HomeMy WebLinkAbout2019-08-07 Packet
Civic Center Council Chamber 300 Seminary AvenueUkiah, CA 95482
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MAYOR MULHEREN PRESIDING.
The Pledge of Allegiance was led by Vice Mayor Crane.
Introduction was received.
Presentation was received.
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(COU No. 1920-091)
– Water Resources.
(COU No. 1920-092)
– Water Resources.
(COU No. 1617-141-A1)
– Public Works.
(2019-35)
– Community Development.
(2019-36)(2019-37)
– Community Services.
(2019-38)
– Community Services.
–
Community Services.
(COU No. 1920-093)
– Electric Utility.
No public comment was received.
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City Clerk, Kristine Lawler, read the following title into the record:
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(COU No.
1920-094)
(2019-39)
RECESS: 7:37 – 7:47 p.m.
Upon further discussion, Vice Mayor Crane withdrew his motion.
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THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:26 P.M.
Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200
City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case
No. SCUK- CVPT-15-66036
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Direction was given to staff.
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CITY OF UKIAH Attachment 1
REPORT OF DISBURSEMENTS
REGISTER OF PAYROLL AND DEMAND PAYMENTS
FOR THE MONTH OF JUNE
FUNDS:
100General Fund$316,417.46700Sanitary Disposal Site Fund$21,172.22
105Measure S General Fund701Landfill Corrective Fund
110Special General Fund702Disposal Closure Reserve Fund
120Streets Capital Improvement$1,188.33704Post Closure Fund - Solid Waste$0.00
201Worker's Comp Fund$550.96720Golf Fund$25,572.04
202Liability Fund730Confernence Center Fund$8,001.93
203Garage Fund$6,812.81750Visit Ukiah $3,602.18
204Purchasing Fund $1,438.83777Airport Fund$125,697.24
205Billing & Collections Fund$11,597.37778Airport Capital Improvement Fund$14,441.50
206Public Safety Dispatch Fund$1,537.25779Special Aviation Fund
207Payroll Posting Fund$239,880.30800Electric Fund$848,418.15
208Building Maintenance/Corp Yard Fund$26,249.71801Electric Capital Reserve Fund$584,147.67
209IT Fund$32,050.96803Lake Mendocino Bond Reserve
220Equipment Reserve Fund805Street Lighting Fund$12,766.31
249City Housing Bond Proceeds$0.00806Public Benefits Fund$8,785.66
250Special Revenue Fund$111.70820Water Fund$527,171.10
251 Special Projects Reserve Fund 822Water Capital Improvement Fund$22,417.48
253 CITY PROP 172$634.14830Recycled Water Fund$1,112,761.77
300Park Development Fund840City/District Sewer Fund $237,658.41
301Anton Stadium Fund$0.00841Sewer Contruction Fund
302Observatory Park Fund843Sewer Capital Fund
304Swimming Pool Fund $0.00900Special Deposit Trust$15,096.75
305Riverside Park Fund$0.00901General Service (Accts Recv)$10,370.94
306Skate Park Fund$0.00902U.S.W. Billing & Collection$36,893.40
310Museum Grants$2,390.00903Public Safety - AB 109$0.00
311Alex Rorbaugh Recreation Center Fund$4,112.50905Federal Emergency Shelter Grant
312Downtown Business Improvement Fund905Mendocino Emergency Service Authority
313LMIHF Housing Asset Fund911Russian River Watershed Association$70,348.33
314Winter Special Events915UVFD $13,750.40
315Advanced Planning Fund$0.00916UVFD PROP 172$634.15
5002106 Gas Tax Fund$82,232.90917UVFD Measure B$1,791.25
5012107 Gas Tax Fund918UVFD Mitigation$1,361.79
5032105 Gas Tax Fund940Sanitation District Special Fund$3,590.56
505Signalization Fund943Sanitation District Capital Improvement Fund
506Bridge Fund952REDIP Sewer Enterprise Fund
5071998 STIP Augmentation Fund960Community Redevelopment Agency
508SB325 Reimbursement Fund961RDA Housing Pass-Through
509S.T.P. Fund962Redevelopment Housing Fund
510Trans-Traffic Congest Relief Fund963Housing Debt
511Rail Trail Fund$12,438.75964RDA Capital Pass-Through
600Community Development Block Grant965Redevelopment Capital Improvement Fund
601EDBG 94-333 Revolving Loan966Redevelopment Debt Service
602Community Development Fund967Housing Bond Proceeds
60308-HOME-4688968Non-Housing Bond Proceeds
604CDBG Grant 09-STBG-6417969RDA Obligation Retirement Fund$2,481.00
60511-HOME-7654 Fund$0.00844/944Sewer Capital Projects Fund$13,479.63
606CDBG Grant 10-EDEF-7261
607Prop 84 Grant Fund
60913-CDBG-8940
610City RDA Projects Fund
630Asset Seizure FundRetainage Withheld$77,016.22
631Asset Seizure Fund (Drug/Alcohol)611CDBG 16-CDBG-11147$10,841.25
633H & S Education 11489(B)(2)(A1)
634Federal Asset Seizure Grants
635SUP Law Enforcement Service Fund
637Local Law Enforcement Block Grant
638Asset Forfeiture 11470.2 H & S$4,282.58
639Special Revenue - Police$0.00
640Parking District Fund$706.66
691Museum Fund$5,211.89
PAYROLL CHECK NUMBERS: 507071-507110TOTAL DEMAND PAYMENTS- A/P CHECKS$4,560,114.43
DIRECT DEPOSIT NUMBERS: 93289-93505TOTAL DEMAND PAYMENTS-WIRES* & EFT's$0.00
PAYROLL PERIOD: 05/19/19-06/01/19TOTAL PAYROLL CHECKS & DIRECT DEPOSITS$911,929.36
TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS)
PAYROLL CHECK NUMBERS: 507111-507171$578,335.92
DIRECT DEPOSIT NUMBERS: 93506-93730* vendor name( if applicable)
PAYROLL PERIOD: 06/02/19-06/15/19
PAYROLL CHECK NUMBERS:
DIRECT DEPOST NUMBERS:
PAYROLL PERIOD:
VOID CHECK NUMBERS: TOTAL PAYMENTS$6,050,379.71
3032876, 3033036, 3033035, 3032249, 3033126, 3032952
3032265, 93475, 507107, 507118
MANUAL CHECK NUMBERS:
507108, 507109, 507110, 507171
WIRE TRANSFER NUMBERS:
CERTIFICATION OF CITY CLERK
This register of Payroll and Demand Payments was duly approved by the City Council on ____________________.
City Clerk
APPROVAL OF CITY MANAGERCERTIFICATION OF DIRECTOR OF FINANCE
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I have examined this Register and approve same.I have audited this Register and approve for accuracy
and available funds.
____________________________________________________________________________________________
City ManagerDirector of Finance
Account Code Summary
Attachment 2
10000000General Fund20526430Electric Department - Meter Readers
10010000City Council20620231Ukiah Dispatch
10011100City Clerk20620232Ft Bragg Dispatch
10011300Elections20700000Payroll Posting Fund
10012100City Manager20822500Building Maintenance
10012200Administrative Support20824300Corporation Yard
10012400Miscellaneous General Government20922900IT Fund
10013400Finance Department22013300FA Replace - Finance UB
10014000City Attorney22020200FA Replace - Police Operations
10015100Treasury Management22021210FA Replace - Fire Administration
10016100Human Resources22022900FA Replace - Information Technology
10017100Economic Development22024100FA Replace - Garage
10018000Community Outreach 22024220FA Replace - Streets
10020217Animal Control 22024413FA Replace - Water Distribution Cap
10022100Parks 22024414FA Replace - Water Distribution O&M
10022300Aquatics22024421FA Replace - City Wastewater
10022800Recreation 25024210Engineering Reserve
10022810Recreation Administration25024300Corporation Yard Reserve
10022821Adult Basketball 25122900CIP - IT
10022822Adult Softball25123100CIP - Planning
10022824Co-Ed Volleyball25124210CIP - Engineering
10022831Youth Basketball25124220CIP - Streets
10022832Youth Softball25124410CIP - Water
10022840Day Camp25124421CIP - City Wastewater
10022850Classes & Clinics25126410CIP - Electric
10022860Special Activities30022200Park Development
10023100Community Planning30122210Anton Stadium
10023320Building Inspection30222220Observatory Park
10024210Engineering30522250Riverside Park
10024214Traffic Signals30622260Skate Park
10024620Streets 30822280Project Planning
10024224Storm Drains31022700Museum Grant
10514000Police - City Attorney31122000Alex Rorabaugh Recreation Center
10520210Patrol31217100Downtown Business Improvement District
10520214Police Reserves50524210Engineering - Signalization Fund
10520216COPS Grant50624210Capital Engineering
10520218Police - CSO50824210SB325 - Engineering
10520224Police - Major Crimes Task Force50824220SB325 - Streets
10521210Fire Administration50924210STP - Engineering
10521312Fire Volunteer Station50924220STP - Streets
20112400Worker's Compensation Fund51024220Trans - Traffic Slurry Seal
20212400Liability Fund 510X9999Trans -Traffic Project
20324100Garage Fund60217441Grant - CDBG 602
20413500Purchasing Fund60317442Grant - HOME 603
20513300Billing and Collections60417441Grant - CDBG 604
20514000Billing and Collections - City Attorney60517442Grant - HOME 605
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20524412Water Department - Meter Readers60517461First Time Homebuyer Program
Account Code Summary
Attachment 2
60517462FTHB Activity Delivery80026130Electric Substation
60517467FTHB - PIR80026140Reimbursable Work for Others
60600000CDBG Grant 10-EDEF-7261 Fund80026200Electric Metering
60617441Grant - CDBG 60680026300Electric Generation
60617451General Administration80026312Mendocino Hydro
60617452AD ED Direct Financial Assistance80026330Hydro Electric
60617453ED Direct Financial Assistance80026400Electric Administration
60717443Grant Prop 8480026410Electric General Administration
60724413Prop 84 Water Distribution Cap80026430Interdepartmental Charges
6090000013-CDBG-894080326330Hydro Plant
6091745813-CDBG-894080526610Street Lighting
63020210Asset Seizure Expenditure80626500Public Benefit
63120210Drug & Alcohol Education82027110Water
63320210H&S Asset Seizure Expenditure 82027111Water - Production O&M
63420250Fed Asset Seizure Expenditure 82027113Water - Distribution Capital
63520210SLESF82027114Water - Distribution O&M
63820210Asset Forfeiture 11470 82027115Water - Production Capital
64020213Parking Enforcement82227113Water - Distribution Capital
69122700Museum84027220Wastewater
70024500Landfill 70084027221Wastewater City - O&M
70224500Landfill Closure84027222Wastewater City - Capital
70424500Landfill Post closure84027225Wastewater Treatment - O&M
72022400Golf84027226Wastewater Treatment - Capital
73022600Conference Center84227220Wastewater
75017110Visit Ukiah84327222Wastewater City - Capital
77725200Airport Operations84427221Wastewater City Capital - O&M
77817411FAA Grant84427222Wastewater City - Capital
80026100Electric Administration90000000Special Deposit Trust Fund
80026110Electric Overhead91190100Russian River Watershed Assoc
80026120Electric Underground96900000Successor Agency
80100000 Infrastructure
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hĬƆĻĭƷ /ƚķĻ {ǒƒƒğƩǤ Attachment 3
12102INVENTORY OF SUPPLIES52526FRAUD INVEST. ASSESSMENT
12103STORES PURCHASES52527A.D.P. PREMIUM & DEDUCTIBLE
12104INVENTORY - PURCHASES52528LIABILITY INSURANCE
12105STORES ISSUES52529EARTHQUAKE & FLOOD PREMIUMS
51211PERS UNFUNDED LIABILITY52530POLLUTION-ENVIRON INS PREMIUM
51280OVERTIME/CALLOUT MEALS52531UMEMPLOY. INS EXPENSE
51285CALLOUT MILEAGE REIMBURSEMENTS52532SAFETY & TRAINING SUPPORT
52100CONTRACTED SERVICES52600RENT
52107CONTRACTED SERVICES-EIR52841SUCCESSOR AGENCY ADMIN
52108CONTRACT SERVICES-GPU54100SUPPLIES
52110AMBULANCE BILLING54101POSTAGE
52111MAINT. CONTRCTS - DEFIBRULATOR54102SMALL TOOLS
52112M. S. OVERSIGHT54105PHOTOGRAPHIC EXPENSE
52113PLANNING STUDIES54106SPECIALTY SUPPLIES
52114COMPLIANCE STUDIES54120PW - SPECIAL SUPPLIES
52120LABOR CHARGES FROM OTHER DEPAR54121PW - ASPHALT CONCRETE
52130EDUCATIONAL & MARKETING MATL'S54122PW - AGGREGATE BASE
52131ASSISTANCE TO SENIORS54123PW - CRACK SEALANT
52132EMERGENCY ASSISTANCE54124PW - CONCRETE/SUPPLIES
52133MONTHLY DISCOUNT PROGRAM54125PW - TRAFFIC PAINT
52134CONTRACT ADMINISTRATION54126PW-PREMARKS
52135ENERGY CONSERVATION PROGRAM54127PW - SIGN POSTS/SHEETING
52136PHOTOVOLTAIC RATES/INCENTIVE54128PW - COLD PATCH MATERIAL
52137PUBLIC BENEFITS PROGRAM MGMT54129PW - TACK OIL
52138NCPA PUBLIC BENEFITS PROGRAM54130PW - SAFETY
52139RESEARCH, DEVELOPMENT & DEMO54131PW - BARRICADES & CONES
52140LITIGATION EXPENSES54160HR - CITY LIABILITY & CONTRACT
52145DETACHMENT-SEWER-UVSD54161HR - BACKGROUND & PHYSICALS
52150LEGAL SERVICES/EXPENSES54162HR - ADVERTISING
52151AFLAC & PERS INSUR ADMIN FEES54163HR - INTERVIEW SUPPLIES
52170UKIAH WASTE SOLUTIONS54164HR - FORMS & OTHER DIV. EXP.
52171RESIDENTIAL BILLING CHARGE54165HR - NEW EMPLOYEE FINGERPRINT
52172COMMERCIAL OVERSIGHT FEE54166HR - DOT TESTING PROGRAM
52180SECURITY SERVICES54167HR - EMPLOYEE DEVELOPMENT
52301PROPERTY TAX ADMIN FEE54168HR - REMIF SAFETY TRNG & SUPPO
52302AMBULANCE FEES54201PRISONER EXPENSE
52303REHIT SUPPORT54202MAJOR CRIME INVETIGATIONS
52304LAFCO FEES AND PROP TAX EXP54320SOFTWARE
52500TRUSTEE FEES54330COMPUTER AND TECHNOLOGY
52510ADVERTISING & PROMOTION54500EQUIP RENTS AND LEASES
52515ADVERTISING & PUBLICATION54700FINES & PENALTIES
52521LIABILITY INSURANCE PREMIUM55100TELEPHONE
52522LIABILITY INSURANCE DEDUCT55200PG&E
52523BOILER/MACHINERY PREMIUMS55210UTILITIES
52524PROPERTY INSURANCE56100VEHICLE & EQUIPMENT MAINT. & R
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52525WORKER'S COMP. EXPENSE56110CITY GARAGE - PARTS
56121R & M RADIO EQUIPMENT56111CITY GARAGE - LABOR
56122R & M NON-AUTO EMS EQUIPMENT56112EQUIPMENT PARTS FOR RESALE
56123R & M COMPUTERS56120EQUIPMENT MAINTENANCE & REPAIR
56124MAINT CONTRACT DEFIBULATORS80235SYSTEM MAINTENANCE
56130EXTERNAL SERVICES80236EMERGENCY/CONTINGENCY
56210FUEL & FLUIDS90100LOAN PROCEEDS
56300BUILDING MAINT. & REPAIR90101LOAN PAYMENT RECEIVED
56410EQUIPMENT RENTAL - PRIVATE90301LOAN REPAYMENT
56504FACILITY MAINTENANCE & REPAIR90410BOND PROCEEDS
56600AIRFIELD MAINTENANCE & REPAIR
56700LANDFILL CLOSURE EXPENSE
57100CONFERENCE & TRAINING
57101CONF & TRAINING-AQUATICS
57102CONF & TRAINING-PARKS STAFF
57200MEETINGS
57300MEMBERSHIPS & SUBSCRIPTIONS
58101NCPA PLANT GENERATION
58102NCPA POWER PURCHASES
58103NCPA TRANSMISSION
58104NCPA MANAGEMENT SERVICES
58105NCPA THIRD PARTY SALES
58106NCPA PASS THROUGH COSTS
58107NCPA COMMITMENTS ACTIVITY
58201WATER PURCHASES
58202WATER TREATMENT PLANT CHEMICAL
58401AVIATION FUEL
58410GARAGE LUBRICANTS & PARTS
58510REIMBRSABLE JOBS
59100PROPERTY TAXES PAID
59101FEES
59102FRANCHISE FEES
59350PURCHASE DISCOUNTS TAKEN
59400OTHER EXPENSES
70101LOAN PAYMENTS MADE
70102BOND INTEREST PAYMENTS
70110BOND ISSUANCE COSTS
70201LOAN PRINCIPAL PAYMENTS
70202BOND PRINCIPAL PAYMENTS
80100MACHINERY & EQUIPMENT
80200BUILDINGS ACQUISITION
80210LAND ACQUISITION
80220BUILDING IMPROVEMENTS
80230INFRASTRUCTURE
80231RECYCLING STUDY 50% GRANT MATC
80232LINE REPLACEMENTS
80233MAIN REPLACEMENTS
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80234INFLOW/INFILTRATION
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SUMMARY OF PERSONNEL CHANGES FY 2019/2020
FINANCE
Reclassify Management Analyst-Finance to Financial Services Manager
Reclassify Procurement Manager to Financial Services Manager
Reclassify 1 Information Technology II to Information Technology Network Specialist
Add Part-Time, Limited Term Assistant Finance Director
Add Controller
HUMAN RESOURCES/RISK MANAGEMENT
Reclassify Public Works/HR Administrative Secretary to Human Resources Technician
COMMUNITY SERVICES
Reclassify Conference Center Event Coordinator to Assistant Facility Administrator
Add Senior Sports Coordinator to the Sports Coordinator series
PUBLIC WORKS
Eliminate 1 Equipment Mechanic
Reinstate Lead Equipment Mechanic
WATER RESOURCES
Water Utilities/Mechanics Unit reorganization and salary adjustment
OTHER SIGNFICANT CHANGES
Salary adjustment in Management Unit to bring equity amongst positions:
Management Analyst I
Associate Planner
Information Technology Administrator
Building Official
Wastewater Treatment Plant Supervisor
Water Treatment Plant Supervisor
Plant & Fleet Maintenance Supervisor
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Buubdinfou!$
AGREEMENT FOR UKIAH SKATE PARK CONCESSION SERVICES
THIS AGREEMENT made and entered on August ___, 2019 , in Ukiah,
California, by and between the City of Ukiah, a ityand Taylor Pedersen DBA:
Ukiah Brewing Company , a California for-ontractor .
RECTIALS:
1.The City owns the Ukiah Skate Park, a public recreation facility with a Concession Building
for food and beverage service, and surrounding grounds located at 1043 Low Gap Road.,
Ukiah, CA.
2.It is the desire of the City to contract for Concession Services at the Ukiah Skate Park.
AGREEMENT:
In consideration of the above-recited facts and the terms and conditions as set forth below,
the parties agree as follows.
1.TERM.
a.The initial term of this Agreement shall commence on the Effective Date and shall remain
in effect for five (5) years beginning with the 2019 season. The term of this Agreement may be
extended for one (1) additional period of five (5) years upon the mutual written consent of both the
Ukiah Brewing Company and the City Manager.
2.CONCESSION LICENSE.
City hereby grants to Contractor a license for the use of the Concession Building for the term
of this Agreement. The license to use the Concession Building shall coincide with the term of this
Agreement, and shall terminate when this Agreement terminates. The Concession Building includes
all existing fixtures, equipment and storage shall be available to the Contractor. It shall be the
Contractors responsibility for equipment maintenance and to replace any damaged equipment at the
Contractor shall use the Concession Building only for the management and
operation of the Ukiah Skate Park, and for no other purpose.
3.INDEPENDENT CONTRACTOR.
an independent contractor. The personnel performing services under this Agreement shall at all times
and shall be employees of the Contractor,
and not employees of the City, and shall not be entitled to the benefits provided by the City to its
employees, including but not limited to pension plans, health insurance and unemployment insurance.
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4 . OBLIGATIONS OF CONTRACTOR.
a. Contractor shall manage and operate Ukiah Skate Park Concession:
Manage all Concession Building operations including collection and accounting of all
revenues, and selecting and acquiring concessions to adequately to respond to demand.
Prepare and submit an annual statement for the operation which details the gross receipts
derived from all sales at the Concession Building.
Provide food and beverage concessions of sufficient quality and variety to meet customer
demand.
Contractor is fully responsible for the clean-up of their own trash and the disposing of
garbage. The City of Ukiah will provide trash receptacles. The contractor is responsible for
moving the receptacles to the parking lot for emptying when they are full. The contractor
will dispose of their own recycling as well
Contractor shall be responsible for closing bathrooms and locking gates at the end of each
night of operation.
Maintain appropriate insurance for protection against fire, theft, accident and general
policies for the Concession Building.
Enforcement of all rules and regulations which are adopted by the City Council. Rules and
regulations so long as they remain in effect shall be deemed to be incorporated herein and
by reference made a part of this Agreement.
The City will provide paper towels and toilet paper for the bathrooms and is responsible for
keeping the bathrooms stocked with these items. The Contractor agrees to clean and stock
the bathrooms when in Concessions is in operation and during special events. The City will
maintain the bathrooms during events and rentals in which the Contractor is not open.
b. Contractor Employees Contractor shall retain at all times on the premises
during hours of operation an employee of Contractor that is authorized to represent and act for
Contractor in matters pertaining to the exercise of the requirements hereby stated and to the
performance of the duties and obligations required in this agreement. Employees of the Contractor
who have contact with the public shall be clean, courteous and neat in appearance and demeanor at
all times. Contractor shall at all times have sufficient personnel at the premises to provide a level of
service customary in the industry.
5. SHARED REVENUE BY THE CONTRACTOR.
a. Definition of Gross Revenue
shall mean the gross selling price of all products and services sold in or from the Concession Building
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by Contractor, its employees, sub-contractors or agents, whether for cash or on credit, without
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exclusion, except as specifically excluded by this subsection or as otherwise agreed to in writing by
City. Gross Revenue shall include the value of all products or services given away or traded.
b. Amount of Payments The Contractor shall pay to City the following percentage
of Gross Revenue as defined above:
Five percent (5%) of Gross Revenue (No deductions)
6. RECEIPT OF REVENUE AND PAYMENT.
a. Register of Receipts An annual statement must be provided by the Contractor
that details the gross receipts derived from all sales at the Concession Building no later than January
th
15of each year.
b. Payment to the City of Ukiah The Contractor shall pay the fee due to the City of
Ukiah on an annual basis. The fee must be accompanied by documentation verifying the payments
due to the City.
7. ACCOUNTING AND FINANCIAL STATEMENTS.
a. Financial Record Keeping. Contractor shall install and maintain a system of cash
management, records and accounts, in a form approved by the City, which complies with Generally
from which the amounts of fees, gross
revenues from all sources, and other financial data necessary to fulfill the requirements of this
Agreement readily can be ascertained. Contractor shall permit City, through its designated
representatives, to inspect and audit such accounts and all other records of Contractor at any time
upon demand.
b. Accounting. Contractor shall keep true and accurate books and records in
accordance with GAPP, consistently applied, and which are subject to audit in accordance with
GAPP, showing all transactions related to the operations covered by this Agreement.
c. Financial Statements. The City may require complete financial statements for the
operations covered by this Agreement satisfactory in form to the City, prepared by a Certified Public
Accountant with an unqualified opinion annexed thereto including, but not limited to:
Comparative balance sheets if available;
Comparative operating statements if available;
Changes in investment in property and equipment;
Such financial statements shall be submitted to the City within ninety (90) days following the
directed to the City prepared by the Certified Public Accountant that the payments to the City of the
year
Agreement. City agrees that said financial statements shall be submitted on a confidential basis and
shall not be disclosed to third parties unless required by statute or regulation.
8. HAZARDOUS MATERIALS.
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a. Definition
material or substance (whether in the form of a liquid, a solid, or a gas and whether or not air-borne),
which is or is deemed to be a pollutant or a contaminant, or which is or is deemed to be hazardous,
toxic, ignitable, reactive, corrosive, dangerous, harmful or injurious, or which presents a risk, to public
health or to the environment, or which is or may become regulated by or under the authority of any
applicable local, state or federal laws, judgments, ordinances, orders, rules, regulations, codes or
other governmental restrictions, guidelines or requirements, or any amendments or successor(s)
thereto.
b. Hold Harmless Contractor and City shall indemnify, defend and hold harmless
the other party and its officers, officials, employees and agents with respect to all losses arising out of
or resulting from the release of any Hazardous Material in or about the Concession Building, or the
violation of any law enacted for the protection of the environment or regulating Hazardous Material, by
liabilities, obligations, penalties, fines, claims, actions (including remedial or enforcement actions of
any kind and administrative or judicial proceedings, orders, or judgments), damages (including
consequential and punitive damages), and costs (including attorney, consultant, and expert fees and
expenses) resulting from the release or violation. This indemnification shall survive the expiration or
termination of this Agreement.
c. Allowable Materials Contractor shall not use or bring into the Concession Building
any Hazardous Material other than Hazardous Materials commonly used on equipment or household
hazardous materials commonly used in connection with cleaning. Contractor shall use, store and
dispose of all such Hazardous Material in strict compliance with all applicable statutes, ordinances
and regulations in effect during the term of this Agreement.
9. TAXES.
a. Definition
assessment, possessory interest tax, license fee, license tax, tax or excise on rent, or any other levy,
State, County or City, on any interest of Contractor in the Concession Building, its improvements,
fixtures, inventory, or any other aspect of its business.
b. Payment of Taxes by Contractor. Contractor shall pay all taxes attributable to the
Concession Building when due and payable. Pursuant to Section 107.6 of the Revenue and Taxation
Code, City hereby advises, and Contractor recognizes and understands, that this Agreement may
create a possessory interest subject to property taxation and that the Contractor may be subject to the
payment of property taxes levied on such interest. Contractor shall pay taxes directly to the Assessor
on or before the date such taxes are due and payable.
10. INSURANCE.
Contractor shall at all times during the term hereof, produce and continue in force
Comprehensive General Liability Insurance, which includes coverage for liquor liability,
Compensation
by Contractor as set forth in this Article, if such increases are commercially reasonable.
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11. WAIVER OF SUBROGATION.
Contractor and City hereby waive and release any and all right of recovery against the other,
including employees and agents, arising during the Term for any and all loss or damage to any
property located within or constituting a part of the building in which the Concession Stand is located,
including loss of rental income, which loss or damage arises from the perils covered by Fire and
Extended Coverage Policy to the extent such loss or damage is not within a deductible and is actually
paid under the policy. This mutual waiver is in addition to any other waiver or release contained in this
Agreement. City and Contractor shall each have their insurance policies issued in such form as to
waive any right of subrogation which might otherwise exist.
12. INDEMNITY.
Contractor shall indemnify, defend, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, expense, costs
(including without limitation costs and fees of litigation) of every nature occurring at the Concession
Building
except such loss or damage which was caused by the sole negligence or willful misconduct of City.
Contractor shall promptly notify City or any death, serious injury or substantial property damage
occurring on or about the Concession Building.
13. UTILITIES.
Contractor shall pay one hundred percent (100%) of the utilities, including electric, gas, for the
Concession Building. The City shall not be liable in damages for any failure or interruption of any
utility or service, unless caused by an act or failure to act by City. No failure or interruption of any
utility or service, unless caused by City, shall entitle Contractor to terminate this Agreement.
14. REPAIRS AND MAINTENANCE.
a. . Contractor shall, during the term of this Agreement (except for
normal wear and tear, damage by casualty or condemnation, and that caused by City) maintain and
keep in good order, condition, and repair the interior nonstructural portions of the Concession
Building, including all improvements constructed by Contractor therein, including, but not limited to,
the following: the interior surface of exterior walls; all windows, doors, door frames, and door closures;
all plate glass, storefronts and showcases; all carpeting and other floor covering; and all interior
plumbing, doors, door locks, display windows, window casements, light bulbs, installed therein.
Contractor shall as necessary, or when required by governmental authority, make modifications or
replacements of the foregoing. The parties acknowledge that the premises are public property which
the City has a responsibility to ensure are used in a manner which effectively serves the Ukiah
Brewing Companylic. Accordingly, the City has a greater interest than most owners in ensuring the
quality of the maintenance and operation of the premises. At all times, Contractor shall maintain and
operate the Concession Building in a first-class manner, and furnish and maintain a standard of
service at least equal to the better class of similar businesses during the entire term of this
agreement. Contractor shall keep all fixtures, furnishings and equipment within those portions of the
facility occupied by Contractor clean, neat, safe, sanitary, in good order and in first-class condition
and repair at all times. Contractor shall maintain and operate the Concession Building in accordance
with the highest commercial standards of cleanliness and shall keep the Concession Building clean
and free from rubbish. Any repair work must be done according to the manufactures guidelines. The
City will not reimburse the Contractor for any maintenance costs.
:
5
b. City Duties. City shall, at its sole cost and expense, maintain, repair and replace the
following: the foundation, roof, roofing, building exteriors, and structural portions of the Concession
Building. City shall repair any damage or defects caused by the negligence of City, its agents or
contractors, or by any previous City work done improperly. Contractor shall give City notice of such
repairs as may be required under the terms of this Article, and City shall proceed forthwith to effect
the same with reasonable diligence, but in no event later than thirty (30) days after having received
notice. If the time required to make the repairs exceeds thirty (30) days, the City shall commence the
repairs within that time and exercise due diligence to complete them in a reasonable time.
c. Right of Entry. The License granted to Contractor does not restrict the City and its
authorized officers, employees or contractors from entering the Concession Building at any time for
any legitimate municipal purpose, including, but not limited, to inspection, repair, maintenance or
emergency response. City shall exercise due care when entering the Concession Building to avoid
harm to or loss of trade fixtures, inventory, equipment or other personal property owned by Contractor
which is located within the Concession Building.
15. ALTERATIONS.
a. Prior Consent.
any structural alterations, improvements, or additions of a structural nature, or exterior design
modifications in, or install any exterior signs, decoration or painting, or build any fences, or install any
radio or television antennae, loud speakers, sound amplifiers or similar devices on the roof or exterior
of the Concession Building, or make any changes to the exterior of the Concession Building or any of
b. Proposal for Improvements. Any Alterations shall be presented to City in written form
for conceptual approval. If conceptually approved, Contractor shall submit proposed detailed plans.
City shall respond to any such submission promptly within thirty (30) working days after receipt. If City
fails to respond within such thirty-day period, Contractor may give City ten (10) days written notice of
its intention to proceed with the proposed Alteration. If City fails to respond within such ten-day period,
City shall be deemed to have given its consent to the proposed Alteration. If City shall give its
consent, the consent shall be deemed conditioned upon Contractor acquiring a permit to do the work
from appropriate governmental agencies, the furnishing of a copy thereof to City prior to the
commencement of the work and the compliance by Contractor of all conditions of said permit in a
prompt and expeditious manner.
c. Quality of Work All work with respect to alterations must be done in a good and
professional manner and diligently prosecuted to completion to the end that the improvements on the
Concession Building shall at all times be a completed unit except during the period of work. Any such
Alterations shall be performed and done strictly in accordance with the laws and ordinances relating
thereto. Contractor shall have the work performed in such a manner so as not to unreasonably
obstruct the access of any other Contractor in the Building.
16. MECHANICS LIENS.
a. Responsibility for Payment Contractor hereby agrees that it will pay or cause
to be paid all costs for work done by it or caused to be done by it on the Concession Building, and it
21
will keep the Concession Building
6
Contractor or persons claiming under it.
b. Security If Contractor shall desire to contest any claim of lien, it shall furnish City
adequate security pursuant to Section 3143 and such other applicable provisions of the California
Civil Code, plus estimated costs and interest, or a bond of a responsible corporate surety in such
amount as is necessary to release the lien, or provide City with evidence that enforcement of the lien
is stayed. If a final judgment establishing the validity or existence of a lien for any amount is entered,
Contractor shall pay and satisfy the same at once.
c. In Case of Default If Contractor shall be in default in paying any charge for which a
security to protect the Concession Building and City against such claims of Lien, then City may, but
shall not be obligated to, pay the said claim and any costs, and the amount so paid, together with
Contractor to City, and Contractor agrees to and shall pay the same with interest at the legal rate.
d. Notice of Lien Should any claims of lien be filed against the Concession Building or
any action affecting the title to such property be commenced, the party receiving notice of such lien or
action shall forthwith give the other party written notice thereof.
17. DAMAGE AND DESTRUCTION.
In the event of the partial or total damage or destruction of the building of which the
Concession Building is a part during the Term or any extensions thereof, from any cause, City shall, to
the extent of the proceeds available to City, forthwith repair and reconstruct said building to
substantially the same condition which said building was in immediately prior to such damage or
destruction, provided such repairs or reconstruction can be made under then existing laws and
regulations. Notwithstanding anything to the contrary, in the event the Concession Building is (1)
partially or totally damaged or destroyed by a cause or casualty other than those covered by said
insurance and the City does not elect to repair such damage at its sole cost, or (2) the Concession
Building is partially or totally damaged or destroyed by any cause at any time during the last two (2)
years of the Term hereof (including any Option Terms, if exercised), or (3) in the event the building in
which the Concession Building is situated is damaged or destroyed by any cause or casualty to the
extent that more than thirty-three percent (33%) of the replacement cost thereof at the time of such
damage or destruction is uninsured, then either party may elect to terminate this Agreement by giving
notice of such termination within ninety (90) days after the occurrence of such damage or destruction;
provided that, with respect to the occurrence of an event specified above, if either party elects to
terminate this Agreement, the other party shall have thirty (30) days after receipt of such notice of
termination to notify the other of its election to repair and rebuild the buildings and other
improvements so damaged or destroyed at its cost and expense in which event this Agreement shall
not be terminated, such repairs and rebuilding to be performed as soon as reasonably possible.
If there is a partial destruction of the Concession Building building but the Contractor can
reasonably continue to operate the Concession Building, notwithstanding such destruction and prior to
the repair of such damage, the Contractor may continue to perform under this Agreement.
18. CONTRACTOR DEFAULTS.
The occurrence of any one or more of the following events shall constitute a material default
and breach of this Agreement by Contractor:
22
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a. Material default and breach:
(1) Any failure by Contractor to make any payment to City required hereunder
as and when due where such failure continues for ten (10) days after receiving written notice from City
of such failure.
(2) A failure by Contractor to observe and perform any other provisions of
this Agreement to be observed or performed by Contractor, where such failure continues for thirty (30)
days after written notice thereof by City to Contractor; provided, however, that if the nature of such
default is such that the same cannot reasonably be cured within such thirty (30) day period,
Contractor shall not be deemed to be in default if Contractor shall within such period commence such
cure and thereafter diligently prosecute the same to completion.
(3) Repeated violations of the same provision of this agreement for an
unreasonable number of times. Contractor shall be deemed to have committed a repeated violation
for an unreasonable number of times if Contractor fails to perform the same provision more than three
times over the course of this agreement and each time City gives Contractor notice of such violation,
even if Contractor subsequently cures the violation.
(4) The making by Contractor of any general assignment for the benefit of
creditors; the filing by or against Contractor of a petition to have Contractor adjudged a bankrupt of or
a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case
of a petition filed against Contractor, the same is dismissed within sixty (60) days); the appointment of
assets located at the
Concession Building
to Contractor within thirty (30) days; or the attachment, execution or other judicial seizure of
ssets located at the Concession Building
this Agreement, where such seizure is not discharged within thirty (30) days.
b. In the event of any such default by Contractor, then in addition to any other remedies
available to City at law or in equity, City shall have the immediate option to terminate this Agreement
and all rights of Contractor hereunder by giving written notice of such intention to terminate. If City so
terminates this agreement, then in addition to any other remedies available to City at law or in equity,
operator of the Concession Building.
c. In the event of any such default by Contractor, City shall also have the right, with or
without terminating this Agreement, to Concession Building
and the City may take exclusive possession of the subject premises, including all improvements,
equipment and inventory thereon, remove all persons and property therefrom by summary
proceedings or otherwise; such property may be removed and stored in a public warehouse or
elsewhere at the cost of and for the account of Contractor.
19. CITY DEFAULTS
If City should be in default in the performance of any of its obligations under this Agreement,
which default continues for a period of more than thirty (30) days after receipt of written notice from
Contractor specifying such default, or if such default is of a nature to require more than thirty (30)
days for remedy and continues beyond the time reasonably necessary to cure (provided City must
have undertaken procedures to cure the default within such thirty (30) day period and diligently pursue
23
such efforts to cure to completion), Contractor may, in addition to availing itself of any other remedies
8
available at law and in equity, at its option, upon written notice, terminate this Agreement.
20. SURRENDER OF PREMISES.
Upon expiration or termination of this Agreement, Contractor shall quit and surrender the
Concession Building with all the improvements thereon in as good state and condition as the same
were when Contractor commenced the use thereof pursuant to this Agreement, reasonable wear and
tear excepted. Upon expiration or termination of this Agreement, Contractor agrees, unless otherwise
permitted in writing by City, to remove all personal property belonging to Contractor. Contractor shall,
at its own expense, repair all damage to the Concession Building including, but not limited to, any
damages caused by the removal of its personal property. All improvements shall remain the property
of the City and shall not be removed by Contractor. All personal property belonging to the City or
purchased with City funds shall remain the property of the City and shall not be removed by
Contractor.
21. SUBORDINATION.
placed by City upon the Concession Building or building of which the Concession Building forms a
part with an insurance company, bank or any other institutional lender, provided that such lender
executes a nondisturbance agreement providing that if Contractor is not then in default under this
Agreement, this Agreement shall not terminate as a result of the foreclosure of such lien, or
effect and its possession be undisturbed except in accordance with the provisions of this Agreement.
22. ASSIGNMENT.
Contractor acknowledges that City has entered into this Agreement based upon the unique
qualifications of Contractor. Accordingly, Contractor shall not assign this Agreement, sublet the
Concession Building, enter into franchise, license or concession agreements with respect thereto or
Moreover, Contractor shall not permit a
Change of Control of Contractor without the prior
that anyone other than Staci McGrew and Donald Delahoyde acquire 10% or more of the stock of the
Contractor or anyone other than Staci McGrew and Donald Delahoyde acquire a controlling interest in
the Contractor by any means.
interest this Agreement, and may sell all or part of the Building. In the event of any sale or exchange
of the Concession Stand by City and/or an assignment by City of this Agreement, City shall be and is
hereby entirely freed and relieved of all liability under any and all of its covenants and obligations
contained in or derived from this Agreement arising out of any act, occurrence or omission relating to
the Concession Building or to this Agreement occurring after the consummation of such sale or
tions
under this Agreement.
23. NOTICES.
Whenever notice, payment or other communication is required or permitted under this
Agreement, it shall be deemed to have been given when personally delivered or deposited in the United
24
States mail with proper first class postage affixed thereto and addressed as follows:
9
CONTRACTOR CITY
City of Ukiah
THE UKIAH BREWING COMPANY C/o City Manager
Taylor Pederson Ukiah Civic Center
102 S. State St. 300 Seminary Ave.
Ukiah, CA. 95482 Ukiah, CA. 95482
Either party may change the address to which notices must be sent by providing notice of that change as
provided in this paragraph.
24. WAIVER OF BREACH.
One or more waivers of a breach of any covenant, term or condition of this Agreement by
either party shall not be construed by the other party as a waiver of a subsequent breach of the same
covenant, term or condition. The consent or approval of either party to or of any act by the other party
of a nature requiring consent or approval shall not be deemed to waive or render unnecessary
consent to or approval of any subsequent similar act.
25. RELATIONSHIP OF PARTIES.
Nothing herein contained, either in the method of computing rent or otherwise, shall create
between the parties hereto, or be relied upon by others as creating, any relationship of partnership,
association, joint venture, employer/employee or otherwise. The sole relationship or the parties hereto
shall be that of an independent contractor.
26. LAWS OF CALIFORNIA.
The laws of the State of California shall govern the validity, performance and enforcement of
this Agreement. Should either party institute legal suit or action for enforcement of any obligation
contained herein, it is agreed that the venue of such suit or action shall be in Ukiah, Mendocino
County.
27. INTEGRATION OF REPRESENTATIVES.
It is understood that there are no oral agreements or representations between City and
Contractor which affect this agreement. This agreement supercedes and cancels any and all previous
agreements, negotiations, arrangements, advertisements, or representations and understandings
between the City and Contractor or displayed to Contractor by city with respect to the Concession
Building operation. There are no other representations or warranties between the parties.
28. TITLES.
The titles of Articles and sections herein are for convenience only and do not in any way
define, limit or construe the contents thereof.
25
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29. VOID PROVISIONS.
If any provision of this Agreement shall be determined to be void by any court of competent
jurisdiction, then such determination shall not affect any other provisions of this Agreement and all
such other provisions shall remain in full force and effect; and it is the intention of the parties hereto
that if any provision of this Agreement is capable of two constructions, only one of which would render
the provision valid, then the provision shall be the meaning which renders it valid.
30. FORCE MAJEURE.
Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God,
inability to obtain labor or other materials or reasonable substitutes therefore, governmental
restrictions, governmental regulations, governmental controls, enemy or hostile governmental action,
civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party
obligated to perform any term, covenant or condition of this Agreement, shall excuse the performance
by such party for a period equal to any such prevention, delay or stoppage except the obligations
imposed with regard to rental and other charges to be paid by Contractor pursuant to this Agreement.
31. TIME IS OF THE ESSENCE.
Time is of the essence in the performance of each provision of this Agreement.
32. COMPLIANCE WITH GOVERNMNET REGULATIONS.
Contractor shall promptly comply with all Fire Code, Building Code and State Fire Marshal
requirements and make necessary corrections in a timely manner. Contractor shall include Fire Safety
as part of the training program for new employees, especially managers. In addition, Contractor shall
promptly comply with all laws, ordinances, orders, and regulations promulgated by any governmental
agency and affecting the Concession Building and their cleanliness, safety, occupation and use.
Failure to comply which results in three or more citations for any one condition in any twelve-month
period from any governmental or regulatory agency or body will be deemed to be cause for
termination of this agreement without opportunity to cure such default. Contractor shall not perform
any acts or carry on any practices that may damage the facilities and improvements located upon the
Golf Course or Pro Shop or that may be a nuisance or menace to customers.
33. INSPECTIONS.
City or its duly authorized representatives, or agents and other persons for it, may enter upon
the Concession Building at any and all reasonable times during the term of this agreement for the
purpose of determining whether or not Contractor is complying with the terms and conditions hereof or
for any other purpose incidental to right of City
34. AUTHORITY.
Contractor shall have no authority to bind and shall not attempt to bind, City to any contracts
or other obligations of any nature.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above
written.
26
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City of Ukiah:
______________________________
Attest: City Manager
_________________________
City Clerk
Approved As To Form: Contractor:
By:___________________________
City Attorney
Its:__________________________
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CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
SPECIAL PROVISIONS
FOR
SLURRY SEAL OF LOCAL STREETS
SPECIFICATION NO. 19-10
CITY OF UKIAH
DEPARTMENT OF PUBLIC WORKS
300 Seminary Avenue
Ukiah, California 95482-5400
Bids Open:XXXX
2:00 p.m.
Office of City Clerk
8
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:
MAUREEN MULHEREN MAYOR
DOUGLAS CRANE VICE-MAYOR
JUAN OROZCO COUNCIL MEMBER
STEVE SCALMANINI COUNCIL MEMBER
JIM BROWN COUNCIL MEMBER
SAGE SANGIACOMO CITY MANAGER
TIM ERIKSEN - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER
MARY HORGER PROCUREMENT MANAGER
KRISTINE LAWLER CITY CLERK
R. ALLEN CARTER - CITY TREASURER
Approved by:
_______________________________
Tim Eriksen
Director of Public Works / City Engineer
9
SLURRY SEAL OF LOCAL STREETS Spec NO. 19-10
ii
CITY OF UKIAH
DEPARTMENT OF PUBLIC WORKS
JULY 2019
TABLE OF CONTENTS
PAGE
NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS .................................................................................................................... 1
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS ............................................ 4
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 ........................................................................ 6
2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT ................................................................................. 6
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 ................................................................................................................................... 7
4-01. Faithful Performance Bond
4-02. Material and Labor Bond
4-03. Defective Material and Workmanship Bond
4-04. Notification of Surety Companies
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ....................................................... 7
5-01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions
:
SLURRY SEAL OF LOCAL STREETS Spec NO. 19-10
iii
5-05. Acceptability of Insurers
5-06. Verification of Coverage
5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR....................................................... 9
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
6-24. Public Notification
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ...................................................................... 14
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 ............................................................ 16
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 ................................................................................................. 17
21
SLURRY SEAL OF LOCAL STREETS Spec NO. 19-10
iv
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
9-07. Unfavorable Weather and Other Conditions
9-08. Saturday, Sunday, Holiday and Night Work
9-09. Hours of Labor
SECTION 10. PAYMENT ........................................................................................................................... 18
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 ............................................................................................................. 22
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 ................................................................................................ 25
12-01. Arrangement of Technical Specifications
12-02. Arrangement of Plans
12-03. Business Licenses
12-04. Permits
12-05. Standard Specifications and Standard Plans
12-06. Temporary Facilities
12-07. Public Convenience and Safety
12-08. Maintaining Traffic
12-09. Traffic Control System for Street Closure
12-10. Stream Pollution
12-11. Warranties
12-12. Utilities
12-13. Dust Control
12-14. Noise Control
12-15. Watering
12-16. Preconstruction Conference
12-17. Progress Schedule
12-18. Safety Requirements
SECTION 13. CONSTRUCTION DETAILS ............................................................................................... 29
22
SLURRY SEAL OF LOCAL STREETS Spec NO. 19-10
v
13-01. Location and Scope of Work
13-02. Existing Highway Facilities
13-03. Preservation of Property
13-04. Watering
13-05. Utility Boxes
13-06. Slurry Seal
13-07. General Slurry Seal
13-08. Traffic Striping
13-09. Pavement Markings
13-10. Pavement Markers
13-11. Reflective Pavement Markers (Blue)
13-12. Non Reflective Pavement Markers (Yellow)
13-13. Reflective Pavement Markers (Yellow) Highland Ave
13-14. Reflective Pavement Markers (Yellow) - Airport
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ............................................................... 33
14-01. Provisions to be Excluded from General Conditions
SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................. 33
15-01. Provisions of General Conditions to be Amended
CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST .................................................................................................................... 34
PROPOSAL ........................................................................................................................................... 35
BIDDING SCHEDULE ................................................................................................................................. 36
FAIR EMPLOYMENT PRACTICES CERTIFICATION ............................................................................... 39
WORKER'S COMPENSATION CERTIFICATE .......................................................................................... 40
CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................. 41
LIST OF PROPOSED SUBCONTRACTORS ............................................................................................. 42
STATEMENT OF EXPERIENCE OF BIDDER ............................................................................................ 43
SIGNATURE OF BIDDER ........................................................................................................................... 44
BIDDER'S BOND ........................................................................................................................................ 45
NON-COLLUSION AFFIDAVIT ................................................................................................................... 46
AGREEMENT ........................................................................................................................................... 47
INDEMNIFICATION AGREEMENT ............................................................................................................ 51
EXAMPLE BOND FORMS .......................................................................................................................... 52
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND.......... 56
23
SLURRY SEAL OF LOCAL STREETS Spec NO. 19-10
vi
DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND .............................................. 57
INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:
24
SLURRY SEAL OF LOCAL STREETS Spec NO. 19-10
vii
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
NOTICE TO BIDDERS FOR SLURRY SEAL OF LOCAL STREETS SPECIFICATION NO. 19-10
NOTICE IS HEREBY GIVEN that sealed standard proposals for SLURRY SEAL OF LOCAL STREETS will be
received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00
p.m. on XXXX 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 SLURRY SEAL OF LOCAL STREETS are required
for the entire work described herein. No fax bids will be accepted.
ENGINEER'S ESTIMATE OF QUANTITIES
ITEM NO. DESCRIPTION QUANTITY UNIT
1 Traffic Control 1 LS
2 Slurry Seal 87,809 SY
3 Solid Yellow 4" Traffic Stripe 881 LF
4 Solid Double Yellow 4" Traffic Stripe 1,068 LF
5 Broken White 4" Traffic Stripe 98 LF
6 Broken Yellow 4" Traffic Stripe 3,813 LF
7 Bike Lane 4" White Traffic Stripe 3,869 LF
8 Bike Lane 6" White Traffic Stripe 3,752 LF
9 Solid White 8" Traffic Stripe 341 LF
10 Thermoplastic White Crosswalk 1,756 LF
11 Thermoplastic Yellow Crosswalk 522 LF
12 Thermoplastic Ladder Crosswalk 672 SF
13 Thermoplastic Stop Bar 238 LF
14 Thermoplastic Pavement Markings 1 LS
15 Pavement Markings 1 LS
16 Pavement Markings 1 LS
Plans and Special Provisions may be inspected and/or copies obtained for a non-refundable fee of $6.90.
www.cityofukiah.com/purchasing. Contact Mary Horger, Procurement Manager, City of Ukiah, 300 Seminary
Avenue, Ukiah, California 95482-5400. 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 at (707) 463-6233 or at fax phone (707) 313-3621.
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
25
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 project 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 the 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 (General Engineering) 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
PUBLISH TWO TIMES:
26
INSTRUCTIONS TO BIDDERS
SLURRY SEAL OF LOCAL STREETS 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 fifteen (15) calendar days. The Contractor will pay to the City the sum of five
hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed.
The staff shall notify a
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
27
SLURRY SEAL OF LOCAL STREETS 1 Spec NO. 19-10
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.
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 contractorrepresentation that its bid anticipates differing site
conditions and the additional time or cost that such conditions may necessitate.
The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and
quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special
Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal
shall be considered conclusive evidence that the bidder has made such examination and has accepted the
project workplace as a safe workplace to perform the work of the Contract.
Bidder Inquiries and Questions
Inquiries and questions must be submitted in writing via fax or email to the following designated contact person:
Mary Horger, 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.
28
SLURRY SEAL OF LOCAL STREETS 2 Spec NO. 19-10
Location of the Work
All of the work to be performed is within the City of Ukiah.
STREET NAME FROM TO
AREA 1: AIRPORT
AREA 2: AIRPORT
AREA 3: AIRPORT
AREA 4: ANTON STADIUM
BETTY STREET MCPEAK ST OAK PARK AVE
BUSH STREET S/SIDE LOW GAP ROAD N/SIDE GROVE AVE.
CHURCH STREET (EAST) E/SIDE STATE ST. W/SIDE MAIN ST.
CHURCH STREET (WEST) E/SIDE SCHOOL ST. W/SIDE STATE ST.
CHURCH STREET (WEST) E/SIDE DORA ST. E/SIDE SCHOOL ST.
CLEVELAND LANE 170 FT. E/MAIN ST. END
CLEVELAND LANE E/SIDE MAIN ST. 170 FT E/MAIN ST.
CYPRESS AVENUE E/SIDE BUSH ST. E/SIDE PINE ST.
DONNER COURT E/SIDE HOMEWOOD DR. END OF COURT
ELM COURT NW/SIDE ELM ST. END OF COURT
ELM STREET S/SIDE MAGNOLIA ST. N/SIDE LOW GAP RD
HENRY STREET E/SIDE OAK ST. W/SIDE STATE ST. MINUS SCHOOL
HIGHLAND AVENUE (SOUTH) HIGHLAND CT. S/SIDE CLAY ST.
HILLCREST AVENUE E/SIDE MENDOCINO DR. W/SIDE GARDENS AVE
N. HIGHLAND AVENUE S/SIDE PERKINS ST. N/SIDE CLAY ST.
NORTON STREET W/SIDE MASON ST. E/SIDE STATE ST.
OLGA COURT CLEVELAND LANE END OF COURT
PARK BLVD TODD RD. WALNUT AVE.
PARK WEST BLVD PARK BLVD END (GATE)
PERKINS STREET (WEST) E/SIDE DORA ST. W/SIDE SCHOOL ST.
RANEE LANE N/SIDE BEACON LANE DEAD END
SMITH STREET (WEST) E/SIDE SCHOOL ST. W/SIDE STATE ST.
SPRING STREET S/SIDE GROVE N/SIDE WALNUT
SPRING STREET N/SIDE W.PERKINS ST. N/SIDE WALNUT
STANDLEY STREET (WESTT E/SIDE N. PINE ST. W/SIDE STATE ST.
STEPHENSON STREET (EAST) E/SIDE STATE ST. W/SIDE MAIN ST.
W/SIDE DORA ST. MINUS
STEPHENSON STREET (WEST) E/SIDE SPRING ST.
HORTENSE
STEPHENSON STREET (WEST) E/SIDE DORA ST. W/SIDE OAK ST.
DOOLAN CREEK NEAR
WABASH AVENUE W/SIDE DORA
LAUREL
CHERRY STREET E/SIDE STATE ST. END
29
SLURRY SEAL OF LOCAL STREETS 3 Spec NO. 19-10
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.
2:
SLURRY SEAL OF LOCAL STREETS 4 Spec NO. 19-10
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 business or partnership, along with his or her signature or the signature of one or more partners must be
shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation
is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation.
Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders
are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures,
conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected.
1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders
for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized
representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the
right of a bidder to file a new bid.
1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the
notice to bidders. Bidders or their agents are invited to be present.
1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond
executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10
percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work.
1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public
works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5 \[with limited exceptions from this requirement for bid purposes only
under Labor Code section 1771.1(a)\]. No contractor or subcontractor may be awarded a contract for public work
on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site
notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions
Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract.
A statement setting forth this experience and business standing shall be submitted by each bidder on the form
provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory
evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities
and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the
manner agreed.
In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder
or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts
of like nature and magnitude or comparable difficulty at similar rates of progress.
1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or
association, under the same or different names, will not be considered. Reasonable grounds for believing that
any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which
he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the
participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be
rejected.
1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair
Practices Act (Public Contract Code Section 4100 and following) and shall set forth:
(a) The name and the location of the place of business of each subcontractor who will perform work or
labor, or render service to the prime contractor in or about the construction of the work, or to a
subcontractor licensed by the State of California who, under subcontract to the prime contractor,
31
SLURRY SEAL OF LOCAL STREETS 5 Spec NO. 19-10
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 Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions.
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.
32
SLURRY SEAL OF LOCAL STREETS 6 Spec NO. 19-10
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 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
33
SLURRY SEAL OF LOCAL STREETS 7 Spec NO. 19-10
(WITH CONSTRUCTION RISKS)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Contractor, his or her agents, representatives, employees or subcontractors.
5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
3. Worker's Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4.
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. compensation policy is to be endorsed with a waiver of subrogation. The insurance
company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers,
officials, employees and volunteers for losses paid under the terms of this policy which arises from the
work performed by the named insured for the City.
34
SLURRY SEAL OF LOCAL STREETS 8 Spec NO. 19-10
3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance
as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured
in any case where an agreement to indemnify the additional insured would be invalid under Subdivision
(b) of Section 2782 of Civil Code.
6. Course of Construction policies shall contain the following provisions:
a.) The City shall be named as loss payee.
b.) The insurer shall waive all rights of subrogation against the City.
5-05. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following:
A++ VII A- VIII
A+ VII B++ X
A VII B+ X
5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the
City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All
certificates and endorsements are to be received within 15 days from written notice of contract award, and the
work shall not commence until the certificates and endorsements have been approved by the City. The City
reserves the right to require complete certified copies of all required insurance policies, including endorsements
affecting the coverage required by these Special Provisions at any time.
5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject
to all of the requirements stated herein.
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR
6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the
vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or
other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these
places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof
upon the Contractor and the date of such service shall be the date of such delivery. The address named in the
proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein
contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter
or other article or communication to or upon the Contractor personally.
6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a
suitable office at the site of the work which shall be the headquarters of a representative authorized to receive
drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site
of work in his or her absence shall be deemed to have been given to the Contractor.
6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the
work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work,
he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall
receive and obey all instructions or orders given under this contract and who shall have full authority to execute
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SLURRY SEAL OF LOCAL STREETS 9 Spec NO. 19-10
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.
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
36
SLURRY SEAL OF LOCAL STREETS 10 Spec NO. 19-10
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.
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
-03 of these Special Provisions.
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SLURRY SEAL OF LOCAL STREETS 11 Spec NO. 19-10
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.
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.
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SLURRY SEAL OF LOCAL STREETS 12 Spec NO. 19-10
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.
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.
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SLURRY SEAL OF LOCAL STREETS 13 Spec NO. 19-10
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.
6-24. Public Notification. The contractor shall be responsible for all public notification regarding construction
work within the subject intersection, including detours, lane and street closures, hours of operations, and
notification of affected commercial businesses within 1000 feet of the construction. For any business impacted
by construction, the contractor shall provide adequate sized on-site signage indicating that businesses are
open during construction for pedestrian traffic. The contractor shall prepare public noticing via the newspaper,
radio announcements, notification of the emergency vehicle agencies, public transit, school buses, County of
Mendocino offices, the high school, junior high school, elementary schools effected by potential detours and
street closures, with recommended alternate routes of travel. Through street access from will be restricted to
businesses and residents only during construction days. All proposed detours, closures and traffic control
methods shall be submitted to the Engineer for approval prior to noticing the public. All public
noticing shall be performed a minimum of one week prior to instituting traffic control, and lane or street
closures.
The tentative construction schedule shall be included in the public noticing, and the use of temporary traffic
signalization of the intersection shall be noted All road closures, detour routes, and traffic control
including temporary lane closure plans shall be submitted by the Contractor to the City Engineer for approval
prior to public noticing and use.
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
3:
SLURRY SEAL OF LOCAL STREETS 14 Spec NO. 19-10
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 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
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SLURRY SEAL OF LOCAL STREETS 15 Spec NO. 19-10
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 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.
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SLURRY SEAL OF LOCAL STREETS 16 Spec NO. 19-10
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.
SECTION 9. PROSECUTION OF WORK
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SLURRY SEAL OF LOCAL STREETS 17 Spec NO. 19-10
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.
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
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SLURRY SEAL OF LOCAL STREETS 18 Spec NO. 19-10
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.
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SLURRY SEAL OF LOCAL STREETS 19 Spec NO. 19-10
Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or
more of the following types:
(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and
credit of the United States are pledged for the payment of principal and interest.
(b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a
federal agency of the United States.
(c) Bonds of the State of California, or those for which the faith and credit of the State of California are
pledged for the payment of principal and interest.
(d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan
water district, California water district, California water storage district, irrigation district in the State of
California, municipal utility district, or school district of the State of California, which are rated by Moody's
or Standard and Poor as A or better.
(e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other
obligations issued by federal land banks or federal intermediate credit banks established under the
Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central
Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as
amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal
Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National
Mortgage Association established under the National Housing Act as amended and bonds of any
Federal Home Loan Mortgage Corporation.
(f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates
such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating
within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000);
and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible
commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the
outstanding paper of an issuing corporation.
(g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers
acceptances, which are eligible for purchase by the Federal Reserve System.
(h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan
association.
(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
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SLURRY SEAL OF LOCAL STREETS 20 Spec NO. 19-10
or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the
contract.
The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the
sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance
of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary
upon request by City or the escrow agent.
3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure
performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and
executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify,
among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or
withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of
moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default
by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no
obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities
to cash and to gain immediate possession of the cash.
10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the
whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the
completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the
actual completion of the work in accordance with the terms of the contract and shall thereupon recommend
acceptance by the City Council.
10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of
the work done under this contract, make a final estimate of the amount of work done thereunder and the value
thereof.
Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid
to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting
therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe.
In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion
with the County Recorder.
10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of
the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a
claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6
percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in
the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month
in which the work was performed to the date of payment of the estimate; and in the case of the final estimate,
from the forty-fifth day after acceptance to the date of payment of the final estimate.
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
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SLURRY SEAL OF LOCAL STREETS 21 Spec NO. 19-10
complete statement of materials and labor used and expenses incurred on account of extra work performed,
showing allocation of all materials, labor and expenses.
All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing
the work on account of which claim is made. Unless such notification is made in writing within the time specified
and unless complete statements of materials used and expenses incurred on account of such extra work are
furnished as above required, the Contractor shall not be entitled to payment on account of extra work and
Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra
work.
When changes decrease the amount of work to be done, they shall not constitute a claim for damages on
account of anticipated profits on the work that may be omitted.
10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications
in the work under this contract change the amount of work to be done or the amount of compensation due the
Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable
quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the
City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an
agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions
of Section 4-1.03 D,"Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications.
This method of determining the price of work shall not apply to the performance of any work which is required
or reasonably implied to be performed or furnished under this contract.
10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is
not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to
extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to
the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering,
inspection, superintendence and other overhead expenses which are directly chargeable to the contract and
which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be
included in such charges.
10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence
and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage,
other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be
impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that
the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar
day's delay beyond the time prescribed.
SECTION 11. MISCELLANEOUS
11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall
be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an
officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage
prepaid, 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.
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SLURRY SEAL OF LOCAL STREETS 22 Spec NO. 19-10
a. For purposes of this section "Claim" means a separate demand by the Contractor sent by registered mail or
certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay
assessed by the City under this contract.
(B) Payment by the City of money or damages arising from work done by, or on behalf of, the Contractor
pursuant to this contract and payment for which is not otherwise expressly provided or to which the Contractor
is not otherwise entitled.
(C) Payment of an amount that is disputed by the City.
b.
(1)
(A) Upon receipt of a claim pursuant to this section, the City shall conduct a reasonable review
of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement
identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public
entity and the contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The Contractor shall furnish reasonable documentation to support the claim.
(C) If the City needs approval from its governing body to provide the Contractor a written
statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does
not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent
by registered mail or certified mail, return receipt requested, the City shall have up to three days following the
next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide
the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within
60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph (3)
shall apply.
(2)
(A) If the Contractor disputes the City's written response, or if the City fails to respond to a claim
issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal
conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent
by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer
conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the
claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement
identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due
on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues
its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be
submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The
City and 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
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SLURRY SEAL OF LOCAL STREETS 23 Spec NO. 19-10
parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall
conform to the timeframes in this section.
(D) Unless otherwise agreed to in writing by the City and the Contractor, the mediation
conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section
20104.4 to mediate after litigation has been commenced.
(3) Failure by the City to respond to a claim from the Contractor within the time periods described in
this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed
rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim,
or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with
regard to the merits of the claim or the responsibility or qualifications of the Contractor.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per
annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public
entity because privity of contract does not exist, the Contractor may present to the public entity a claim on behalf
of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own
behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was
performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor
requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the
claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as
to whether the Contractor presented the claim to the public entity and, if the original contractor did not present
the claim, provide the subcontractor with a statement of the reasons for not having done so.
c. A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that
(1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly
to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe
reasonable change order, claim, and dispute resolution procedures and requirements in addition to the
provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the
timeframes and procedures set forth in this section.
11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to
the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way
to the work shall be brought in Mendocino County and that venue will lie in Mendocino County.
Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to
the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall
govern any such litigation.
The duties and obligations imposed by these General Conditions and the rights and remedies available
hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations
imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in
addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or
all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by
other provisions of the contract documents and the provisions of this paragraph shall be as effective as if
repeated specifically in the contract documents in connection with each particular duty, obligation, right and
remedy to which they apply. All warranties and guaranties made in the contract document shall survive final
payment and termination or completion 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.
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SLURRY SEAL OF LOCAL STREETS 24 Spec NO. 19-10
TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. 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
12-02. Arrangement of Plans. The Plans consist of four (4) sheets numbered 1 through 4 and they are hereby
made a part of the Contract Documents.
12-03. 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.
12-04. Permits. The Contractor shall obtain and pay for all permits required to complete this work except the
required encroachment permit. The Contractor shall obtain an encroachment permit from the Public Works
Department at no cost prior to the start of the Work. The encroachment permit will not be issued until the Contract
Agreement and bonds have been executed, submitted, and accepted by the City and all insurance
endorsements have been submitte
12-05. 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 Technical
Specifications, and are hereinafter referred to as "Standard Specifications" and "Standard Plans."
Whenever the following terms are used in the Standard Specifications and the Standard Plans, they shall be
understood to mean and refer to the following:
Department or Department of Transportation - The City Council.
Director of Public Works - The City of Ukiah Director of Public Works/City Engineer.
Engineer - The Engineer, designated by the Director of Public Works, acting either directly or through properly
authorized agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the
contract.
State - The City of Ukiah
Other terms appearing in the California Standard Specifications and the California Standard Plans shall have
the intent and meaning specified in Section I, Definition of Terms of the California Standard Specifications.
In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is
as follows:
1. City Special Provisions (Technical Specifications)
2. City Project Plans
3. City Standard Plans and Details
4. California Standard Plans
5. California Standard Specifications
12-06. Temporary Facilities. All temporary facilities are the responsibility of the Contractor and the removal
of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all
damages to existing facil
facilities.
12-07. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least
possible obstruction and inconvenience to public traffic. The Contractor shall, at 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 through the work.
The Contractor shall post notice(s) at the job sites a minimum of 72 hours in advance of working at the site,
indicating the date and times that street parking will be prohibited. This notice shall be placed in obvious
locations and be spaced no further than 250 feet apart along the length of the project site and on each side of
the affected street. The Contractor shall also provide and place door hangers at all houses adjacent to working
51
SLURRY SEAL OF LOCAL STREETS 25 Spec NO. 19-10
area. The door hanger notification shall be in writing and it shall be submitted to the Engineer for approval a
minimum of 5 working days prior to the proposed public notifiConvenience and
shall be considered as included in the various items of work and no additional compensation will be
made.
12-08. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public
Safety," 7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications.
Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to
pass through the work with as little inconvenience and delay as possible.
Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various
items of work and no additional compensation will be made.
Street ntrol
When leaving a work area and entering a roadway carry
empty or loaded, shall in all cases yield to public traffic.
The full width of the traveled way shall be opened for use by public traffic on Saturdays, Sundays, and designated
City holidays, after 3:00 p.m. Fridays and the day preceding designated City holidays, and when construction
operations are not actively in progress.
st
Designated City holidays are: January 1, the third Monday in January, the third Monday in February, the last
th
Monday in May, July 4, the first Monday in September, the second Monday in October, the second Monday in
thth
November, Thanksgiving Day, the day following Thanksgiving Day, December 24, December 25, December
thst
30, December 31. When a designated City holiday falls on a Sunday, the following Monday shall be a
designated City holiday. When a designated City holiday falls on a Saturday, the preceding Friday shall be a
designated City holiday.
Minor deviations from the requirements of this section concerning hours of work which do not significantly
change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the
Engineer public traffic will be better served and the work expedited. Such deviations shall not be adopted until
the Engineer has indicated his written approval. All other modifications will be made by contract change order.
The fences, temporary railing (Type K), barricades, lights, signs, and other devices furnished and installed by
the Contractor, at his expense, to conform to the provisions in said Section 7-1.09, and in addition to any
construction area traffic control devices for which payment is provided for elsewhere in the specifications.
Payment.
sum payment for Traffic Control System and no additional compensation will be made.
12-09. Traffic Control System for Street Closure. A traffic control system shall consist of closing streets in
accordance with the Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones, the
e Special Provisions.
The provisions in this section will not relieve the Contractor of their responsibilities that may be necessary to
comply with the provisions in Section 12-
The base material of construction area signs may be plywood in City Right-of-Way, but shall not be plywood in
the State Right-of Way.
The contractor shall develop and submit to the Engineer for approval a Traffic Control Plan a minimum of one
week before beginning construction. The Traffic Control Plan shall show the planned method of traffic control
during construction.
The following information shall be included in the Traffic Control Plan:
Sequencing of construction
Street layout, with street names and direction of flow
Location and types of construction area signs (including pedestrian notification)
Locations of barriers or other traffic control devices
Location of flaggers
A contingency plan for how to handle emergency vehicles
52
SLURRY SEAL OF LOCAL STREETS 26 Spec NO. 19-10
The Contractor shall not begin construction at the site until the Traffic Control Plan is reviewed and approved by
Control Plan has been reviewed and approved by the Engineer.
If any component in the traffic control system is damaged, displaced, or ceases to operate or function as
specified, from any cause, during the progress of the work, the Contractor shall immediately repair said
component to its original condition or replace said component and shall restore the component to its original
location.
When street closures are made for work periods only, at the end of each work period, all components of the
traffic control system shall be removed from the traveled way and shoulder. If the contractor so elects, said
components may be stored at select central locations, approved by the Engineer, within the limits of the street
right-of-way.
Payment. The contract lump sum price paid for traffic control shall include full compensation for furnishing a
Traffic Control Plan, furnishing all labor, materials (including signs), tools, equipment, and incidentals and for
doing all the work involved in placing, removing, storing, maintaining and moving to new locations, replacing,
and disposing of the components of the traffic control system as shown on the plans, as specified in the Standard
Specifications and these Special Provisions, and as directed by the Engineer.
12-10. Stream Pollution. The Contractor shall exercise precaution to limit the muddying or silting of live
streams and drainage channels to the maximum extent practicable, 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.
-
submittal to the Engineer for approval a written program for the control of pollution to adjacent drainage courses
during the construction of the project. Said written program shall include the erosion control provisions required
.
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. The Contractor shall
replace promptly and at his own expense any materials and/or workmanship that are faulty or defective during
this warranty period.
12-12. Utilities. The owner will not arrange water, sewer or electrical services for construction. It is the
Contractor's sole responsibility to arrange such services as necessary with the applicable utility provider(s).
12-13. Dust Control. Dust control shall conform to the provisions of Section 10 of the Standard Specifications.
Full compensation for dust control shall be considered as included in the prices paid for the various contract
items and no additional compensation will be made therefore. This includes the application of water for the
purpose of controlling dust caused by public traffic within the project area. The Contractor may at his option use
except that the full compensation for applying dust palliative shall be considered as included in the prices paid
for the various contract items of work and no additional compensation will be made therefore.
All active construction areas shall be watered at least twice daily and more often during hot or windy periods.
The active areas adjacent to the apartment complexes shall be kept damp at all times. Hauling trucks shall be
covered or at least a two-foot freeboard shall be maintained.
Unpaved access roads, parking areas for construction equipment and construction employee vehicles, staging
areas, and storage areas shall be paved or shall receive the application of either water twice daily or non-toxic
soil stabilizers. All paved access roads, parking areas, staging areas, storage areas, and public roads impacted
by the work of the project shall be swept daily with street sweepers equipped with water spray to remove soil
materials that have been deposited on these surfaces by reason of the work.
53
SLURRY SEAL OF LOCAL STREETS 27 Spec NO. 19-10
The Contractor shall enclose, cover, or water twice daily or apply non-toxic soil stabilizers or install erosion
control blankets to or on exposed stockpiles, embankment slopes, and cut slopes. Traffic speeds on unpaved
surfaces shall be limited to a maximum speed of 15 mph
12-14. Noise Control
Requirements", of the Standard Specifications and Section 9.08, Saturday, Sunday, Holiday, and Night Work,
of these General Conditions concerning the control of noise emissions and authorized work hours and days.
applicable laws or regulations and in no event shall exceed 86 dB at a distance of 50 feet from the noise source.
The City shall provide a Noise Disturbance Coordinator who shall be responsible for acting on any local
complaints concerning the construction noise being generated by reason of the work of the project. The
Contractor shall conspicuously post a telephone number for the Noise Disturbance Coordinator at the
construction site and he shall include it in the construction schedule notice to be provided to the residents. The
Noise Disturbance Coordinator shall investigate the noise complaint allegations and shall require the Contractor
to implement reasonable measures to mitigate the noise level in accordance with the requirements of these
General Conditions and of the Standard Specifications.
The Contractor shall locate all stationary noise generating construction equipment such as air compressors and
generators as far as practical from the nearby residences and other noise sensitive land uses. The noise source
shall be acoustically shielded when practical. The Contractor shall prohibit unnecessary idling of internal
combustion engines.
12-15. Watering. The application of water and the developing of a water supply shall be performed in
fications except as modified by
these Special Provisions. Full compensation for applying water where called for or as directed by the Engineer
and for developing the water supply shall be considered as included in the prices paid for the various contract
items and no additional compensation will be made therefore. The Contractor is advised that water may be
Works Department and
upon the payment of a meter deposit. Permit application and inquiry as to the water usage fees are to be made
at the City of Ukiah, 300 Seminary Avenue, phone (707) 463-6228.
12-16. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed
to commence. This meeting will cover inspection, work schedule, 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.
12-17. Progress Schedule. Progress schedules will be required for this contract and shall conform to the
provisions in Section 8-1.04, "Progress Schedule," of the Standard Specifications.
12-18. 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.
54
SLURRY SEAL OF LOCAL STREETS 28 Spec NO. 19-10
SECTION 13 - CONSTRUCTION DETAILS
13-01. Location and Scope of Work.
The work involves applying slurry seal over existing asphalt concrete pavement:
STREET NAME FROM TO
AREA 1: AIRPORT
AREA 2: AIRPORT
AREA 3: AIRPORT
AREA 4: ANTON STADIUM
BETTY STREET MCPEAK ST OAK PARK AVE
BUSH STREET S/SIDE LOW GAP ROAD N/SIDE GROVE AVE.
CHURCH STREET (EAST) E/SIDE STATE ST. W/SIDE MAIN ST.
CHURCH STREET (WEST) E/SIDE SCHOOL ST. W/SIDE STATE ST.
CHURCH STREET (WEST) E/SIDE DORA ST. E/SIDE SCHOOL ST.
CLEVELAND LANE 170 FT. E/MAIN ST. END
CLEVELAND LANE E/SIDE MAIN ST. 170 FT E/MAIN ST.
CYPRESS AVENUE E/SIDE BUSH ST. E/SIDE PINE ST.
DONNER COURT E/SIDE HOMEWOOD DR. END OF COURT
ELM COURT NW/SIDE ELM ST. END OF COURT
ELM STREET S/SIDE MAGNOLIA ST. N/SIDE LOW GAP RD
HENRY STREET E/SIDE OAK ST. W/SIDE STATE ST. MINUS SCHOOL
HIGHLAND AVENUE (SOUTH) HIGHLAND CT. S/SIDE CLAY ST.
HILLCREST AVENUE E/SIDE MENDOCINO DR. W/SIDE GARDENS AVE
N. HIGHLAND AVENUE S/SIDE PERKINS ST. N/SIDE CLAY ST.
NORTON STREET W/SIDE MASON ST. E/SIDE STATE ST.
OLGA COURT CLEVELAND LANE END OF COURT
PARK BLVD TODD RD. WALNUT AVE.
PARK WEST BLVD PARK BLVD END (GATE)
PERKINS STREET (WEST) E/SIDE DORA ST. W/SIDE SCHOOL ST.
RANEE LANE N/SIDE BEACON LANE DEAD END
SMITH STREET (WEST) E/SIDE SCHOOL ST. W/SIDE STATE ST.
SPRING STREET S/SIDE GROVE N/SIDE WALNUT
SPRING STREET N/SIDE W.PERKINS ST. N/SIDE WALNUT
STANDLEY STREET (WESTT E/SIDE N. PINE ST. W/SIDE STATE ST.
STEPHENSON STREET (EAST) E/SIDE STATE ST. W/SIDE MAIN ST.
W/SIDE DORA ST. MINUS
STEPHENSON STREET (WEST) E/SIDE SPRING ST.
HORTENSE
STEPHENSON STREET (WEST) E/SIDE DORA ST. W/SIDE OAK ST.
DOOLAN CREEK NEAR
WABASH AVENUE W/SIDE DORA
LAUREL
CHERRY STREET E/SIDE STATE ST. END
55
SLURRY SEAL OF LOCAL STREETS 29 Spec NO. 19-10
The Contractor should familiarize himself with the local conditions of the project site. Failure to do so will in no
way relieve him of the responsibility for performing any of the work or operations required as a part of this
contract. Further information regarding the work or these specifications can be obtained from Mary Horger at
(707) 463-6233.
13-02. Existing Highway Facilities. The work performed in connection with various existing highway facilities
shall conform to the provisions in Section 15 of the Standard Specifications and these Special Provisions.
All existing highway facilities to be removed shall be disposed of at locations outside the highway right-of-way.
Such disposal shall conform to the provisions in Section 7-
Right-of-
Payment. Full compensation for complying with this section of the Special Provisions shall be
considered as included in the prices paid for the various contract items of work, and no additional
compensation will be allowed therefore.
13-03. Preservation of Property. The contractor shall conform to the provisions of Section 7-1.11,
Contractor for protecting, removing, modifying, relocating and restoring existing improvements shall be
considered as included in the contract prices paid for the various items of work and no additional allowances will
be made therefore.
Payment. Full compensation for complying with this section of the Special Provisions shall be
considered as included in the prices paid for the various contract items of work, and no additional
compensation will be allowed therefore.
13-04. Watering. Developing water supply and applying shall conform to the provisions in Section 17 of the
Standard Specifications and these Special Provisions. Water shall not be obtained from any of the nearby
property owners without their written permission.
Payment. Full compensation for developing and applying water conforming to the above requirements
shall be considered as included in the prices paid for the various contract items of work requiring water,
and no additional compensation will be allowed therefore.
13-05. Utility Boxes. Utility Boxes which include but are not limited to manholes, valve boxes, sewer cleanouts
and street monument boxes are listed on the Plans for information purposes only. Contractor shall take special
care when working around existing utility boxes. Utility boxes shall be protected in accordance with section 37-
3.03A of the California Standard Specifications.
Payment. Full compensation for complying with this section of the Special Provisions shall be
considered included in the prices paid for the various contract items of work, and no additional compensation
will be allowed therefore.
13-06 Slurry Seal. The slurry seal on streets and facilities, shall be furnished and applied in accordance with
the provisions for description, materials, proportioning, mixing, spreading equipment and placing of slurry seal,
Section 37-3 of the California Standard Specifications and these Specifications.
(A) Aggregate. Aggregate for Slurry Seal shall conform to the percentage composition by dry weight
of the aggregate to the following graduation:
(B)
GRADATION
SIEVE SIZE PERCENTAGE PASSING
100
No. 4 94 100
No. 8 65 90
No. 16 40 70
No. 30 25 50
No. 200 5 15
56
SLURRY SEAL OF LOCAL STREETS 30 Spec NO. 19-10
The aggregate shall also conform to the following quality requirements:
TEST CALIFORNIA TEST REQUIREMENTS
Sand Equivalent 217 55 Minimum
Durability Index 229 55 Minimum
(C) Asphaltic Emulsion. Asphaltic emulsion shall be a quick setting type Grade QS1h anionic or
Grade CQS1h cationic as specified in the standard specifications.
(D) Water. Water shall be such quality that the asphalt will not separate from the emulsion before the
slurry seal is in place in the work.
(E) Proportioning. Asphaltic emulsion shall be added at a rate of 17 percent by weight of the dry
aggregate.
If necessary for workability, a retarding agent, that will not adversely affect the seal, may be used.
Water and retarder if used, shall be the minimum amount necessary to ensure proper workability but shall
not exceed 20 percent, by volume, of asphalt emulsion used or adding 3 percent, by volume, to the
aggregate / asphalt emulsion mixture, and
(a) Will permit uncontrolled traffic on the slurry seal no more than 3 hours after placement without
the occurrence of bleeding, raveling, separation or other distress; and
(b) Will prevent development of bleeding, raveling, separation or other distress within 7 days after
placing the slurry seal. Unless otherwise specified in the special provisions or by the
Engineer, slurry seal shall be spread at a rate of 12 pounds of dry aggregate per square yard.
The spread rate may not vary more than 10 percent above or below the determined rate.
(F) Measurement. Slurry seal will be measured by the square yard. The quantity of slurry seal to be
paid will be based on a spread rate for weight of the dry aggregate of 12 pounds per square yard
and the asphalt emulsion added at 17 percent of the dry aggregate spread rate.
(G) Payment. The contract price paid per square yard for Slurry Seal shall include full compensation
for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work
involved in constructing the slurry seal, complete in place, including cleaning the surface, mixing
water with asphaltic emulsion for coating pavement, and protecting the seal until it has set, all as
shown on the plans, and as specified in these specifications and the special provisions, and as
directed by the Engineer.
13-07. General - Slurry Seal. The Slurry Seal to be constructed under this contract shall be placed over a
subgrade consisting of an existing asphalt concrete pavement, as herein required.
City of Ukiah forces will perform all necessary street sweeping of the surface upon which the slurry seal is to
be applied.
The Contractor shall furnish a project schedule to the Engineer, prior to the start of any work and start work as
scheduled upon approval of the Engineer.
The Contractor shall attend a pre-construction conference as scheduled by the City representatives.
13-08. Traffic Striping. This work shall consist of applying painted and thermoplastic traffic stripes (traffic lines)
and pavement markings at the locations and in conformance with the details shown on the plans or designated
by the Engineer, and as specified in these specifications and the special provisions.
The kind of material, paint or thermoplastic, to be applied will be designated in the contract item, specified in the
special provisions, or shown on the plans.
For the purposes of this Section, traffic stripes (traffic lines) are defined as longitudinal centerlines and lane lines
which separate traffic lanes in the same or opposing direction of travel, and longitudinal edge lines which mark
the edge of the traveled way or the edge of the lanes at gore areas separating traffic at exit and entrance ramps.
Pavement markings are defined as transverse markings which include, but are not limited to, word and symbol
markings, limit lines (stop lines), crosswalk lines, shoulder markings, parking stall markings and railroad grade
crossing markings.
57
SLURRY SEAL OF LOCAL STREETS 31 Spec NO. 19-10
Control of Alignment and Layout. All work necessary to establish satisfactory alignment for stripes and all
layout work required for pavement markings shall be performed by the Contractor with any device or method
that will not damage the pavement nor conflict with other traffic control devices.
Tolerances and Appearance. Traffic stripes and pavement markings shall conform to the dimensions and
details shown on the plans.
Completed traffic stripes shall have clean and well-defined edges without running or deformation, shall be
uniform, shall be straight on tangent alignment and shall be on a true arc on curved alignment. The widths of
completed traffic stripes shall not deviate more than 1/4 inch on tangent nor more than 1/2 inch on curves from
the widths shown on the plans. Broken traffic stripes shall also conform to the following requirements:
A. The lengths of the gaps and individual stripes that form broken traffic stripes shall not deviate more
than 2 inches from the lengths shown on the plans.
B. The lengths of the gaps and individual stripes shall be of such uniformity throughout the entire length
of each broken traffic stripe that a normal striping machine will be able to repeat the pattern and
superimpose additional stripes upon the traffic stripe being applied.
The completed pavement markings shall have clean and well-defined edges without running or deformation and
shall conform to the dimensions shown on the plans, except that minor variations may be accepted by the
Engineer.
Drips, overspray, improper markings and paint and thermoplastic material tracked by traffic shall be immediately
removed from the pavement surface by methods approved by the Engineer. All this removal work shall be at the
Contractor's expense.
Protection from Damage. The Contractor shall take special care to protect existing reflective pavement
markers and shall, at the Contractor's expense, replace all coated markers.
Newly placed traffic stripes and pavement markings shall be protected from damage by public traffic or other
causes until the paint is thoroughly dry or the thermoplastic material has sufficiently hardened.
Thermoplastic Pavement Markings. This work shall consist of furnishing and applying thermoplastic
pavement markings, including glass beads in accordance with Section 84-
Measurement. Thermoplastic pavement markings are a lump sum item.
Payment. The lump sum contract price paid for thermoplastic traffic markings of the widths and patterns
designated in the project plans and as specified herein, shall include full compensation for furnishing all
labor, materials, tools, equipment, and incidentals, and for doing all the work involved in removing
existing thermoplastic traffic markings, applying thermoplastic traffic markings, complete in place,
including establishing alignment for markings, as shown on the plans, as specified in these specifications
and the Special Provisions, and as directed by the Engineer.
13-09. Pavement Markings. Pavement markings which include crosswalks, parking stalls, ADA markings,
STOP bars, and markings shall be painted and shall have glass beads applied as per the plans in
provided herein, the Standard Plans, and these Special Provisions. Contractor shall reference all existing
pavement markings prior to any slurry seal taking place on those streets that have pavement markings.
All pavement crosswalks and markings shall be applied in thermoplastic unless otherwise noted.
Measurement. Painting pavement markings are a lump sum item.
Payment. The lump sum contract price paid for painted traffic markings of the widths and patterns
58
SLURRY SEAL OF LOCAL STREETS 32 Spec NO. 19-10
designated in the project plans and as specified herein for painted pavement markings, shall include
full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all
the work involved in painting pavement markings(regardless of the number, widths and patterns of
individual markings involved at each location) including removal of existing painted traffic markings,
establishing alignment for markings, complete in place, as shown on the plans, as specified in these
specifications and the Special Provisions, and as directed by the Engineer.
13-10. Pavement Markers. All pavement markers are reflective pavement markers shall be installed as
described in the following respective sections.
Measurement. Placing reflective and non-reflective pavement markers are a lump sum item.
Payment. The lump sum contract price paid per reflective and non-reflective pavement markers shall
include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for
doing all the work involved in placing pavement markers.
13-11. Reflective Pavement Markers (Blue). Blue raised reflective pavement markers shall be placed on
streets to mark fire hydrants. Blue reflective pavement markers shall be placed 6 inches from the centerline
stripe, or approximate center of the pavement where there is no centerline stripe, on the side nearest the fire
hydrant. All pavement makers shall conform to the provisions in Section 85 of the California Standard
Specifications. Pavement Adhesive used to install pavement markers shall conform to the requirements of
Section 85 of the California Standard Specifications
13-12. Non Reflective Pavement Markers (Yellow). Pavement markers for the Highland Ave center line
shall be Type AY, yellow non-reflective. All pavement makers shall conform to the provisions in Section 81-
3.02B (1) of the California Standard Specifications. Pavement Adhesive used to install pavement markers shall
conform to the requirements of Section 85 of the California Standard Specifications.
13-13. Reflective Pavement Markers (Yellow) Highland Ave. Pavement markers for the Highland Ave
center line shall be Type D, two-way yellow reflective installed in accordance with Detail 23 of the California
Standard Plans. All pavement makers shall conform to the provisions in Section 85 of the California Standard
Specifications. Pavement Adhesive used to install pavement markers shall conform to the requirements of
Section 85 of the California Standard Specifications.
13-14. Reflective Pavement Markers (Yellow) Airport. Pavement markers for Area 3: Airport shall be
Type D, two-way yellow reflective installed around the perimeter of Area 3 Airport at approximate spacing of
19 feet on center. All pavement makers shall conform to the provisions in Section 85 of the California
Standard Specifications. Pavement Adhesive used to install pavement markers shall conform to the
requirements of Section 85 of the California Standard Specifications.
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.
59
SLURRY SEAL OF LOCAL STREETS 33 Spec NO. 19-10
The following designated sections of the Special Provisions0+are hereby amended to read as follows:
No amendments.
5:
SLURRY SEAL OF LOCAL STREETS 34 Spec NO. 19-10
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 35)
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 37)
Filled out completely per instruction
o (Page 38)
Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page 39)
Filled out completely per instruction
o List of Proposed Subcontractors (Page 40)
Filled out completely per instruction
o Statement of Experience (Page 41)
o Signature of Bidder (Page 42)
Filled out completely per instruction
Authorized signature provided
o (Page 43)
Filled out completely per instruction
o Non-Collusion Affidavit (Page 44)
Filled out completely per instruction
Notarized
o Addenda Issued
Signed and Returned
61
SLURRY SEAL OF LOCAL STREETS 35 Spec NO. 19-10
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
SLURRY SEAL OF LOCAL STREETS
Specification No.19-10
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 sum
62
SLURRY SEAL OF LOCAL STREETS 36 Spec NO. 19-10
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
1. As to lu;
2.
quantity for the item and the price thus obtained shall be the unit price.
The Total Base Bid shall be the sum of the items in the
of the items in the items
shall prevail. The bid comparison will be based on the sum of the items in the column for each bidder.
The Unit prices for the various Construction Items below include all costs associated with the General
Conditions, Special Provisions, Requirements of the Construction Contract, and represent the total, complete,
in-place cost for each specific Construction Item in accordance with the Construction Documents, including all
elements, work components, accessories, and connections, shown in applicable details or required to yield a
complete, sound and functional component or system appropriate for its intended function, whether or not such
is specifically described or listed in any description of measurement or payment. The total amount of the
Construction items below shall represent the total and complete cost of the fully functional Project. All work not
specifically listed below be required to complete the work of the various construction items and the cost of such
shall be considered as included throughout the various unit prices indicated.
Lowest bid will be based on the lowest Base Bid.
NAME OF BIDDER:
SPEC #: 19-10
PROJECT NAME: SLURRY SEAL OF LOCAL STREETS
ITEM
DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE
NO.
1 Traffic Control 1 LS
$____________ $_________________________
2 Slurry Seal 87,809 SY
$____________ $_________________________
Solid Yellow 4" Traffic
3 881 LF
$____________ $_________________________
Stripe
Solid Double Yellow 4"
4 1,068 LF
$____________ $_________________________
Traffic Stripe
Broken White 4"
5 98 LF
$____________ $_________________________
Traffic Stripe
Broken Yellow 4"
6 3,813 LF
$____________ $_________________________
Traffic Stripe
Bike Lane 4" White
7 3,869 LF
$____________ $_________________________
Traffic Stripe
Bike Lane 6" White
8 3,752 LF
$____________ $_________________________
Traffic Stripe
Solid White 8" Traffic
9 341 LF
$____________ $_________________________
Stripe
Thermoplastic White
10 1,756 LF
$____________ $_________________________
Crosswalk
63
SLURRY SEAL OF LOCAL STREETS 37 Spec NO. 19-10
Thermoplastic Yellow
11 522 LF
$____________ $_________________________
Crosswalk
Thermoplastic Ladder
12 672 SF
$____________ $_________________________
Crosswalk
Thermoplastic Stop
13 238 LF
$____________ $_________________________
Bar
Thermoplastic
14 1 LS
$____________ $_________________________
Pavement Markings
15 Pavement Markings 1 LS
$____________ $_________________________
16 Pavement Markers 1 LS
$____________ $_________________________
We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to
determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which
it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be
accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within
fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned
shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that,
therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the
amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal
guaranty accompanying this proposal shall be returned to the undersigned.
Witness our hands this day of ___________________, 20____.
Licensed in accordance with an act providing for the registration of California Contractors License No.
___________, expiration date _____________.
THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER
PENALTY OF PERJURY.
Department of Industrial Relations Public Works Contractor Registration Number: _____________________
Signature of bidder or bidders, with business name, address, phone number and fax number:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and
addresses of the President, Secretary, Treasurer.
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
64
SLURRY SEAL OF LOCAL STREETS 38 Spec NO. 19-10
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.
SLURRY SEAL OF LOCAL STREETS
________________________________________________________________
(Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)
65
SLURRY SEAL OF LOCAL STREETS 39 Spec NO. 19-10
WORKER'S COMPENSATION CERTIFICATE
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that
code and I will comply with such provisions before commencing the performance of the work of this contract.
Witness my hand this________ day of _______________, 200____
Signature of Bidder, with Business Address:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
66
SLURRY SEAL OF LOCAL STREETS 40 Spec NO. 19-10
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.)
67
SLURRY SEAL OF LOCAL STREETS 41 Spec NO. 19-10
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
68
SLURRY SEAL OF LOCAL STREETS 42 Spec NO. 19-10
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.
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
69
SLURRY SEAL OF LOCAL STREETS 43 Spec NO. 19-10
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: __________________
6:
SLURRY SEAL OF LOCAL STREETS 44 Spec NO. 19-10
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 XXXXXXXXXXXX for SLURRY SEAL OF LOCAL STREETS.
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: __________________________________________________________
__________________________________________________________
__________________________________________________________
71
SLURRY SEAL OF LOCAL STREETS 45 Spec NO. 19-10
NON-COLLUSION AFFIDAVIT
Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid.
To City Council, City of Ukiah:
The undersigned in submitting a bid for performing SLURRY SEAL OF LOCAL STREETS 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 ____.
72
SLURRY SEAL OF LOCAL STREETS 46 Spec NO. 19-10
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
SLURRY SEAL OF LOCAL STREETS
SPECIFICATION NO. 19-10
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 fifteen (15) 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
SLURRY SEAL OF LOCAL STREETS 47 Spec NO. 19-10
73
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
SLURRY SEAL OF LOCAL STREETS 48 Spec NO. 19-10
74
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.
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.
SLURRY SEAL OF LOCAL STREETS 49 Spec NO. 19-10
75
(i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of
submitting the bid.
Article IV. Parts of the Contract.
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
SLURRY SEAL OF LOCAL STREETS 50 Spec NO. 19-10
76
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
ormance under the
work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive
negligence or other wrongful conduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY: _______________________________________________
TITLE: _______________________________________________
SLURRY SEAL OF LOCAL STREETS 51 Spec NO. 19-10
77
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)
___________________________________
78
SLURRY SEAL OF LOCAL STREETS 52 Spec NO. 19-10
(City/State/Zip Code)
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 $____________________________..
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must
be attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the
______________________________ Secretary of the corporation named as Principal in the foregoing bond;
that _______________________________________, who signed the said bond on behalf of the Principal, was
then ____________________________________________ of said corporation; that I know his signature, and
that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in
behalf of said corporation by authority of its governing body.
79
SLURRY SEAL OF LOCAL STREETS 53 Spec NO. 19-10
____________________________________________ Affix Corporate Seal
7:
SLURRY SEAL OF LOCAL STREETS 54 Spec NO. 19-10
CITY OF UKIAH
Mendocino County, California
MATERIAL AND LABOR BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________
__________________________________________________________________________, AS PRINCIPAL,
and
__________________________________________________________________________
__________________________________________________________________________, AS SURETY,
are held firmly bound unto THE CITY OF UKIAH
dollars ($____________________)
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)
81
SLURRY SEAL OF LOCAL STREETS 55 Spec NO. 19-10
___________________________________
(City/State/Zip Code)
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.
82
SLURRY SEAL OF LOCAL STREETS 56 Spec NO. 19-10
____________________________________________ Affix Corporate Seal
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.
83
SLURRY SEAL OF LOCAL STREETS 57 Spec NO. 19-10
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
84
SLURRY SEAL OF LOCAL STREETS 58 Spec NO. 19-10
2
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COU No. _________
AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered into this ____ day of ______, 2019 ,
by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and Welty,
Weaver and Currie, a ___________, organized and in good standing under the laws of the state
of California, hereinafter referred to as "Consultant" .
RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to providing strategic counsel and legal advice
on land use planning efforts by the City including issues
related to water and natural resources.
b. Consultant represents that it has the qualifications, skills, experience and properly
licensed to provide these services, and is willing to provide them according to the terms
of this Agreement.
c. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto
as Attachment "A", describing contract provisions for the project and setting forth the
completion dates for the various services to be provided pursuant to this Agreement.
TERMS OF AGREEMENT
1.0 DESCRIPTION OF PROJECT
1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A").
2.0 SCOPE OF SERVICES
2.1 As set forth in Attachment "A".
2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement
between City and Consultant. The written Agreement shall be in the form of an
Amendment to this Agreement.
3.0 CONDUCT OF WORK
3.1 Time of Completion. Consultant shall commence performance of services as required by
the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete
services as requested to the City's reasonable satisfaction, even if contract disputes arise
or Consultant contends it is entitled to further compensation.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the performance of the professional services of this
Agreement, Consultant shall be compensated on a time and expense basis. Labor
charges shall be based upon hourly billing rate by Consultant to perform the Scope of
Work as set forth in the attached Attachment A, which shall include all indirect costs and
4
PAGE 1 OF 9
COU No. _________
expenses of every kind or nature. The direct expenses and the fees to be charged for
same shall be as set forth in Attachment A.
4.2 Changes. Should changes in compensation be required because of changes to the
Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in
compensation. "Changes to the Scope-of-Work" means different activities than those
described in Attachment "A" and not additional time to complete those activities than the
parties anticipated on the date they entered this Agreement.
4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a
portion of the work of this Agreement shall be approved by City prior to commencement
of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed
amount set forth in Section 4.1.
4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this
contract shall be based upon submission of monthly invoices for the work satisfactorily
performed prior to the date of the invoice less any amount already paid to Consultant,
which amounts shall be due and payable thirty (30) days after receipt by City. The invoices
shall provide a description of each item of work performed, the time expended to perform
each task, the fees charged for that task, and the direct expenses incurred and billed for.
Invoices shall be accompanied by documentation sufficient to enable City to determine
progress made and to support the expenses claimed.
5.0 ASSURANCES OF CONSULTANT
5.1 Independent Contractor. Consultant is an independent contractor and is solely
responsible for its acts or omissions. Consultant (including its agents, servants, and
employees) is not the City's agent, employee, or representative for any purpose.
It is the express intention of the parties hereto that Consultant is an independent contractor
and not an employee, joint venturer, or partner of City for any purpose whatsoever. City
shall have no right to, and shall not control the manner or prescribe the method of
accomplishing those services contracted to and performed by Consultant under this
Agreement, and the general public and all governmental agencies regulating such activity
shall be so informed.
Those provisions of this Agreement that reserve ultimate authority in City have been
inserted solely to achieve compliance with federal and state laws, rules, regulations, and
interpretations thereof. No such provisions and no other provisions of this Agreement
shall be interpreted or construed as creating or establishing the relationship of employer
and employee between Consultant and City.
Consultant shall pay all estimated and actual federal and state income and self-
employment taxes that are due the state and federal government and shall furnish and
pay worker's compensation insurance, unemployment insurance and any other benefits
required by law for himself and his employees, if any. Consultant agrees to indemnify and
hold City and its officers, agents and employees harmless from and against any claims or
demands by federal, state or local government agencies for any such taxes or benefits
due but not paid by Consultant, including the legal costs associated with defending against
any audit, claim, demand or law suit.
5
PAGE 2 OF 9
COU No. _________
Consultant warrants and represents that it is a properly licensed professional or
professional organization with a substantial investment in its business and that it maintains
its own offices and staff which it will use in performing under this Agreement.
5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to
City. Consultant has no interest and will not acquire any direct or indirect interest that
would conflict with its performance of the Agreement. Consultant shall not in the
performance of this Agreement employ a person having such an interest. If the City
conflict of interest code, the Consultant shall file the required disclosure form with the City
Clerk within 10 days
6.0 INDEMNIFICATION
6.1 Insurance Liability. Consultant shall not begin work under this Agreement until it procures
and maintains for the full period of time allowed by law, surviving the termination of this
Agreement insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with its performance under this Agreement.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office ("ISO) Commercial General Liability Coverage
Form No. CG 20 10 10 01 and Commercial General Liability Coverage
Completed Operations Form No. CG 20 37 10 01.
2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1
"any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
4. Errors and Omissions liability insurance appropriate t
include contractual liability.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit 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, the general
aggregate limit shall apply separately to the work performed under this
Agreement, or the aggregate limit shall be twice the prescribed per
occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
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COU No. _________
3. Worker's Compensation and Employers Liability: Worker's compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
4. Errors and Omissions liability: $1,000,000 per occurrence.
C. 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 to the City, its officers, officials,
employees and volunteers; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense
expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
a. The City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of
activities performed by or on behalf of the Consultant, products and
completed operations of the Consultant, premises owned, occupied
or used by the Consultant, or automobiles owned, hired or borrowed
by the Consultant for the full period of time allowed by law, surviving
the termination of this Agreement. The coverage shall contain no
special limitations on the scope-of-protection afforded to the City,
its officers, officials, employees or volunteers.
b. The Consultant's insurance coverage shall be primary insurance as
respects to the City, its officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the City, its officers,
officials, employees or volunteers shall be in excess of the
Consultant's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
d. The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
2. Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City,
its officers, officials, employees and volunteers for losses arising from
Consultant's performance of the work, pursuant to this Agreement.
7
PAGE 4 OF 9
COU No. _________
3. Professional Liability Coverage
If written on a claims-made basis, the retroactivity date shall be the effective
date of this Agreement. The policy period shall extend one year from date
of final invoice.
4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the City.
E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. Best's
rating of no less than A- for financial strength, AA for long-term credit rating and
AMB-1 for short-term credit rating.
F. Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates
and Endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The Certificates and
Endorsements are to be on forms provided or approved by the City. Where by
statute, the City's Workers' Compensation - related forms cannot be used,
equivalent forms approved by the Insurance Commissioner are to be substituted.
All Certificates and Endorsements are to be received and approved by the City
before Consultant begins the work of this Agreement. The City reserves the right
to require complete, certified copies of all required insurance policies, at any time.
If Consultant fails to provide the coverages required herein, the City shall have the
right, but not the obligation, to purchase any or all of them. In that event, the cost
of insurance becomes part of the compensation due the contractor after notice to
Consultant that City has paid the premium.
G. Subcontractors
Consultant shall include all subcontractors or sub-consultants as insured under its
policies or shall furnish separate certificates and endorsements for each sub-
contractor or sub-consultant. All coverage for sub-contractors or sub-consultants
shall be subject to all insurance requirements set forth in this Paragraph 6.1.
7.0 CONTRACT PROVISIONS
7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or
reports and supportive data prepared by Consultant under this Agreement are owned and
become the property of the City upon their creation and shall be given to City immediately
upon demand and at the completion of Consultant's services at no additional cost to City.
Deliverables are identified in the Scope-of-Work, Attachment "A". All documents produced
by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall
produce the digital format, using software and media approved by City.
8
PAGE 5 OF 9
COU No. _________
7.2 Governing Law. Consultant shall comply with the laws and regulations of the United
States, the State of California, and all local governments having jurisdiction over this
Agreement. The interpretation and enforcement of this Agreement shall be governed by
California law and any action arising under or in connection with this Agreement must be
filed in a Court of competent jurisdiction in Mendocino County.
7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set
forth the entire understanding between the parties.
7.4 Severability. If any term of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall remain in effect.
7.5 Modification. No modification of this Agreement is valid unless made with the agreement
of both parties in writing.
7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall
not assign, transfer, or sub-contract its interest or obligation under all or any portion of this
Agreement without City's prior written consent.
7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall
be a waiver of any other or subsequent breach of the same or any other covenant, term
or condition or a waiver of the covenant, term or condition itself.
7.8 Termination. This Agreement may be terminated upon written notice by either party to the
other party. A party shall notify the other party of any alleged breach of the Agreement
and of the action required to cure the breach. If the breaching party fails to cure the breach
within the time specified in the notice, the contract shall be terminated as of that time. If
terminated for lack of funds or abandonment of the project, the contract shall terminate on
the date notice of termination is given to Consultant. City shall pay the Consultant only
for services performed and expenses incurred as of the effective termination date. In such
event, as a condition to payment, Consultant shall provide to City all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by the Consultant under this Agreement. Consultant shall be entitled to receive
just and equitable compensation for any work satisfactorily completed hereunder, subject
to off-set for any direct or consequential damages City may incur as a result of
Consultant's breach of contract.
7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. Alternatively, this Agreement may be
executed and delivered by facsimile or other electronic transmission, and in more than
one counterpart, each of which shall be deemed an original, and all of which together shall
constitute one and the same instrument. When executed using either alternative, the
executed agreement shall be deemed an original admissible as evidence in any
administrative or judicial proceeding to prove the terms and content of this Agreement.
9
PAGE 6 OF 9
COU No. _________
8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when
personally delivered or deposited in the mail (certified or registered) addressed to the
parties as follows:
CITY OF UKIAH WELTY, WEAVER, AND CURRIE
DEPT. OF WATER RESOURCES ATTN: PHILIP A. WILLIAMS
300 SEMINARY AVENUE 141 NORTH STREET, SUITE A
UKIAH, CALIFORNIA 95482-5400 HEALDSBURG, CA 95448
9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:
CONSULTANT
BY: __________________________ ____________________
Date
PRINT NAME: _________________
__________________
IRS IDN Number
CITY OF UKIAH
BY: ____________________
SAGE SANGIACOMO Date
CITY MANAGER
ATTEST
____________________
CITY CLERK Date
:
PAGE 7 OF 9
COU No. _________
ATTACHMENT A SCOPE OF WORK & FEE SCHEDULE
MATTER: City of Ukiah Water Rights
Scope of Work
Work will be performed as needed, and include providing strategic counsel and legal advice on
land use planning efforts by the City, including issues related to water and natural resources.
Work will also include engaging with Mendocino Local Agency Formation Commission (LAFCo),
local water agencies, other special districts and government entities in the Ukiah Valley to arrive
at durable solutions for sustainable growth and municipal service delivery.
Fee Schedule
Legal services will be provided by the following individuals at the following rates:
Billing Attorney: Philip A. Williams
Billing Rate: $350 an hour, billed at 15 minute increments.
Travel Rate: $200 an hour, billed at 15 minute increments, minus first 45 minutes
of each one-way trip.
Additional persons may be authorized to perform services only upon written amendment to this
Agreement.
MATTER: General Water Resources and Land Use Counsel
Scope of Work
Provide legal counsel and representation in variety of issues related to water management and
City before local and state agencies and commissions on issues related to resources, services
and jurisdiction.
Fee Schedule
Legal services will be provided by the following individuals at the following rate tiers:
Billing Attorney: Philip A. Williams
Billing Rate: Tier 1: $300 an hour, first 25 hours/month
Tier 2: $250 an hour, 26-55 hours/month
Tier 3: $200 an hour, 56 hours or more/month
Travel Rate: $200 an hour, billed at 15 minute increments, minus first 45 minutes
of each one-way trip.
Additional persons may be authorized to perform services only upon written amendment to this
Agreement.
21
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COU No. _________
ADDITIONAL TERMS
The following provisions supplement the terms of the agreement. In any conflict between the
agreement and these additional terms, the following terms prevail.
HOURLY RATES. Attorney will bill hourly rates at actual time with no minimum time. Attorney will
not charge for travel time between San Francisco or Marin County and Ukiah, but will be entitled
to reimbursement at $.50/mile for use of a private automobile.
COSTS & EXPENSES. In addition to paying legal fees, City shall reimburse Attorney for all costs
and expenses incurred by Attorney, including but not limited to, process servers' fees, fees fixed
by law or assessed by courts or other agencies, court reporters' fees, long distance telephone
calls, messenger and other delivery fees, investigation expenses authorized in advance by City,
consultants' fees, expert witness fees and other similar items authorized in advance by City.
STATEMENTS. Attorney shall send City statements for fees and costs incurred, on a monthly or
as needed basis. Statements shall state the date of each service, the name and hourly rate of the
professional performing the service, a description of the service performed, and the amount of
time devoted to each item. Expenses payable by City will be itemized. City shall pay Attorney's
statements within thirty (30) days after each statement's date, unless disputed by City.
Statements shall be final and conclusive as between the parties unless any problem or
disagreement is communicated from City to Attorney within twenty (20) days after rendition.
DISCHARGE & WITHDRAWAL. City may discharge Attorney at any time. Attorney may withdraw
with CityCityCity
refusal to cooperate with Attorney or to follow Attorney's advice on a material matter or any other
fact or circumstance that would render Attorney's continuing representation unlawful or unethical.
CONCLUSION OF SERVICES. When Attorneys' services conclude, all unpaid undisputed
charges shall become immediately due and payable. After Attorney's services conclude, Attorney
will, upon request, deliver to City any City funds or property in Attorney's possession,
including any files or documents produced or possessed by Attorney as a result of Attorne
representation of City.
DISCLAIMER OF GUARANTEE. Nothing in this Contract and nothing in Attorney's statements
to City will be construed as a promise or guarantee about the outcome of Citys matter. Attorney
makes no such promises or guarantees. Attorney's comments about the outcome of City
are expressions of opinion only.
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$18,776.00 $43,824.00 $18,150.00 $36,095.00 $21,197.00
$174,662.00
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Fort Bragg Electric 489 South Harrison StreetFort Bragg, CA 95437 Rose Engineering Excavation
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Ghilotti Construction Co.246 Ghilotti AvenueSanta Rosa, CA 95407 Coastal Mountain Electric Electrical
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$5,500.00 $2,750.00 $3,300.00 $6,600.00 $3,300.00 $3,300.00 $5,000.00
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Bartley Pump PM LLC 4000 S Moorland AveSanta Rosa, CA 95407 Pacific Coast Drilling Auger
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5
BUUBDINFOU3
Vehicle&HeavyEquipmentRequest&Justification
FORFISCALYEAR:2018/2019
ITEM:COMMAND/CHIEFOFFICERVEHICLE ASSETUSEFULLIFE:510YEARSESTIMATEDCOST:$50,000
SUBMITTEDBY:ERICSINGLETON,FIRECAPTAIN
NEWREQUESTORREPLACEMENTOFEXISTING?:Replacementofexisting.
PROJECT
PROPOSEDBUDGETEDAMOUNTFOR
EACHDEPT/DIV
DEPARTMENT(S)DIVISION(S)CODEORG&OBJECTACCOUNTCODE
FIREAUTHORITYCITYFIREV316410021210.80100$50,000.00
EXISTING VEHICLEOREQUIPMENTREQUESTINGTOBEREPLACED
VIN/SERIAL#
CITYEQUIPMENT#MODEL
YEAR
1999
U6515
CHEVY4X4BLAZER 1GNDT13W6X2209361
ESTIMATEDLIFEINCURRENTMILEAGE/HOURSORIGINALPURCHASEPRICEESTIMATEDSALVAGE/RESALEVALUE
/HOURS
MILEAGE
100000miles104,000MILES
$26,700.00$700.00
CURRENTCONDITION:Fair.Intermittentnonoperationaldashgaugedisplay.
MAINTENANCECOSTSTODATEMEETCARBSTANDARDS?
ADDITIONALNEEDEDREPAIRSESTIMATE(IFAPPLICABLE)
$17,231.00None.Meets2018Standards.
ESTIMATEDOUTOFSERVICETIMEPARTSAVAILABILITY
159hoursSOMEOEMPARTSAREAVAILABLE
PROPOSED VEHICLEORHEAVYEQUIPMENT
PROPOSEDEQUIPMENTSPECIFICATIONS(ATTACHADDITIONALDOCUMENTATIONIFNECESSARY):2018/2019FORDEXPLORER,EXPEDITIONORF150XL
SUPERCREWOREQUAL.
EST.MILEAGE/HOURSPERYEAR 7,00010,000MILES
JUSTIFICATION/USE/NEED:ThevehiclewillbeusedonadailybasisbytheUkiahValleyFireAuthorityasaCommand/ChiefOfficervehicle.It
willbeassignedtothenewpermanentFireChiefasastaffvehicleandtorespondtoemergencyincidentsasneeded.Itwillprovideamobile
incidentcommandpostwithextensivecommunicationcapability.
COST/BENEFITANALYSIS:Basedonpasthistory,useofthevehiclesshouldextendwellbeyondthestandardusefullifeof510year,tomost
likely1015years.Basedonthisestimation,thecostforthevehiclealonewillbeapproximately$3,300peryear.Thebenefititwillprovideis
thenecessaryequipmentneededforFireChiefforproperresponsetoemergencyincidents.tƌĻğƭĻƭĻĻğƷƷğĭŷĻķƭǒƦƦƌĻƒĻƓƷğƌźƓŅƚƩƒğƷźƚƓ͵
OTHERINDIRECTBENEFITS:None.
ALTERNATESOLUTIONSEXPLORED:Continueduseofexistingvehiclesisnotrecommended.
ADDITIONALCOMMENTS:N/A
6
REVIEWED&APPROVEDBY:SIGNATUREDATE
DEPARTMENTHEAD
FLEETMAINTENANCESUPERVISOR
MAINTENANCECOSTSFIRECOMMANDVEHICLEV3164
YearMilesCost
2004/2005370003,768.00$
2005/2006418303,044.00$
2006/2007520006,397.00$
2007/2008619004,946.00$
2008/2009776106,060.00$
2009/2010851001,496.00$
2010/2011900821,500.00$
2011/201291960891.00$
2012/2013989001,489.00$
2013/2014100000$
2014/2015100398849.00$
2015/2016100857$
TOTALS10085717,231.00$
7
8
BUUBDINFOU4
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3
4
5
6
7
8
9
:
21
22
Attachment #3
23
24
Attachment #4
25
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27
Attachment #5
28
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Buubdinfou2
ORDINANCE NO. ____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 10
TO CHAPTER
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE.
Article 10 is hereby added to Chapter 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. City means 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
other structure capable of
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 1.6100(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, 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
1
evaluated consistent with 47 C.F.R. 1.6100 Subpart b(7).
bb. means a Wireless Facility that meets both
ntenna (including, without
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.
1
)8* Substantial change. A modification substantially changes the physical dimensions of an eligible support
structure if it meets any of the following criteria:
)j* 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;
)B* 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.
)jj* 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;
)jjj* 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;
)jw* It entails any excavation or deployment outside the current site;
)w* It would defeat the concealment elements of the eligible support structure; or
)wj* 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 §
1.6100(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, no Municipal Agreement will be required and
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
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application intake submission until the application is approved.
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)
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:
below; and
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.
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7. An executed Municipal Agreement as set forth in Section 2401.1.a of this Code,
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
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Applicant. The Applicant may cure the deficiencies identified by the
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.
2
1.6100(c).
2
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
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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
mutual agreement or in cases where the reviewing State or local government determines that the application is incomplete. The
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 distribution poles where required by the electrical
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. ased costs
to comply with undergrounding requirements that are imposed on other
utilities and property owners in such Districts.
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
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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.
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 sixty (60) 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
reasonably
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cooperate with the City to carry out Reconditioning Work activities in a manner
(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 Prov from the
consequences of the Reconditioning Work, including but not limited to
paint and debris fallout. The City reserves the right to require the
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, but in no ca
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
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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
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.
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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-
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 City
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 Cityor 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
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othe City,
provided that the City incurs the incremental costs of placing the
conduit/infrastructure as requested. The City shall be responsible for
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
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) The City will use its best efforts to accommodate the Prov
for relocation of the Communications Facility, whenever the City has
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2:
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
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
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the costs of removal within thirty (30) days after the City provides
a written statement detailing the costs.
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
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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.
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
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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
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 City
confidential or proprietary treatment of an Application material
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
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34
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.
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
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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
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. 1.6100(c).
Section 2402.4 Applications Requiring Discretionary Review and Approval.
a. Discretionary Review Required. The following uses on private property including,
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36
without limitation, on any Utility Easement, shall require compliance with, and
issuance of a minor use permit under Section 9262:
(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 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
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.
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c. 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:
NOES:
ABSENT:
ABSTAIN:
_______________
Maureen Mulheren, Mayor
ATTEST:
_______
Kristine Lawler, City Clerk!
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BqqfoejyB
BHSFFNFOU!CFUXFFO!UIF!DJUZ!PG!VLJBI!!BOE!`````````````````!GPS!UIF!
VTF!PG!MJDFOTPS!QSPQFSUZ!JO!DPOOFDUJPO!XJUI!UIF!PQFSBUJPO!PG!B!
XJSFMFTT!OFUXPSL!
This Agreement is made and entered into by and between the City of Ukiah, a municipal
____________, a _______________
SFDJUBMT
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.
BHSFFNFOU
1.Efgjojujpot!boe!Fyijcjut/
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.
39
1
Ukiah/Verizon Wireless Master Agreement
11318824_2
(a) Bhsffnfou means this Agreement for the Use of Licensor Property in
Connection with the Operation of a Wireless Network.
(b) Buubdinfou!Gff or Qpmf!Buubdinfou!Gff means that fee described in
Section 4.1 of this Agreement.
(c) Djuz means the City of Ukiah.
(d) Dpef means the Ukiah City Code and applicable federal and state codes.
(e) Frvjqnfou 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) FVTFSD!Sfrvjsfnfout means requirements set forth by the Electric
Utility Service Equipment Requirements Committee.
(g) Ib{bsepvt!Tvctubodf 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) Joufsgfsfodf means physical interference and radio frequency interference.
(i) Mbxt 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) Nvojdjqbm!Gbdjmjuz!ps!Nvojdjqbm!Gbdjmjujft 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) Opo.Nvojdjqbm!Gbdjmjuz!ps!Opo.Nvojdjqbm!Gbdjmjujft 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.
3:
2
Ukiah/Verizon Wireless Master Agreement
11318824_2
(l) Qfsnju 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) Qiztjdbm!joufsgfsfodf means where equipment, vegetation or a structure
obstruction in a necessary line-of-sight path.
(n) Sbejp!gsfrvfodz!joufsgfsfodf 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) SPX 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) Tjuf!Tvqqmfnfou means the form of the license granted by this Agreement,
described in Section 2 below, and shown on Exhibit A.
(q) Tnbmm!Dfmm means compact communication sites in a mobile network but
providing a smaller coverage area than traditional macrocells.
(r) Ufsn means the period that this Agreement is in effect as described in
Section 3.1 of this Agreement.
(s) Vljbi!Kpjou!Vtf!Bhsffnfou!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) Vljbi!Kpjou!Vtf!Bhsffnfou!Qbsujft 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.
41
3
Ukiah/Verizon Wireless Master Agreement
11318824_2
(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. Tjuf!Tvqqmfnfou!Hsboufe!boe!Ufsnt/
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.
42
4
Ukiah/Verizon Wireless Master Agreement
11318824_2
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
43
5
Ukiah/Verizon Wireless Master Agreement
11318824_2
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. Ufsn!pg!Tvqqmfnfout!boe!Bhsffnfou<!Dbodfmmbujpo<!Ufsnjobujpo<!Sfnpwbm!ps!
Bcboeponfou!bu!Fyqjsbujpo/
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.
44
6
Ukiah/Verizon Wireless Master Agreement
11318824_2
(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. Gfft!boe!Dibshft/ 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:
Zfbs;!Qpmf!Buubdinfou!Gff;!
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. Beejujpobm!Mjdfotf!boe!Qfsnjut!Sfrvjsfe!cz!Dpef/ 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. Cbtjd!Eftjho!boe!Jotubmmbujpo!Sfrvjsfnfout!gps!Vtjoh!Nvojdjqbm!Gbdjmjujft/ 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. Dpnnpo!Dpoejujpot!ps!Sfrvjsfnfout!Bqqmjdbcmf!up!Tjuf!Tvqqmfnfout!Jttvfe!Voefs!
uijt!Bhsffnfou/
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. Ujumf!boe!Pxofstijq/
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. Nbjoufobodf!boe!Sfqbjs/ 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. Ib{bsepvt!Tvctubodft/ 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. Joefnojuz/ 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. Jotvsbodf!Sfrvjsfnfout/
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. Bttjhonfou0Tvcmfuujoh/!
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. Efgbvmu/
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. Sfnfejft/ 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. Tvssfoefs/ 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. Opujdft/ 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. Njtdfmmbofpvt/
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. Dpotfou!pg!Vljbi!Kpjou!Vtf!Bhsffnfou!Qbsujft/ 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
MJDFOTPS: MJDFOTFF:
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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FYIJCJU!B!
Gpsn!pg!Tjuf!Tvqqmfnfou
Tvqqmfnfou
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
59
Ukiah/Verizon Wireless Master Agreement
11318824_2
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.
MJDFOTPS: MJDFOTFF:
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
61
Ukiah/Verizon Wireless Master Agreement
11318824_2
Fyijcju!2
Frvjqnfou!boe!Nvojdjqbm!Gbdjmjuz!
\[see attached\]
62
Ukiah/Verizon Wireless Master Agreement
11318824_2
FYIJCJU!C
!
2/ Hfofsbm/
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.
3/ Tdpqf!boe!Mjnjut!pg!Jotvsbodf/ 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.
63
Ukiah/Verizon Wireless Master Agreement
11318824_2
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.
4/ Beejujpobm!Qpmjdz!Qspwjtjpot!Sfrvjsfe/
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
64
Ukiah/Verizon Wireless Master Agreement
11318824_2
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.
65
Ukiah/Verizon Wireless Master Agreement
11318824_2
FYIJCJU!D
Vljbi!Kpjou!Vtf!Bhsffnfou!
\[see attached\]
66
Ukiah/Verizon Wireless Master Agreement
11318824_2
2
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ATTACHMENT 1
GOBBI STREET UNDERGROUNDING PROJECT - RE-BID
City of Ukiah
Bid Opening: 2019-07-30 St. Francis Electric, LLCRaPiD ConstructionRoyal Electric Company
975 Carden Street3072 Research Way STE 548481 Carbide Court
San Leandro, CA 94577Carson City, NV 89706Sacramento, CA 95828
Base Bid
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EXCAVATE, TRENCH, BACKFILL AND
1COMPACTION (12 INCH X 36 INCH TRENCH)1592LF$67.00$106,664.00$85.00$135,320.00$112.00$178,304.00
EXCAVATE, TRENCH, BACKFILL AND
2COMPACTION (18 INCH X 36 INCH TRENCH)95LF$104.00$9,880.00$100.00$9,500.00$62.00$5,890.00
EXCAVATE, TRENCH, BACKFILL AND
3COMPACTION (18 INCH X 48 INCH TRENCH)1207LF$111.00$133,977.00$125.00$150,875.00$68.00$82,076.00
EXCAVATE, TRENCH, BACKFILL AND
4COMPACTION (24 INCH X 48 INCH TRENCH)20LF$129.00$2,580.00$125.00$2,500.00$95.00$1,900.00
EXCAVATE, TRENCH, BACKFILL AND
5COMPACTION (24 INCH X 59 INCH TRENCH)2227LF$122.00$271,694.00$125.00$278,375.00$127.00$282,829.00
EXCAVATE, TRENCH, BACKFILL AND
COMPACTION (24 INCH X 75 INCH TO 80
6INCH TRENCH)85LF$185.00$15,725.00$125.00$10,625.00$156.00$13,260.00
EXCAVATE, TRENCH, BACKFILL AND
7COMPACTION (30INCH X 48 INCH TRENCH)64LF$145.00$9,280.00$250.00$16,000.00$107.00$6,848.00
EXCAVATE, TRENCH, BACKFILL AND
COMPACTION (30 INCH X59 INCH OFF-
8STREET TRENCH)32LF$150.00$4,800.00$250.00$8,000.00$147.00$4,704.00
EXCAVATE, TRENCH, BACKFILL AND
COMPACTION (30 INCH X 60 INCH TO 89
9INCH TRENCH)987LF$154.00$151,998.00$215.00$212,205.00$305.00$301,035.00
REMOVE AND REPLACE ASPHALT CONCRETE
10(12 INCH TRENCH)1412SF$42.00$59,304.00$22.00$31,064.00$43.00$60,716.00
REMOVE AND REPLACE ASPHALT CONCRETE
11(18 INCH TRENCH)1962SF$54.00$105,948.00$22.00$43,164.00$43.00$84,366.00
REMOVE AND REPLACE ASPHALT CONCRETE
12(24 INCH TRENCH)2965SF$27.00$80,055.00$22.00$65,230.00$43.00$127,495.00
REMOVE AND REPLACE ASPHALT CONCRETE
13(30 INCH TRENCH)2607SF$55.00$143,385.00$22.00$57,354.00$43.00$112,101.00
1 INCH PVC SCH 40 CONDUIT (COMCAST)
14INCLUDING INSTALLATION997FT$3.00$2,991.00$5.00$4,985.00$3.00$2,991.00
2 INCH PVC SCH 40 CONDUIT (COMCAST)
15INCLUDING INSTALLATION10944FT$4.00$43,776.00$4.00$43,776.00$5.00$54,720.00
3 INCH PVC SCH 40 CONDUIT (COMCAST)
16INCLUDING INSTALLATION35FT$129.00$4,515.00$10.00$350.00$15.80$553.00
2 INCH PVC SCHE 40 CONDUIT (AT&T)
17INCLUDING INSTALLATION1084FT$5.00$5,420.00$5.00$5,420.00$5.20$5,636.80
4 INCH PVC SCH 40 CONDUIT (AT&T)
18INCLUDING INSTALLATION16098FT$9.00$144,882.00$5.00$80,490.00$8.70$140,052.60
2 INCH PVC SCH 40 CONDUIT INCLUDING
19INSTALLATION (ELECTRIC)808FT$4.00$3,232.00$5.00$4,040.00$5.00$4,040.00
3 INCH PVC SCH 40 CONDUIT INCLUDING
20INSTALLATION (ELECTRIC)1614FT$7.00$11,298.00$8.00$12,912.00$7.30$11,782.20
4 INCH PVC SCH 40 CONDUIT INCLUDING
21INSTALLATION (ELECTRIC)4198FT$9.00$37,782.00$8.00$33,584.00$8.80$36,942.40
6 INCH PVC SCH 40 CONDUIT INCLUDING
22INSTALLATION (ELECTRIC)3226FT$10.00$32,260.00$10.00$32,260.00$17.40$56,132.40
SIDEWALK REMOVAL AND REPLACEMENT
FOR INSTALLATION OF ELECTRIC, CABLE
23& AT&T VAULTS AND BOXES675SF$57.00$38,475.00$45.00$30,375.00$67.00$45,225.00
CURB AND GUTTER REMOVAL AND
REPLACEMENT FOR INSTALLATION OF
ELECTRIC, CABLE & AT&T VAULTS AND
24BOXES15LF$110.00$1,650.00$75.00$1,125.00$218.00$3,270.00
EXCAVATE, BACKFILL, COMPACT AND
INSTALL CABLE SERVICE VAULTS B48
25(COMCAST)12EA$550.00$6,600.00$2,500.00$30,000.00$1,870.00$22,440.00
EXCAVATE, BACKFILL, COMPACT AND
INSTALL CABLE SERVICE VAULTS N36
26(COMCAST)8EA$1,500.00$12,000.00$1,500.00$12,000.00$1,730.00$13,840.00
EXCAVATE, BACKFILL, COMPACT AND
INSTALL CABLE SERVICE VAULTS N30
27(COMCAST)12EA$350.00$4,200.00$1,600.00$19,200.00$1,640.00$19,680.00
EXCAVATE, BACKFILL, COMPACT AND
INSTALL SERVICE VAULTS 24 X 36 X 30 AT
28(AT&T)25EA$1,859.00$46,475.00$5,000.00$125,000.00$4,460.00$111,500.00
EXCAVATE, BACKFILL, COMPACT AND
INSTALL SERVICE VAULTS 30 X 60 X 48 AT
29(AT&T)4EA$4,075.00$16,300.00$11,000.00$44,000.00$9,400.00$37,600.00
EXCAVATE, BACKFILL, COMPACT AND
INSTALL SERVICE VAULTS 48 X 78 X 48 AT
30(AT&T)6EA$10,685.00$64,110.00$12,000.00$72,000.00$9,600.00$57,600.00
EXCAVATE, BACKFILL, COMPACT AND
INSTALL CONCRETE VAULT (CITY TO PROVIDE
31VAULT 48)2EA$610.00$1,220.00$10,000.00$20,000.00$6,000.00$12,000.00
EXCAVATE, BACKFILL, COMPACTION AND
INSTALL PEDESTEL BOX PAD (CITY TO
32PROVIDE)3EA$2,000.00$6,000.00$2,300.00$6,900.00$3,550.00$10,650.00
EXCAVATE, BACKFILL, COMPACTION AND
INSTALL TRANSFORMER BOX PAD (CITY TO
33PROVIDE)2EA$7,000.00$14,000.00$3,000.00$6,000.00$4,530.00$9,060.00
EXCAVATE, BACKFILL, COMPACTION AND
INSTALL PADMOUNT SWITCH BOX PAD (CITY
34TO PROVIDE)1EA$3,998.00$3,998.00$5,000.00$5,000.00$4,530.00$4,530.00
EXCAVATE, BACKFILL, COMPACTION AND
INSTALL SECONDARY SERVICE BOX (CITY TO
35PROVIDE)19EA$450.00$8,550.00$3,000.00$57,000.00$2,120.00$40,280.00
DRIVEWAY, SIDEWALK AC REMOVAL AND
REPLACEMENT BEHIND RIGHT-A-WAY
36ALONG LESLIE AND MARSHALL STREETS815SF$50.00$40,750.00$35.00$28,525.00$54.00$44,010.00
LANDSCAPE REMOVAL AND REPLACEMENT-
GOBBI, LESLIE, MARSHALL SREETS AND
37ORCHARD AVENUE1LS$18,000.00$18,000.00$45,000.00$45,000.00$3,030.00$3,030.00
38LANE STRIPING1400FT$12.80$17,920.00$12.00$16,800.00$28.00$39,200.00
39TRAFFIC LOOP REPAIR2EA$31,000.00$62,000.00$4,000.00$8,000.00$1,820.00$3,640.00
1 INCH HDPE CONDUIT INCLUDING
40INSTALLATION2115FT$30.00$63,450.00$33.00$69,795.00$14.50$30,667.50
STREETLIGHT FOUNDATIONS INCLUDING
REMOVAL AND REPLACEMENT OF SIDEWALK
AND INSTALLATION OF STREETLIGHT
STANDARD AND LUMINAIRE (CITY TO
41PROVIDE STANDARD AND LUMINAIRE)22EA$3,750.00$82,500.00$3,500.00$77,000.00$9,700.00$213,400.00
INSTALL STREETLIGHT JUNCTION BOXES AND
MAKE ELECTRIC CONNECTIONS. (CITY TO
42PROVIDE)23EA$700.00$16,100.00$800.00$18,400.00$1,760.00$40,480.00
43#8 AWG THWN INCLUDING INSTALLATION6750FT$1.30$8,775.00$1.50$10,125.00$1.46$9,855.00
44#12 AWG THWN INCLUDING INSTALLATION5000FT$1.10$5,500.00$1.50$7,500.00$1.12$5,600.00
BORE AND JACK 12 INCH STEEL CASING
45(ELECTRIC)20FT$1,110.00$22,200.00$2,300.00$46,000.00$2,100.00$42,000.00
BORE AND JACK 16 INCH STEEL CASING
46(AT&T AND CATV)20FT$1,110.00$22,200.00$2,300.00$46,000.00$2,100.00$42,000.00
47MOBILIZATION1LS$20,000.00$20,000.00$269,090.02$269,090.02$202,855.10$202,855.10
48DEMOBILIZATION1LS$5,000.00$5,000.00$75,000.00$75,000.00$163,000.00$163,000.00
49TRAFFIC CONTROL1LS$35,000.00$35,000.00$85,000.00$85,000.00$77,000.00$77,000.00
Total Bid
Amount$2,024,419.00$2,468,864.02$2,878,787.00
Listed SubsApply-A-LineApply-A-LineBay Area Traffic Solutions, Inc.
StripingStripingTraffic Control
Walter C. Smith Company, M&M Hansen Cal Boring
Inc.Communications Boring
Jack & BoreStreet Light System
Jack & Bore Granite Construction
AC Removal
Patching
Sierra Striping
Striping
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Buubdinfou2
ORDINANCE NO.
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF UKIAH AMENDING DIVISION 7, CHAPTER 1,
ARTICLE 8 OF THE UKIAH CITY CODE, ENTITLED
CAMPING.
The City Council of the City of Ukiah ordains as follows:
SECTION ONE. Article 8, entitled Camping in Division 7, Chapter 1 of the Ukiah City
Code is hereby amended to read as follows.
ARTICLE 8. CAMPING
SECTION:
§6080: Definitions
§6081: Unlawful Camping
§6082: Special Event Permit
§6083: Storage Of of Personal Property On on Public Or or Private Property
§6084: Penalty For for Violation
§6085: Enforcement
§6080 DEFINITIONS
The following words shall have the following meanings, when used in this article, unless
the context clearly indicates otherwise:
CAMP FACILITIES: Tents, tent-like shelter, tarpaulins, huts, motor vehicles,
recreational vehicles or temporary or PERMANENT structures, when placed on PUBLIC
or PRIVATE PROPERTY for the purpose of camping or when used on PUBLIC or
PRIVATE PROPERTY to CAMP. CAMP FACILITIES also include RECREATIONAL OR
MOTOR VEHICLES USED AS CAMP FACILITIES
TO CAMP OR CAMPING: To The occupation of a CAMP SITEsleep overnight at a
specific location on PUBLIC or PRIVATE PROPERTY, either in the open air or using
CAMP FACILITIES and CAMP PARAPHERNALIA, including to place, pitch, or use, as
applicable, CAMP FACILITIES or CAMP PARAPHERNALIA for such purposes.
CAMP PARAPHERNALIA: Bedrolls, blankets, tarpaulins, cots, beds, sleeping bags,
tents, hammocks, mattresses, sleeping pads, items used for cooking food portable
stoves, barbecues, grills, cooking pots, or similar equipment when placed on PUBLIC
or PRIVATE PROPERTY for the purpose of CAMPING or when used to CAMP. CAMP
PARAPHERNALIA also includes other personal effectsproperty, when used or stored
with CAMP PARAPHERNALIA as described herein.
CAMP SITE: The physical area on PUBLIC or PRIVATE PROPERTY occupied by
CAMP FACILITIES and/or CAMP PARAPHERNALIA for purposes of CAMPING.
4
-1-
ESTABLISH: Setting up or moving CAMP FACILITIES, CAMP PARAPHERNALIA or
other equipment, supplies or materials onto PUBLIC or PRIVATE PROPERTY to CAMP
or make ready to CAMP.
FLOODWAY: The area designated as floodway on the Flood Boundary Floodway Map
issued by the Federal Emergency Management Authority (FEMA) for the City of Ukiah,
regardless of ownership, and any other area within fifty feet of the channel top of the
bank of any creek, stream, river or drainage facility the purpose of which is to channel
water to a creek, stream or river.
MAINTAIN: Keeping or permitting CAMP FACILITIES, CAMP PARAPHERNALIA or
other equipment, supplies or materials to remain on PUBLIC or PRIVATE PROPERTY
in order to CAMP or using CAMP FACILITIESmake ready to CAMP.
MOTOR VEHICLE: A self-propelled car, truck or van or other motorized vehicle that can
carry two (2) or more persons within an enclosed or enclosable portion thereof.
OCCUPY: To be physically present and/or reside at a CAMP SITE.
OPERATE: Participating or assisting in establishing or maintaining a CAMP or CAMP
FACILITY.
PERMANENT: When used in reference to a CAMP SITE, CAMP FACILITIES, CAMP
PARAPHERNALIA or other equipment, supplies or materials: Any CAMP FACILITY,
CAMP PARAPHERNALIA or other equipment, supplies or materials that cannot be
broken down, packed up, and removed from a CAMP SITE as readily as a tent or
tent-like structure, as commonly used for temporary recreational CAMPING.
PRIVATE PROPERTY: Real property that is not PUBLIC PROPERTY, including, but
not limited to, STREETS, sidewalks, alleys, and improved or unimproved land.
PUBLIC PROPERTY: Real property that is open to the public and owned by a
government body or agency such as, but not limited to, the federal government, the
State of California, the County of Mendocino, the City of Ukiah, and special districts,
regardless of the form of ownership, including, but not limited to, STREETS, sidewalks,
alleys, and improved or unimproved land and parks.
RECREATIONAL VEHICLE: As defined in California Health and Safety Code section
18010.
RECREATIONAL OR MOTOR VEHICLES USED AS CAMP FACILITIES: Recreational
or Motor Vehicles when placed on PUBLIC or PRIVATE PROPERTY to CAMP.
RECREATIONAL VEHICLE PARK OR MOBILE HOME PARK: Any area of land within
the city licensed pursuant to the California Health and Safety Code as a mobile home
park, as defined in California Health and Safety Code section 18214, or a special
occupancy park as defined in California Health and Safety Code section 18862.43,
which has a currently effective city business license, and in which space is rented or
held out for CAMPING.
5
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SIDEWALK: Any area of PUBLIC PROPERTY adjacent to a STREET, or within a
parking lot, whether improved or unimproved, and commonly intended or designed for
pedestrian use.
STORE: To put aside or accumulate for use when needed, to put for safekeeping, to
place or leave in a location.
STREET: A street, alley, way or place of whatever nature, publicly or privately
maintained for purposes of vehicular travel. Street includes highway, as that term is
defined in the California Vehicle Code
§6081 UNLAWFUL CAMPING
Except as provided in subsections D1 through D4 of this sectionin this Article, it is
unlawful and a public nuisance for any person to CAMP, or to ESTABLISH, MAINTAIN,
OPERATE OR OCCUPY a CAMP SITE, CAMP FACILITIES, or use CAMP
PARAPHERNALIA in or upon the areas listed in subsections A-CF:
A. Any public park except as provided for in Section 1967 of this CodePUBLIC
PROPERTY, except when permitted under subsection D;
B. Within any FLOODWAYAny SIDEWALK;
C. Any STREET except for RECREATIONAL OR MOTOR VEHICLES USED AS
CAMP FACILITIES that are legally parked and do not remain parked longer than the
posted time limit, if any, or twelve hours, whichever is less;PRIVATE PROPERTY,
except when permitted under subsection D.
D. Any other PUBLIC PROPERTY except as otherwise permitted in this Article;The
prohibitions on CAMPING do not apply to:
E. Any FLOODWAY whether on PUBLIC or PRIVATE PROPERTY;
F. Any PRIVATE PROPERTY, except when permitted under Subsection G.
G. The prohibitions on CAMPING do not apply to:
1. CAMPING on private residential property by friends or family of the property
owner or person in lawful possession of the property, so long as the owner or
lawful occupant consents, and the CAMPING does not create a public or private
nuisance;
2. Mobile home parks and special occupancy parks or other locations where
CAMPING is specifically allowed under the Ukiah City Code;
3. CAMPING in public parks pursuant to section 1967 of this Code; and
43. CAMPING on PUBLIC or PRIVATE PROPERTY in connection with a special
event, when authorized pursuant to section Section 6082 of this Aarticle.
6
H. No person shall be in violation of the general prohibition on CAMPING on PUBLIC
PROPERTY contained in Subsection D of this Section unless:
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1. The person is informed of the location of homeless shelters currently in
operation in the City or outside of but within one mile of the City limits;
2. Such shelter is actually available to the person; and
3. The person voluntarily refuses to utilize or sleep in such shelter.
I. Even if the prohibition on CAMPING does not apply, because the requirements set
forth in Subsection H of this Section are not met, ESTABLISHMENT, MAINTAINANCE,
OPERATION or OCCUPATION of CAMP FACILITIES is prohibited between the hours
of 7:00 a.m. and 10:00 p.m. and constitutes a violation of this Section 6081, except as
otherwise permitted herein.
J. Even if the prohibition on CAMPING does not apply, because the requirements set
forth in Subsection H of this Section are not met, ESTABLISHMENT, MAINTAINANCE,
OPERATION or OCCUPATION of a CAMP SITE, CAMP FACILITIES, or use of CAMP
PARAPHERNALIA within an area larger than sixty-four (64) square feet per person is
prohibited and constitutes a violation of this Section 6081, except as otherwise
permitted herein.
K. RECREATIONAL OR MOTOR VEHICLES USED AS CAMP FACILITIES shall be
allowed to occupy a space equal to the dimensions of the vehicle, if parking in the
space is otherwise permitted under this Code, but the ESTABLISHMENT,
MAINTENANCE, OPERATION, or OCCUPATION of a CAMP, CAMP FACILITIES, or
use of CAMP PARAPHERNALIA outside the vehicle is prohibited and constitutes a
violation of this Section 6081 except as otherwise permitted herein.
L. ESTABLISHMENT, MAINTENANCE, OPERATION or OCCUPATION of
PERMANENT CAMP FACILITIES or CAMP PARAPHERNALIA for CAMPING;
attaching PERMANENT structures to trees or other onsite fixtures and the associated
installation of fencing or similar materials is prohibited and constitutes a violation of this
Section 6081.
§6082 SPECIAL EVENT PERMIT
The Ccity Mmanager or his or her designee may issue a permit pursuant to this section
authorizing CAMPING on PUBLIC or PRIVATE PROPERTY for a special event,
provided he or she can find that the event will not cause a public or private nuisance,
when conducted in accordance with reasonable conditions intended to avoid nuisance
impacts. Special event, as used herein, means an event sponsored by the city or a
nonprofit or community based organization of not more than seventy two (72)
duration which is conducted for the purpose of promoting sports, education, or other
charitable activities.
A. The Ccity Mmanager or his or her designee shall require a written application from
the sponsoring organization for CAMPING in connection with a special event. No such
application shall be required for a Ccity sponsored event. The application shall contain
such information as the Ccity Mmanager shall determine necessary in order to assure 7
compliance with this section.
-4-
B. The sponsoring organization must agree in writing to abide by any reasonable
conditions imposed in connection with the issuance of a permit, which shall include, at a
minimum:
1. Special event insurance with coverage and policy limits determined to be
adequate by the city in consultation with its liability insurer;
2. An agreement to indemnify and defend the city against any claims arising out of
the event;
3. Provision for adequate sanitation and trash collection facilities; and
4. Measures to control noise and other conditions which could disturb the peace
and quiet enjoyment of neighboring properties.
C. Any failure to comply with a condition imposed on a sponsoring organization shall
be considered a violation of this article, shall entitle the Ccity Mmanager to deny a future
application by such organization, and shall be subject to any other remedies authorized
by this Ccode or other provisions of law.
§6083 STORAGE OF PERSONAL PROPERTY ON PUBLIC OR PRIVATE
PROPERTY
It is unlawful and a public nuisance for any person to STORE CAMP PARAPHERNALIA
in the following areas:
A. Any PUBLIC PROPERTY;
B. Any FLOODWAY; or
C. Outside a structure on any PRIVATE PROPERTY without the prior written consent
of the owner.
§6084 ENFORCEMENT
The Ukiah Police Department shall adopt a policy establishing procedures to be
followed by its officers in the enforcement of this Article 8 that prevent the Article from
being enforced in an arbitrary or discriminatory manner and that prevent the violation of
the constitutional right to due process and to be free from unreasonable search or
seizure. The City Council shall adopt by resolution procedures for removing personal
property from an area used for CAMPING in violation of this Article 8 and provide an
opportunity and procedure for any person to claim property removed by the City from a
site used for CAMPING in violation of this Article 8.
§6085 PENALTY FOR VIOLATION
A violation of this Article is a misdemeanor subject to a fine not exceeding five hundred
dollars ($500.00) or imprisonment in the county jail for a period not exceeding three (3)
months, or by both such fine and imprisonment. Each day such violation is committed
8
or permitted to continue shall constitute a separate offense and shall be punishable as
such.
-5-
SECTION TWO. URGENCY ORDINANCE
This Ordinance is hereby declared to be necessary for the immediate preservation of
the public peace, health, and safety and will take effect and be in force upon its
adoption by a fourth-fifths (4/5) vote of the members of the Ukiah City Council. The facts
constituting the urgency are as follows:
1. A September 2018 decision from the United States Court of Appeals for the Ninth
Circuit, Martin v. City of Boise, limits local governments from enforcing prohibitions on
sitting, lying, and sleeping in public in the event that there are no spaces available in
homeless shelters in that jurisdiction.
2. Because of the Martin v. City of Boise decision, the City is unable to enforce its
Camping Ordinance as currently written.
detrimental effect on the public peace, health, and safety as permanent, large-scale
camp sites were established in environmentally sensitive, public areas, including areas
in close proximity to creeks, streams and rivers.
4. The establishment of permanent, large-scale camp sites in environmentally
sensitive, public areas resulted in an accumulation of trash, food waste, and human
waste in these areas and other unhealthful and unsanitary conditions.
5. The establishment of permanent, large-scale camp sites in environmentally
these areas.
6. In addition, these permanent, large-scale camp sites were used as a dump site for
large items by members of the public who were not residents of the camp sites.
7. The Martin v. City of Boise decision does not prevent local governments from
limiting and regulating sitting, lying, and sleeping in public, including prohibiting sitting,
lying, or sleeping in public at particular times or in particular locations and prohibiting the
construction of campsites and accumulation of possessions on public property.
8. Unauthorized overnight camping has increased in the City and the adverse
impacts from such activity continue to be a significant public health and environmental
problem in the City.
9. uncil
can address the significant public health and safety impacts of unauthorized overnight
camping by clarifying the application of camping restrictions in the City, regulating
camping when the unavailability of shelter space prevents enforcement of camping
prohibitions, setting time and place limitations on camping and prohibiting the
establishment of permanent, large-scale camp sites, and keeping public property
accessible and useful to the general public for the purposes for which it was acquired
9
and is maintained.
-6-
SECTION THREE.
1. CEQA COMPLIANCE.
The adoption of this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2)
and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or
reasonably foreseeable indirect physical change in the environment and because there
is no possibility that it may have a significant effect on the environment.
2. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, is for any reason held to be
invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this Ordinance, or its application to any other person
or circumstance. The City Council of the City of Ukiah hereby declares that it would
have adopted each section, subsection, subdivision, paragraph, sentence, clause or
phrase hereof, irrespective of the fact that any one or more other sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or
unenforceable.
Introduced and Adopted on ___________, 2019, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________
Maureen Mulheren, Mayor
ATTEST:
__________________
Kristine Lawler, City Clerk
:
-7-
Buubdinfou3
ORDINANCE NO.
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF UKIAH AMENDING DIVISION 7, CHAPTER 1,
ARTICLE 8 OF THE UKIAH CITY CODE, ENTITLED
CAMPING.
The City Council of the City of Ukiah ordains as follows:
SECTION ONE. Article 8, entitled Camping in Division 7, Chapter 1 of the Ukiah City
Code is hereby amended to read as follows.
ARTICLE 8. CAMPING
SECTION:
§6080: Definitions
§6081: Unlawful Camping
§6082: Special Event Permit
§6083: Storage of Personal Property on Public or Private Property
§6084: Penalty for Violation
§6085: Enforcement
§6080 DEFINITIONS
The following words shall have the following meanings, when used in this article, unless
the context clearly indicates otherwise:
CAMP FACILITIES: Tents, tent-like shelter, tarpaulins, huts, or temporary or
PERMANENT structures, when placed on PUBLIC or PRIVATE PROPERTY for the
purpose of camping or when used on PUBLIC or PRIVATE PROPERTY to CAMP.
CAMP FACILITIES also include RECREATIONAL OR MOTOR VEHICLES USED AS
CAMP FACILITIES
TO CAMP OR CAMPING: The occupation of a CAMP SITE, either in the open air or
using CAMP FACILITIES and CAMP PARAPHERNALIA, including to place, pitch, or
use, as applicable, CAMP FACILITIES or CAMP PARAPHERNALIA for such purposes.
CAMP PARAPHERNALIA: Bedrolls, blankets, tarpaulins, cots, beds, sleeping bags,
tents, hammocks, mattresses, sleeping pads, portable stoves, barbecues, grills, cooking
pots, or similar equipment when placed on PUBLIC or PRIVATE PROPERTY for the
purpose of CAMPING or when used to CAMP. CAMP PARAPHERNALIA also includes
other personal property, when used or stored with CAMP PARAPHERNALIA as
described herein.
CAMP SITE: The physical area on PUBLIC or PRIVATE PROPERTY occupied by
CAMP FACILITIES and/or CAMP PARAPHERNALIA for purposes of CAMPING.
21
-1-
ESTABLISH: Setting up or moving CAMP FACILITIES, CAMP PARAPHERNALIA or
other equipment, supplies or materials onto PUBLIC or PRIVATE PROPERTY to CAMP
or make ready to CAMP.
FLOODWAY: The area designated as floodway on the Flood Boundary Floodway Map
issued by the Federal Emergency Management Authority (FEMA) for the City of Ukiah,
regardless of ownership, and any other area within fifty feet of the top of the bank of any
creek, stream, river or drainage facility the purpose of which is to channel water to a
creek, stream or river.
MAINTAIN: Keeping or permitting CAMP FACILITIES, CAMP PARAPHERNALIA or
other equipment, supplies or materials to remain on PUBLIC or PRIVATE PROPERTY
to CAMP or make ready to CAMP.
MOTOR VEHICLE: A self-propelled car, truck or van or other motorized vehicle that can
carry two (2) or more persons within an enclosed or enclosable portion thereof.
OCCUPY: To be physically present and/or reside at a CAMP SITE.
OPERATE: Participating or assisting in establishing or maintaining a CAMP or CAMP
FACILITY.
PERMANENT: When used in reference to a CAMP SITE, CAMP FACILITIES, CAMP
PARAPHERNALIA or other equipment, supplies or materials: Any CAMP FACILITY,
CAMP PARAPHERNALIA or other equipment, supplies or materials that cannot be
broken down, packed up, and removed from a CAMP SITE as readily as a tent or
tent-like structure, as commonly used for temporary recreational CAMPING.
PRIVATE PROPERTY: Real property that is not PUBLIC PROPERTY, including, but
not limited to, STREETS, sidewalks, and improved or unimproved land.
PUBLIC PROPERTY: Real property that is open to the public and owned by a
government body or agency such as, but not limited to, the federal government, the
State of California, the County of Mendocino, the City of Ukiah, and special districts,
regardless of the form of ownership, including, but not limited to, STREETS, sidewalks,
and improved or unimproved land and parks.
RECREATIONAL VEHICLE: As defined in California Health and Safety Code section
18010.
RECREATIONAL OR MOTOR VEHICLES USED AS CAMP FACILITIES: Recreational
or Motor Vehicles when placed on PUBLIC or PRIVATE PROPERTY to CAMP.
RECREATIONAL VEHICLE PARK OR MOBILE HOME PARK: Any area of land within
the city licensed pursuant to the California Health and Safety Code as a mobile home
park, as defined in California Health and Safety Code section 18214, or a special
occupancy park as defined in California Health and Safety Code section 18862.43,
which has a currently effective city business license, and in which space is rented or
held out for CAMPING.
22
-2-
SIDEWALK: Any area of PUBLIC PROPERTY adjacent to a STREET, or within a
parking lot, whether improved or unimproved, and commonly intended or designed for
pedestrian use.
STORE: To put aside or accumulate for use when needed, to put for safekeeping, to
place or leave in a location.
STREET: A street, alley, way or place of whatever nature, publicly or privately
maintained for purposes of vehicular travel. Street includes highway, as that term is
defined in the California Vehicle Code
§6081 UNLAWFUL CAMPING
Except as provided in this Article, it is unlawful and a public nuisance for any person to
CAMP, or to ESTABLISH, MAINTAIN, OPERATE OR OCCUPY a CAMP SITE, CAMP
FACILITIES, or use CAMP PARAPHERNALIA in or upon the areas listed in subsections
A-F:
A. Any public park except as provided for in Section 1967 of this Code;
B. Any SIDEWALK;
C. Any STREET except for RECREATIONAL OR MOTOR VEHICLES USED AS
CAMP FACILITIES that are legally parked and do not remain parked longer than the
posted time limit, if any, or twelve hours, whichever is less;.
D. Any other PUBLIC PROPERTY except as otherwise permitted in this Article;
E. Any FLOODWAY whether on PUBLIC or PRIVATE PROPERTY;
F. Any PRIVATE PROPERTY, except when permitted under Subsection G.G. The
prohibitions on CAMPING do not apply to:
1. CAMPING on private residential property by friends or family of the property
owner or person in lawful possession of the property, so long as the owner or
lawful occupant consents, and the CAMPING does not create a public or private
nuisance;
2. Mobile home parks and special occupancy parks or other locations where
CAMPING is specifically allowed under the Ukiah City Code;
3. CAMPING on PUBLIC or PRIVATE PROPERTY in connection with a special
event, when authorized pursuant to Section 6082 of this Article.
H. No person shall be in violation of the general prohibition on CAMPING on PUBLIC
PROPERTY contained in Subsection D of this Section unless:
1. The person is informed of the location of homeless shelters currently in
operation in the City or outside of but within one mile of the City limits;
23
2. Such shelter is actually available to the person; and
-3-
3. The person voluntarily refuses to utilize or sleep in such shelter.
I. Even if the prohibition on CAMPING does not apply, because the requirements set
forth in Subsection H of this Section are not met, ESTABLISHMENT, MAINTAINANCE,
OPERATION or OCCUPATION of CAMP FACILITIES is prohibited between the hours
of 7:00 a.m. and 10:00 p.m. and constitutes a violation of this Section 6081, except as
otherwise permitted herein.
J. Even if the prohibition on CAMPING does not apply, because the requirements set
forth in Subsection H of this Section are not met, ESTABLISHMENT, MAINTAINANCE,
OPERATION or OCCUPATION of a CAMP SITE, CAMP FACILITIES, or use of CAMP
PARAPHERNALIA within an area larger than sixty-four (64) square feet per person is
prohibited and constitutes a violation of this Section 6081, except as otherwise
permitted herein.
K. RECREATIONAL OR MOTOR VEHICLES USED AS CAMP FACILITIES shall be
allowed to occupy a space equal to the dimensions of the vehicle, if parking in the
space is otherwise permitted under this Code, but the ESTABLISHMENT,
MAINTENANCE, OPERATION, or OCCUPATION of a CAMP, CAMP FACILITIES, or
use of CAMP PARAPHERNALIA outside the vehicle is prohibited and constitutes a
violation of this Section 6081 except as otherwise permitted herein.
L. ESTABLISHMENT, MAINTENANCE, OPERATION or OCCUPATION of
PERMANENT CAMP FACILITIES or CAMP PARAPHERNALIA for CAMPING;
attaching PERMANENT structures to trees or other onsite fixtures and the associated
installation of fencing or similar materials is prohibited and constitutes a violation of this
Section 6081.
§6082 SPECIAL EVENT PERMIT
The City Manager or his or her designee may issue a permit pursuant to this section
authorizing CAMPING on PUBLIC or PRIVATE PROPERTY for a special event,
provided he or she can find that the event will not cause a public or private nuisance,
when conducted in accordance with reasonable conditions intended to avoid nuisance
impacts. Special event, as used herein, means an event sponsored by the city or a
duration which is conducted for the purpose of promoting sports, education, or other
charitable activities.
A. The City Manager or his or her designee shall require a written application from the
sponsoring organization for CAMPING in connection with a special event. No such
application shall be required for a City sponsored event. The application shall contain
such information as the City Manager shall determine necessary in order to assure
compliance with this section.
B. The sponsoring organization must agree in writing to abide by any reasonable
conditions imposed in connection with the issuance of a permit, which shall include, at a
minimum:
24
1. Special event insurance with coverage and policy limits determined to be
adequate by the city in consultation with its liability insurer;
-4-
2. An agreement to indemnify and defend the city against any claims arising out of
the event;
3. Provision for adequate sanitation and trash collection facilities; and
4. Measures to control noise and other conditions which could disturb the peace
and quiet enjoyment of neighboring properties.
C. Any failure to comply with a condition imposed on a sponsoring organization shall
be considered a violation of this article, shall entitle the City Manager to deny a future
application by such organization, and shall be subject to any other remedies authorized
by this Code or other provisions of law.
§6083 STORAGE OF PERSONAL PROPERTY ON PUBLIC OR PRIVATE
PROPERTY
It is unlawful and a public nuisance for any person to STORE CAMP PARAPHERNALIA
in the following areas:
A. Any PUBLIC PROPERTY;
B. Any FLOODWAY; or
C. Outside a structure on any PRIVATE PROPERTY without the prior written consent
of the owner.
§6084 ENFORCEMENT
The Ukiah Police Department shall adopt a policy establishing procedures to be
followed by its officers in the enforcement of this Article 8 that prevent the Article from
being enforced in an arbitrary or discriminatory manner and that prevent the violation of
the constitutional right to due process and to be free from unreasonable search or
seizure. The City Council shall adopt by resolution procedures for removing personal
property from an area used for CAMPING in violation of this Article 8 and provide an
opportunity and procedure for any person to claim property removed by the City from a
site used for CAMPING in violation of this Article 8.
§6085 PENALTY FOR VIOLATION
A violation of this Article is a misdemeanor subject to a fine not exceeding five hundred
dollars ($500.00) or imprisonment in the county jail for a period not exceeding three (3)
months, or by both such fine and imprisonment. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall be punishable as
such.
SECTION TWO. URGENCY ORDINANCE
This Ordinance is hereby declared to be necessary for the immediate preservation of
the public peace, health, and safety and will take effect and be in force upon its
25
-5-
adoption by a fourth-fifths (4/5) vote of the members of the Ukiah City Council. The facts
constituting the urgency are as follows:
1. A September 2018 decision from the United States Court of Appeals for the Ninth
Circuit, Martin v. City of Boise, limits local governments from enforcing prohibitions on
sitting, lying, and sleeping in public in the event that there are no spaces available in
homeless shelters in that jurisdiction.
2. Because of the Martin v. City of Boise decision, the City is unable to enforce its
Camping Ordinance as currently written.
detrimental effect on the public peace, health, and safety as permanent, large-scale
camp sites were established in environmentally sensitive, public areas, including areas
in close proximity to creeks, streams and rivers.
4. The establishment of permanent, large-scale camp sites in environmentally
sensitive, public areas resulted in an accumulation of trash, food waste, and human
waste in these areas and other unhealthful and unsanitary conditions.
5. The establishment of permanent, large-scale camp sites in environmentally
sensitive, public areas also interfered with the general public
these areas.
6. In addition, these permanent, large-scale camp sites were used as a dump site for
large items by members of the public who were not residents of the camp sites.
7. The Martin v. City of Boise decision does not prevent local governments from
limiting and regulating sitting, lying, and sleeping in public, including prohibiting sitting,
lying, or sleeping in public at particular times or in particular locations and prohibiting the
construction of campsites and accumulation of possessions on public property.
8. Unauthorized overnight camping has increased in the City and the adverse
impacts from such activity continue to be a significant public health and environmental
problem in the City.
9. By adopting these amendme
can address the significant public health and safety impacts of unauthorized overnight
camping by clarifying the application of camping restrictions in the City, regulating
camping when the unavailability of shelter space prevents enforcement of camping
prohibitions, setting time and place limitations on camping and prohibiting the
establishment of permanent, large-scale camp sites, and keeping public property
accessible and useful to the general public for the purposes for which it was acquired
and is maintained.
SECTION THREE.
1. CEQA COMPLIANCE.
26
-6-
The adoption of this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2)
and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or
reasonably foreseeable indirect physical change in the environment and because there
is no possibility that it may have a significant effect on the environment.
2. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, is for any reason held to be
invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this Ordinance, or its application to any other person
or circumstance. The City Council of the City of Ukiah hereby declares that it would
have adopted each section, subsection, subdivision, paragraph, sentence, clause or
phrase hereof, irrespective of the fact that any one or more other sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or
unenforceable.
Introduced and Adopted on ___________, 2019, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________
Maureen Mulheren, Mayor
ATTEST:
__________________
Kristine Lawler, City Clerk
27
-7-
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Attachment #1
4
5
Attachment #2
Law Offices Of
SBQQPSU!BOE!NBSTUPO
Sole Practitioners
405 W. Perkins Street
Ukiah, California 95482
e-mail: drapport@pacbell.net
David J. Rapport, Ukiah City Attorney (707) 462-6846
FAX 462-4235
August 7, 2019
Duncan James
Law Offices of Duncan James
P.O. Box 1381
445 North State Street
Ukiah, CA 95482
.
SENT BY EMAIL (mendolaw@duncanjames.com) AND REGULAR U.S. MAIL
Re: Connection fee calculations pursuant to Section E.2 of the Operating Agreement
Dear Mr. James:
Your July 7, 2019, letter to City Manager Sage Sangiacomo has been referred to me for a
initial assessment of building permit applications for sewer service for properties located in the
Under the Operating Agreement between the City and the District, the described takeover would
constitute a breach of Section E.2 as set forth in the last paragraph, starting on p. 25 and
continuing on p. 26. Under that Section the City performs these calculations. A change in the
procedure would require that the parties agree to amend those provisions of the agreement.
There are a number of provisions in the agreement that the City would like to amend. It does not
want to negotiate a change sought by the District without discussing changes sought by the City.
In addition, the City has concerns about how a District takeover of these calculations will work
and will need to address those concerns before agreeing to amend this provision of the OA.
I have discussed negotiating changes to the OA with the City Council. It favors some effort at the
staff level to identify provisions that either party wants to discuss changing and the substance of
those changes followed by one or more joint meetings between the District Board and the City
Council to attempt agreement on the changes.
6
Mfuufs!up!Evodbo!Kbnft!!Qbhf!3!
Tvckfdu;!Dpoofdujpo!gff!dbmdvmbujpot!
Ebuf;!!Bvhvtu!8-!312:!
Please discuss this proposal with the District Board and notify the City know how it would like
to proceed.
Very truly yours,
David J. Rapport, City Attorney
7
Attachment #3
8
Attachment #4
\[City Letterhead\]
Date
Dave Redding, District Manager
UKIAH VALLEY SANITATION DISTRICT
151 Laws Avenue
Ukiah, California95482
Re: District notice under Section II.B.1 of the Operating Agreement to assume billing and
collection functions for District ratepayer accounts
Dear Mr. Redding:
notice
under Section II.B.2 of the Operating Agreement and its request under Section II.B.1 for District
customer account information ).
Initially, I have a concern about the effect of the notice under Section II.B.2. You indicate that
pursuant to Section II.B.2 of the Operating Agreement, the District is giving the City notice of
s election to discontinue, twelve (12) months from the date of this notice, the billing
1
and collection services provided to it by the City. Section II.Tvckfdu!up!tfdujpo!
JJ/E/3/e., on not less than twelve (12) months written notice to CITY, or such other period of
notice as agreed upon by the Parties, DISTRICT may, in its sole discretion, elect to discontinue
all of the billing and collection services provided to DISTRICT by CITY.
Under Section II.D.2.d(2) in the absence of a Refinancing of the 2006 WWTP Revenue Bonds,
the District and the City must undertake a procedure to obtain various approvals or
determinations from ABAG, the Bond Trustee and the bond insurer for
proposed amendments to the Financing Agreement between the City and the District, and a
determination from rating agencies rating the bonds that the amendments to the Financing
Agreement and the District performing its own billing and collections will not result in a
downgrading of the bond rating.The time required to receive or obtain those approvals and
determinations is uncertain and it is uncertain whether the approvals will be given or obtained.
Њ
As a minor point, if the notice is mailed, under Section H.10 of the Operating Agreement, the notice is deemed
given 48 hours after it is deposited in the mail. The City does not know when the notice was deposited in the mail,
so the 12 months may not run until July 13, 14 or 16.
9
sufficient time to plan for and make adjustments required by the transfer of this function from the
City to the District.
The City has serious concerns over the s decision to provide the one-year notice before it
has fully investigated the details involved in assuming this billing and collection function. The
City also seeks assurance that the District has fully considered all facets of billing and
collections, including, but not limited to, the impact on the timely collection of sewer fees when
the City can no longer terminate electric or water service for non-payment of sewer fees for
District ratepayers in the Overlap Area; the potentially added cost to the District of collecting
delinquent fees, and the customer service demands associated with billing and collections. The
costs associated with billings and collections involve much more than simply sending bills and
depositing payments.
Since the City remains liable for the full repayment of the 2006 Sewer Bonds, it has a vital
interest in the
Given thwhether the
approvals can be obtained, both the City and the District face the prospect of expending
considerable effort and funds to plan for and execute the transfer of the billing and collection
function without knowing whether the transfer will occur. The City is prepared to comply with
within the required 60 days from the date the notice was mailed.
The City proposes to delay the meet and confer process under Section II.B.4 which must be
requested within 30 days of giving the Notice. Until the District has developed a proposal for
assuming the billing and collection function, it is difficult to identify the issues that would be
discussed through that process.
The City also proposes that as soon as the District has determined whether and how it will
assume the billing and collection functions, it begin the process of obtaining the required
approvals and that the City not be required to plan for budgeting and staffing changes until those
approvals are obtained. As just one example, the City currently bills City residents in the overlap
area using a consolidated bill with City furnished utilities. It could be needlessly disruptive to
require notice to these customers that they will be receiving a separate bill from the District for
sewer serviceand will have to pay that bill to the District rather than making one payment to the
City for all utility services, including sewer, if that change does not happen, because the District
could not obtain the required approvals.
Once we know whether and how long it will take to obtain the required approvals, we can
develop a realistic schedule for completing the transfer of the billing and collection function to
the District.
:
Please let me know at your earliest convenience if the District agrees to these time extension
requests. Unless we receive your agreement by August 12, we will be required to request to meet
and confer under Section II.B.4 of the Operating Agreement to preserve that option.
Very truly yours,
Sage Sangiacomo, City Manager
.
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BUUBDINFOU2
July 17, 2019
City of Ukiah
C/O Trevor Mael
Dear Trevor:
I am pleased to present the terms and conditions of our proposal to lease equipment to The City of Ukiah. This
letter is not an approval to enter into a lease, nor should it be construed as an offer or commitment to perform
any undertaking.
An approval of this proposal may be considered after full review by the appropriate officers of Financial Pacific
Leasing, Inc. and Umpqua Bank. Final approval may contain additional or modified terms.
ecurity Deposit, by August 15, 2019. By accepting our proposal, you agree that
Umpqua Bank Equipment Leasing & Finance shall not be held liable for any action or inaction stemming from
this letter.
Thank you for this opportunity to respond to your needs. We hope that our proposal is both timely and
competitive, and we look forward to working with you to successfully fund and close this transaction.
Sincerely,
Brian Hildebrandt
Vice President!
1333 N. California Blvd., Suite 370
Walnut Creek, CA 94596
Phone: (925) 949-2865
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VCFMG.MQNVOJ.21.21.29!!!!!!!!!!!!!!!!!!!Gjobodjbm!Qbdjgjd!Mfbtjoh-!Jod/-!epjoh!cvtjoftt!bt!Vnqrvb!Cbol!Frvjqnfou!Mfbtjoh!'!Gjobodf-!jt!b!tvctjejbsz!pg!Vnqrvb!Cbol/!
Qspevdut!pggfsfe!cz!Gjobodjbm!Qbdjgjd!Mfbtjoh-!Jod/-!bsf!opu!GEJD!jotvsfe/
Ufsnt!boe!Dpoejujpot;!!
Mfttps;!Financial Pacific Leasing, Inc., d.b.a. Umpqua Bank Equipment Leasing &
Finance, a subsidiary of Umpqua Bank or !!
Mfttff)t*;!City of Ukiah
Frvjqnfou!Gjobodjoh!
Wfijdmf;!Municipal Lease-Purchase Agreement!
Frvjqnfou!'!Dptu;!Various vehicles & equipment
satisfactory to Lessor.
Mfbtf!Bnpvou;!Not to exceed!$3,000,000.00 in the aggregate. !
Mfbtf!Ufsn;!Ten (10) years
Qbznfout;!Twenty (20) payments, payable semi-annual in arrears
Mfbtf!Sbuf; 2.80%!
The lease rate specified above is based upon the like term (10 year)
semi-bond Swap Rate sourced from Chatham Financial Market Data
2.05% as of 7/16/2019. Should the Index increase prior to any lease schedule
documentation and commencement, the lease rates shall be adjusted to maintain
the economic returns anticipated by Lessor.
Uby!Cfofgjut;!The lease shall be considered a municipal lease/purchase and qualifies for tax-
exempt status. Lessee shall pay all fees, assessments, sales, use, property and
other taxes imposed, except those levied on the net income of Lessor by the
United States, the State of California, or other applicable jurisdiction.!
Dpnnfodfnfou!Ebuf;!It is contemplated that the Equipment will be installed and acceptable for Lease
Commencement on 8/1/2019 and/or on the first or fifteenth day of each month
thereafter.
Joufsjn!Sfou;!Interim rent will be payable from the funding date to the Lease
Commencement Date at a rate equal to the Lease Rate Factor
applied on a per diem basis to the amount funded.
Qsphsftt!Qbznfout;!Lessor will consider periodically disbursing funds to various Equipment vendors
under a progress payment agreement (PPA) between Lessor and Lessee. Any
funds outstanding under the PPA shall accrue interest from the date of funding to
the lease funding date at the 30 day LIBOR rate + 350bp. Such interest shall be
st
calculated 15 days prior to the 1 day of each month and shall be fixed for each
st
monthly period thereafter. Interest shall be payable on the 1 day of each month
after initial funding. No interest shall be capitalized into the Equipment cost.
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VCFMG.MQNVOJ.21.21.29!!!!!!!!!!!!!!!!!!Gjobodjbm!Qbdjgjd!Mfbtjoh-!Jod/-!epjoh!cvtjoftt!bt!Vnqrvb!Cbol!Frvjqnfou!Mfbtjoh!'!Gjobodf-!jt!b!tvctjejbsz!pg!Vnqrvb!Cbol/!
Qspevdut!pggfsfe!cz!Gjobodjbm!Qbdjgjd!Mfbtjoh-!Jod/-!bsf!opu!GEJD!jotvsfe/
Foe!pg!Mfbtf!Pqujpot; At the end of the initial lease term, Lessee will have the option to purchase all,
but not less than all, of the Equipment for $1.00.
Fyqjsbujpo!pg!Gbdjmjuz;!!Takedowns shall be allowed in amounts greater than $25,000.00.
All takedowns shall occur prior to June 30, 2020 and without extension, the
facility shall expire. Lessor shall have no obligation to lease any item of
Equipment after said date.
Ofu!Mfbtf;!All costs of operation, maintenance, taxes, insurance and other affiliated costs
will be paid by Lessee as this transaction has been structured as a net lease.
Jotvsbodf;!Lessee will provide evidence of all-risk physical damage and liability insurance
coverage in such amounts and with deductibles all as may be required by Lessor.
In addition, endorsements and assignments of such policies shall name Lessor
(and its assigns) as loss payee and/or additional insured, as may be required by
Lessor. All insurance coverage shall be from a carrier acceptable to Lessor.
Nbjoufobodf;!Lessee shall, at its sole cost and expense, maintain the Equipment in compliance
with all statutes, laws, ordinances, regulations, standards, and directives
(including environmental) by any governmental agency and the Equipment must
recommended maintenance procedures including preventive maintenance; and
such other maintenance and return conditions as the Lessor may require.
Epdvnfoubujpo;!All legal matters and all documentation!to be executed in connection with the
contemplated lease shall be satisfactory in form and substance to Lessor and
counsel to Lessor.!
Dptut!'!Fyqfotft;!Lessee shall be responsible for all fees, costs and disbursements incurred by
Lessor in connection therewith, including without limitation, all fees and
disbursements of counsel to Lessor (if any), appraisal costs (if any) and all filing
and search fees. A documentation fee of $500 per lease schedule/takedown will
be payable by Lessee.
Tfdvsjuz!Efqptju; A $00000 security deposit shall be payable to Lessor upon acceptance of this
proposal. This security deposit, less all costs and expenses incurred by the
refunded should Lessor not offer an approval for this transaction.
If an approval is extended by Lessor and accepted by Lessee, the security deposit
-
refundable if the transaction were not consummated. If the contemplated
transaction were consummated, the Approval Fee would be refunded pro-rata
(funded amount to the Amount approved) less any costs and expenses incurred
by Lessor in connection with this transaction.
Beejujpobm!Ufsnt
'!Dpoejujpot;!!!!!!!!!
1) Any non-appropriation clause in the lease shall be satisfactory to Lessor.
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VCFMG.MQNVOJ.21.21.29!!!!!!!!!!!!!!!!!!Gjobodjbm!Qbdjgjd!Mfbtjoh-!Jod/-!epjoh!cvtjoftt!bt!Vnqrvb!Cbol!Frvjqnfou!Mfbtjoh!'!Gjobodf-!jt!b!tvctjejbsz!pg!Vnqrvb!Cbol/!
Qspevdut!pggfsfe!cz!Gjobodjbm!Qbdjgjd!Mfbtjoh-!Jod/-!bsf!opu!GEJD!jotvsfe/
2) Anticipated borrowing for 2019 will not exceed $10,000,000, making
the
3) Lessee is a state or political subdivision thereof, within the meaning of
Section 103 of the Internal Revenue Code of 1983.
lease qualifies for tax-exempt financing under IRS guidelines and the
Opinion must reference #2 and #3 above.
!
Dpogjefoujbmjuz; Except as required by law, neither the proposal nor its Terms and Conditions
will be disclosed publicly or privately except to those individuals who are your
officers, employees or advisors who have a need to know as a result of being
involved in the proposed financing. The foregoing confidentiality provisions
shall not apply to the disclosure of the federal income tax structure or treatment
of the proposed financing.!
Bvuipsj{bujpo;!Lessee \[and each Guarantor\] acknowledges and agrees that Lessor may furnish
all Lessee \[and Guarantor\] presented information, financials, analysis, and related
credit and review materials to its employees, counsel and agents as well as its
participants and assigns. Lessee \[and each Guarantor\] authorize Lessor to
contact Umpqua Bank, and all trade suppliers and other references of Lessee \[and
Guarantor\], and to order any and all credit checks and investigative reports, all as
Lessor deems necessary in connection with the evaluation of the transaction.
This proposal is for discussion purposes only, and is only a general, non-binding proposal on the part of
Lessor.
J0Xf!ibwf!sfwjfxfe!uif!bcpwf!Ufsnt!boe!Dpoejujpot!boe!sfrvftu!uif!Mfttps!up!qvstvf!voefsxsjujoh!
boe!bqqspwbm!pg!b!dpnnjunfou!gps!uif!eftdsjcfe!mfbtf!bhsffnfou/!!!
Bddfqufe!uijt!````!ebz!pg!``````````-!312:!
Djuz!pg!Vljbi!
Cz;!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!```````````````````````````````````````!
Qsjoufe!Obnf;!!```````````````````````````````````````!
Ujumf;!!!!```````````````````````````````````````
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(see
calendar from NCPA)
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