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HomeMy WebLinkAbout2019-08-07 Packet Civic Center Council Chamber 300 Seminary AvenueUkiah, CA 95482 2 MAYOR MULHEREN PRESIDING. The Pledge of Allegiance was led by Vice Mayor Crane. Introduction was received. Presentation was received. 3 (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. 4 City Clerk, Kristine Lawler, read the following title into the record: 5 (COU No. 1920-094) (2019-39) RECESS: 7:37 – 7:47 p.m. Upon further discussion, Vice Mayor Crane withdrew his motion. 6 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 7 Direction was given to staff. 8 2 3 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 4 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 5 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 6 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 7 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 8 80234INFLOW/INFILTRATION 9 : 21 22 23 24 25 26 27 28 29 2: 31 32 33 34 35 36 37 38 39 3: 41 42 43 44 45 46 47 48 49 4: 51 52 53 54 55 56 57 58 59 5: 61 62 63 64 65 66 67 68 69 6: 71 72 73 74 75 76 77 78 79 7: 81 82 83 84 85 86 87 88 89 8: 91 92 93 2 3 4 5 6 7 8 9 : 21 22 23 24 25 26 r ust be nominated by Vice Mayo rane) (mC 27 28 29 2: 2 3 4 5 6 7 8 9 : ) larger invoiced rate illed to the account) the higher rate of the two invoiced rates below and rounding (Using expenses would be b are (Note: only the actual 21 year determined each llable spaces is however, the actual number of bi (rounded). paces by non-long-term leases. (rounded). es calculated in Ordinance 1126, are not the number of spac – This is *Notedepending on the number of occupied s 22 23 24 illed to the account) expenses would be b are (Note: only the actual 25 year determined each llable spaces is however, the actual number of bi (rounded). paces by non-long-term leases. es calculated in Ordinance 1126, are not – This is the number of spac *Notedepending on the number of occupied s 26 2 3 4 2 3 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 7 2 3 4 5 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. 6 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 7 by Contractor, its employees, sub-contractors or agents, whether for cash or on credit, without 2 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. 8 3 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. 9 4 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 7 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 10 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 11 City of Ukiah: ______________________________ Attest: City Manager _________________________ City Clerk Approved As To Form: Contractor: By:___________________________ City Attorney Its:__________________________ 27 12 2 3 1 10 S U SH ETATTU SOS T ER E T B OCAE AW N Y L A V E N U E 1 10 S U EU NEVA HCRO HTRON O B E YTT TTS R IL L I R AM OS S N RT TEE N EVIRV D ANI PSE D T EE R TS E T 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 35 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. 37 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. 38 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. 39 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 41 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. 42 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 43 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 44 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. 45 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 46 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 47 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. 48 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 49 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. 4: 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 3 BUUBDINFOU2 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. 6 PAGE 3 OF 9 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 PAGE 8 OF 9 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. 22 PAGE 9 OF 9 2 3 4 5 6 7 8 9 : 21 22 23 2 3 4 5 6 2 3 4 LƷĻƒ ƚƷğƌ $1,153.00 $5,938.00 $3,036.00 $7,179.00 $7,841.00 $4,062.00 $7,411.00 $18,776.00 $43,824.00 $18,150.00 $36,095.00 $21,197.00 $174,662.00 ƓźƷ tƩźĭĻ $1,153.00 $5,938.00 $1,012.00 $7,179.00 $7,841.00 $4,062.00 $7,411.00 $18,776.00 $43,824.00 $18,150.00 $36,095.00 $21,197.00 Fort Bragg Electric 489 South Harrison StreetFort Bragg, CA 95437 Rose Engineering Excavation LƷĻƒ ƚƷğƌ $6,500.00 $2,500.00 $5,500.00 $1,650.00 $1,650.00 $24,000.00 $12,000.00 $54,400.00 $10,000.00 $16,000.00 $17,000.00 $11,000.00 $162,200.00 $550.00 ƓźƷ tƩźĭĻ $6,500.00 $2,500.00 $5,500.00 $1,650.00 $24,000.00 $12,000.00 $54,400.00 $10,000.00 $16,000.00 $17,000.00 $11,000.00 Ghilotti Construction Co.246 Ghilotti AvenueSanta Rosa, CA 95407 Coastal Mountain Electric Electrical LƷĻƒ ƚƷğƌ $5,500.00 $2,750.00 $3,300.00 $6,600.00 $3,300.00 $3,300.00 $5,000.00 $16,600.00 $13,300.00 $41,000.00 $27,000.00 $10,000.00 $137,650.00 ƓźƷ tƩźĭĻ $5,500.00 $2,750.00 $3,300.00 $6,600.00 $1,100.00 $3,300.00 $5,000.00 $16,600.00 $13,300.00 $41,000.00 $27,000.00 $10,000.00 Bartley Pump PM LLC 4000 S Moorland AveSanta Rosa, CA 95407 Pacific Coast Drilling Auger LSLSLSLS EAEAEAEAEAEAEAEA ƓźƷ ƚŅ aĻğƭǒƩĻ 111111131111 vǒğƓƷźƷǤ 2 2019-08-01 MOBILIZATION/DEMOBILIZATIONREMOVE EXISTING PUMP STATIONREMOVE EXISTING VALVE VAULT AND VALVE ASSEMBLYREMOVE EXISTING CONTROL CABINETINSTALL PUMP STATIONINSTALL (2) PUMPSINSTALL VALVE VAULT AND VALVE ASSEMBLYINSTALL LEVEL SENSORSINSTALL CONTROL CABINETINSTALL NEW POWER POLE AND METERINSTALL NEW 480V 3 PH. FROM METER TO CABINETTIE-IN TO EXISTING LƷĻƒ 5ĻƭĭƩźƦƷźƚƓ 123456789 101112 SPEC 19-13 EL DORADO LIFT STATION REPLACEMENT City of Ukiah Bid Opening:Base BidTotal Listed Subs LƷĻƒ ϔ BUUBDINFOU 5 BUUBDINFOU3 6 7 8 9 : 21 22 23 24 25 26 27 28 29 2: 31 2 3 BUUBDINFOU2 Purchase Order Gjtdbm!ZfbsQbhfpg 312:22 UIJT!OVNCFS!NVTU!BQQFBS!PO!BMM!JOWPJDFT- QBDLBHFT!BOE!TIJQQJOH!QBQFST/ C Qvsdibtf DJUZ!PG!VLJBI 56:62.11 J Psefs!$ BUUO;!BDDPVOUT!QBZBCMF M 411!TFNJOBSZ!BWFOVF M VLJBI-!DB!:6593 Efmjwfsz!nvtu!cf!nbef!xjuijo U eppst!pg!tqfdjgjfe!eftujobujpo/ P T W SFEXPPE!GPSEDJUZ!PG!VLJBI!.!DPSQPSBUJPO!ZE I 2281!T!TUBUF!TU2431!BJSQPSU!SPBE F J VLJBI!DB!:6593VLJBI!DB!:6593 O Q E P U S P Wfoeps!Qipof!OvncfsWfoeps!Gby!OvncfsCvzfsEbuf!PsefsfeEbuf!Sfrvjsfe Tfui!Tusbefs140360312:170280312: Efmjwfsz!SfgfsfodfTbmft!Uby!Sbuf Gsfjhiu!Nfuipe0UfsntEfqbsunfou0Mpdbujpo 1/111 EBWF!LJSDIO410GPC!VLJBIGJSF!EFQBSUNFOU Jufn$Eftdsjqujpo0Qbsu!Op/RuzVPNVoju!QsjdfFyufoefe!Qsjdf !!2OFX!3131!GPSE!FYQMPSFS!JOUFSDFQUPS!BT!QFS2/1FBDI%49-262/111%49-262/11 DJUZ!PG!VLJBI!FRVJQNFOU!TQFDJGJDBUJPO!$F48633 .!F5!WFSNJMMJPO!SFE!QBJOU !!3UJSF!'!GJMJOH!GFFT49/9EPMM%2/111%49/86 !!4UBY!A!9/986&4496/:EPMM%2/111%4-496/:1 SFG!SFR!F48633 BT!QFS!CJE!F48633!EBUFE!302402: DPVODJM!BQQSPWFE;!403102: 4 CzCz Qvsdibtjoh!Tvqfswjtps VENDOR COPYPO Total$41,575.65 2HFOFSBMMZ/UiftfUfsntboeDpoejujpotpg:/QBZNFOU/DjuzxjmmqbzTfmmfsbgufssfdfjwjoh Tbmf)”UfsntboeDpoejujpot•*bqqmzupbmmqvsdibtftczbddfqubcmfjowpjdftgpsnbufsjbmtboetvqqmjftefmjwfsfe DjuzpgVljbi/)Sfgfssfeupbt”Cvzfs•*/Uiftvqqmjfspgboebddfqufepstfswjdftsfoefsfeboebddfqufe/Djuzxjmm hppetboetfswjdftvoefsuijtusbotbdujpojtifsfjoopuqbzdbsubhf-tijqqjoh-qbdlbhjohpscpyjohfyqfotft sfgfssfeupbt”Tfmmfs•/Uifhppetpstfswjdfqvsdibtfevomftt!tqfdjgjfe!jo!uijt!psefs/ bsf!sfgfssfe!up!bt!uif!”Qvsdibtf/• 21/JOEFNOJGJDBUJPO/Tfmmfsbhsfftupjoefnojgz 3/UFSNTFYDMVTJWF/Cvzfsxjmmpsefsuifhppetboeipmeibsnmfttgspnboebhbjotubozdmbjn-bdujpo- 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ofhmjhfodf/JouiffwfouefmbzxbtdbvtfeczDjuz-qbznfougps-xpslqspevduqsfqbsfeczTfmmfsvoefsuijt Tfmmfs“ttpmfsfnfezjtmjnjufeupsfdpwfsjohnpofzbduvbmmzpsefsxjmmopucfdpotusvfeuppqfsbufbtbxbjwfspgboz boeofdfttbsjmzfyqfoefeczTfmmfscfdbvtfpguifefmbz<sjhiutDjuznbzibwfvoefsuijtBhsffnfoupspgbozdbvtf uifsf!jt!op!sjhiu!up!sfdpwfs!boujdjqbufe!qspgju/pgbdujpobsjtjohgspnTfmmfs“tqfsgpsnbodf/Bxbjwfscz Djuzpgbozcsfbdipgbozufsn-dpwfobou-psdpoejujpo 8/SFNFEJFTDVNVMBUJWF/Djuz“tsjhiutboedpoubjofejouijtpsefsxjmmopucfeffnfeupcfbxbjwfspg sfnfejftvoefsuijtpsefsbsfopufydmvtjwfboebsfjoboztvctfrvfoucsfbdipguiftbnfpsbozpuifsufsn- beejujpo!up!boz!sjhiut!boe!sfnfejft!qspwjefe!cz!mbx/dpwfobou-psdpoejujpodpoubjofejouijtpsefs-xifuifspg uif!tbnf!ps!ejggfsfou!dibsbdufs/ 9/UJUMF/Ujumfupnbufsjbmtboetvqqmjftqvsdibtfe voefsuijtpsefsqbttejsfdumzgspnTfmmfsupDjuzvqpo28/JOUFSQSFUBUJPO/UijtBhsffnfouxbtesbgufe Djuz“txsjuufobddfqubodfgpmmpxjohbobduvbmjotqfdujpojo-boexjmmcfdpotusvfejobddpsebodfxjuiuifmbxtpguif boe!Djuz“t!pqqpsuvojuz!up!sfkfdu/TubufpgDbmjgpsojb-boefydmvtjwfwfovfgpsbozbdujpo jowpmwjoh!uijt!bhsffnfou!xjmm!cf!jo!Nfoepdjop!Dpvouz/! 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 2 3 4 5 6 7 8 9 : 21 22 Attachment #3 23 24 Attachment #4 25 26 27 Attachment #5 28 29 2: 2 3 4 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. 1 5 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. 2 6 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 3 7 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). 4 8 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 5 9 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) 6 : 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. 7 21 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 8 22 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 9 23 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. 10 24 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 11 25 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 12 26 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 13 27 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. 14 28 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 15 29 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 16 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 17 31 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 18 32 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 19 33 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 20 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 21 35 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, 22 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. 23 37 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! 24 38 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. 45 7 Ukiah/Verizon Wireless Master Agreement 11318824_2 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 46 8 Ukiah/Verizon Wireless Master Agreement 11318824_2 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. 47 9 Ukiah/Verizon Wireless Master Agreement 11318824_2 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 48 10 Ukiah/Verizon Wireless Master Agreement 11318824_2 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 49 11 Ukiah/Verizon Wireless Master Agreement 11318824_2 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 4: 12 Ukiah/Verizon Wireless Master Agreement 11318824_2 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 51 13 Ukiah/Verizon Wireless Master Agreement 11318824_2 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 52 14 Ukiah/Verizon Wireless Master Agreement 11318824_2 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. 53 15 Ukiah/Verizon Wireless Master Agreement 11318824_2 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. 54 16 Ukiah/Verizon Wireless Master Agreement 11318824_2 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. 55 17 Ukiah/Verizon Wireless Master Agreement 11318824_2 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 56 18 Ukiah/Verizon Wireless Master Agreement 11318824_2 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. 57 19 Ukiah/Verizon Wireless Master Agreement 11318824_2 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 58 20 Ukiah/Verizon Wireless Master Agreement 11318824_2 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 3 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 LƷĻƒ ϔLƷĻƒ 5ĻƭĭƩźƦƷźƚƓvǒğƓƷźƷǤ ha ƓźƷ tƩźĭĻLƷĻƒ ƚƷğƌ ƓźƷ tƩźĭĻLƷĻƒ ƚƷğƌ ƓźƷ tƩźĭĻLƷĻƒ ƚƷğƌ 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&AMP; AT&AMP;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&AMP;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&AMP;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&AMP;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&AMP;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 4 5 BUUBDINFOU3 6 7 8 9 : 21 22 23 24 25 26 27 28 29 2: 31 32 33 34 35 2 3 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 -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 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: -3- 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- 2 3 4 LƷĻƒ ƚƷğƌ $6,659.10$4,932.40$6,896.40$2,070.00$1,200.00 $22,294.35 $44,052.25$44,052.25 Valid $13.59$22.42$24.63$86.25 $114.33 ƓźƷ tƩźĭĻ $1,200.00 Diamond D Construction, LLC 650 Blue Oak DrUkiah, CA 95482US Bid Status: LFLS SFSF FTFT ƓźƷ ƚŅ aĻğƭǒƩĻ * marks an allowance 1 24 195490220280 vǒğƓƷźƷǤ EXCAVATE, TRENCH, BACKFILL AND REMOVE AND REPLACE ASPHALT CONCRETE4&#8221; PVC SCH 40 CONDUIT INCLUDING 6&#8221; PVC SCH 40 CONDUIT INCLUDING SIDEWALK REMOVAL AND REPLACEMENT REMOVE, REPLACE LANDSCAPE AND LƷĻƒ 5ĻƭĭƩźƦƷźƚƓ 2019-07-17 LƷĻƒ /ƚķĻ City of Ukiah ORCHARD CIRCUIT REALIGNMENTOwner:Bid Opening:Bid Results - Orchard Circuit Realignment 123456 Bid List TotalTotal Bid AmountListed Subs LƷĻƒ ϔ 5 6 7 8 9 : 21 22 23 24 25 26 27 28 29 2: 31 32 33 34 35 36 37 2 3 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 . 21 2 3 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 ! ! ! ! ! ! ! ! ! 4 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. 5 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. 6 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;!!!!``````````````````````````````````````` 7 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/ 8 9 : 21 22 23 24 25 2 3 (see calendar from NCPA) 4 5