BEIT FURTHER RESOLVED that a copy of this declaration shall be forwarded to the County of Mendocino
Office of Emergency Services (OES) with a request that OES forward the Resolution to California Office of
Emergency Services Director, Mark Ghilarducci for concurrence of a local emergency.
th
PASSED AND ADOPTED this 15 day of May 2019, by the following roll call vote:
AYES:
NOES:
23
ABSENT:
ABSTAIN:
ATTACHMENT 7
Maureen Mulheren, Mayor
ATTEST:
Kristine Lawler, City Clerk
24
ATTACHMENT 8
RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH RENEWAL AND CONTINUING OF A
PROCLAMATION OF A LOCAL EMERGENCY FOR THE CITY OF UKIAH
WHEREAS:
1. On February 27, 2019, under the authority in Ukiah City Code Section 5125 (Ordinance No. 995, §1), the
Director of Emergency Servict proclaimed the existence of a local emergency as a result of
conditions created by the severe winter storm affecting the City of Ukiah C); and
2. On March 6, 2019, City Council adopted Resolution 2019-8 ratifying the Dir February 27, 2019
proclamation of a local emergenc and proclaimed and ordered that said local emergency shall be
deemed to continue to exist until its termination is proclaimed by the City Council.
3. On March 20, 2019, City Council approved the renewal and continuing of the Local Emergency Resolution
Proclamation.
4. On April 3, 2019, City Council approved the renewal and continuing of the Local Emergency Resolution
Proclamation.
5. On April 17, 2019, City Council approved the renewal and continuing of the Local Emergency Resolution
Proclamation.
6. On May 1, 2019, City Council approved the renewal and continuing of the Local Emergency Resolution
Proclamation.
7. On May 15, 2019, City Council approved the renewal and continuing of the Local Emergency Resolution
Proclamation.
8. Impacts from heavy rainfall continue as conditions at the C Wastewater Treatment Plant continue to
be at risk, all of which threaten to continue or create local emergency conditions; and
th
9. The City Council will review this declaration at its July 17 regular meeting, occurring not more than 45
days from the date this resolution is adopted;
NOW, THEREFORE, BE IT RESOLVED that the local emergency continues to exist and shall be deemed to
continue until it is further reviewed by the City Council at its regular meeting on July 17, 2019.
BEIT FURTHER RESOLVED that the City Council hereby proclaims and orders that during the existence of
a local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency
organization of the City shall be those prescribed by (1) state law, (2) City ordinances and resolutions adopted
by the City Council and (3) the City Operational Area Emergency Plan, as approved by the City Council.
BEIT FURTHER RESOLVED that a copy of this declaration shall be forwarded to the County of Mendocino
Office of Emergency Services (OES) with a request that OES forward the Resolution to California Office of
Emergency Services Director, Mark Ghilarducci for concurrence of a local emergency.
th
PASSED AND ADOPTED this 19 day of June 2019, by the following roll call vote:
25
Page Њ of Ћ
ATTACHMENT 8
AYES:
NOES:
ABSENT:
ABSTAIN:
Maureen Mulheren, Mayor
ATTEST:
Kristine Lawler, City Clerk
26
Page Ћ of Ћ
2
ATTACHMENT 1 PICTURES OF FIRE TRUCK
3
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Attachment 2
CITY OF UKIAH UNDERGROUND DISTRICT NO. 4
BOUNDARY DESCRIPTION
SOUTH STATE STREET CLAY STREET TO MILL STREET
Starting at the point of intersection of the centerline of West Clay Street and west of the Westerly
right-of-way line of State Street; thence Southerly, parallel with the Westerly right-of-way line of State
Street to the centerline of Mill Street; thence Easterly, along the centerline of Mill Street, ast of
the Easterly right-of-way line of State Street; thence Northerly, parallel with the Easterly right-of-way line
of State Street, to the centerline of Clay Street, thence Westerly, to the point of beginning.
5
Attachment 3
STATE STREET OVERHEAD TO UNDERGROUND CONVERSION
PROPOSED TIMELINE
Spring/Summer 2019 Project Design and Easement Procurement
Fall 2019 City Council Award Bid
Fall 2019 Contractor to install underground infrastructure
Fall 2019 Ukiah Electric Utility Department install underground facilities.
Fall 2019/ Winter 2020 Ukiah Electric Utility Department to remove overhead facilities.
Winter 2020 AT&T and Comcast install underground facilities.
Winter 2020 AT&T to remove poles.
6
Attachment 4
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE
BOUNDARIES AND OTHER PROVISIONS OF UNDERGROUND DISTRICT NO. 4-
ALONG STATE STREET FROM CLAY STREET TO MILL STREET
WHEREAS,
1. On June 6, 2019, in accordance with UCC §3810, the City Clerk gave notice to affected
property owners as shown on the last equalized assessment roll of the time, date, location and
proposed boundaries of a new Underground District to be known as Underground District No. 4,
which encompasses both sides of State Street from Clay Street to Mill Street, as more fully
described in the attached Exhibit 1; and
2. Under UCC Sections 3811 and 3820, when the City Council establishes an underground
district, it must fix the time within which the removal of poles, overhead wires and associated
overhead structures and the underground installation of these facilities shall be completed and
when affected property owners must be ready to receive underground service; and
3. On June 19, 2019, the City Council conducted a public hearing in accordance with UCC §3810,
to consider establishing Underground District No. 4, its proposed boundaries and the schedule
for completing the undergrounding of overhead facilities, including by utilities and property
owners within the proposed District. The City Council also considered whether the public
necessity, health, safety or welfare requires the removal of poles, overhead wires and
associated overhead structures and the underground installation of wires and facilities for
supplying electric, communication or similar or associated service within the boundaries, as
depicted and described in the attached Exhibit 1; and
4. At least ten (10) days prior to the scheduled hearing, notice of such hearing was given to all
affected property owners as shown on the last equalized assessment roll and all affected utilities
in the manner and for the time required by law; and
6. Such hearing has been duly and regularly held and all persons interested have been given an
opportunity to be heard;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City Council finds that:
a. State Street has been designated as a primary gateway into the City, provides access
from U.S. Highway 101 through important commercial areas to the historic downtown
business district, and accordingly passes through a civic area of unique scenic interest to
the general public.
7
1
b. The undergrounding to be accomplished will avoid or eliminate an unusually heavy
concentration of overhead distribution facilities.
c. State Street is extensively used by the general public and carries a heavy volume of
pedestrian and vehicular traffic.
d. The public necessity, health, safety and welfare require the removal of poles, overhead
wires and associated overhead structures and the underground installation of wires and
facilities for supplying and improving electric, communication or similar or associated
service within the boundaries of Underground District No. 4, as described in the
attached Exhibit 1.
2. Based on the foregoing findings:
a. The removal and undergrounding of electrical facilities as herein provided shall apply to
all of Underground District No. 4, as described in Exhibit 1.
b. All poles, overhead wires and associated overhead structures shall be removed and
underground installation made in Underground District No. 4 within the following times
and in the following manner:
(1) Underground installation by the utility companies, including the City of Ukiah Electric
Department, AT&T and Comcast shall be completed by April 1, 2020;
(2) Said utilities shall share equally the costs associated with undergrounding their
facilities within the public right of way, including, but not limited to, the costs of
removing poles and overhead wires and related facilities, furnishing and installing
conduits, conductors and associated equipment, and of trenching, compacting,
backfilling, and paving over said facilities;
(3) With permission of the property owner, the City Electric Department and the other
utilities furnishing service to the property, including AT&T and Comcast, at the expense
of the utilities, will install up to 100 feet of underground service lines and related
equipment from the public right-of-way along State Street to the service equipment on
the property. If the property owner does not consent in a form and within the time
satisfactory to the Director of the Electric Department or his or her designee, the
property owner shall install those facilities at his or her expense in compliance with
specifications and project timeline adopted by the Electric Department.
3. By no later than 10 days after the adoption of this Resolution, the City Clerk shall mail a copy
of this resolution and a copy of Ukiah City Code Sections 3800-3855 to affected property owners
as shown on the last equalized assessment role and to affected utilities.
PASSED AND ADOPTED on June 19, 2019, by the following roll call vote:
8
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AYES:
NOES:
ABSTAINING:
ABSENT:
______________________
Maureen Mulheren, Mayor
ATTEST:
______________________
Kristine Lawler, City Clerk
9
3
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4
2
3
Under Ground District #5
25'
25'
N
Southern
Boundary
Location:Oak Manor Dr1/16" = 1'-0"
Scale
4
Description:5/15/2019
Proposed Under Ground
Date
District #5 Oak Manor Dr.
Grid #
#11
Drawn BySBozzoli
Area:
All of Oak Manor Dr including
25' Back of Right Of Way Mark
Signature
Attachment 2
BOUNDARY DESCRIPTION
OAK MANOR DRIVE FROM PERKINS ST TO THE SOUTH END OF THE OAK MANOR
SCHOOL PROPERTY
Starting at the point of intersection of the Southerly right-of-
the Westerly right-of-way line of Oak Manor Drive; thence Southerly, parallel with the Westerly
right-of-way line of Oak Manor Drive to the south property boundary of Oak Manor School Parcel
# 179-061-08--of-way line of Oak Manor Drive;
thence Northerly, parallel with the Easterly right-of-way line of Oak Manor Drive to the Southerly
right-of-way line of Perkins Street, thence Westerly, to the point of beginning.
5
Attachment 3
Oak Manor Drive Overhead to Underground Conversion Proposed
Timeline
{ǒƒƒĻƩ ЋЉЊБ Project Design and Easement Procurement.
CĻĬƩǒğƩǤ ЋЉЊВ Bid Opening
CĻĬƩǒğƩǤ ЋЉЊВ City Council Award Bid
{ƦƩźƓŭ ЋЉЊВ Contractor to install underground infrastructure
{ǒƒƒĻƩ ЋЉЋЉ Ukiah Electric Utility Department install underground facilities
CğƌƌΉźƓƷĻƩ ЋЉЋЉ Ukiah Electric Utility to remove overhead facilities
{ƦƩźƓŭ ЋЉЋЊ AT&T and Comcast install underground facilities
{ǒƒƒĻƩ ЋЉЋЊ AT&T to remove poles.
6
PAGE 1
Attachment 4
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE
BOUNDARIES AND OTHER PROVISIONS OF UNDERGROUND DISTRICT NO. 5-
ALONG OAK MANOR DRIVE
WHEREAS,
1. On June 6, 2019, in accordance with UCC §3810, the City Clerk gave notice to affected
property owners as shown on the last equalized assessment roll of the time, date, location and
proposed boundaries of a new Underground District to be known as Underground District No. 5,
which encompasses both sides of Oak Manor Drive, as more fully described in the attached
Exhibit 1; and
2. Under UCC Sections 3811 and 3820, when the City Council establishes an underground
district, it must fix the time within which the removal of poles, overhead wires and associated
overhead structures and the underground installation of these facilities shall be completed and
when affected property owners must be ready to receive underground service; and
3. On June 19, 2019, the City Council conducted a public hearing in accordance with UCC §3810,
to consider establishing Underground District No. 5, its proposed boundaries and the schedule
for completing the undergrounding of overhead facilities, including by utilities and property
owners within the proposed District. The City Council also considered whether the public
necessity, health, safety or welfare requires the removal of poles, overhead wires and
associated overhead structures and the underground installation of wires and facilities for
supplying electric, communication or similar or associated service within the boundaries, as
depicted and described in the attached Exhibit 1; and
4. At least ten (10) days prior to the scheduled hearing, notice of such hearing was given to all
affected property owners as shown on the last equalized assessment roll and all affected utilities
in the manner and for the time required by law; and
6. Such hearing has been duly and regularly held and all persons interested have been given an
opportunity to be heard;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City Council finds that:
a. Oak Manor Drive has been designated as a north/south primary access for residence,
schools and business.
b. The undergrounding to be accomplished will avoid or eliminate heavy concentration of
overhead distribution facilities.
7
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c. Oak Manor Drive is extensively used by the general public and carries a heavy volume of
pedestrian and vehicular traffic.
d. The public necessity, health, safety and welfare require the removal of poles, overhead
wires and associated overhead structures and the underground installation of wires and
facilities for supplying electric, communication or similar or associated service within the
boundaries of Underground District No. 5, as described in the attached Exhibit 1.
2. Based on the foregoing findings:
a. The removal and undergrounding of electrical facilities as herein provided shall apply to
all of Underground District No. 5, as described in Exhibit 1.
b. All poles, overhead wires and associated overhead structures shall be removed and
underground installation made in Underground District No. 5 within the following times
and in the following manner:
(1) Underground installation by the utility companies, including the City of Ukiah Electric
Department, AT&T and Comcast shall be completed by September 1, 2021;
(2) Said utilities shall share equally the costs associated with undergrounding their
facilities within the public right of way, including, but not limited to, the costs of
removing poles and overhead wires and related facilities, furnishing and installing
conduits, conductors and associated equipment, and of trenching, compacting,
backfilling, and paving over said facilities;
(3) With permission of the property owner, the City Electric Department and the other
utilities furnishing service to the property, including AT&T and Comcast, at the expense
of the utilities, will install up to 100 feet of underground service lines and related
equipment from the public right-of-way along Oak Manor Drive to the service
equipment on the property. If the property owner does not consent in a form and
within the time satisfactory to the Director of the Electric Department or his or her
designee, the property owner shall install those facilities at his or her expense in
compliance with specifications and project timeline adopted by the Electric Department.
3. By no later than 10 days after the adoption of this Resolution, the City Clerk shall mail a copy
of this resolution and a copy of Ukiah City Code Sections 3800-3855 to affected property owners
as shown on the last equalized assessment role and to affected utilities.
PASSED AND ADOPTED on June 19, 2019, by the following roll call vote:
AYES:
NOES:
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ABSTAINING:
ABSENT:
______________________
Maureen Mulheren, Mayor
ATTEST:
______________________
Kristine Lawler, City Clerk
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BOUNDARY DESCRIPTION
OAK MANOR DRIVE FROM PERKINS ST TO THE SOUTH END OF THE OAK MANOR SCHOOL
PROPERTY
Starting at the point of intersection of the Southerly right-of-
Westerly right-of-way line of Oak Manor Drive; thence Southerly, parallel with the Westerly right-of-way
line of Oak Manor Drive to the south property boundary of Oak Manor School Parcel # 179-061-08-00;
-of-way line of Oak Manor Drive; thence Northerly, parallel
with the Easterly right-of-way line of Oak Manor Drive to the Southerly right-of-way line of Perkins Street,
thence Westerly, to the point of beginning.
:
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Buubdinfou2
ORDINANCE NO. ____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 10
TO ARTICLE
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE.
Article 10 is hereby added to Article 2, Division 2 of the Ukiah City Code to read as follows:
ARTICLE 10. BROADBAND DEPLOYMENT
2400. Short Title and Definitions
Section 2400.1 Short Title.
This Article 10
Section 2400.2 Definitions.
a. means ministerial review of an Application by the City
relating to the review and issuance of a Permit, including review by the
to determine whether the issuance of a
Permit is in conformity with the applicable provisions of this Article. This process does
not involve the exercise of discretion. Either the issuance of a Permit is in conformity
with the applicable provisions of this Article or it is not. This process is not subject to a
public hearing.
b. means communications equipment that transmits and/or receives over-
the-air electromagnetic signals used in the provision of Wireless Services. This
definition does not apply to broadcast antennas, antennas designed for amateur
radio use, or satellite dishes for residential or household purposes.
c. means currently adopted California building, fire, safety,
electrical, plumbing, or mechanical codes adopted under Section 3000 of this Code.
d. means a Person who submits an Application.
e. means a written request submitted by an Applicant in a form adopted
by the Community Development Department to the City for a Permit (i) to locate or
Collocate, or to modify, a Communications Facility underground or on any existing
Support Structure, Pole, or Tower, or (ii) to construct, modify or Replace a new
Support Structure, Pole or Tower or any other structure on which a Communications
Facility will be Collocated.
f. Citymeans the City of Ukiah.
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g. City means a Pole owned, managed or operated by or on behalf of the City.
h. means to install, mount, maintain, modify, operate and/or replace a
Communications Facility on an existing Support Structure, Pole, or Tower or any
a corresponding meaning.
i. means, collectively, the equipment at a fixed location or
locations that enables communication between user equipment and a
communications network, including: (i) radio transceivers, Antennas, coaxial, fiber-
optic or other cabling, power supply (including backup battery), and comparable
equipment, regardless of technological configuration; and (ii) all other equipment
associated with any of the foregoing. A Communications Facility does not include
the Pole, Tower or Support Structure to which the equipment is attached.
j. means a cable operator, as defined in 47
USC § 522(5), a provider of information service, as defined in 47 USC § 153(24), a
provider of telecommunications service, as defined in 47 USC § 153(53), a provider
of fixed wireless, or a provider of personal wireless services as defined in 47 U.S.C. §
332(c)(7)(C)(i).
k. means a City Pole that is specially designed and placed for
aesthetic purposes.
l. means the City Department of Community Development.
m. means a portable, self-contained Wireless Facility that can be moved
to a specified location or area and provide Wireless Services on a temporary or
tethered balloon, tethered drone or other unmanned device.
n. means review of an Application by the City relating to the
review and issuance of a Permit, that is other than an Administrative Review.
Discretionary Review involves discretion on the part of the City (subject to any
applicable limits on such discretion) in determining whether to issue a Permit and
may be subject to one or more public hearings or meetings.
o. means an eligible facilities request as set forth in 47
C.F.R. Section 1.40001(b)(3), as may be amended from time to time.
p. means the Federal Communications Commission of the United States.
q. means a one-time, nonrecurring charge, whether a fixed amount or cost-
based amount based on time and expense.
r. means any prehistoric or historic district, site, building, structure,
or object included in, or eligible for inclusion in, the National Register maintained by
the United States Secretary of the Interior (in accordance with Section VI.D.1.a.i-v of
the Nationwide Programmatic Agreement codified at 47 C.F.R. Part 1, Appendix C) or
established pursuant to state historic preservation law.
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s. means any and all Federal, State, or local law, statute, common law, code,
rule, regulation, order, or ordinance.
t. means (i) with respect to a
Communications Facility and/or the associated Support Structure, Pole or Tower,
inspections, testing, repair and modifications that maintain functional capacity,
aesthetic and structural integrity, and (ii) with respect to a Communications Facility
only, the replacement or upgrade of Antennas and/or other components of the
Communications Facility (specifically, such as a swap out or addition of 5G Antennas
and radio equipment as required by the Applicant), with Antennas and/or other
components substantially similar, in color, aggregate size and other aesthetics to that
previously permitted by the City (and/or consistent with the same height and volume
limits for Wireless facilities under this Article), so long as the Support Structure, Pole,
or Tower will structurally support, or prior to installation will be modified to support,
the structural load. Modifications are limited by the structural load analysis supplied
by the Applicant to the City, and by the volume limits in Subsection 2400.2(aa).
Modifications beyond the foregoing must be requested in writing by the Applicant and
are subject to discretionary approval by the City.
u. means a written authorization (in electronic or hard copy format) required by
the City to initiate, continue, or complete installation of a Communications Facility, or
an associated Support Structure, Pole, or Tower.
v. means an individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including the City.
w. means a pole, such as a utility, lighting, traffic, or similar pole made of wood,
concrete, metal or other material, located or to be located within the Public Right of
Way or Utility Easement. The term does not include the vertical support structure for
traffic lights, a horizontal structure to which signal lights or other traffic control devices
are attached, or the arm of a streetlight unless the City grants a waiver for such pole.
The term does not include electric transmission (but does include electric distribution)
poles or structures. A Pole does not include a Tower or Support Structure.
x. means a Communications Service Provider or a Wireless Provider.
y. means the area on, below, or above
property that has been designated for use as or is used for a public roadway,
highway, street, sidewalk, alley or similar purpose, but not including a federal
interstate highway or other area not within the legal jurisdiction, or within the legal
ownership or control of the municipality.
z. means a recurring charge.
aa. means, in connection with an existing Pole, Support
Structure or Tower, to replace (or the replacement of) same with a new structure,
similar in design, size and scale to the existing structure and in conformance with
current adopted requirements of the City, in order to address limitations of, or change
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requirements applicable to, the existing structure to structurally support Collocation of
a Communications Facility. In connection with replacement of a Pole or Tower to
support Collocation of a Wireless Facility, similarity in size and scale shall be
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evaluated consistent with 47 C.F.R. 1.40001 Subpart b(7).
bb. means a Wireless Facility that meets both
limitation, any strand-mounted Antenna) could fit within an enclosure of no more than
3 cubic feet in volume; and (ii) all other wireless equipment associated with the facility
is cumulatively no more than 28 cubic feet in volume, with a maximum of 7 cubic feet
being pole mounted. The following types of associated, ancillary equipment are not
included in the calculation of equipment volume: electric meter, concealment
elements, telecommunications demarcation box, grounding equipment, power
transfer switch, cut-off switch, and vertical cable runs for connection of power and
other services.
cc. means the State of California. .
dd. means a building, a billboard, a water tank or any other
structure to which a Communications Facility is or may be attached. Support
Structure does not include a Pole or a Tower.
ee. means any structure built for the sole or primary purpose of supporting a Wireless
Facility, such as a self-supporting Tower, a monopole, a lattice Tower or a guyed Tower.
Tower also includes a structure designed to conceal from the general public the Wireless
Facility. A Tower does not include a Pole or a Support Structure.
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(7) Substantial change. A modification substantially changes the physical dimensions of an eligible support
structure if it meets any of the following criteria:
(i) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10%
or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed
twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by
more than 10% or more than ten feet, whichever is greater;
(A) Changes in height should be measured from the original support structure in cases where deployments are or
will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be
measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any
modifications that were approved prior to the passage of the Spectrum Act.
(ii) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the
tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower
structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more
than six feet;
(iii) For any eligible support structure, it involves installation of more than the standard number of new equipment
cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and
base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing
ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than
10% larger in height or overall volume than any other ground cabinets associated with the structure;
(iv) It entails any excavation or deployment outside the current site;
(v) It would defeat the concealment elements of the eligible support structure; or
(vi) It does not comply with conditions associated with the siting approval of the construction or modification of the
eligible support structure or base station equipment, provided however that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the thresholds identified in §
1.40001(b)(7)(i) through (iv).
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ff. means the area on, below, or above privately- owned property
that has been designated for use as or is used for a specific utility purpose (such as
for electric, cable or other utility purpose), and is evidenced by a recorded instrument
in the public land records pursuant to a recorded plat, easement or right of way or is
otherwise a legally enforceable easement, and does not include any portion of a
Public Right of Way.
gg. means a Communications Facility installed and/or operated by a
Wireless Provider. The term does not include: (i) the Support Structure, Tower or
Pole on, under, or within which the equipment is located or Collocated; or (ii) coaxial,
fiber-optic or other cabling that is between Communications Facilities or Poles or that
is otherwise not immediately adjacent to or directly associated with a particular
Antenna. A Small Wireless Facility is one example of a Wireless Facility.
hh. means any Person, including a Person
authorized to provide telecommunications service in the State, that builds or installs
and/or operates Wireless Facilities or Poles, Towers or Support Structures on which
Wireless Facilities are or are intended to be used for Collocation, but that is not a
Wireless Services Provider.
ii. means a Wireless Infrastructure Provider or a Wireless
Services Provider.
jj. means any wireless services including, without limitation,
personal wireless services as that term is defined in 47 USC § 332(c)(7)(C)(i), fixed
wireless and other wireless services.
kk. means a Person who provides Wireless Services.
Section 2401 Governance of Deployment in the Public ROW
Section 2401.1 General Provisions of Agreement for Access to Public ROW
a. Municipal Agreement for City owned facilities. Prior to receiving a Permit to install a
communications Facility in the Public ROW on facilities owned wholly or in part by
the City, each Applicant shall be required to enter into a Municipal Agreement
substantially in the form of Appendix A. At the option of the City, the provisions of
the Agreement shall prevail over any provision in this Article which conflicts or is
inconsistent with the provisions of the Agreement. The Applicant shall submit an
executed Agreement with their Application. For facilities in the Public ROW that are
not owned wholly or in part by the City, the Applicant shall consult with the owner of
the facility and obtain the consent of the owner prior to installation.
b. Fees
1. Application Fees shall be established by resolution of the City Council from
time to time and shall be based on a measurable estimate of the actual costs
of services rendered by the Department from the time of the initial
application intake submission until the application is approved.
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2. Make-Ready Fee shall be determined on a site-specific, engineering basis,
for work reasonably necessary to make a particular City Pole suitable for
attachment of the applicable Communications Facility.
3. Annual ROW or Occupancy Rate shall be established and revised from
time to time by City Council resolution.
4. Annual Pole Attachment Fee, for attachment to a City Pole shall be
established and revised from time to time by City Council resolution.
5. Generally applicable, non-discriminatory Fees, such as for Electrical permits,
Building permits, or Encroachment permits.
6. An Applicant shall not be subject to any municipal Fees or Rates or payment
of other compensation, other than those expressly cited above or as may be
otherwise negotiated between an Applicant and the City or required pursuant
to the City Code.
7. The Applicant, or person who owns or operates the Communications Facility
installed in the Public ROW (including, without limitation, on a City Pole) may
remove its facilities at any time from the Public ROW, upon not less than
thirty (30) days prior written notice to the City and may cease paying to the
City any applicable Fees for such use, as of the date of actual removal of the
facilities; provided the removal leaves the structure and grounds, if any,
occupied by the Communications Facility in the condition they were in prior
to its installation.
Section 2401.2 Permitted Communications Facility Uses/Administrative Review;
Application
a. Permitted Use. The following uses within the Public ROW shall be a permitted use,
subject to Administrative Review and issuance of a Permit as set forth in this Section
2401.2. All such uses shall be in accordance with all other applicable provisions of
this Article, including without limitation, those set forth in Section 2401.5 below:
1. Collocation of Small Cells or a Collocation that qualifies as an Eligible
Facilities Request;
2. Modification of a Pole, Tower or Support Structure or Replacement of a Pole,
for Collocation of a Communications Facility that qualifies as an Eligible
Facilities Request or involves a Small Wireless Facility that does not exceed
the maximum limitations set forth in Subsection 2401.3.c.1(A)(i) below. All
other such modifications or Replacements require a minor use permit under
Section 9262.
3. Construction of a new Pole or a monopole Tower (but no other type of Tower)
to be used for Collocation of Small Cells that does not exceed the maximum
height and location requirements set forth in Subsection 2402.3.c.1(A)(i)
below; and
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4. Construction of a Communications Facility, other than those set forth in
subparagraphs (1), (2) or (3) in this Subsection 2401.2.a, involving the
installation of coaxial, fiber-optic or other cabling, that is installed underground
in accordance with City standards for buried utility cabling or above ground
between two or more Poles or a Pole and a Tower and/or Support Structure,
and related equipment and appurtenances.
b. Permit Required. No Person shall place any facility described in Subsection 2401.2.a
above in the Public ROW without first filing an Application for same and obtaining a
Permit therefor, except as otherwise expressly provided in this Article.
c. Proprietary or Confidential Information in Application. The City shall make accepted
Applications publicly available. Notwithstanding the foregoing, Applicant may designate
portions of its Application materials that it reasonably believes contain proprietary or
of such materials accordingly, and the City shall treat the information as proprietary and
confidential, subject to applicable
Code §6250 et seq.)
d. Administrative Review Application Requirements. The Application shall be made by the
applicable Provider or its duly authorized representative and shall contain the following:
1. -mail address,
including emergency contact information for the Applicant.
2. The names, addresses, telephone numbers, and e-mail addresses of all
consultants, if any, acting on behalf of the Applicant with respect to the filing of
the Application.
3. A general description of the proposed work and the purposes and intent of the
proposed facility. The scope and detail of such description shall be appropriate
to the nature and character of the physical work to be performed, with special
emphasis on those matters likely to be affected or impacted by the physical work
proposed.
4. Detailed construction drawings regarding the proposed facility in addition to any
plans required by Applicable Codes.
5. To the extent the proposed facility involves Collocation on a Pole, Tower or
Support Structure, a structural report performed by a duly licensed engineer
evidencing that the Pole, Tower or Support Structure will structurally support the
Collocation (or that the Pole, Tower or Support Structure will be modified to meet
structural requirements) in accordance with Applicable Codes.
6. For any new aboveground facilities, visual depictions or representations if not
included in the construction drawings.
7. An executed Municipal Agreement as set forth in Section 2401.1.a of this Code,
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if applicable.
e. Ordinary Maintenance, Repair and Replacement. An Application shall not be required
for Ordinary Maintenance, Repair and Replacement, other than to the extent required
for Permits described in Subsection 2401.5.b.3 below.
f. Information Updates. Any material change to information contained in an Application
shall be submitted in writing to the City within thirty
(30) days after the information has changed.
g. Application Fees. Unless otherwise provided by applicable Laws, all Applications
pursuant to this Article shall be accompanied by the Fees required under Subsection
2401.1.a above.
Section 2401.3 Action on Administrative Review Applications
a. Review of Applications.
1. The Department shall review the Application in light of its conformity with
applicable provisions of this Article and shall issue a Permit on
nondiscriminatory terms and conditions, subject to the following requirements.
(A) Within ten (10) days of receiving an Application, the Department
must determine and notify the Applicant whether the Application is
complete; or if an Application is incomplete, the Department must
specifically identify the missing information, and may toll the approval
interval in Subsection 2401.3.a.1(B) below. The Applicant may
resubmit the completed Application within twenty (20) days without
additional charge, and the subsequent review will be limited to the
specifically identified missing information subsequently completed,
except to the extent material changes to the proposed facility have
been made by the Applicant (other than those requested or required
by the Department) in which case a new Application and Application
Fee for same must be submitted.
(B) The Department must make its final decision to approve or deny the
Application within sixty (60) days for a Collocation, and ninety (90)
days for any new structure, after the Application is complete (or
deemed complete).The Department must advise the Applicant in
writing of its final decision, and in the final decision document the
basis for a denial, including specific code provisions and/or
regulations on which the denial was based. A decision to deny an
application shall be in writing and supported by substantial evidence
contained in a written record, publicly available, and sent to the
applicant. The written decision, supported by such substantial
evidence, shall constitute final action by City. The review period or
continue to run until the written decision, supported
by substantial evidence, is made publicly available and sent to the
Applicant. The Applicant may cure the deficiencies identified by the
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City and resubmit the Application within 30 days of the denial without
paying an additional Application Fee unless denial was issued due to
non-compliance with Design Guidelines or other requirements under
this Section 2401, in which case a new Application Fee must be
paid.
(C) The City shall approve or deny the revised Application within thirty
(30) days of receipt of the revised Application. The subsequent
review by the City shall be limited to the deficiencies cited in the
original denial and any material changes to the Application made to
cure any identified deficiencies.
2. If the City fails to act on an Application within the review period referenced in
Subsection 2401.3.a.1(B), the Applicant may provide the City written notice that
the time period for acting has lapsed, and the City then has twenty (20) days
after receipt of such notice within which to render its written decision, failing
which the Application is then deemed approved by passage of time and
operation of law and a Permit shall be deemed issued for such Application.
Applicant shall provide written notice to the City at least seven (7) days prior to
beginning construction or Collocation pursuant to the de facto Permit issued
under this Subsection, and such notice shall not be construed as an additional
opportunity for objection by the City or other entity to the deployment.
3. An Applicant seeking to construct, modify or replace a network of
the
City401.7 below,
file a consolidated Application and receive a single Permit for multiple
Communications Facilities, or multiple Permits. The City
sites within a consolidated Application shall not delay or affect other sites
submitted in the same Application. The City shall grant a Permit(s) for any and
all sites in a consolidated Application that it does not otherwise deny, subject to
the requirements of this Section.
b. Review of Eligible Facilities Requests. Notwithstanding any other provision of this
Article, the City shall approve within sixty (60) days and may not deny Applications for
Eligible Facilities Requests according to the procedures established under 47 C.F.R.
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1.40001(c).
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Review of applications. A State or local government may not deny and shall approve any eligible facilities request for
modification of an eligible support structure that does not substantially change the physical dimensions of such structure.
(1) Documentation requirement for review. When an applicant asserts in writing that a request for modification is covered by this
section, a State or local government may require the applicant to provide documentation or information only to the extent
reasonably related to determining whether the request meets the requirements of this section. A State or local government may
not require an applicant to submit any other documentation, including but not limited to documentation intended to illustrate
the need for such wireless facilities or to justify the business decision to modify such wireless facilities.
(2) Timeframe for review. Within 60 days of the date on which an applicant submits a request seeking approval under this
section, the State or local government shall approve the application unless it determines that the application is not covered by
this section.
(3) Tolling of the timeframe for review. The 60-day period begins to run when the application is filed, and may be tolled only by
mutual agreement or in cases where the reviewing State or local government determines that the application is incomplete. The
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c. Small Wireless Facilities; Maximum Height; Other Requirements.
1. Maximum Size of Permitted Use. Small Wireless Facilities, and new,
modified or Replacement Poles, Towers and Support Structures (subject to
the further limitation for Replacement of Support Structures described in
Subsection 2400.2.aa above to be used for Collocation of Small Wireless
Facilities may be placed in the Public Right of Way as a permitted use in
accordance with this Subsection 2401.2, subject to the following
requirements:
(A) New Poles, but not new Towers, may be installed in the Public
ROW as long as their installation facilitates the extension of
existing pole lines or does not result in the creation of parallel
paths of poles or exceed the greater of:
i. Five (5) feet above the tallest existing Pole, Tower, or
Support Structure not exceeding 50 feet in the Public
ROW, in place as of the effective date of this Article, and
located within 500 feet of the new proposed Pole, Tower,
or Support Structure; or ten
poles where required by the electrical utility separation
requirements; or
ii. Fifty (50) feet above ground level.
(B) Each modified or Replacement Pole, Tower, or Support Structure
installed in the Public ROW shall not exceed the greater of:
i. five (5) feet above the height of the Pole, Tower or
Support Structure being modified or replaced in place as
of the effective date of this Article; or ten (10) feet on
utility distribution poles where required by the electrical
timeframe for review is not tolled by a moratorium on the review of applications.
(i) To toll the timeframe for incompleteness, the reviewing State or local government must provide written notice to the applicant
within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information. Such
delineated information is limited to documents or information meeting the standard under paragraph (c)(1) of this section.
(ii) The timeframe for review begins running again when the applicant makes a supplemental submission in response to the State
or local government's notice of incompleteness.
(iii) Following a supplemental submission, the State or local government will have 10 days to notify the applicant that the
supplemental submission did not provide the information identified in the original notice delineating missing information. The
timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this paragraph (c)(3).
Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in
the original notice of incompleteness.
(4) Failure to act. In the event the reviewing State or local government fails to approve or deny a request seeking approval under
this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant
does not become effective until the applicant notifies the applicable reviewing authority in writing after the review period has
expired (accounting for any tolling) that the application has been deemed granted.
(5) Remedies. Applicants and reviewing authorities may bring claims related to Section 6409(a) to any court of competent
jurisdiction.
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utility separation requirements; or
ii. the height limit under Subsection 2401.3.c.1(A).
(C) Division 3, Chapter 9 of this Code shall apply to all new Poles
and modified or Replacement Pole, Tower, or Support
Structures.
d. Discretionary Review Requirements. Unless an Applicant seeks to install a
Communications Facility that conforms to the specific uses and size and height
limitations set forth in Subsection 2401.2.a above (or involves Ordinary
Maintenance, Repair and Replacement), the Application shall require a minor use
permit under Section 9262.
e. Undergrounding Provisions. The City shall administer undergrounding provisions in
a non-discriminatory manner.
1. Underground Districts. The provisions in Division 4, Chapter 3, governing the
creation of Underground Utility Districts in the City shall apply with full force
and effect to Wireless Facilities, Wireless Service Providers and Wireless
Providers, provided compliance by the Wireless Facilities or Wireless Service
Providers does not discriminate against or unduly inhibit or prevent them from
providing wireless services. An Applicant shall comply with nondiscriminatory
City undergrounding requirements, including requirements that apply in
existing Underground Utility Districts or in Districts established after the
effective date of this Article.
2. Outside Underground Districts. Outside established Underground Districts
now established or established in the future the City may require relocation
without expense to City of any poles, wires, conduits and appurtenances
theretofore installed, in accordance with Section 2401.3.g. In areas where
existing aerial utilities are being moved underground, Wireless Providers shall
be required at their own expense to move their Wireless Facilities to another
Pole, if the undergrounding requires the removal of the Pole used by those
Wireless Facilities. The City shall make available for the use of said Wireless
Facilities any City-owned Pole or street light pole in a suitable location which
can accommodate said Wireless Facilities. No additional fees shall be
imposed in connection with said relocation, but applicable Make-Ready,
Annual ROW and Occupancy, and Attachments Fees pursuant to Section
2401.1.b.2-4, shall continue to apply. To the degree such vertical structures
are not available, the Applicant must apply for a minor use permit pursuant to
Section 9262 to install new poles.
f. Effect of Permit.
1. Authority Granted; No Property Right or Other Interest Created. A Permit from
the City authorizes an Applicant to undertake only certain activities in
accordance with this Article, and does not create a property right or grant
authority to the Applicant to impinge upon the rights of others who may already
have an interest in the Public ROW.
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2. Duration. Any Permit for construction issued under this Section 2401 shall be
valid for a period of six (6) months after issuance during which the construction
must be completed, provided that the six month period shall be extended for up
to an additional 6 months upon written request of the Applicant (made prior to
the end of the initial 6 month period) if the failure to complete construction is
delayed as a result of circumstances beyond the reasonable control of the
Applicant.
g. Removal, Relocation or Modification of a Communications Facility in the ROW.
1. Notice. Within ninety (90) days following written notice from the City, a Provider
shall, at its own expense, protect, support, temporarily or permanently
disconnect, remove, relocate, change or alter the position of any
Communications Facility within the Public ROW whenever the City has
determined that such removal, relocation, change or alteration, is reasonably
necessary for the construction, repair, maintenance, or installation of any City
improvement in or upon, or the operations of the City in or upon, the Public
ROW. The City shall apply the same standards to all utilities in the Public ROW.
2. Emergency Removal or Relocation of Facilities. The City retains the right and
privilege to cut power to or move any Communications Facility located within the
Public ROW of the City, as the City may determine to be necessary, appropriate
or useful in response to any public welfare emergency, or safety emergency. If
circumstances permit, the City shall notify the Provider and provide the Provider
an opportunity to move its own facilities prior to cutting power to or removing the
Communications Facility and in all cases shall notify the Provider after cutting
power to or removing the Communications Facility as promptly as reasonably
possible. The Provider shall pay the City its costs necessarily incurred to move
the Communications Facility within thirty (30) days of receiving a written
statement from the City detailing the costs.
3. Abandonment of Facilities. A Provider is required to notify the City of
abandonment of any Communications Facility at the time the decision to
abandon is made, however, in no case shall such notification be made later than
30 days prior to abandonment. Following receipt of such notice, the City shall
direct the Provider to remove all or any portion of the Communications Facility if
the City determines that such removal will be in the best interest of public safety
and public welfare. If the Provider fails to remove the abandoned facility within
sixty (60) days after such notice, the City may undertake to do so and recover
the actual expenses of doing so from the Provider, its successors and/or
assigns.
4. Structural reconditioning, repair and replacement. From time to time, the City
may paint, recondition, or otherwise improve or repair the City Poles in a
cooperate with the City to carry out Reconditioning Work activities in a manner
ty.
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(A) Prior to commencing Reconditioning Work, the City will use reasonable
efforts to provide the Provider with at least sixty (60) days prior written
notice. Upon receiving that notice, it shall be
responsibility to provide adequate measures to cover, remove, or
otherwise protect the Pro from the
consequences of the Reconditioning Work, including but not limited to
paint and debris fallout. The City reserves the right to require the
Provider to remove all the
City Pole and surrounding premises during Reconditioning Work,
provided the requirement to remove same is contained in the written
notice required by this Subsection. All costs associated with the
protection measures, including temporary removal, shall be the sole
responsibility of the Provider. If the City fails in good faith to give notice of
less than sixty (60the City
this Subsection. In all cases, as much notice as possible should be
provided. The City will provide the Provider with a date by which its
equipment must be protected or removed.
(B) The Provider may request a modification of the City procedures for
carrying out Reconditioning Work in order to reduce the interference with
the City agrees to
the modification, the Provider shall be responsible for all reasonable
incremental cost related to the modification.
(C) If the City the City
shall give Provider at least sixty (60) days written notice to remove its
Communications Facilities. The City shall also promptly notify Provider
when the City Poles have been replaced and Provider may re-install its
equipment. During the Replacement Work, the Provider may maintain a
temporary Communications Facility on the property, or after approval by
City, on any land owned or controlled by City, in the vicinity of the
property. If the property will not accommodate the Provider's temporary
Communications Facility or if the parties cannot agree on a temporary
location, the Provider, at its sole option, shall have the right to suspend
the applicable permit, until the replacement Pole is installed, upon thirty
(30) days written notice to the City.
(D) If the City Poles need to be repaired due to storm or other damage
Communications Facilities as soon as possible. In the event of an
emergency, the City shall contact the Provider by telephone at its
equipment. Once the City Poles have been replaced or repaired, the City
will promptly notify the Provider that it can reinstall its equipment. During
City Repair Work, with the approval of the City which shall not be
unreasonably withheld or delayed, the Provider may maintain a
temporary Communications Facility on the property, or after approval by
Provider, on any land owned or controlled by the City in the vicinity of the
property that the City determines is suitable for that use. All cost
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associated with any removal or protection of Communications Facilities
shall be the sole responsibility of the Provider without prejudice to the
than the City.
h. Attachment to City Poles in the Public ROW.
1. Make-Ready. For any attachment to City Poles in the Public ROW, except as
otherwise provided in the agreement required by Section 2401.1.a, the City shall
provide a good faith estimate for any make- ready work necessary to enable the
City Pole to support the proposed facility, including Replacement of the Pole if
necessary, within sixty (60) days after receipt of a completed Application
requesting attachment to the City Pole. Make-ready work including any Pole
Replacement shall be completed within one hundred and twenty (120) days of
written acceptance of the good faith estimate by the Provider. Such acceptance
shall be signified by payment via check or other commercially reasonable and
customary means specified by the City.
Section 2401.4 Applications Requiring Discretionary Review and Approval.
a. Discretionary Review Required. All other uses not expressly set forth or referenced in
Subsection 2401.2(a) above shall require compliance with, and issuance of a minor
use permit pursuant to Section 9262.
Section 2401.5 Other Public ROW Installation Requirements.
a. General Principles.
1. The City shall have the power to establish reasonable and non- discriminatory
limitations on the placement of new or additional facilities within specific
congested segments of the Public ROW if there is insufficient space to
accommodate all of the requests of Applicants or other Persons to occupy
and use the Public ROW. In making such decisions, the City shall to the
extent possible accommodate all existing users and potential users (i.e. those
who have submitted an Application to deploy facilities within the Public ROW)
of the Public ROW, and shall be guided primarily by considerations of the
public interest, the width and physical condition of the Public ROW, the time of
year with respect to essential utilities, the protection of existing facilities and
uses in the Public ROW and established plans for public improvements and
development projects which have been determined to be in the public's
interest.
2. Leasing of excess space in ducts, conduits and on a Pole is a matter between
interested parties (subject to any applicable Pole Attachment regulations and
any other applicable statutory, regulatory or contractual obligations); however,
lessees or licensees of such physical facilities must still comply with the
terms of this Article, unless otherwise expressly exempted by the City.
3. An occupant of the Public ROW shall employ due care during the installation
and maintenance process, and comply with all safety and Public ROW-
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protection requirements of applicable Federal, State and local Laws (and any
generally applicable City guidelines, standards and practices), and any
additional commonly accepted safety and Public ROW-protection standards,
methods and devices (to the extent not inconsistent with applicable Laws).
All facilities under the streets of the City shall be kept and maintained in a safe
and well-ordered condition, and in good order and repair.
(A) Any permittee occupying any portion of the Public ROW shall erect a
barrier around the perimeter of any excavation and provide any and all
traffic-control devices, signs and lights appropriate to the level of
complexity of the activity in order to protect, warn and guide the public
(vehicular and pedestrian) through the work zone. The manner and use
of these devices shall be described within a traffic-control plan in
accordance with the Uniform Manual of Traffic Control Devices.
(B) Occupants of the Public ROW with open excavations awaiting final
restoration shall maintain all devices until the City notifies the occupant in
writing that the City or the Citysignated contractor is assuming
responsibility for traffic control.
(C) Each occupant shall designate a safety officer. The safety officer shall be
responsible for safety-related issues affecting both the public and the
occupant's field employees and contractors for all job sites within the
Public ROW.
4. Location of Existing Facilities.
(A) An occupant of the Public ROW shall not place any fixtures or equipment
where the same will interfere with any existing facility, and shall locate its
lines and equipment in such a manner as not to interfere with the usual
traffic patterns (vehicular or pedestrian) or with the rights or reasonable
convenience of owners of property that abuts any Public ROW.
(B) To minimize disruption of public passage or infrastructure, to forestall or
relieve overcrowding of the Public ROW, or to protect Historic Property or
environmentally sensitive areas, the City may require, as a condition of
issuing any Permit for placement of underground facilities or new
Applicant poles that the occupant place empty conduits, and/or reserve
space on a new Applicant pole in excess of its own present and
reasonably foreseeable requirements for the purpose of accommodating
the Cityent or reasonably foreseeable governmental, not-for-
resale use as set forth in the applicable Permit. The occupant shall
cooperate with the City in any such construction, provided that the City
has first notified the occupant in writing that it is interested in reserving
such Pole space or sharing the trenches or bores in the area where the
construction is occurring.
The occupant shall allow the City to place its infrastructure in the
the City,
provided that the City incurs the incremental costs of placing the
conduit/infrastructure as requested. The City shall be responsible for
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maintaining its facilities in the trenches and bores and/or on the Pole
under this Subsection.
(C) Before beginning excavation in any Public ROW, an occupant shall
comply with Underground Service Alert notification procedures to
determine possible conflicts with existing underground structures and
facilities in the area to be excavated.
5. Relocation of Existing Facilities.
(A) If relocation of facilities is required as a result of any public project, the
City shall provide the greatest practical advance notice to the affected
occupants of the Public ROW and shall facilitate the greatest reasonable
project coordination among the affected occupants, whereas coordinated
sequencing dependencies are common. Generally, projects of greater
scale and scope will have a longer planning horizon, and commensurate
notice.
(B) The objective of the relocation process recognizes the mutual obligations
and responsibilities of the City and the Public ROW occupants to avoid or
minimize service disruption and to timely and economically complete the
public project. Public ROW occupants are obligated to proceed with
diligent speed and attention so as not to unreasonably delay or
complicate a public project.
(C) As general guidance, projects involving a public project of less than One
Million Dollars ($1,000,000), or ten (10) utility poles, or One Thousand
(1000) frontage feet of public roadway would be smaller projects; and
projects greater than any of the above would be larger projects. A
reasonable, general expectation is that smaller projects would provide
and eig
ROW occupants.
(D) Unless otherwise provided by applicable Law, the occupant, at no cost to
the City, shall accomplish the necessary relocation within a reasonable
time from the date of the notification, but, in no event, later than seven (7)
days prior to the date the City has notified the occupant that it intends to
in the case of emergencies. With as much notice as possible, but, except
for emergencies, no less than ninety (90) days following written notice
from the City, a Provider shall, at its own expense, protect, support,
temporarily or permanently disconnect, remove, relocate, change or alter
the position of any Communications Facility.
(E)
for relocation of the Communications Facility, whenever the City has
determined that removal, relocation, change or alteration of facilities
within the Public ROW is reasonably necessary for the construction,
repair, maintenance or installation of any City improvement in or upon, or
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the operations of the City in or upon, the Public ROW.
(F) The City may not require an Applicant to perform services unrelated to
the Communications Facility or Support Structure for which approval is
sought, or to provide in-kind contributions, except for reserving Pole
space or placing conduit in the trench or bore for governmental, not-for-
resale City use as provided in Section 2401.5.a.4(B). Notwithstanding the
foregoing, an Applicant may offer in-kind contributions related to the
Communications Facility or Support Structure for which approval is
sought, on a reasonable and nondiscriminatory basis, including by
contributing the cash value of an in-kind contribution already provided by
another party.
6. In the event of an emergency where any Communications Facility in the Public
ROW creates or is contributing to an imminent danger to health, safety, or
property, the City may protect, support, temporarily disconnect, remove, or
relocate any or all parts of such Communications Facility, and charge the
occupant for actual and reasonable costs incurred. The City shall use a
emergency contact information of record, or best available contact
information, for prior notice, and if not possible because of emergent and
imminent danger, shall notify the occupant promptly afterwards. Ten (10) days
after notification as outlined in this Subsection, the City may remove any
Communications Facilities that obstructs the progress of a public project. All
costs associated with any removal or protection of Communications Equipment
shall be the sole responsibility of the Provider.
7. Abandonment of Facilities.
(A) Any occupant of the Public ROW that intends to permanently discontinue
use of any facilities within the Public ROW shall notify the City in writing
within thirty (30) days prior to abandonment. Such notice shall describe
the facilities for which the use is to be discontinued, and the date of
discontinuance of use. Upon notification, the City will chose from the
following options within 30 days or any other agreed upon option, and so
notify the occupant of its decision:
1. Abandon the facilities in place and the occupant shall further
convey full title and ownership of such abandoned facilities to the
City. The occupant is responsible for all obligations of the
facilities, or other associated liabilities until the conveyance to the
City is completed; or
2. The facilities shall be removed, and the occupant shall be liable
for removing the facilities at its own cost. If an occupant fails to
remove facilities that the City requires it to remove, after ninety
The occupant or its successors and/or assigns shall pay the City
the costs of removal within thirty (30) days after the City provides
a written statement detailing the costs.
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b. Additional Requirements.
1. General. All deployments of Communications Facilities in the Public ROW shall
comply with the following:
(A) Compliance with ADA and other applicable Federal, State and local Laws
and standards.
(B) Pedestrian and vehicular traffic and safety requirements established by
the City.
(C) Existing Public ROW occupancy or management ordinances, not
otherwise inconsistent with this Article.
2. Design Standards. All aboveground Communications Facilities in the Public
ROW requiring Administrative Review only shall conform to the Aesthetic
Guidelines for Wireless Telecommunication Facilities adopted by resolution by
the City as required by Section 5620 of this Code.
3. Additional Permits. In addition to obtaining a Permit for installation of a
Communications Facility in the Public ROW, an Applicant must enter the
Agreement in Attachment A and obtain the following additional permits:
encroachment permit and applicable permits under Section 3000.
4. Placement of facilities. The City engineer may assign specific corridors within the
Public ROW for each type of Communication Facility as he determines may be
necessary for each type of facility that is or may be located in the Public ROW.
In making these assignments the City engineer shall consider facility types that
currently exist or which, based on current technology, may be located within the
Public ROW in the future. All excavation, obstruction, or other Permits issued by
the City engineer involving the installation or replacement of facilities shall
designate the proper corridor for the facilities.
c. Mapping Data. Applicants shall provide to the City engineer information indicating the
horizontal and approximate vertical location, relative to the boundaries of the Public
ROW, of all equipment which it owns or over which it has control, and which is located
in any Public ROW. Mapping data shall be provided with the specificity and in the format
requested by the City engineer for inclusion in the mapping system used by the City
engineer.
d. Existing Utility Easements in the Public Right of Way.
1. Applicants will work with the City engineer to coordinate and protect existing
utilities in the Public ROW.
2. Applicants will coordinate with the City engineer all public safety
considerations prior to and during installation in the Public ROW to ensure
public safety response in the case of gas line, water line, sewer line or
electricity disturbance.
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Section 2401.6 Attachment to and Replacement of Decorative Poles.
Notwithstanding anything to the contrary in this Article, an Applicant may install a Small Wireless
Facility on a Decorative Pole, or may Replace a Decorative Pole with a new Decorative Pole that is
in keeping with the aesthetics of the existing Decorative Pole, in the event the existing Decorative
Pole will not structurally support the attachment, the attachment may be made only upon satisfaction
of the following additional requirements:
A. Issuance of a Permit under Subsection 2401.2.a above.
B. The attachment and/or the Replacement Pole is in keeping with the aesthetics of the
Decorative Pole in the judgment of the City.
Section 2401.7 Batch Applications.
An Applicant may submit simultaneously not more than fifteen (15) Applications for a network of
multiple Communications Facilities within adjacent, related geographic areas of the City.
Alternatively, Applicant may file a single, consolidated Application covering such facilities.
Section 2402. Governance of Deployment Outside the Public ROW
Section 2402.1 Administrative Review of Permitted Communications Facility Uses;
Application and Fees.
a. Permitted Use. The following uses outside the Public ROW, on privately-owned
property (including within any Utility Easement, to the extent expressly set forth
below), shall be a permitted use, subject to Administrative Review only and issuance
of a Permit as set forth in this Section 2402
install and operate the Communications Facility on the property or structure:
1. Collocation of a Small Wireless Facility or a Collocation that qualifies as an
Eligible Facilities Request on privately-owned property including, without
limitation, within a Utility Easement, consistent with the height and other
limitations set forth in Subsection 2401.3.c above;
2. Modification of a Pole, Tower or Support Structure, or Replacement of a Pole
or Tower, for Collocation of a Communications Facility on privately-owned
property (including within a Utility Easement that contains other existing
Poles) that qualifies as an Eligible Facilities Request or involves a Small
Wireless Facility that does not exceed the limitations set forth in Subsection
2401.3.c.1(A)(i) above. All other such modifications or Replacements require
a minor use permit pursuant to Section 9262.
3. Construction of a new Pole (or monopole Tower), within a Utility Easement on
which there currently exist adjacent Poles that are unavailable for Collocation
due to structural, accessibility or other reasons, to be used for Collocation of a
Small Wireless Facility (that does not exceed the maximum height set forth in
Subsection 2401.3.c.1(A)(i) above), and the new Pole (or monopole Tower) is
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similar in design, size and scale to those of the existing, adjacent Poles; and
4. Construction of a Communications Facility, other than those set forth in
subparagraphs 1,2 or 3 in this Subsection 2402.1.a, involving the installation
of coaxial, fiber-optic or other cabling, that is installed underground in
accordance with applicable City standards or aboveground between two or
more Poles or a Pole and a Tower and/or Support Structure, and related
equipment and appurtenances.
b. Permit Required. No Person shall place a facility described in Subsection 2402.1(a)
or perform any construction activities above without first filing an Application for same
and obtaining a Permit therefor, except in Subsection 2400.2(s) or as otherwise
expressly provided in this Article.
c. Proprietary or Confidential Information in Application. The City shall make accepted
Applications publicly available. Notwithstanding the foregoing, Applicant may
designate portions of its Application materials that it reasonably believes contain
marking each portion of such materials accordingly, and the City shall treat the
information as proprietary and confidential, subject to applicable State and local
the Cityhe
is reasonable.
d. Administrative Review Application Requirements. The Application shall be made by
the applicable Provider or its duly authorized representative and shall contain the
following:
1. -mail address,
including emergency contact information of record.
2. A certification by the Applicant that it has the legal right to install and operate
the Communications Facility on the property or structure.
3. The names, addresses, telephone numbers, and e-mail addresses of all
consultants, if any, acting on behalf of the Applicant with respect to the filing of
the Application.
4. A general description of the proposed work and the purposes and intent of the
proposed facility. The scope and detail of such description shall be appropriate
to the nature and character of the physical work to be performed, with special
emphasis on those matters likely to be affected or impacted by the physical work
proposed.
5. Detailed construction drawings regarding the proposed facility.
6. To the extent the proposed facility involves Collocation on a Pole, Tower or
Support Structure, a structural report performed by a duly licensed engineer
evidencing that the Pole, Tower or Support Structure will structurally support the
Collocation or that the Pole, Tower or Support Structure will be modified to meet
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structural requirements) in accordance with Applicable Codes.
7. For any aboveground facilities, visual depictions or representations, if not
included in the Construction drawings.
e. Ordinary Maintenance, Repair and Replacement. An Application shall not be required
for Ordinary Maintenance, Repair and Replacement, other than to the extent required
for applicable Permits described in Subsection 2401.5b(iii) above.
f. Information Updates. Any material change to information contained in an Application
shall be submitted in writing to the City within thirty (30) days after the change
necessitating the change.
Section 2402.2 Action on Administrative Review Application.
a. Review of Applications for Administrative Review.
(i) The City shall review the Application in light of its conformity with applicable
provisions of this Article, and shall issue a Permit on nondiscriminatory terms
and conditions, subject to the following requirements:
(A) Within ten (10) days of receiving an Application, the City must
determine and notify the Applicant whether the Application is
complete; or if an Application is incomplete, the City must specifically
identify the missing information, and may toll the approval interval in
Subsection 2402.2(a)(i)(B). The Applicant may resubmit the completed
Application within twenty (20) days without additional charge, and the
subsequent review will be limited to the specifically identified missing
information subsequently completed, except to the extent material
changes to the proposed facility have been made by the Applicant
(other than those requested or required by the City) in which case a
new Application and Application Fee for same must be submitted; and
(B) The City must make its final decision to approve or deny the
Application within sixty (60) days for a collocation, and ninety (90)
days for any new structure, after the Application is complete, or
deemed completed (These time limits for acting on applications are
; and
(C) The City must advise the Applicant in writing of its final decision, and
in the final decision document the basis for a denial, including specific
code provisions on which the denial was based. A decision to deny an
application shall be in writing and supported by substantial evidence
contained in a written record, publicly released, and sent to the
applicant. The written decision, supported by such substantial
evidence, shall constitute final action by City. The review period or
substantial evidence, is released and sent to the Applicant
contemporaneously. The Applicant may cure the deficiencies identified
by the City and resubmit the Application within thirty (30) days of the
denial without paying an additional Application Fee, unless denial was
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issued due to noncompliance with Design Guidelines or other
requirements under this Article (in which case a new Application Fee
must be paid). The City shall approve or deny the revised Application
within thirty (30) days of receipt of the revised Application. The
subsequent review by the City shall be limited to the deficiencies cited
in the original denial.
(ii) If the City fails to act on an Application within the shot clock referenced in
Subsection 2402.2(a)(i)(B) above, the Applicant may provide the City written
notice that the time period for acting has lapsed, and the City then has twenty
(20) days after receipt of such notice within which to render its written decision,
failing which the Application is then deemed approved by passage of time and
operation of law.
(iii) An Applicant seeking to construct, modify or replace a network of
the
City401.7 above,
file a consolidated Application and receive a single Permit for multiple
Communications Facilities, or multiple Permits. The City
sites within a consolidated Application shall not affect other sites submitted in the
same Application. The City shall grant a Permit(s) for any and all sites in a
consolidated Application that it does not otherwise deny, subject to the
requirements of this Section.
b. Effect of Permit.
(i) Authority Granted; No Property Right or Other Interest Created. A Permit from
the City authorizes an Applicant to undertake only certain activities in
accordance with this Article, and does not create a property right or grant
authority to the Applicant to impinge upon the rights of others who may own or
have other interests in the Utility Easement or other privately- owned property.
(ii) Duration. Any Permit for construction issued under this Article III shall be valid
for a period of six (6) months after issuance, provided that the six month period
shall be extended for up to an additional 6 months upon written request of the
Applicant (made prior to the end of the initial 6 month period) if the failure to
complete construction is delayed as a result of circumstances beyond the
reasonable control of the Applicant.
Section 2402.3 Eligible Facilities Requests.
a. Review of Eligible Facilities Requests. Notwithstanding any other provision of this
Article, the City shall approve and may not deny Applications for Eligible Facilities
Requests within sixty (60) days according to the procedures established under 47
C.F.R. 1.40001(c).
Section 2402.4 Applications Requiring Discretionary Review and Approval.
a. Discretionary Review Required. The following uses on private property including,
without limitation, on any Utility Easement, shall require compliance with, and
issuance of a minor use permit under Section 9262:
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(i) Collocation of Wireless Facilities that do not qualify as Eligible Facilities
Requests.
(ii) All other uses not expressly set forth or referenced in Subsection 2402.1(a)
above.
Section 2402.5 Temporary and Emergency Installations.
a. A Deployable may be operated for a period of not more than one hundred and twenty
(120) days, when operated in connection with a special event after issuance by the
City of a Permit based upon an Administrative Review only. Deployable operated in
conjunction with a special event shall meet reasonable setbacks determined by the
\[City engineer\], shall be subject to receipt of a valid building Permit, if applicable,
shall meet uniform fire code requirements, and shall be removed within seventy-two
(72) hours of completion of the event.
b. A Deployable may be operated in any zoning district after a declaration of an
emergency or a disaster by the City executive.
Section 2402.6 Design Standards.
All aboveground Communications Facilities to be installed outside of the Public ROW and requiring
Administrative Review only shall conform to the design standards in Resolution No. 2019-14 or any
amendments thereto.
Section 2402.7 Violation of this Article:
a. Civil penalty. A violation of any of the provisions of this Article by an
Applicant or Provider shall be subject to a civil penalty of One Thousand Dollars
$1,000 for each violation which continues more than thirty (30) days after
written notice of such violation is provided to the Applicant or Provider by the City.
Each day, after such notice, that a violation occurs or is permitted to exist by the
Applicant or Provider constitutes a separate offense.
b. Violation a misdemeanor. Any person, firm or corporation, whether as principal,
agent, or employee or otherwise, violating or causing the violation of any of the
provisions of this Article, shall be guilty of a misdemeanor, and upon conviction
thereof shall be punishable by a fine of not more than five hundred dollars ($500.00)
or by imprisonment in the County of Mendocino jail for a term not exceeding six (6)
months, or by both such fine and imprisonment. Each such person, firm or
corporation, shall be deemed to be guilty of a separate offense for each and every
day during any portion of which any violation of this Article is committed or continued
by such person, firm or corporation, and shall be punishable as herein provided.
c. Violation as a public nuisance. Any Pole, Tower, Antenna, Communications Facility,
or Support Structure built, erected, or constructed, altered,
enlarged, converted, moved, set up, or maintained contrary to the provisions of this
Article and any use thereof established, conducted, operated or maintained contrary
to the provisions of this Article, shall be and the same is hereby declared to be
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unlawful and a public nuisance; and the City Attorney shall, upon order of the City
Council, immediately commence action or proceedings for the abatement and
removal and enjoinment thereof, in the manner provided by law, and shall take such
other steps and shall apply to such courts as may have jurisdiction to grant such
relief as will abate and remove such Facilities and restrain and enjoin any person,
firm or corporation from setting up, erecting, building, maintaining or using any
Facilities contrary to the provisions of this Article.
d. Payment violation. Any failure of an Applicant or Provider to make a payment to the
City required
denying any pending Application or revoking any Permit. In addition, any such
Payment Violation shall be subject to a civil penalty of One Thousand Dollars
($1,000) in additional to prejudgment interest at the maximum rate provided by law
and, at the sole election of the City, when it files an action to enforce this subsection,
the prevailing party in any such action shall be entitled to recover from the other
party, its reasonable attorne
e. Remedies Cumulative. The penalties and remedies contained in this Section 2402.7
shall be cumulative and not exclusive. The City may use any one or more of the
penalties and remedies provided herein when enforcing the provisions of this Article.
Section 2402.9 Exceptions to Applicability of this Article.
Notwithstanding anything to the contrary in this Article, the following facilities are not subject to the
provisions of this Article: (1) antennas used by residential households solely for broadcast radio and
television reception; (2) satellite antennas used solely for residential or household purposes; and (3)
television and AM/FM radio broadcast Towers and associated facilities.
SECTION TWO
1. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the ordinance and the application of such provision to other
persons or circumstances shall not be affected thereby. The City Council hereby declares that it would
have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of
the fact that any one or more sections, subsections, sentences, clauses or phrases be declared
unconstitutional or otherwise invalid.
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 on _______, 2019, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on _______, 2019, by the following roll call vote:
AYES:
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NOES:
ABSENT:
ABSTAIN:
_______________
Maureen Mulheren, Mayor
ATTEST:
_______
Kristine Lawler, City Clerk
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BqqfoejyB
AGREEMENT BETWEEN THE CITY OF UKIAH AND _________________ FOR THE
USE OF LICENSOR PROPERTY IN CONNECTION WITH THE OPERATION OF A
WIRELESS NETWORK
This Agreement is made and entered into by and between the City of Ukiah, a municipal
____________, a _______________
RECITALS
This Agreement is made with reference to the following Recitals, each of which is deemed to be
a material term and provision of this Agreement:
A. Licensor is the owner of certain municipal facilities located in the public rights-
of-way situated within the city limits of the City of Ukiah, California.
B. Licensor also shares the use of certain non-municipal facilities located in the
public rights-of-way situated within the city limits of the City of Ukiah, California, pursuant to
the Ukiah Joint Use Agreement.
C. Licensee is duly organized and existing under the laws of the State of California,
and its lawful successors, assigns, and transferees, are authorized to conduct business in the State
of California.
D. Licensee desires to construct, operate and maintain communication sites from
Licensor-owned and non-owned poles situated in said public rights-of-way and, for such
purpose, desires to locate, place, attach, install, operate, control, and maintain antennas and other
related wireless communication equipment consistent with small cell technology on Licensor-
owned and non-owned poles in said public rights-of-way.
E. -of-way use
requirements as provided herein and as required in applicable site supplement agreements.
F. Licensee is willing to compensate Licensor in exchange for a grant and right to
use and physically occupy portions of the poles and/or the public rights-of-way as provided
herein.
AGREEMENT
1. Definitions and Exhibits.
1.1. Definitions. For the purposes of this Agreement and all Exhibits attached hereto,
the following terms, phrases, words and derivations shall have the meaning given
herein.
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(a) Agreement means this Agreement for the Use of Licensor Property in
Connection with the Operation of a Wireless Network.
(b) Attachment Fee or Pole Attachment Fee means that fee described in
Section 4.1 of this Agreement.
(c) City means the City of Ukiah.
(d) Code means the Ukiah City Code and applicable federal and state codes.
(e) Equipment means Small Cell antennas and other wireless communications
equipment utilizing small cell technology that is specifically identified and
depicted in Exhibit 1 attached to each Site Supplement.
(f) EUSERC Requirements means requirements set forth by the Electric
Utility Service Equipment Requirements Committee.
(g) Hazardous Substance means any substance, chemical or waste that is
identified as hazardous or toxic in any applicable federal, state or local law
or regulation, including but not limited to petroleum products and
asbestos.
(h) Interference means physical interference and radio frequency interference.
(i) Laws means any and all applicable statutes, constitutions, ordinances,
resolutions, regulations, judicial decisions, rules, permits, approvals or
other applicable requirements of Licensor or any other governmental
activities under this Agreement or having jurisdiction that is applicable to
any aspect of this Agreement, including the Code, that are in force on date
of the execution of this Agreement, and as they may be lawfully enacted,
issued or amended during the term of this Agreement.
(j) Municipal Facility or Municipal Facilities means those Licensor owned
streetlight poles and utility poles located in the ROW that are designated
or approved by Licensor as being suitable for placement of Equipment and
over which Licensor exercises control, including under the Ukiah Joint
Use Agreement.
(k) Non-Municipal Facility or Non-Municipal Facilities means those non-
Licensor owned streetlight poles and utility poles located in the ROW that
are designated or approved by Licensor as being suitable for placement of
Equipment and over which Licensor is a permitted user under the Ukiah
Joint Use Agreement.
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(l) Permit means a permit issued and described in accordance with Laws,
which is used to regulate, monitor and control improvement, construction
or excavation activities, or other work or activity, occurring upon or
otherwise affecting the City ROW.
(m) Physical interference means where equipment, vegetation or a structure
obstruction in a necessary line-of-sight path.
(n) Radio frequency interference means the radiation or conduction of radio
frequency energy (or electronic noise) produced by electrical and
electronic devices at levels that interfere with the operation of adjacent
equipment.
(o) ROW means the surface of and the space above and below roads, streets
and alley rights-of-way and public utility easements now or hereafter
located and existing within the city limits of the City of Ukiah, California,
and dedicated or accepted for public use by the City or in which the City
has a right of use for public purposes, and, subject to the consent of
Licensor, other public ways of any type whatsoever now or hereafter
located and existing within the city limits of the City of Ukiah, California.
(p) Site Supplement means the form of the license granted by this Agreement,
described in Section 2 below, and shown on Exhibit A.
(q) Small Cell means compact communication sites in a mobile network but
providing a smaller coverage area than traditional macrocells.
(r) Term means the period that this Agreement is in effect as described in
Section 3.1 of this Agreement.
(s) Ukiah Joint Use Agreement means the Agreement dated January 3, 1918,
as amended by an Agreement dated October 10, 1930, among Licensor,
the predecessor to AT&T and a subsidiary of Comcast Corporation, under
which Licensor owns and shares poles within the ROW.
(t) Ukiah Joint Use Agreement Parties means the other parties to the Ukiah
Joint Use Agreement whose consent is required prior to any use by
Licensee of Non-Municipal Facilities.
1.2. Exhibits. The following numbered documents, which are occasionally referred to
in this Agreement, are formally incorporated and made part of this Agreement by
this reference:
(a) Exhibit A: Site Supplement.
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(b) Exhibit B: Minimum Limits of Insurance.
(c) Exhibit C: Ukiah Joint Use Agreement.
In the event of any conflict or ambiguity between this Agreement, including the above-
then this Agreement, together with the Exhibits, shall govern and prevail. In the event of any
conflict or ambiguity between this Agreement, including the Exhibits, and any Site Supplement,
then this Agreement shall govern and prevail unless otherwise stated in the Site Supplement.
2. Site Supplement Granted and Terms.
2.1. Scope. Licensor, acting in its proprietary capacity as the owner of Municipal
Facilities in the ROW, does grant to Licensee a non-exclusive license to use the
Municipal Facilities identified in Exhibit 1 to each Site Supplement to attach,
install, operate, maintain, upgrade, remove, reattach, reinstall, relocate and replace
the Equipment that may be required or desired to operate a Small Cell site (the
ms, conditions and other
provisions set forth in this Agreement, to applicable provisions of the Code, the
requirements of Licensor issued Permits, any applicable provisions of the Ukiah
Joint Use Agreement and all applicable Laws and reasonable regulations of any
regulatory agency having competent jurisdiction.
2.2. Use of Licensor Property. The Site Supplement allows Licensee to access,
occupy and use allocated available space on the Municipal Facility pole identified
in Exhibit 1 to each Site Supplement to attach, install, operate, maintain, upgrade,
remove, reattach, reinstall, relocate and replace the Equipment, as depicted in
such Exhibit 1, solely for the purpose of Licensee operating a Small Cell site.
Subject to any limitations and conditions required by this Agreement or by any
Permit or approvals issued by Licensor in association with any installations,
including, without limitation, any conditions reasonably required by Licensor to
address impacts on private property adjacent to the applicable Municipal Facility
pole, the Site Supplement also allows the installation, operation and maintenance
of ground based, pad mounted equipment cabinets and/or power pedestals needed
for the operation of Equipment attached to any of the Municipal Facilities,
together with any related conduit, cable or wiring, with the location of any such
cabinet or pedestal determined in connection with the issuance of any Permit (if
needed). With limited exceptions, such as in case of emergency, Licensee shall
have access to the Municipal Facilities upon which Equipment is installed twenty-
four (24) hours a day, seven (7) days a week, provided, however, if such access
requires entry onto private property or unduly interferes with access to or the
quiet enjoyment of private property, Licensee shall coordinate its access with the
owner or occupant of such private property to avoid or minimize the impacts of
the use.
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2.3. Limitations on Use. Except as otherwise expressly provided herein, the Site
Supplement does not authorize Licensee to:
(a) Occupy or use any poles, improvements or structures of any kind, or any
underground areas, whether within or without the ROW, other than the
items depicted in Exhibit 1 attached to a Site Supplement;
(b) Occupy or use any poles, improvements or structures of any kind, whether
within or without the ROW, that are located within one hundred feet
(c) Subject to Section 2.5 below, enter upon public property and attach,
install, operate, maintain, upgrade, remove, reattach, reinstall, relocate,
and/or replace any item of equipment in or on poles or other structures not
owned by and under the control of Licensor and located within the ROW,
unless Licensor is a permitted user under the Ukiah Joint Use Agreement.
2.4. Alterations. If Licensee proposes to install Equipment which is different in any
material way from the then-existing and approved Equipment, then Licensee shall
first obtain the written approval for the use and installation of the unauthorized
Equipment from an authorized representative of Licensor. In addition to any
other submittal requirements, and if requested by Licensor, Licensee shall provide
cilities upon which it intends
to modify Equipment in the ROW. Notwithstanding the foregoing, Licensee may
modify its Equipment with like-kind or similar Equipment in accordance with any
Permit issued without prior written approval of Licensor.
2.5. Additional Installations. If adequate Municipal Facilities do not exist and existing
Municipal Facilities cannot be upgraded to be made adequate for the attachment
of Equipment, Licensee may install its Equipment on the Non-Municipal
Facilities or other poles in the ROW lawfully owned and operated by third parties.
Subject to obtaining the written permission of the Ukiah Joint Use Agreement
Parties or other owner(s) of the affected property and any required Permits (and
paying any fees approved in advance by Licensee), Licensor hereby authorizes
and allows Licensee to enter upon the ROW and to attach, install, operate,
maintain, remove, reattach, reinstall, relocate and replace Equipment in or on
Non-Municipal Facilities or other poles or other structures lawfully owned and
operated by the Ukiah Joint Use Agreement Parties or other public utility
companies or property owners located within or outside the ROW as may be
permitted by such parties and the Ukiah Joint Use Agreement, if applicable. In
such situation, a Site Supplement shall be required but a Pole Attachment Fee
need not be paid. Licensee shall furnish to Licensor documentation in a form
acceptable to Licensor of such permission from the individual utility or property
owner responsible. Further, where Municipal Facilities exist that can be made
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adequate for the attachment of Equipment, Licensee may not install new poles or
structures or create a parallel path or route for its equipment, provided, however,
that Licensee may install additional poles or structures if necessary to complete a
path or route where existing Municipal Facilities terminate. Nothing herein is
intended to limit (i) any rights Licensee may have in accordance with Laws or the
Code to install its own poles in the ROW if Licensor and Licensee are unable to
mutually agree to enter into a Site Supplement, or if adequate Municipal Facilities
do not exist and existing Municipal Facilities cannot be upgraded to be made
adequate for the attachment of Equipment subject to necessary Permits, or (ii),
except as otherwise expressly set forth herein, any rights of Licensor under Laws
or the Code to regulate and charge for the use of the ROW or to regulate the use
of property outside the ROW.
3. Term of Supplements and Agreement; Cancellation; Termination; Removal or
Abandonment at Expiration.
3.1. Agreement Term. This Agreement shall be in effect for a period of no less than
ten (10) years commencing on the date that this Agreement is fully executed (the
omatically be extended for three (3)
Licensor or Licensee provides written notice to the other party of its intent not to
extend at least ninety (90) days prior to the end of the applicable term, provided,
however, that at the time of the extension, Licensee is not in Default, after written
notice and the expiration of any applicable cure period, under this Agreement.
3.2. Supplement Term. Each Site Supplement shall be in effect for a period of ten
with each Site Supplement, and expiring on the day before the tenth (10th)
anniversary of the Commencement Date unless sooner cancelled or terminated as
provided herein (
Default of the Site Supplement, the Supplement Term will automatically be
extended for up to three (3), successive, five (5) year periods (each, a
year extension of the
Supplement Term commencing immediately upon the expiration of the initial
period of the Supplement Term, and each additional five (5) year extension of the
Supplement Term commencing immediately upon the expiration of the preceding
additional period of the Supplement Term unless notice of non-extension is
provided to Licensor by Licensee prior to the commencement of the succeeding
Supplement Renewal Term. All of the provisions of this Agreement shall be in
effect during the Supplement Term and any extension of the Supplement Term
regardless of whether or not the term of the Agreement has expired. No new Site
Supplement shall be entered into during the last Agreement Renewal Term unless
an amendment to this Agreement has been entered into extending the Term.
3.3. Cancellation.
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(a) Licensee may cancel this Agreement or any Site Supplement before the
date of expiration by providing Licensor with ninety (90) days express
written notice of cancellation. Any prepaid Pole Attachment Fee shall be
retained by Licensor. This Agreement and all Site Supplements may only
be cancelled or terminated as provided in this Agreement or any Site
Supplement.
(b) Except as otherwise provided herein, Licensor may terminate this
any Supplement, for Cause upon ten
(10) days' prior written notice sent by Licensor to Licensee; in that event,
Licensor may exercise its legal rights and/or equitable remedies hereby
reserved under this Agreement or in law or equity at any time, including,
without limitation, the right to recover any uncollected annual costs and
fees that would be due and payable by Licensee to Licensor if this
Agreement had not been terminated during the Term for Cause. A
(i) Licensee has failed to cure a
material Default of this Agreement within thirty (30) days after it receives
efault can be cured and such
cure reasonably requires more than thirty (30) days to achieve, fails to
commence such cure within the specified period but, thereafter, diligently
continues such cure until completion thereof; (ii) the California Public
or other agency exercising jurisdiction over Licensee has, by final order or
action that is no longer subject to appeal, terminated or otherwise revoked
the Licensee's approval, authorization, certification or license to operate
the Equipment, to provide communications service, or to transact
business; or (iii) the Licensee's authority to do business in California has
expired or is rescinded or terminated by final order or action that is no
longer subject to appeal.
3.4. Changes in Law. The Parties acknowledge that the subject of wireline and
wireless communications facilities in the context of pole attachments has been
addressed and continues to be addressed by federal and California authorities. If,
during the term of this Agreement, a Law is adopted, amended or repealed and is
made binding upon the City and is applicable to this Agreement, then the Parties
agree to negotiate in good faith an amendment to this Agreement (or a new
agreement, as the case may be) to the extent necessary (if at all) to comply with
such Law. If the Parties cannot mutually agree to an amendment to this
Agreement (or a new agreement) within three (3) months after a Party receives
the other Party's request to negotiate an amendment to this Agreement (or a new
agreement, as the case may be) pursuant to this Section, then the Parties will agree
to submit the dispute to mediation and non-binding arbitration under mutually
acceptable terms and conditions.
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3.5. Abandonment. If Licensee abandons the use of a Municipal Facilities location for
a period of six (6) or more consecutive months, the Equipment for such Municipal
Facilities shall be removed at the expense of Licensee. In the event Licensee is
unable or refuses to remove such Equipment when requested by Licensor,
see and
Licensee shall be responsible for all costs incurred for such removal and shall
reimburse Licensor within forty-five (45) days of the Equipment removal.
4. Fees and Charges. Licensee shall be solely responsible for the payment of all fees and
charge
those set forth as follows:
4.1. Pole Attachment Fee. Licensee shall pay to Licensor an annual fee for each Site
Supplement pursuant to the following table:
Year: Pole Attachment Fee:
2018 $94.00
2019 $97.00
2020 $100.00
2021 $103.00
2022 $106.00
2023 $109.00
2024 $112.00
2025 $115.00
2026 $118.00
2027 $122.00
2028 $126.00
2029 $130.00
2030 $134.00
The initial Pole Attachment Fee for each Site Supplement shall be due as
of the Effective Date of each such Site Supplement, and shall not be
prorated for any partial initial year. Thereafter, the Pole Attachment Fee
for each Site Supplement shall be due on or before January 1 of each year
during the Supplement Term (or until such earlier time as such Site
Supplement is terminated). Notwithstanding the foregoing, Licensor and
Licensee acknowledge and agree that the initial Pole Attachment Fee
payment for any Site Supplement hereunder may not actually be paid by
Licensee until sixty (60) days after the Effective Date of such Site
Supplement. Commencing on January 1, 2031, the annual Pole
Attachment Fee shall be increased by three percent (3%) annually over the
rate previously in effect, such amount to be rounded up or down, as
applicable, to the nearest whole dollar. Licensor also hereby agrees to
provide to Licensee (i) a completed, current version of Internal Revenue
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Service Form W-9, or equivalent; and (ii) complete and fully executed
state and local withholding forms if required.
4.2. Permit and Additional Charges. No payment is collected under this Agreement
for any Permit issued in connection with the installation of Equipment at any
Municipal Facility. Permit requirements, fees and charges are solely governed by
the requirements imposed by the Code and approved policies and procedures.
Fees and charges for any such Permit will be collected at the time such a Permit is
applied for and issued. In the event work will be required to be done by Licensor
in connection with the installation of any Equipment (cable pulls, transformer
connections/upgrades, etc.), Licensee will be responsible for payment to Licensor
for such work, which work shall be approved in advance by Licensee. The cost of
said work will be based on a time and materials basis and payment shall be made
to Licensor within forty-five (45) days of submittal of the invoice to Licensee for
the work. Determination of any necessary work to be done by Licensor will be
established at the time each Site Supplement is negotiated, approved and a
subsequent application for new service is received by Licensor, and shall be stated
in the Site Supplement.
4.3. Taxes. Licensee shall pay all applicable city, county and state taxes levied,
assessed or imposed by reason of this Agreement or those related to any of
and Taxation Code section 107.6, Licensee is advised that it is solely responsible
for the payment of possessory interest taxes due under Revenue and Taxation
Code section 107 et seq.
4.4. Electric meter. Licensee shall install or cause to be installed a separate electric
ted equipment
cabinet as required by the EUSERC and Licensor. Licensee shall be responsible
for paying all applicable costs to provide service, including energy rate charges
for any electricity furnished by a utility to the Equipment. In lieu of installing a
meter, Licensor may, at its sole discretion, provide electricity to Licensee under
any particular Site Supplement. In this event, Licensor and Licensee may
mutually agree to a monthly fixed estimated kilowatt hour usage per service
location based upon the proposed equipment electrical ratings and a calculated
electricity usage based on other metered sites utilizing similar equipment, which
fixed kilowatt hour usage amount shall be stated in the applicable Site
Supplement. Licensee shall pay Licensor within thirty (30) days after receipt of
an invoice from Licensor for any such fixed kilowatt hour usage, or metered
kilowatt hour usage if the provision of such service is metered or submetered, at
the applicable commercial rates in effect at the time of the billing, including the
cost per kilowatt hour and other charges included in the applicable commercial
rate. All invoices for electricity consumption shall be sent by Licensor to
Licensee at Verizon Wireless, P.O. Box 2375, Spokane, Washington 99210-2375.
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Said fixed kilowatt hour usage will be subject to change following any alteration
to the proposed equipment electrical ratings.
4.5. Payments Made. All fees and/or additional payments shall be payable to
Licensor. All payments shall be in lawful money of the United States of America,
and shall be by check onlyelectronic funds transfer or credit card payments will
not be accepted.
4.6. Late Fee. Any Pole Attachment Fee or other fee due by Licensee hereunder that
remains unpaid for more than thirty (30) days after receipt of notice from
Licensor of the non-receipt thereof shall be subject to interest at the rate of one
Pole Attachment Fee or other fee, including accrued interest, during such thirty
(30) day period shall be treated as a material Default under this Agreement.
5. Additional License and Permits Required by Code. To the extent not in contravention
of any applicable Law, all of the Equipment will be installed, operated and maintained by
or on behalf of Licensee in accordance with applicable provisions of the Code regulating
wireless communications facilities. Licensee or its designee will be required to apply for
and obtain a Permit issued by Licensor for work performed within the ROW, and the
ROW will be used according to the plans submitted by Licensee and approved by
Licensor in issuing a Permit. Execution of this Agreement or any Site Supplement does
not constitute the issuance of a Permit. Additionally, Licensee will be required to submit
an application for new electric service for each installation in accordance with all policies
6. Basic Design and Installation Requirements for Using Municipal Facilities. The
basic design of the Equipment will be depicted in Exhibit 1 to each Site Supplement. All
cost and expense and in a good and
workmanlike manner, in accordance with any applicable industry standard, in accordance
with Licensor standards, and promptly completed. When Licensor and Licensee have
agreed on an existing Municipal Facility location as
Equipment but the existing Licensor-owned pole needs to be replaced or modified to
accommodate the Equipment, then Licensee shall pay to Licensor all costs related to
replacing the Licensor-owned pole and/or other work to accommodate the Equipment on
the pole, including but not limited to installation of the replacement pole (the
whether used by the Ukiah Joint Use Agreement Parties or any other user, transfer of the
streetlight fixtures and/or other items attached to the existing Licensor-owned pole to the
Replacement Pole, and removal and salvage of the existing Licensor-owned pole,
provided, however, that the approximate amount of such costs shall be approved in
advance by Licensee. Payment of the replacement or modification costs shall not provide
Licensee with any ownership interest in the Replacement Pole, and Licensor shall be
deemed to own the original Licensor-owned pole and the Replacement Pole. The
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installation or attachment of the Equipment using the Replacement Pole shall be at
shall be done by Licensor, unless otherwise agreed to in the Site Supplement, and
Licensee shall pay for all costs in accordance with Section 4.2. In no case will Licensee
have access to or ability to occupy any conduits owned by Licensor. The costs of such
work shall be approved in advance by Licensee and stated in the applicable Site
Supplement.
7. Common Conditions or Requirements Applicable to Site Supplements Issued Under
this Agreement.
7.1. Equipment Locations. For each installation, Licensee or its designee shall submit
plans and specifications for Licensor review and approval. Upon Licensor
approval, the approved plans shall be attached as Exhibit 1 to the applicable Site
Supplement. If Licensee desires to add new locations or, subject to Section 2.4,
make changes to existing locations, Licensee shall submit a proposed Site
Supplement or amended and restated Site Supplement, whichever the case may
be, indicating the additional Municipal Facilities that it wishes to use, or other site
alterations.
7.2. Damage to Licensor Property. If Licensee damages or disturbs the surface or
subsurface of any ROW or adjoining property, pole, streetlight fixture or other
public or private improvement in the exercise of the rights granted through this
Agreement, Licensee will promptly, at its own expense, and in a manner
reasonably acceptable to Licensor, repair the damage or disturbance.
7.3. Public Emergency. In the event of an emergency or to protect the public health or
safety, prior to Licensor accessing or performing any work on a Municipal
Facility on which Licensee has installed Equipment, Licensor may require
must move closer to the Equipment than the FCC recommended minimum
distance. In such case, Licensor will contact Licensee at (800) 264-6620 to
request immediate deactivation. Licensor, through the Ukiah Electric Utility,
reserves the right to de-energize the Equipment in the event of an emergency or if
deemed necessary due to immediate safety concerns, provided, however, Licensor
shall use commercially reasonable efforts to first provide reasonable notice to
Licensee of the same.
7.4. Pole Replacement.
(a) If a Municipal Facility needs replacement or repair due to a traffic
endeavor to promptly replace the applicable Municipal Facility. Upon
completion of the replacement, Licensor shall notify Licensee in order for
Licensee to install its Equipment. In the event of routine replacement of a
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Municipal Facility, Licensor and Licensee will work collaboratively to
facilitate the work to minimize disruption to either Party and their
respective operations. Notwithstanding the foregoing, if Licensor
determines that it is necessary to proceed with the replacement of a
Municipal Facility despite its best efforts to work collaboratively with
Licensee, it may nonetheless proceed to replace the Municipal Facility
without liability of any kind to Licensee and Licensee shall bear all costs
to remove and reinstall its Equipment.
(b) In the event of a Pole Replacement where the Equipment has not been
removed, Licensor will contact Licensee to pick up the Equipment and
Licensee can reinstall its equipment once the replacement pole is installed
and functioning as a Municipal Facility in accordance with the Site
Supplement and any necessary Permits for work within the ROW. Should
a damaged pole remain in temporary service adjacent to the replacement
pole, Licensee will be notified to remove/relocate its equipment and will
have up to thirty (30) days to accomplish said relocation (provided
however, such time frame shall be extended as required in order to obtain
any required Permit). If a relocation is not accomplished within such
thirty (30) day period, Licensor has the right to remove the equipment and
store it at its equipment yard at the sole expense of Licensee.
(c)
a Municipal Facility for its operation during a Pole Replacement period.
The temporary location must be acceptable to both Licensor and Licensee.
Conditions for such temporary use will be determined through negotiation
at the time of such need.
7.5. Removal and Relocation.
(a) Licensee understands and acknowledges that Licensor may require
Licensee to relocate one or more of its Equipment installations. Licensee
and expense whenever Licensor reasonably determines that the relocation
is needed for any municipal purpose including but not limited to: (i) if
required for the construction, modification, completion, repair, relocation
or maintenance of a Licensor or other public agency project including the
relocation of Equipment due to the installation of a traffic signal pursuant
to Section 2.3(b)
district; (iii) because the Equipment is interfering with or adversely
affecting proper operation of Licensor-owned Poles, traffic signals,
communications or other Municipal Facilities; or (iv) Licensor is
abandoning or removing the Municipal Facility. If due to a public
emergency or for other imminent public requirement, as reasonably
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determined by Licensor, the one hundred eighty (180) day period may be
waived, and Licensor shall provide Licensee such notice as is reasonable
given the circumstances. In any such case, Licensee may request a new
Site Supplement for an equivalent alternate location. If Licensee shall fail
to relocate Licensee
with the foregoing provision, Licensor shall be entitled to remove the
ipment as
required herein, Licensee shall pay to Licensor the actual costs and
expenses incurred by Licensor in performing any removal work and any
-five (45) days of
the date of a written demand for this payment from Licensor.
(b) In the event Licensee desires to relocate any Equipment from one
Municipal Facility to another, Licensee shall so advise Licensor. Licensee
shall submit to Licensor a new Site Supplement for consideration and
approval or disapproval.
7.6. Non-exclusiveness. Subject to Section 7.7(d), the rights and privileges granted to
Licensee under this Agreement, and each Site Supplement described herein, are
non-exclusive.
7.7. Non-interference. The following provisions shall apply to ensure and/or avoid
interference (both physical interference and radio frequency interference)
Equipment. Licensor communication is critical to public safety and the ability of
Licensor to
communications are secondary to Licensor and any other public safety entities.
(a) RF Interference. Licensee shall ensure that the Equipment will not cause
radio frequency interference with wireless communication facilities or
devices, cable television, broadcast radio or television systems, satellite
broadcast systems, or Licensor traffic, public safety or other public service
communications signal equipment existing at the time of installation of the
Equipment or at any time in the future. Further, Licensee shall not install,
operate, or allow the use of equipment, methodology or technology that
interferes with or is likely to interfere with the optimum effective use or
operation of Licensor's existing or future public safety, emergency or other
public service communication equipment, methodology or technology
(i.e., voice or other data carrying, receiving or transmitting equipment).
(b) Existing Uses. Licensee shall not interfere in any manner with the
existing uses of Licensor property including the ROW, and including
sanitary sewers, water mains, storm drains, gas mains, poles, aerial and
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underground electric and telephone wires, streetlight fixtures, cable
television, and other telecommunications, utility, sidewalks, streets,
bicycle lanes and municipal property without the express written approval
of the owner(s) of the affected property or properties.
(c) Licensor Communications. Licensee shall not interfere in any manner
with current or future Licensor public safety or public service
communication equipment or signals.
(d) Licensor Interference. Licensor agrees that it shall use commercially
reasonable efforts to include a provision in any future agreements with any
proposed tenants, licensees or users of the ROW who take possession of
space within the ROW after the Effective Date of the correspondent Site
Supplement that said tenant, licensee or user shall install only such
equipment that does not cause commercially unreasonable and harmful
interference licensed equipment within the ROW
which is measurable in accordance with the then existing industry
standards. Licensee shall be named in said agreement as a third-party
beneficiary with the same rights as Licensor to enforce that provision of
the agreement. Licensor and Licensee acknowledge and agree that, in the
event any other tenants, licensees or users of the ROW cause
commercially unreasonable and
Equipment, Licensee shall pursue any correspondent claims directly
against such interfering party to final adjudication. Notwithstanding the
foregoing, Licensor and Licensee acknowledge and agree that the
obligations of Licensor and the rights of Licensee pursuant to this Section
7.7(d)
safety and public service purposes as set forth herein, (b) any existing
contractual obligations of Licensor, and (c) the then-existing equipment of
other tenants, licensees or users of the applicable ROW as of the Effective
Date of the correspondent Site Supplement. Additionally, in the event of a
breach by Licensor of its obligations under this Section 7.7(d), License
sole remedy as to Licensor shall be limited to equitable remedies,
including injunctive relief and specific performance, and without any right
costs.
(e) Remedies. Without limiting any other rights or remedies, if interference
occurs and continues for a period in excess of twenty-four (24) hours
Network Operations Center at (800) 264-6620, Licensee shall immediately
reduce transmitter power or discontinue use of the equipment,
methodology or technology that causes the interference until Licensee
takes corrective measures to alter the Equipment to eliminate such
interference. If the Equipment is causing such interference, any such
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corrective measures shall be made at no cost to Licensor. If requested by
Licensor, Licensee shall provide to Licensor notice containing a list of the
radio frequencies Licensee is using at leased facilities.
8. .
Equipment, Licensor shall have no liability or responsibility to repair the same unless
such damage arose from the negligence or willful misconduct of Licensor, its employees,
agents or contractors; provided, howe
limited to the cost to repair or replace the same.
9. Title and Ownership.
9.1. Title to the Municipal Facility. Title to the Equipment, exclusive of the
Municipal Facility (original or replacement) used for support, but including
ground mounted equipment, shall remain with Licensee and shall constitute
or improvements
attached to the land.
9.2. No Ownership in Licensor Property. Neither this Agreement, nor any license
issued herein, nor any Permit separately issued for installation of any Equipment,
regardless of the payment of any fees and charges, shall create or vest in Licensee
any ownership or property rights in any portion or elements of the Municipal
Facilities, the underlying real property on which any Licensor owned poles or any
Equipment is located, or any portion of the ROW. Additionally, except as
otherwise expressly provided herein, Licensee acknowledges that this Agreement
does not constitute or create a leasehold interest or right to the benefit of any
Licensor property or portion thereof. Nothing contained in this Agreement shall
be construed to compel Licensee to construct, retain, extend, place or maintain
any poles or other facilities for the benefit of Licensor which are not needed for
9.3. . Subject to Section 10, Licensee accepts the Municipal
Licensor officer, agent, or employee, and subject to all applicable laws, rules and
intended purpose.
10. Maintenance and Repair. Subject to Section 7.2, Licensor shall maintain and keep the
Municipal Facilities containing Equipment in good condition and in accordance with
shall keep the Equipment and other improvements by Licensee on the Municipal
Facilities, if any, in good repair.
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11. Hazardous Substances. Licensee agrees that Licensee, its contractors, subcontractors
and agents, will not use, generate, store, produce, transport or dispose of any Hazardous
Substance on, under, about or within the area of a Municipal Facility or the ROW in
which it is located in violation of any applicable federal, state, county or local law or
regulation. Except to the extent of the negligence or intentional misconduct of Licensor,
Licensee will pay, indemnify, defend and hold Licensor harmless against and to the
extent of any loss or liability incurred by reason of any Hazardous Substance produced,
disposed of, or used by Licensee pursuant to this Agreement. Licensee will ensure that
any on-site or off-site storage, treatment, transportation, disposal or other handling of any
Hazardous Substance by or on behalf of Licensee will be performed by persons who are
properly trained, authorized, licensed and otherwise permitted to perform those services.
The Parties recognize that Licensee is only using a small portion of the ROW and that
Licensee shall not be responsible for any environmental condition or issue except to the
Agreement.
12. Indemnity. Licensee shall indemnify and hold Licensor and its employees, contractors
or agents harmless against and from any claim of liability or loss from personal injury or
property damage (i) resulting from or arising out of the negligence or willful misconduct
of Licensee, or (ii) based on a claim of inverse condemnation arising out of the presence
of Equipment on Municipal Facilities, except to the extent such claims or damages may
be due to or caused by the sole negligence or willful misconduct of Licensor or its
employees. Licensor will provide Licensee with prompt, written notice of any claim
covered by this indemnification; provided that any failure to provide any such notice, or
to provide it promptly, shall not relieve Licensee from its indemnification obligation in
respect of such claim. Licensor shall cooperate appropriately with Licensee in
request, against any claim with counsel reasonably satisfactory to Licensor. Licensee
shall not settle or compromise any such claim or consent to the entry of any judgment
without the prior written consent of Licensor and without an unconditional release of all
claims by each claimant or plaintiff in favor of Licensor.
13. Insurance Requirements.
13.1. . Licensee shall procure and maintain insurance in the
amounts and form specified in attached Exhibit B.
13.2. Certificates. If a certificate of insurance is submitted as verification of coverage,
Licensor will reasonably rely upon the certificate as evidence of coverage but this
acceptance and reliance will not waive or alter in any way the insurance
requirements or obligations of this Agreement. If any of the required policies
expire during the life of this Agreement, Licensee must forward renewal or
replacement certificates to Licensor within fifteen (15) business days after the
renewal date containing all the necessary insurance provisions.
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14. Assignment/Subletting.
14.1. This Agreement and each license granted herein is personal to Licensee and for
resell to others any such space or rights granted hereunder. Subject to Section
14.3, this Agreement and the related rights and privileges may not be assigned or
otherwise transferred without the express written consent of Licensor, which
consent shall not be unreasonably withheld, conditioned or delayed. Any
Agreement which is assigned or otherwise transferred pursuant to this Section
shall be equally subject to all the obligations and privileges of this Agreement,
including any amendments, which will remain in effect as if the assigned
Agreement was the original Agreement. After assignment, this Agreement,
including any amendments, shall be binding on the assignee to the full extent that
it was binding upon Licensee.
14.2. Any non-permitted transfer or assignment of the right to attach Equipment to a
Licensor-owned pole shall be void and not merely voidable. Licensor, in its sole
discretion and in addition to all other lawful remedies available to Licensor under
this Agreement, may collect any fees owed from Licensee all without prejudicing
any other right or remedy of Licensor under this Agreement. No cure or grace
periods shall apply to transfers or assignment prohibited by this Agreement or to
the enforcement of any provisions of this Agreement against a transferee or
14.3. Notwithstanding anything to the contrary in this Section 14, without any approval
or consent of Licensor, this Agreement and/or any Site Supplement may be sold,
assigned or transferred by Licensee to (i) any entity in which Licensee directly or
indirectly holds a controlling equity or similar interest; (ii) any entity which
directly or indirectly holds a controlling equity or similar interest in Licensee; or
(iii) any entity directly or indirectly under common control with Licensee.
Licensee may assign this Agreement and/or any Site Supplement to any entity
which acquires all or substantially all of Licensee's assets in the market defined by
the FCC in which the Municipal Facility is located by reason of a merger,
acquisition or other business reorganization without approval or consent of
Licensor.
15. Default.
Supplement and does not remedy the failure within (i) fifteen (15) days after written
notice by the other Party for a monetary breach, or (ii), as to any other breach of this
Agreement, thirty (30) days after written notice by the other Party or, if the failure cannot
reasonably be remedied in such time, if the failing Party does not commence a remedy
within the allotted thirty (30) days and diligently pursue the cure to completion within
ninety (90) days after the initial written notice.
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16. Remedies. In the event of a Default, without limiting the non-defaulting Party in the
exercise of any right or remedy which the non-defaulting Party may have by reason of
such Default, the non-defaulting Party may terminate this Agreement if the Default
affects all Site Supplements and the Agreement as a whole, or any Site Supplement
subject to the Default, and/or pursue any remedy now or hereafter available to the non-
defaulting Party under the Laws or judicial decisions of the State of California.
17. Surrender. Within ninety (90) days of the expiration of the Supplement Term of any
Site Supplement, or upon the earlier termination thereof, Licensee shall remove all
Equipment attached or ground mounted, at its sole expense, shall repair any damage to
the Municipal Facilities or the ROW caused by such removal, and shall restore the
Municipal Facilities to the condition in which they existed prior to the installation of the
Equipment (whether attached or ground mounted), reasonable wear and tear and loss by
18. Notices. Any notice, request, demand, statement or consent herein required or permitted
to be given by either Party to the other hereunder, shall be in writing signed by or on
behalf of the Party giving the notice and addressed to the other at the address as set forth
below:
Licensor: City Manager
City of Ukiah
Ukiah Civic Center
300 Seminary Avenue
Ukiah, California 95482
With copy to: Director Electric Utility
City of Ukiah
Ukiah Civic Center
300 Seminary Avenue
Ukiah, California 95482
Licensee: Cellco Partnership,
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Each party may by notice in writing change its address for the purpose of this Agreement, which
address shall thereafter be used in place of the former address. Each notice, demand, request or
communication which shall be mailed to any of the aforesaid shall be deemed sufficiently given,
served or sent for all purposes hereunder (i) two (2) business days after it shall be mailed by
United States registered or certified mail, postage prepaid and return receipt requested, in any
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post office or branch post office regularly maintained by the United States Postal Service, (ii)
upon personal delivery, or (iii) one (1) business day after deposit with any recognized
commercial air courier or express service. Any communication made by e-mail or similar
method shall not constitute notice pursuant to this Agreement.
19. Miscellaneous.
19.1. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the Parties, and supersedes all negotiations,
understandings or agreements. Any amendments to this Agreement must be in
writing and executed by both Parties.
19.2. Severability. If any provision of this Agreement is invalid or unenforceable with
respect to any Party, the remainder of this Agreement or the application of such
provision to persons other than those as to whom it is held invalid or
unenforceable shall not be affected and each provision of this Agreement shall be
valid and enforceable to the fullest extent permitted by law.
19.3. Governing Law. This Agreement shall be governed by the laws of the State of
California without regard to choice of law rules.
19.4. Exhibits. All Exhibits referred to and attached to this Agreement are incorporated
herein by reference.
19.5. Authority to Execute. Any individual executing this Agreement on behalf of or as
representative for a corporation or other person, partnership or entity, represents
and warrants that he or she is duly authorized to execute and deliver this
Agreement on behalf of such party, and this Agreement is binding upon such
party in accordance with its terms. Licensor hereby designates and authorizes the
Director of the Ukiah Electric Utility to execute all Site Supplements entered into
under this Agreement. This designation and authorization may be changed by
Licensor upon written notice to Licensee.
19.6. No Waiver. A Party shall not be excused from complying with any of the terms
and conditions of this Agreement by any failure of a Party upon any one or more
occasions to insist upon or to seek compliance with any such terms or conditions.
19.7. Force Majeure. With respect to any provisions of this Agreement, the violation or
non-compliance of any term of this Agreement which could result in the
imposition of a financial penalty, liquidated damages, forfeiture or other sanction
upon a Party, such violation or non-compliance shall be excused where such
violation or non-compliance is the result of acts of God, war, civil disturbance,
strike or other labor unrest, or other events, the occurrence of which was not
control.
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19.8. Limitation of Liability. Except for indemnification pursuant to Section 12,
neither Party shall be liable to the other, or any of their respective agents,
representatives or employees for any lost revenue, lost profits, loss of technology,
rights or services, incidental, punitive, indirect, special or consequential damages,
loss of data, or interruption or loss of use of service, even if advised of the
possibility of such damages, whether under theory of contract, tort (including
negligence), strict liability or otherwise.
19.9. Waiver of Jury Trial. Each of the Parties hereto hereby irrevocably waives any
and all right to trial by jury in any action, proceeding, claim or counterclaim,
whether in contract or tort, at law or in equity, arising out of or in any way related
to this Agreement or the transactions contemplated hereby. Each Party further
waives any right to consolidate any action in which a jury trial has been waived
with any other action in which a jury trial cannot be or has not been waived.
20. Consent of Ukiah Joint Use Agreement Parties. Pursuant to the Ukiah Joint Use
Agreement, Licensor and Licensee acknowledge and agree that the parties have obtained
the requisite consent of the Ukiah Joint Use Agreement Parties as necessary for
IN WITNESS WHEREOF, the parties have executed this Agreement as of this _____ day of
_______________, 2019
LICENSOR: LICENSEE:
City of Ukiah, a municipal corporation Cellco Partnership, a Delaware general
partnership, d/b/a Verizon Wireless
By: ______________________________
Name: ______________________________ By: ______________________________
Title: ______________________________ Name: ______________________________
Title: ______________________________
APPROVED AS TO FORM:
By: ______________________________
Name: ______________________________
Title: City Attorney
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EXHIBIT A
Form of Site Supplement
Supplement
Civil Center, 300 Seminary Avenue, Ukiah, California 9
and Cellco Partnership, a Delaware general partnership, d/b/a Verizon Wireless, with its
principal offices at c/o Verizon Wireless, 180 Washington Valley Road, Bedminster, New Jersey
1. Supplement. This is a Site Supplement as referenced in that certain Agreement for the
Use of Licensor Property in Connection with the Operation of a Wireless Network, between
and conditions of the Agreement are incorporated hereby by reference and made a part hereof
without the necessity of repeating or attaching the Agreement. In the event of a contradiction,
modification or inconsistency between the terms of the Agreement and this Supplement, the
terms of the Agreement shall govern unless otherwise stated in this Supplement. Capitalized
terms used in this Supplement shall have the same meaning described for them in the Agreement
unless otherwise indicated herein.
2. Project Description and Locations. Licensee shall have the right to use the Municipal
Facility or Non-Municipal Facility for Equipment at the designated areas in the ROW as further
3. Equipment. The Equipment to be installed at the Licensed Area is depicted in Exhibit 1
attached hereto.
4. Term. The term of this Supplement shall be as set forth in Section 3.2 of the Agreement.
5. Fees. The initial annual Attachment Fee for the term of this Supplement shall be
__________, as determined in accordance with the Agreement, and as adjusted by Section 4.1 of
the Agreement.
6. Commencement Date. The first day of the month following the date Licensee has
commenced installation of its Equipment at the Licensed Area.
7. Approvals/Fiber. It is understood and agreed that Licensee's ability to use the Licensed
Area is contingent upon its obtaining all of the certificates, permits and other approvals
required by any federal, state or local
authorities, as well as a satisfactory fiber and electrical connection which will permit Licensee
use of the Licensed Area as set forth above. In the event that (i) any of such applications for
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such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued
to Licensee is canceled, expires, lapses or is otherwise withdrawn or terminated by governmental
authority; (iii) Licensee determines that such Governmental Approvals may not be obtained in a
timely manner; (iv) Licensee determines that it will be unable to obtain in a satisfactory manner,
or maintain any fiber or power connection; or (v) Licensee determines that the Licensed Area is
no longer technically compatible for its use, Licensee shall have the right to terminate this
Supplement. Notice of Licensee's exercise of its right to terminate shall be given to Licensor in
writing by certified mail, return receipt requested, and shall be effective upon the mailing of such
notice by Licensee, or upon such later date as designated by Licensee. All license fee payments
paid to said termination date shall be retained by Licensor. Upon such termination, this
Supplement shall be of no further force or effect except to the extent of the representations,
warranties and indemnities made by each party to the other hereunder. Otherwise, Licensee shall
have no further obligations for the payment of the Attachment Fee to Licensor.
8. Consent of Ukiah Joint Use Agreement Parties. Pursuant to the Ukiah Joint Use
Agreement, Licensor and Licensee acknowledge and agree that the parties have obtained the
of the Licensed Area hereunder.
9. Miscellaneous. ______________________________.
\[Signature page follows\]
5:
Ukiah/Verizon Wireless Master Agreement
11318824_2
EXECUTED to be effective as of the date shown above.
LICENSOR: LICENSEE:
City of Ukiah, a municipal corporation Cellco Partnership, a Delaware general
partnership, d/b/a Verizon Wireless
By: ______________________________
Name: ______________________________ By: ______________________________
Title: ______________________________ Name: ______________________________
Title: ______________________________
APPROVED AS TO FORM:
By: ______________________________
Name: ______________________________
Title: City Attorney
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Exhibit 1
Equipment and Municipal Facility
\[see attached\]
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EXHIBIT B
1. General.
A. Prior to performing work under this Agreement, Licensee shall furnish Licensor a
certificate of insurance on a standard insurance industry ACORD form. Licensee shall also
provide a blanket additional insured endorsement including Licensor as an additional insured as
its interest may appear
Liability insurance. The insurance coverage required must be issued by an insurance provider
admitted to issue insurance in the State of California, possessing a current A.M. Best, Inc. rating
of A-VII or better, and coverage shall be reasonably satisfactory to Licensor.
B. Licensee shall procure and maintain the insurances set forth below. Licensee
shall also require any of its contractors to obtain and maintain substantially the same coverage as
required of Licensee until all of their obligations have been discharged.
C. The insurance requirements set forth below in no way limit the indemnity
covenants contained in this Agreement.
D. Licensor in no way warrants that the insurance limits contained in this Agreement
are sufficient to protect Licensee from liabilities that might arise out of the performance of this
Agreement by Licensee and its contractors, and Licensee is free to purchase any additional
insurance as may be determined necessary.
E. Failure to demand evidence of full compliance with the insurance requirements in
this Agreement or failure to identify any insurance deficiency will not relieve Licensee from, nor
will it be considered a waiver of, its obligation to maintain the required insurance at all times
during the performance of this Agreement.
2. Scope and Limits of Insurance. Licensee shall provide coverage with limits of liability
stated below.
A. Commercial General Liability Insurance-Occurrence Form. Licensee must
maintain Commercial General Liability insurance with a limit of $2,000,000.00 per occurrence
for bodily injury and property damage and $4,000,000.00 general aggregate including premises-
operations, products and completed operations, independent contractor, contractual liability,
personal injury and advertising injury.
B. Commercial Automobile Liability Insurance. Licensee must maintain
Commercial Automobile Liability insurance in the amount of $1,000,000.00 combined single
limit each accident for bodily injury and property damage covering all of Licensee owned, hired
and/or non-
activities under this Agreement.
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C. Workers Compensation and Employers Liability Insurance. Licensee must
maintain Workers Compensation insurance in compliance with the statutory requirements of the
accident, $1,000,000.00 disease for each employee, and $1,000,000.00 disease-policy limit.
D.
insurance must be maintained until whichever of the following first occurs: (i) final payment has
been made; or (ii) until no person or entity, other than Licensor, has an insurable interest in the
property required to be covered.
(1)
the insurance will not be canceled or lapse because of any partial use or
occupancy by Licensor.
(2) The Builders Risk/Installation Floater insurance must include as named
insureds, Licensor, Licensee and all tiers of contractors and others with an
insurable interest in the work.
(3)
Risk/Installation Floater insurance policy.
3. Additional Policy Provisions Required.
A. Miscellaneous Provisions.
(1)
Licensor, its officers, officials and employees and written on an
occurrence basis. Any insurance or self-insurance maintained by
Licensor, its officers, officials and employees shall be in excess of the
coverage provided by Licensee and must not contribute to it.
(2) sured against whom
a claim is made or suit is brought, except with respect to the limits of the
(3) The policies must contain a severability of interest clause and waiver of
subrogation against Licensor, its officers, officials and employees, for
losses arising from work performed by Licensee for Licensor.
(4) Licensee is required to maintain Commercial General Liability insurance
as specified in this Agreement for a minimum period of one (1) year
following completion and acceptance of the work. Licensee must submit a
certificate of insurance evidencing Commercial General Liability
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Ukiah/Verizon Wireless Master Agreement
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insurance during this period evidencing the insurance requirement and
including the required additional insureds set forth herein.
(5) If a certificate of insurance is submitted as verification of coverage,
Licensor will reasonably rely upon the certificate of insurance as evidence
of coverage but this acceptance and reliance will not waive or alter in any
way the insurance requirements or obligations of this Agreement.
(6) Upon receipt of notice from its insurer, Licensee shall use its best effort to
provide Licensor with thirty (30) days prior written notice of cancellation.
Such notice shall be sent directly to City of Ukiah, 300 Seminary Avenue,
Ukiah, California 95482.
B. Licensor as Additional Insured. The above-referenced policies shall, excluding
employees as an additional insured as their interest may appear under this Agreement with
respect to liability arising out of activities performed by Licensee.
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EXHIBIT C
Ukiah Joint Use Agreement
\[see attached\]
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2
3
4
Vehicle & Heavy Equipment Request & Justification
FOR FISCAL YEAR: 2019/2020
ITEM: TRUCK, COMMAND/CHIEF VEHICLE ASSET USEFUL LIFE: 5-10 YEARSESTIMATED COST: $35,000$50,000.00
SUBMITTED BY: DAN GREBIL, FIRE AUTHORITY ADMINISTRATOR
NEW REQUEST OR REPLACEMENT OF EXISTING?: Replacement of existing.
PROJECT
PROPOSED BUDGETED AMOUNT FOR
EACH DEPT/DIV
DEPARTMENT(S)DIVISION(S)CODEORG & OBJECT ACCOUNT CODE
FIRE AUTHORITYVALLEY FIRE1805991721400.80100$50,000.00
EXISTING VEHICLE OR EQUIPMENT REQUESTING TO BE REPLACED
VIN/SERIAL #
CITY EQUIPMENT #MODEL
YEAR
2006
6803Ford Expedition 4X4 1FMPU165161A67494
ESTIMATED LIFE IN CURRENT MILEAGE/HOURSORIGINAL PURCHASE PRICEESTIMATED SALVAGE/RESALE VALUE
MILEAGE/HOURS
100000 MILES/6,000 HOURS113,000
UNKNOWN UNKNOWN
CURRENT CONDITION: This vehicle is in fair condition.
MAINTENANCE COSTS TO DATEADDITIONAL NEEDED REPAIRS ESTIMATE (IF APPLICABLE)MEET CARB STANDARDS?
$6,600 from 2013 to PresentNoneYes
ESTIMATED OUT-OF-SERVICE TIMEPARTS AVAILABLE
56- Hours From 2013 to PresentOEM, AFTERMARKET
PROPOSED VEHICLE OR HEAVY EQUIPMENT
PROPOSED EQUIPMENT SPECIFICATIONS (ATTACH ADDITIONAL DOCUMENTATION IF NECESSARY): 2019 SUV 4X4
EST. MILEAGE/HOURS PER YEAR 3,000 - 5,000 MILES/600 HOURS
JUSTIFICATION/USE/NEED: This vehicle will serve as a Command/Chief vehicle for the Division Chief. Performing vital daily duties as well as
serving during fire operational needs.
COST/BENEFIT ANALYSIS: Based on past history, use of the vehicles should extend well beyond the standard useful life of 5-10 year, to most
likely 15 -20 years. The benefit it will provide is the necessary for staff to perform adequate fire operational needs/duties to the City and the
District.
OTHER INDIRECT BENEFITS: None.
ALTERNATE SOLUTIONS EXPLORED: N/A
ADDITIONAL COMMENTS: The vehicle being replaced will be removed from service and the fleet.
26
REVIEWED & APPROVED BY:SIGNATUREDATE
DEPARTMENT HEAD
FLEET MAINTENANCE SUPERVISOR
Vehicle & Heavy Equipment Request & Justification
FOR FISCAL YEAR: 2019/2020
ITEM: TRUCK, 1 TON SERVICE TRUCK ASSET USEFUL LIFE: 8-10 YEARSESTIMATED COST: $55,000
SUBMITTED BY: TIM SANTO ELECTRIC UTILITY SUPERINTENDENT
NEW REQUEST OR REPLACEMENT OF EXISTING?: REPLACEMENT OF EXISTING
PROJECT
PROPOSED BUDGETED AMOUNT FOR
EACH DEPT/DIV
DEPARTMENT(S)DIVISION(S)CODEORG & OBJECT ACCOUNT CODE
ELECTRIC V376480126100.80100$55,000.00
EXISTING VEHICLE OR EQUIPMENT REQUESTING TO BE REPLACED
VIN/SERIAL #
CITY EQUIPMENT #MODEL
YEAR
2007
3762FORD F-150 1FTRX12W18FA87376
ESTIMATED LIFE IN CURRENT MILEAGE/HOURSORIGINAL PURCHASE PRICEESTIMATED SALVAGE/RESALE VALUE
MILEAGE/HOURS
100,000 MILES107,000 MILES
$13,000.00$5,000.00
CURRENT CONDITION: Fair
MAINTENANCE COSTS TO DATEADDITIONAL NEEDED REPAIRS ESTIMATE (IF APPLICABLE)MEET CARB STANDARDS?
$6,586.00NoneMeets 2019 STDS
ESTIMATED OUT-OF-SERVICE TIMEPARTS AVAILABLE
40 hoursYes
PROPOSED VEHICLE OR HEAVY EQUIPMENT
PROPOSED EQUIPMENT SPECIFICATIONS (ATTACH ADDITIONAL DOCUMENTATION IF NECESSARY): 2019/2020 FORD F-250 SUPERCAB LONG BED 4X4
EST. MILEAGE/HOURS PER YEAR 5,000 - 7,000 MILES
JUSTIFICATION/USE/NEED: The vehicle will be used on a daily basis for electric department duties such as job assist, pre-check and post check
projects. Outage restoration support. Maintenance.
COST/BENEFIT ANALYSIS: Based on past history, use of the vehicles should extend well beyond the standard useful life of 8-10 year, to most
likely 10-15 years. Based on this estimation, the cost for the vehicle alone will be approximately $3,600 per year. The benefit to the City will
be the support this truck gives to the operation, maintenance and construction of the City's Electric Utility system.
OTHER INDIRECT BENEFITS: None.
ALTERNATE SOLUTIONS EXPLORED: Ongoing
ADDITIONAL COMMENTS:
27
REVIEWED & APPROVED BY:SIGNATUREDATE
DEPARTMENT HEAD
FLEET MAINTENANCE SUPERVISOR
Vehicle & Heavy Equipment Request & Justification
FOR FISCAL YEAR: 2019/2020
ITEM: LIFT, TELESCOPING ASSET USEFUL LIFE: 5-20 YEARSESTIMATED COST: $12,000
SUBMITTED BY: DAVE KIRCH, FLEET AND PLANT MAINTENANCE SUPERVISOR
NEW REQUEST OR REPLACEMENT OF EXISTING?: Replacement of existing.
PROJECT
PROPOSED BUDGETED AMOUNT FOR
EACH DEPT/DIV
DEPARTMENT(S)DIVISION(S)CODEORG & OBJECT ACCOUNT CODE
WATER RESOURCESWWTPE171884027225.80100$12,000.00
EXISTING VEHICLE OR EQUIPMENT REQUESTING TO BE REPLACED
VIN/SERIAL #
CITY EQUIPMENT #MODEL
YEAR
N/A
N/AN/A N/A
ESTIMATED LIFE IN CURRENT MILEAGE/HOURSORIGINAL PURCHASE PRICEESTIMATED SALVAGE/RESALE VALUE
MILEAGE/HOURS
N/AN/A
N/A N/A
CURRENT CONDITION: N/A
MAINTENANCE COSTS TO DATEADDITIONAL NEEDED REPAIRS ESTIMATE (IF APPLICABLE)MEET CARB STANDARDS?
N/AN/AN/A
ESTIMATED OUT-OF-SERVICE TIMEPARTS AVAILABLE
N/AN/A
PROPOSED VEHICLE OR HEAVY EQUIPMENT
PROPOSED EQUIPMENT SPECIFICATIONS (ATTACH ADDITIONAL DOCUMENTATION IF NECESSARY): JLG 400S TELESCOPIC BOOM LIFT, PROPANE OR ELECTRIC.
EST. MILEAGE/HOURS PER YEAR 50-75 hours
JUSTIFICATION/USE/NEED: Equipment is needed to perform maintenance to roofs and buildings. Service HVAC units and electric motors
throughout the facility.
COST/BENEFIT ANALYSIS: Staff is currently performing these tasks on ladders, which is a safety concern. Lift will also improve productivity.
Estimated life is expected to be approximately 25 years. Based on the cost of the equipment alone, cost per year would be approximately
$480 per year.
OTHER INDIRECT BENEFITS: Allow current WWTP staff to perform more maintenance, having the proper equipment to address the issues.
ALTERNATE SOLUTIONS EXPLORED: Rental of equipment has been considered, but would not meet the needs of maintenance issues that need
to be immediately addressed, to minimize plant down time.
ADDITIONAL COMMENTS: This was originally approved for the 18/19 FY budget, and has been rebudgeted for the FY 19/20.
28
REVIEWED & APPROVED BY:SIGNATUREDATE
DEPARTMENT HEAD
FLEET MAINTENANCE SUPERVISOR
Vehicle & Heavy Equipment Request & Justification
FOR FISCAL YEAR: 2019/2020
ITEM: UTILITY TASK VEHICLE (UTV)ASSET USEFUL LIFE: 5-10 YEARSESTIMATED COST: $35,000$22,000
SUBMITTED BY: DAVE KIRCH, FLEET & PLANT MAINTENANCE SUPERVISOR
NEW REQUEST OR REPLACEMENT OF EXISTING?: NEW REQUEST
PROJECT
PROPOSED BUDGETED AMOUNT FOR
EACH DEPT/DIV
DEPARTMENT(S)DIVISION(S)CODEORG & OBJECT ACCOUNT CODE
WATER RESOURCES WASTEWATER TREATMENT PLANT E496384027225.80100$22,000.00
EXISTING VEHICLE OR EQUIPMENT REQUESTING TO BE REPLACED
VIN/SERIAL #
CITY EQUIPMENT #MODEL
YEAR
N/A
N/AN/A N/A
ESTIMATED LIFE IN CURRENT MILEAGE/HOURSORIGINAL PURCHASE PRICEESTIMATED SALVAGE/RESALE VALUE
MILEAGE/HOURS
N/AN/A
N/A N/A
CURRENT CONDITION: N/A
MAINTENANCE COSTS TO DATEADDITIONAL NEEDED REPAIRS ESTIMATE (IF APPLICABLE)MEET CARB STANDARDS?
N/AN/AN/A
ESTIMATED OUT-OF-SERVICE TIMEPARTS AVAILABLE
N/AN/A
PROPOSED VEHICLE OR HEAVY EQUIPMENT
PROPOSED EQUIPMENT SPECIFICATIONS (ATTACH ADDITIONAL DOCUMENTATION IF NECESSARY): Kubota RTX-V900 or equal.
EST. MILEAGE/HOURS PER YEAR 400 HOURS/YEAR
JUSTIFICATION/USE/NEED: The vehicle will be used on a daily basis to operate and maintain the Wastewater Treatment Plant facility. This
includes pond level inspection, transporting tools/supplies and equipment as well as samples ot the on-site lab for analysis
COST/BENEFIT ANALYSIS: Based on past history, use of the vehicles should extend well beyond the standard useful life of 5-10 year, to most
likely 10-15 years. Based on this estimation, the cost for the vehicle alone will be approximately $1,466 per year. The benefit it will provide is
the necessary equipment needed for staff to perform adequate maintenance and operation of the Wastewater Treatment Plant.
OTHER INDIRECT BENEFITS: None.
ALTERNATE SOLUTIONS EXPLORED: None
ADDITIONAL COMMENTS: bhb9
29
REVIEWED & APPROVED BY:SIGNATUREDATE
DEPARTMENT HEAD
FLEET MAINTENANCE SUPERVISOR
Vehicle & Heavy Equipment Request & Justification
FOR FISCAL YEAR: 2019/2020
ITEM: POLICE CARS - INSURANCE REPLACEMENT - SEDAN ASSET USEFUL LIFE: 5-10 YEARSESTIMATED COST: $30,000$51,259
SUBMITTED BY: David McQueary
NEW REQUEST OR REPLACEMENT OF EXISTING?: REPLACEMENT OF EXISTING
PROJECT
PROPOSED BUDGETED AMOUNT FOR
EACH DEPT/DIV
DEPARTMENT(S)DIVISION(S)CODEORG & OBJECT ACCOUNT CODE
POLICEPOLICEV421610020210.80100$51,259.00
EXISTING VEHICLE OR EQUIPMENT REQUESTING TO BE REPLACED
VIN/SERIAL #
CITY EQUIPMENT #MODEL
YEAR
2017
4205 FORD INTERCEPTOR-SUV N/A
ESTIMATED LIFE IN CURRENT MILEAGE/HOURSORIGINAL PURCHASE PRICEESTIMATED SALVAGE/RESALE VALUE
MILEAGE/HOURS
100,000 MILES23,000
$0
CURRENT CONDITION: VEHICLE WAS DECLARED A TOTAL LOSS DUE TO A COLLISION. THE VEHICLE AND ALL ATTACHED EQUIPMENT WAS
SURRENDERED TO THE RESPECTIVE INSURANCE COMPANY IN EXCHANGE FOR THE REPLACEMENT PAYOUT OF $52,259.
MAINTENANCE COSTS TO DATEADDITIONAL NEEDED REPAIRS ESTIMATE (IF APPLICABLE)MEET CARB STANDARDS?
$1,453.08N/AYES
ESTIMATED OUT-OF-SERVICE TIMEPARTS AVAILABLE
OUT OF SERVICE SINCE COLLISION DATE OF 1/24/2019.N/A
PROPOSED VEHICLE OR HEAVY EQUIPMENT
PROPOSED EQUIPMENT SPECIFICATIONS (ATTACH ADDITIONAL DOCUMENTATION IF NECESSARY): Dodge Charger Pursuit
EST. MILEAGE/HOURS PER YEAR 10,000 + miles per year
JUSTIFICATION/USE/NEED: Police vehicles are equipped with safety equipment, radios, lights and sirens, provide transportation for police
services and are authorized for emergency response and pursuit activities. The department currently deploys as many as 5 uniformed patrol
officers a shift and 7 shared vehicles are currently within the fleet, to allow for scheduled maintenance activities, unanticipated mechanical
failures, and emergencies which may require the deployment of additional personnel.
COST BENEFIT/ANALYSIS: The vehicle was declared a total loss and has been surrendered to the respective insurance company, and out of
service time has been substantial.
OTHER INDIRECT BENEFITS: Reliability and availability will allow for better response time to calls.
ALTERNATE SOLUTIONS EXPLORED: N/A
ADDITIONAL COMMENTS: Original purchase price does not reflect total cost of fully outfitted vehicle for intended purpose and use.
2:
REVIEWED & APPROVED BY:SIGNATUREDATE
DEPARTMENT HEAD
FLEET MAINTENANCE SUPERVISOR
RESOLUTION NO.2019-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAHESTABLISHING THE
FISCAL YEAR 2019-20APPROPRIATIONS LIMIT FOR THE CITY OF UKIAH
WHEREAS, pursuant to Government CodeSection 7910, the City Council must, by
resolution,establish its appropriations limit for each fiscal year.
NOW, THEREFORE, BE IT RESOLVED THATthe appropriations limit for the City of
Ukiahfor the 2019-20Fiscal Year shall be forty-fourmillion, twohundred and fifty-onethousand,
andfifty-sixdollars($44,251,056).The appropriations subject to this limit are estimated to be
seventeenmillion, threehundred and twenty-four thousand, five hundred and thirty-sixdollars
($17,324,536).
This resolution was adopted by the City Council of the City of Ukiahat a regular meeting
thereof on the 19thday of June,2019,by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
MAUREEN MULHEREN, Mayor
ATTEST:
_____________________________
KRISTINE LAWLER,City Clerk
31
Page 1of2
EXHIBT A
32
Page 2of2
33
Fiscal Year 2019-20
Changes to Fund Balance/Working Capital
Estimated Estimated
Beginning Transfers Ending Fund
Fund NameFund BalanceRevenueExpendituresTransfers In(Out)Other In (Out)Balance
100$ 25,228,4533,423,157$ 21,050,796$ 429,000$ (3,140,887)$ -$ 4,888,927$
General Fund
Capital Project Funds:
120STREETS AND ROADS CAPITAL(1,978) - 3,520,274 2,995,887 - 509,051 (17,315)
220EQUIPMENT RESERVE FUND464,684 870 221 - - - 465,332
251SPECIAL PROJECTS RESERVE823,198 1,793 456 - - - 824,535
300PARK DEVELOPMENT FEES FUND29,424 78 20 - - - 29,482
301ANTON STADIUM FUND10,148 84 21 - - - 10,211
302OBSERVATORY PARK FUND5,280 29 7 - - - 5,302
303PLAYGROUND & PARK AMENITIES2,573 7 2 - - - 2,578
304SWIMMING POOL FUND(136,222) 22 6 - - - (136,205)
305RIVERSIDE PARK FUND20,342 1,063,753 882,470 - - - 201,624
306SKATE PARK FUND11,399 30 8 - - - 11,421
18 5 - - - 6,568
307SOFTBALL COMPLEX FUND6,554
607PROP. 84 GRANT FUND20 1 0 - - - 20
Total capital project funds1,124,669 3,642,425 6,953,268 2,995,887 - 509,051 1,318,762
Special Revenue Funds:
249CITY HOUSING BOND PROCEEDS1,301,128 - 500,000 - - - 801,128
250SPECIAL REVENUE FUND110,411 389 99 - - - 110,701
253CITY PROP 17228,926 63,220 104,731 - - - (12,584)
311ARRC GENERAL OPERATING FUND(39,975) 105,075 106,417 - - - (41,317)
312DOWNTOWN BUSINESS IMPROVEME 20,601- 20,601 - - - -
313LMIHF HOUSING ASSET FUND4,457,630 42,756 531,935 - - - 3,968,451
314WINTER SPECIAL EVENTS34,348 146,070 144,960 - - - 35,458
315ADVANCED PLANNING FUND420,390 250 64 - - - 420,576
500GAS TAX FUND257,219 703,661 367,562 - (304,000) - 289,318
5022107.5 GAS TAX FUND226 - - - - - 226
5032105 GAS TAX FUND3,188 - - - - - 3,188
505SIGNALIZATION FUND36,366 1,197 304 - - - 37,259
5071998 STIP AUGMENTATION FUND492,000 532,000 532,000 - - - 492,000
508SB325 REIMBURSEMENT FUND(138,543) 87 22 - - - (138,478)
509S.T.P.231 72,000 72,000 - - - 231
510TRANS-TRAFFIC CONGEST RELIEF(385,038) 67 17 - - - (384,988)
600COMM. DEVELOPMT. BLOCK GRAN 47,317121,997 9,061 - - - 160,253
601EDBG 94-333 REVOLVING LOAN- - - - - - -
602SUMMERCREEK (00-HOME-0452)1,807,986 235 60 - - - 1,808,161
60308-HOME-4688 FUND999,098 1,047 266 - - - 999,879
604CDBG GRANT 09-STBG-6417 FUND37 1 0 - - - 38
60511-HOME-7654 FUND757,931 1 0 - - - 757,931
606CDBG GRANT 10-EDEF-7261 FUND580,669 28 7 - - - 580,690
60913-CDBG-8940(436) 585 149 - - - -
611CDBG 16-CDBG-1114721 190,009 143,934 - - - 46,096
61216-HOME-11376- 487,500 487,500 - - - -
613HOME PROGRAM INCOME- 117,000 116,876 - - - 124
630ASSET SEIZURE FUND9,713 25,067 25,017 - - - 9,762
631ASSET SEIZURE(DRUG/ALCOHOL)8 - - - - - 8
633H&S EDUCATION 11489(B)(2)(A1)11,856 20,030 20,008 - - - 11,879
634FEDERAL ASSET SEIZURE GRANTS9,801 66 17 - - - 9,850
635SUP.LAW ENFORCE.SVC.FD(SLESF)98,359 125,053 113,049 - - - 110,363
636CBTHP OFFICER811,622 4,010 204,351 - - - 611,282
638ASSET FORFEITURE 11470.2 H&S50,254 162 25,041 - - - 25,375
639SPECIAL REVENUE POLICE8 125,000 8 - (125,000) - -
695TRANSFER STATION FUND69,098 405,567 24 - (405,473) - 69,168
750VISIT UKIAH FUND99,689 - 151,548 145,000 - - 93,141
Total special revenue12,006,218 3,236,051 3,677,629 145,000 (834,473) - 10,875,169
34
Permanent Funds:
400RIPARIAN CORRIDOR ENHANCEMENT143,775 2,418 615 - - - 145,578
Enterprise Funds*:
640PARKING DISTRICT #125,134 117,420 630,628 - - 500,000 11,926
700SANITARY DISPOSAL SITE FUND668,168 470,086 1,111,339 405,473 - - 432,389
701LANDFILL CORRECTIVE ACTION(634,925) - - - - - (634,925)
702DISPOSAL CLOSURE RESERVE FUND7,941,001 21,059 10,348,641 - - - (2,386,581)
704POST CLOSURE FUND-SOLID WASTE176,455 411 104 - - - 176,762
720GOLF FUND(797,048) 229,081 134,711 - - - (702,678)
730CONFERENCE CENTER FUND163,369 482,678 439,216 - - - 206,831
777AIRPORT FUND47,651 1,542,157 1,329,837 - (172,375) - 87,596
778AIRPORT CAPITAL IMPROVEMENT- 3,602,008 3,760,002 158,000 - - 6
779SPECIAL AVIATION FUND88,952 819 14,582 14,375 - - 89,563
800ELECTRIC FUND12,494,612 16,701,185 14,609,878 - (3,500,000) - 11,085,919
801ELECTRIC CAPITAL RESERVE FUND1,570,576 709,910 5,780,486 3,500,000 - - -
802ELECTRIC RATE STABILIZATION1,559,099 4,048 1,029 - - - 1,562,118
803LAKE MENDOCINO BOND FUND439,916 1,691 430 - - - 441,177
805STREET LIGHTING FUND(222,786) 195,126 195,162 - - - (222,821)
806PUBLIC BENEFITS CHARGES FUND63,335 450,654 515,647 - - - (1,657)
820WATER FUND860,844 11,997,372 5,893,108 - (9,989,496) 10,559,000 7,534,612
821WATER CAPITAL RESERVE FUND78,171 181 46 - - - 78,306
822WATER CONNECTION FEE FUND571,970 36,871 1,537,559 928,718 - - -
830RECYCLED WATER FUND(6,361,435) 26 5,078,837 9,210,778 - - (2,229,468)
840CITY WASTEWATER OPERATIONS FUND3,879,277 8,062,275 6,557,148 - (4,561,130) - 823,274
841SEWER BOND DEBT SERVICE FUND3,911,095 2,557,532 4,891,252 2,341,140 - - 3,918,515
842RATE STABILIZATION-CITY FUND2,973,777 7,720 1,963 - - - 2,979,535
843CONNECTION FEE SEWER FUND1,885,937 55,894 2,566 - - - 1,939,266
844CITY SEWER CAPITAL PROJECTS FUND12,260 10 2,082,260 2,069,990 - - -
Total enterprise funds31,395,405 47,246,214 64,916,431 18,628,474 (18,223,001) 11,059,000 25,189,665
Internal Service Funds*:
201WORKER'S COMP FUND698,684 1,073,255 1,441,413 - - - 330,526
202LIABILITY FUND1,089,637 544,023 745,659 - - - 888,002
203GARAGE FUND13,952 523,366 523,366 - - - 13,952
204PURCHASING FUND19,518 572,460 572,461 - - - 19,517
205BILLING AND COLLECTION FUND826,702 1,142,335 1,867,511 - - - 101,526
206PUBLIC SAFETY DISPATCH FUND(65,763) 1,420,195 1,354,433 - - - -
208BUILDING & MAINTENANCE FUND 786,158236,371 981,267 - - - 41,262
209IT FUND61,555 1,401,798 1,463,353 - - - -
Total internal service funds2,880,656 7,463,590 8,949,463 - - - 1,394,785
Total City Funds50,973,880 86,819,151 105,548,202 22,198,361 (22,198,361) 11,568,051 43,812,886
Fiduciary Funds**:
915UVFD GENERAL OPERATING FUND712,746 1,628,509 1,828,597 - (32,686) - 479,972
916UVFD PROP 172114,611 65,152 110,896 - - - 68,867
917UVFD MEASURE B216,885 166,993 162,418 - - - 221,460
918UVFD FIRE MITIGATION FEE(6,912) 25,001 57,686 32,686 - - (6,912)
963HOUSING DEBT FUND(145,977) - 408,125 554,103 - - -
966REDEVELOPMENT DEBT SERVICE390,488 233,291 623,779 233,202 - - -
968NON HOUSING BOND PROCEEDS FUND4,489,410 - - - - - 4,489,410
969REDEVELOPMENT SUCCESSOR AGENCY4,171,966 12,336 22,146 - (787,305) - 3,374,851
Total fiduciary funds9,943,217 2,131,282 3,213,647 819,991 (819,991) - 8,627,648
Total all funds60,917,097$ 88,950,433$ 108,761,849$ 23,018,352$ (23,018,352)$ 11,568,051$ 52,440,534$
*Denotes approximate available working capital.
**Denotes current assets. Funds held for the benefit of other agencies or entities.
35
Fiscal Year 2019-20
SCHEDULE OF TRANSFERS
Fund Transferring From (Transfers Out)Fund Transferring To (Transfers In)
FundFund
NumberFund NameAmountNumberFund NameAmount
100GENERAL FUND2,995,887 120STREETS CAPITAL IMPROVEMENTS2,995,887
100GENERAL FUND145,000 750VISIT UKIAH FUND145,000
500GAS TAX FUND304,000 100GENERAL FUND304,000
639AB 109 SPECIAL REVENUE POLICE125,000 100GENERAL FUND125,000
695TRANSFER STATION FUND405,473 700SANITARY DISPOSAL SITE FUND405,473
777AIRPORT FUND158,000 778AIRPORT CAPITAL IMPROVEMENT FU158,000
777AIRPORT FUND14,375 779SPECIAL AVIATION FUND14,375
800ELECTRIC FUND3,500,000 801ELECTRIC CAPITAL RESERVE FUND3,500,000
820WATER FUND9,060,778 830RECYCLED WATER FUND9,060,778
820WATER FUND928,718 822WATER CONNECTION FEE FUND (CAP928,718
840CITY SEWER OPERATIONS FUN150,000 830RECYCLED WATER FUND150,000
840CITY SEWER OPERATIONS FUN2,069,990 844CITY SEWER CAPITAL PROJECTS FU2,069,990
840CITY SEWER OPERATIONS FUN2,341,140 841SEWER BOND DEBT SERVICE FUND2,341,140
915UKIAH VALLEY FIRE DEPT32,686 918UVFD MITIGATION FEES32,686
969REDEVELOPMENT OBLIGATION RETIR233,202 966REDEVELOPMENT DEBT SERVICE FUN233,202
969REDEVELOPMENT OBLIGATION RETIR554,103 963HOUSING DEBT FUND554,103
Total Transfers Out$ 23,018,352Total Transfers In$23,018,352
36
2
3
4
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Uif!gpmmpxjoh!bdujwjujft!xjmm!cf!qfsgpsnfe-!xjui!pvudpnft!qspwjefe!bu!b!zfbs.foe!sfqpsu!up!uif!Djuz!
Dpvodjm;!!!
!
!Pqfsbuf!b!Wjtjups!Dfoufs!bu!uif!Vljbi!Wbmmfz!Dpogfsfodf!Dfoufs!uibu!jt!pqfo!up!uif!qvcmjd!gps!op!
gfxfs!uibo!gpvs!ebzt!qfs!xffl/!
!Qfsgpsnbodf!Joejdbups;!Nbjoubjo!sfhvmbs!pqfo!ipvst!boe!fotvsf!uibu!qspnpujpobm!nbufsjbmt!
bsf!dvssfou!boe!xfmm!tupdlfe/!
!
!Efwfmpq!boe!mbvodi!csboejoh!sfgsfti!boe!vqebufe!xfctjuf/!
!Qfsgpsnbodf!Joejdbups;!!Xpsl!xjui!csboejoh!dpotvmubou!up!efwfmpq!boe!mbvodi!vqebufe!
csboejoh!boe!xfctjuf!
!Qfsgpsnbodf!Joejdbups;!!Vqebuf!csboefe!bttfut-!jodmvejoh!usbef!tipx!nbufsjbmt-!tjhobhf-!
boe!cspdivsft!
!
!Jnqmfnfou!b!dpnqsfifotjwf!nbslfujoh!qmbo!uibu!jodmveft!qsjou!boe!ejhjubm!bewfsujtfnfout/!
!Qfsgpsnbodf!Joejdbups;!!Efnpotusbuf!tusbufhjd!qmbdfnfou!pg!qsjou!boe!ejhjubm!
bewfsujtfnfout!!
!
!Dpoujovf!up!fyqboe!tpdjbm!nfejb!pvusfbdi/!
!Qfsgpsnbodf!Joejdbups;!!Efnpotusbuf!uispvhi!bobmzujdt!jodsfbtfe!sfbdi!boe!fggfdujwfoftt!
up!ubshfu!nbslfut!
!
!Nbjoubjo!b!wjtjups.psjfoufe!xfctjuf-!jodmvejoh!b!dpnqsfifotjwf!fwfou!dbmfoebs/!
!Qfsgpsnbodf!Joejdbups;!Usbdl!wjtjups!vtbhf!uispvhi!bobmzujdt!
!
!Sfqsftfou!Vljbi!bu!pof!ps!npsf!usbef!tipxt/!
!Qfsgpsnbodf!Joejdbups;!!Efnpotusbuf!qbsujdjqbujpo!jo!bu!mfbtu!pof!usbef!tipx/!
!
!Benjojtufs!Tqfdjbm!Fwfou!Hsbou!Qsphsbn!po!cfibmg!pg!Nfoepdjop!Dpvouz!Upvsjtn!Dpnnjttjpo!
!Qfsgpsnbodf!Joejdbups;!Qspwjef!b!zfbs.foe!sfqpsu!uibu!eftdsjcft!uif!
tqfdjbm!fwfout!gvoefe!
!
!Efwfmpq!boe!ejtusjcvuf!bu!mfbtu!uisff!wjtjups.psjfoufe!ofxtmfuufst!
23
!Qfsgpsnbodf!Joejdbups;!!Vujmj{joh!b!dpnqsfifotjwf!ebubcbtf!pg!wjtjups!mfbet!boe!
tublfipmefst-!ejtusjcvuf!bu!mfbtu!uisff!wjtjups.psjfoufe!ofxtmfuufst!
2
3
(see
calendar from NCPA)
4
5