City Council:
Patricia Farrar-Rivas, Mayor
Ron Wellander, Vice Mayor
Jack Ding
Sandra Lowe
John Gurney
REGULAR MEETING AGENDA
OF THE SONOMA CITY COUNCIL
City Council Chambers, 177 First Street West
Wednesday, November 5, 2025
https://us06web.zoom.us/j/84876986131
6:00 PM Regular Meeting
ACCESSING PUBLIC MEETINGS
As a public service to the community, City Council meetings are held in-person, and viewable through a live webcast on the City’s CivicWeb Portal at https://sonomacity.civicweb.net/Portal/Video.aspx, City of Sonoma YouTube channel at https://www.youtube.com/channel/UChZjUrg2rNLYxTgQHhFy-Tg, and televised on Comcast Cable Channel 27. Members of the public can also view the meeting via ZOOM, at https://us06web.zoom.us/j/84876986131.
If a technical issue arises with Zoom video or the listening phone dial-in option, the City Council meeting will continue unless a Council Member is participating remotely pursuant to the provisions of Assembly Bill 2449.
Members of the public who wish to address the Council by providing public comments during the meeting may do so in-person in the Council Chambers at 177 First Street West, where the meeting is being publicly held. As an alternative, members of the public may also provide written public comment submitted via the City’s online Public Comment form at https://sonomacity.civicweb.net/Portal/CitizenEngagement.aspx or by email to:
[email protected]
PROCESS FOR COMMENTS FROM THE PUBLIC: There will be two opportunities for members of the public to address items not appearing on the agenda. The early public comment period, Agenda Item 1, will be limited to ten speakers. Each speaker will be allowed up to two minutes. Speakers who do not have an opportunity to speak during the first public comment section will be allowed to make their comments during the later public comment period, Agenda Item 10, provided there were more than 10 people in the first public comment section.
When the Mayor announces these agenda items, please form a line to speak.
In the event a Council Member participates remotely for just cause or an emergency circumstance under Assembly Bill 2449, the City will allow for public comment through the Zoom link.
In accordance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (707) 933-2216. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Be Courteous - TURN OFF your cell phones and watches while the meeting is in session.
The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the items are described.
No new items will begin after 9:00pm unless a majority of the members present vote to allow the items to be heard.
Page
REGULAR MEETING
CONVENE, CALL TO ORDER & PLEDGE OF ALLEGIANCE
ROLL CALL (Ding, Lowe, Gurney, Wellander, Farrar-Rivas)
REPORT ON CLOSED SESSION
APPROVAL OF THE AGENDA
1. COMMENTS FROM THE PUBLIC
At this time members of the public may address the Council on matters not listed on this agenda, but which are within the subject matter jurisdiction of the Council. This public comment period will be limited to ten speakers. Each speaker will be allowed up to two minutes. Speakers who do not have an opportunity to speak during the first public comment section will be allowed to make their comments during the later public comment period, Agenda Item 10, provided there were more than 10 people in the first public comment section. When the Mayor announces these agenda items, please form a line to speak.
Under State Law, unless otherwise permitted under the Ralph M. Brown Act, the merits of the matters presented under this item cannot be discussed or acted upon by the City Council at this time. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. Please begin by stating your name.
2. MEETING DEDICATIONS
3. COUNCILMEMBERS’ REPORTS AND COMMENTS
Committee Reports - Council Members are appointed to various boards and committees - local, county-wide and regional. Any updates from a council member will be shared at this time. A list of all appointments is available on our CivicWeb Portal for easy reference.
Council Members may also make appointments to city commissions at this time.
4. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
5. CITY ATTORNEY COMMENTS
6. PRESENTATIONS
6.1: Proclamation Designating November 2025 as Native American Heritage Month in the City of Sonoma
7. CONSENT CALENDAR – CITY COUNCIL
All items listed on the Consent Calendar are considered to be routine and will be acted upon by a single motion. There will be no separate discussion of these items unless members of the Council or staff request specific items to be removed for separate action.
7.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided)
7.2: Receive Minutes from the Regular Meeting of October 15, 2025 (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Receive the Minutes.
10.15.2025 Regular Meeting Minutes
5 - 6
7.3: Adopt a Resolution Amending the City of Sonoma Conflict-of-Interest Code (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Adopt the resolution.
Agenda Report - Conflict of Interest Code - Pdf
7 - 12
7.4: Adopt An Ordinance Amending Sonoma Municipal Code Sections
19.54.080(D) Development Exempt from Design Review and 19.40.110(D) Projections into the Public Right-Of-Way, and Finding the Ordinance Exempt from the California Environmental Act (CEQA) (Jennifer Gates, Community Development Director)
RECOMMENDATION: Adopt the ordinance.
Agenda Report - Amendments to Design Review - Pdf
13 - 20
7.5: Adopt a Resolution Authorizing the City Manager to Execute Professional Services Agreements with GHD, Inc. not to Exceed $600,000.00, and Moe Engineering Not to Exceed $750,000.00 for On-Call Engineering Services (Ashley Cotter, PW Admin & Project Manager)
RECOMMENDATION: Adopt the resolution.
Agenda Report - Engineering Contract Award - Pdf
21 - 93
7.6: Adopt a Resolution Authorizing the City Manager to Execute a Construction Contract with Granite Construction Inc. for $45,450, Approve $4,500 (10%) in Contingency, and Approve a Project Budget of $63,950 for Repairs to the Lovall Valley Bridge Waterline (Mike Berger, Public Works Director) RECOMMENDATION: Adopt the resolution.
Agenda Report - Lovall Valley Bridge Waterline Repair - Pdf 94 - 161
8. PUBLIC HEARING
9. REGULAR CALENDAR – CITY COUNCIL
(Matters requiring discussion and/or action by the City Council)
9.1: Study Session to Discuss Legal and Procedural Requirements for Mobilehome Park Closures and Conversions Under the City of Sonoma Existing Municipal Code and Recent Legislative Changes Under AB 2782 and SB 610 (Jennifer Gates, Community Development Director)
RECOMMENDATION: Discuss, ask questions, and request additional information for future meeting on December 5, 2025.
Agenda Report - Mobilehome AB 2782 Study Session - Pdf
162 - 229
10. SECOND PUBLIC COMMENT (ONLY REQUIRED IF EARLIER PUBLIC SPEAKERS
REMAIN)
At this time members of the public who did not have the opportunity to speak during the early comment period may address the Council on matters not listed on this agenda, but which are within the subject matter jurisdiction of the Council. Each speaker will be allowed up to two minutes. Please form a line to speak.
Under State Law, unless otherwise permitted under the Ralph M. Brown Act, the merits of the matters presented under this item cannot be discussed or acted upon by the City Council at this time. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. Please begin by stating your name.
11. ADJOURNMENT
I do hereby certify that a copy of the foregoing agenda was posted as legally required. Rebekah Barr, MMC, City Clerk.
*********************************************************************************************************************************** Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are usually available for public inspection the Wednesday before each regularly scheduled meeting at City Hall, located at No. 1 The Plaza, Sonoma CA. Any documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at the City Clerk’s office, No. 1 The Plaza, Sonoma CA during regular
business hours. If you challenge the action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on the agenda or in written correspondence delivered to the City Clerk at or prior to the public hearing.
In accordance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (707) 933-2216. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Appointments to Commission/Committees: The Council may establish and make appointments to a Council committee (made up of two Council Members) with respect to any item appearing on this agenda.
Closed Session: If action is taken during a Closed Session meeting that is required to be reported out at this meeting, the Council will return to Open Session and report out immediately. However, if the Council is unable to do so due to time constraints, it will report out at the immediately following Regular Council Meeting under "REPORT ON CLOSED SESSION".
Motion for Consideration: A Council Member voting with the majority on any item appearing on this agenda may move for reconsideration of that vote provided the motion is in conformance with the rules adopted by the Council governing such motions.
City Council:
Patricia Farrar-Rivas, Mayor
Ron Wellander, Vice Mayor
Sandra Lowe
John Gurney
Jack Ding
REGULAR MEETING MINUTES
OF THE SONOMA CITY COUNCIL
City Council Chambers
177 First Street West
Wednesday, October 15, 2025
6:00 PM Regular Meeting
Regular Meeting Minutes, October 15, 2025
REGULAR MEETING
CONVENE, CALL TO ORDER, & PLEDGE OF ALLEGIANCE
Vice Mayor Wellander called the meeting to order at 6:00 p.m.
ROLL CALL:
PRESENT: Vice Mayor Wellander, Council Member Lowe, Council Member Gurney, and Council Member Ding
ABSENT: Mayor Farrar-Rivas
REPORT ON CLOSED SESSION
There was no Closed Session held.
APPROVAL OF AGENDA
Motion by Council Member Lowe, seconded by Council Member Ding, to approve the agenda as presented. Motion carried 4-0-1-0 by voice vote, with Council Member Gurney, Council Member Ding, Council Member Lowe, and Vice Mayor Wellander voting YES, and Mayor Farrar-Rivas absent.
1. COMMENTS FROM THE PUBLIC
Janet Boyle, Lynn Marie de Vincent, Carrie Gurster, and Trey Dunia provided public comments.
2. MEETING DEDICATIONS
Vice Mayor Wellander dedicated the meeting to Sam Sebastiani.
3. COUNCILMEMBERS’ REPORTS AND COMMENTS
Council Member Lowe attended a Sonoma County Transportation and Climate Authority (SCTCA) meeting on October 6, 2025.
Vice Mayor Wellander attended the annual League of California Cities (LOCC) Conference in Long Beach last week, along with three other council members.
4. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
City Manager Guhin shared the following updates:
1. Sonoma County has lifted the burn permit suspension, as fire season has ended.
2. The annual “Great Shake Out” earthquake drill is tomorrow, October 16, 2025, at 10:16 AM.
3. The draft Multi-jurisdictional Hazard Mitigation Plan Update is now available for public review.
A community meeting for input is set for November 6, 2025, at 5:30 PM at Fire Station 1.
4. The Tree Canopy Inventory report is complete, identifying 5,075 trees.
5. The next Artist Reception featuring Margaret Hatcher will be on October 23, 2025, from 4 – 6 PM at the City Council Chambers in partnership with the Sonoma Community Center.
6. Nominations for the 2026 Treasure Artist Award are open until October 31, 2025, at 5:00 PM.
7. The Priority Conservation Areas adopted in June were approved in October 2025: Sonoma Creek, Regional Trail, Fryer Creek, and Nathanson Creek.
8. A one-day slurry seal project starts tomorrow, October 16, 2025; major paving on West Spain Street begins the week of October 27, 2025.
9. The La Luz Center’s Dia De Los Muertos movie night is on October 24, 2025, from 5:30 – 9:30 PM at the Barracks.
5. CITY ATTORNEY COMMENTS
City Attorney Ruderman provided updates from the League of California Cities Legal Advocacy Executive Committee meeting he attended at the annual conference.
6. PRESENTATIONS
Item 6.1: Proclamation Recognizing the 100th Anniversary of the Santa Rosa Chapter of the Daughters of the American Revolution
7. CONSENT CALENDAR – CITY COUNCIL
Motion by Council Member Lowe, seconded by Council Member Gurney, to approve the consent calendar as presented. Motion carried 4-0-1-0, with Council Member Gurney, Council Member Ding, Council Member Lowe, and Vice Mayor Wellander voting YES, and Mayor Farrar-Rivas absent.
Agenda Item #7.2:
Regular Meeting Minutes, October 15, 2025
Item 7.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided) Item 7.2: Receive Minutes from the Regular Meetings of September 17, 2025, and September 29, 2025 (Rebekah Barr, MMC, City Clerk)
Action: Minutes were received.
Item 7.3: Accept the Expenditure Report for the Month of September 2025 (Prapti Aryal, Finance Director)
Action: The expenditure report was accepted.
Item 7.4: Adopt a Resolution Authorizing a Budget Adjustment to Move Funds from Public Works Repair and Maintenance Budgets to Vehicle Replacement Fund for the Purchase of a Flail Mower Attachment (Ashley Cotter, Public Works Administrative & Project Manager) Action: Adopted as Resolution 59-2025.
Item 7.5: Adopt a Resolution Approving an Adjusted Salary Range to be Commensurate for the Community Development Director Job Classification (Jenny Yankovich, Assistant to the City Manager)
Action: Adopted as Resolution 60-2025.
8. PUBLIC HEARING
Item 7.6: An Ordinance Amending Sonoma Municipal Code Sections 19.54.080(D) Development Exempt from Design Review and 19.40.110(D) Projections into the Public Right-Of-Way, and Finding the Ordinance Exempt from the California Environmental Quality Act (CEQA) (Diane Levine, Associate Planner)
Action: The ordinance was introduced.
Public Hearing Open: 6:33 p.m.
Public Comments: None.
Public Hearing Closed: 6:33 p.m.
Motion by Council Member Lowe, seconded by Council Member Gurney, to introduce an Ordinance Amending Sonoma Municipal Code Sections 19.54.080(D) Development Exempt from Design Review and 19.40.110(D) Projections into the Public Right-Of-Way, and Finding the Ordinance Exempt from the California Environmental Quality Act (CEQA). Motion carried 4-0-1-0, with Council Member Gurney, Council Member Ding, Council Member Lowe, and Vice Mayor Wellander voting YES, and Mayor Farrar-Rivas absent.
9. REGULAR CALENDAR – CITY COUNCIL
Item 9.1: Provide Direction to The City's Representative to the Water Advisory Committee to Vote in Support of the Statement of Interest Related to the Proposed New EelRussian Facility and the Associated Water Diversion Agreement Undertaken by the Eel Russian Project Authority (Ashley Cotter, Public Works Administrative & Project Manager)
Action: Direction was provided to the City’s representative to the Water Advisory Committee (WAC) to vote in support of the State of Interest.
Public Comment: Jullian McKay
Motion by Council Member Gurney, seconded by Council Member Ding, to Provide Direction to the City’s Representative to the Water Advisory Committee to Vote in Support of the Statement of Interest Related to the Proposed New Eel-Russian Facility and the Associated Water Diversion Agreement Undertaken by the Eel Russian Project Authority. Motion carried 4-0-1-0, with Council Member Gurney, Council Member Ding, Council Member Lowe, and Vice Mayor Wellander voting YES, and Mayor Farrar-Rivas absent.
10. SECOND PUBLIC COMMENT (ONLY REQUIRED IF PUBLIC SPEAKERS REMAIN FROM ITEM 2.0) None.
11. ADJOURNMENT
Mayor Farrar-Rivas adjourned the meeting at 7:04 p.m.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly received at a regular meeting of the Sonoma City Council on the 5th of November 2025.
____________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.2:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 05 Nov 2025
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Adopt a Resolution Amending the City of Sonoma Conflict of Interest Code Summary
The Political Reform Act of 1974 requires local government agencies to review their Conflict of Interest Codes biennially. A local agency’s conflict of interest code must reflect the current structure of the organization and properly identify officials and employees who should be filing Statements of Economic Interests (Form 700s). A code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Form 700s. It helps provide transparency in local government as required under the Political Reform Act.
Any newly created positions, whose duties would require them to disclose their economic interests under the Political Reform Act, must be identified and disclosed on an Agency Report of New Position Form 804, and then included in the Conflict of Interest Code during the biennial review. Two positions were added and disclosed per the FPPC regulations since the last biennial review - Community Development Director and Parks & Recreation Director.
Due to recent legislation and the change in name and scope of the Design Review & Historic Preservation Commission, additional changes are required.
1. Government Code 87200 - Public Officials who Manage Public Investments (SB 852 Implementation) - Effective January 1, 2026, the recently enacted SB 852 added public officials who manage public investments to the list of individuals for whom the Commission is the filing officer for statements of economic interest. Effective January 1, 2026, those public officials must file their statements of economic interest using the Commission’s electronic filing system. In compliance with that legislation, the Finance Director has been removed from the Conflict of interest Code and included with the other Government Code Section 87200 filers in the second footnote. Language was also added to include other public officials and consultants who may manage those investments as well.
2. Design Review & Historic Preservation Commission - With the changes in name and scope for the DRHPC, the Conflict of Interest Code has been updated to reflect the new name, Historic Preservation Commission.
The Conflict of Interest Code has been updated to reflect all of the above changes (Exhibit “A”).
By adopting the resolution, the City Council will be completing the required update to the City's Conflict of Interest Code.
Recommended Council Action
Adopt the resolution.
Agenda Item #7.3:
Alternative Actions
Council discretion.
Financial Impact
None
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Redline Resolution - Conflict of Interest Code 2025
Agenda Item #7.3:
City of Sonoma
RESOLUTION # _____ - 2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA ADOPTING
A CONFLICT OF INTEREST CODE AND RESCINDING PREVIOUS RESOLUTIONS WHEREAS, the Political Reform Act of 1974 (Government Code Section 81000, et. seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes; and
WHEREAS, the Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) which contains the terms of a standard conflict of interest code, and which may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments to the Political Reform Act; and WHEREAS, designated officials and employees shall file their statements of economic interests with the City Clerk of the City of Sonoma, and such statements shall be open for public inspection and reproduction pursuant to Government Code section 81008. Statements for all designated officials and employees will be retained by the City of Sonoma; and WHEREAS, City Council Members, Planning Commissioners, City Manager, City Attorney, City Treasurer, are required to file statements of economic interests pursuant to Government Code Section 87200 and 87500, and are therefore not included in the list of Designated Positions required to file pursuant to the City's conflict of interest code; and WHEREAS, effective January 1, 2026, the recently enacted SB 852 added public officials who manage public investments to the list of individuals for whom the Commission is the filing officer for statements of economic interest. Effective January 1, 2026, those public officials must file their statements of economic interest using the Commission’s electronic filing system. In compliance with that legislation, the Finance Director has been removed from the Conflict-ofInterest Code and included with the other Government Code Section 87200 filers.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Sonoma as follows:
SECTION 1. Incorporation of State Regulations by Reference With the additions noted below, the terms of Title 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission is hereby incorporated by reference and together with the List of Designated Positions and Disclosure Categories, as adopted by the City Council, shall constitute the Conflict-of-Interest Code of the City of Sonoma.
SECTION 2. Designated Positions with Reporting Requirements Members of boards and commissions appointed by the City Council, consultants, and city employees holding designated positions as shown on Exhibit A shall be considered designated positions subject to reporting requirements under the Conflict-of-Interest Code and shall disclose financial interests as set forth on Exhibit B which lists the individual disclosure categories. Said Exhibit A and Exhibit B are attached hereto and made a part hereof.
SECTION 3. Filing of Statements
Agenda Item #7.3:
Persons holding designated positions shall file Statements of Economic Interests with the City of Sonoma via the City’s electronic filing portal, in conformance with the individual disclosure categories and State guidelines.
SECTION 4. Late Filings and Failure to File Statements
Any violation of any provision of this Code is subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000 et seq.
BE IT FURTHER RESOLVED, all previous resolutions adopting and/or amending the City of Sonoma Conflict of Interest Code are hereby rescinded in their entirety.
PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 5th day of November 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Patricia Farrar-Rivas, Mayor
ATTEST:
_______________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.3:
EXHIBIT “A”
LIST OF DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES
***see note below
POSITION DISCLOSURE CATEGORY
Accountant A
Accounting Manager A
Administrative & Project Manager (Public Works) A
Assistant City Manager/Admin Services Director A
Assistant to City Manager A
Associate Planner C
Cemeteries Manager A
Chief Building Official A
Chief of Police A
City Clerk A
City Prosecutor A
Community Development Director A
Contractual Consultants** A
Assistant City Attorney A
Deputy City Manager A
Deputy Finance Director A
Development Services Director/Building Official A
Finance Director A
Fire Chief A
Parks & Recreation Director A
Planning & Community Services Director A
Public Works Director/City Engineer A
Public Works Operations Manager A
Senior Management Analyst A
Senior Planner C
Successor Agency Attorney A
Sustainability Coordinator A
COMMITTEES/COMMISSIONS DISCLOSURE CATEGORY
Climate Action Commission C
Historic Preservation Commission C
Sonoma Community Housing Corp. Board of
Directors
C
Design Review Commission C
Parks, Recreation, and Open Space Commission C
* Contractual Consultant means an individual who, pursuant to a contract with the City, makes or participates in making governmental decisions. The City Manager may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
** City Council Members, Planning Commissioners, City Manager, City Attorney, City Treasurer, Finance Director, and public officials or consultants who manage public investments are required to file statements of economic interests pursuant to Government Code Section 87200 and 87500, and are therefore, not included in the list of Designated Positions required to file pursuant to the City's conflict of interest code.
Agenda Item #7.3:
EXHIBIT “B”
DISCLOSURE CATEGORIES
CATEGORY REPORTABLE INTERESTS
A Investments, business positions, income (including gifts, loans and travel payments) from sources located in or doing
business in the City, interests in real property located in the City, including property located within a two-mile radius of any property owned or used by the City.
B Investments, business positions, and sources of income (including gifts, loans and travel payments) from or in any business entity that engages in the type of services, supplies, materials, machinery, or equipment that is purchased or acquired by the employee’s department. If the employee is involved in purchasing decisions that affect more than one department, then the employee shall disclose all income (including gifts, loans and travel payments) and investment interests and business positions in any business that engages in the type of services, supplies, materials, machinery or equipment that the City might reasonably be expected to purchase or acquire.
C Investments in real property or interests in business positions in any business entity which owns property within the City or within a two-mile radius of any property owned or used by the City.
Agenda Item #7.3:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 05 Nov 2025
Department
Community Development
Department
Staff Contact
Jennifer Gates, AICP
Community Development Director
Agenda Item Title
Adopt An Ordinance Amending Sonoma Municipal Code Sections 19.54.080(D) Development Exempt from Design Review and 19.40.110(D) Projections into the Public Right-Of-Way, and Finding the Ordinance Exempt from the California Environmental Act (CEQA) Summary
In July 2025, staff brought forward a discussion on how awnings are reviewed during the design review process and potential beneficial amendments on how they are regulated. The Planning Commission then directed staff to return with proposed changes for discussion and consideration. On August 19, 2025, staff presented the proposed changes along with cleanup items (non-substantive). At that meeting, staff were directed to reduce subjectivity and provide visual examples that demonstrate the proposed amendments.
On September 18, 2025, Staff presented the requested changes (See Exhibit A, attached) to the Planning Commission including removal of subjective language in SMC Section
19.54.080(D), Development Exempt from Design Review, and amended SMC Section
19.40.110(D), Projections into the Public Right-of-Way regarding the height and placement of awnings, marquees, and canopies. The Planning Commission recommended the City Council adopt the Ordinance for the proposed amendments with a minor correction of architectural language used to describe the placement of awnings above windows. On October 15, 2025, the City Council held a public hearing and introduced the ordinance as recommended.
Environmental Review:
City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment.
Recommended Council Action
Adopt the Ordinance amending Sonoma Municipal Code Sections 19.54.080(D), Development Exempt from Design Review and 19.40.110(D), Projections into the Public Right-Of-Way and find the amendments exempt from the California Environmental Act (CEQA).
Alternative Actions
At council discretion.
Financial Impact
There are no financial implications to this action.
Agenda Item #7.4:
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Draft Ordinance Design Review Update
Exhibit A
Agenda Item #7.4:
City of Sonoma
ORDINANCE #_____ - 2025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING SONOMA MUNICIPAL CODE SECTION 19.54.080(D) DEVELOPMENT EXEMPT FROM DESIGN REVIEW AND SECTION 19.40.110(D) PROJECTIONS INTO THE
PUBLIC RIGHT-OF-WAY
WHEREAS, the City of Sonoma desires to amend the Sonoma development code to streamline the design review process; and
WHEREAS, adoption of this Ordinance is consistent with the goals, policies, and actions of Sonoma General Plan, would not be detrimental to the public interest, health, safety, convenience, or welfare of the city, and is internally consistent with other applicable provisions of the City’s development code for the reasons expressed in this Ordinance, the accompanying staff reports, and other substantial evidence presented; and WHEREAS, the proposed Ordinance was reviewed by the Planning Commission at a duly noticed public hearing on September 18, 2025 and recommended City Council approval with one modification; and
WHEREAS, the proposed Ordinance was introduced by the Sonoma City Council on October 15, 2025.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. MUNICIPAL CODE AMENDMENTS
The Sonoma Municipal Code is hereby amended as shown in Exhibit A that clarifies responsibilities of the review authorities and Exhibit B that modifies the design review process, attached hereto and incorporated herein by this reference.
SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENTS
Pursuant to Section 19.86.070(B) of the Sonoma Municipal Code, the City Council finds proposed amendments of the development code under this ordinance are as follows:
A. The proposed amendment is consistent with the goal, policies, and actions of the General Plan;
The City of Sonoma Development Code carries out the policies and implementation measures of the General Plan and State Law. Consistency between Sections of the Development Code and State Law ensure accuracy of the Development Code review Agenda Item #7.4:
process and therefore the amendments are consistent with the goals, policies, and actions of the General Plan.
B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;
The proposed amendment is to streamline the design review process and clarify requirements for awnings, marquees, and canopies. Therefore the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.
C. Comply with the provisions of the California Environmental Quality Act (CEQA) as described in Section 4 below; and
The amendments fall under CEQA Guidelines Section 15061 (B)(3) General Rule. The General Rule, also known as the “Common Sense Exemption” applies to projects in which it is clear and definitive that the project will not have any significant impacts on the environments.
D. The proposed amendment is internally consistent with other applicable provisions of this development code.
The purpose of the amendments is to streamline the design review process to reduce the applicability to only listed or eligible historic resources or properties located in the historic overlay and provide clarity for staff, applicants, and residents.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT
This ordinance has been assessed in accordance with the authority and criteria contained in CEQA, the State CEQA Guidelines, and the environmental regulations of the city. City Planning Staff has determined that the adoption and implementation of the ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a series of text amendments and additions without any physical project being approved and not involving a commitment to any specific project that may result in a potentially significant physical impact on the environment, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.
SECTION 5. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that Agenda Item #7.4:
any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after passage thereof.
SECTION 7. PUBLICATION
This ordinance shall be published in accordance with the provisions of Government Code section 36933, subdivision (c)(1).
SECTION 8. THIS ORDINANCE PREVAILS WHERE THERE IS CONFLICT To the extent that this ordinance conflicts with any other provision in the Sonoma Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this ordinance will control.
PASSED AND ADOPTED at a regular Council Meeting of the City Council of the City of Sonoma held on the __ day of _________, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________
Patricia Farrar-Rivas, Mayor
ATTEST:
Rebekah Barr, MMC, City Clerk
Agenda Item #7.4:
State of California )
County of Sonoma )
City of Sonoma )
I, Rebekah Barr, City Clerk of the City of Sonoma, do hereby certify that the foregoing ordinance was duly and regularly adopted by the City Council of the City of Sonoma, Sonoma County, California, at a meeting thereof, held on _____________, by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Rebekah Barr, MMC, City Clerk
Agenda Item #7.4:
Exhibit A
The following sections of the Sonoma Municipal Code is hereby amended to read as follows:
A. Section 19.54.080(D) (Design Review) of Chapter 19.54 (Planning Permit Approval or Disapproval) is amended as follows (strikeout is used to denote existing text being deleted; underline is used to denote new text being added):
D. Development Exempt from Design Review. The following improvements shall be exempt from the design review process. The community development director has the discretion to refer applications to the appropriate design review authority for consideration and final action. Exemptions shall be reviewed through the plan check process to ensure compliance with zoning standards.
1. New residential structures and residential accessory structures not located in the historic overlay or in a listed or eligible historic district.
2. Modifications to existing residential structures not listed or determined eligible for listing on the local historical register.
3. New multifamily development that complies with the applicable design standards of Chapter 19.43 SMC (Multifamily objective design standards).
4. Window replacement.
a. Structures that are listed or determined eligible for listing on the local historical register - original windows must be replaced like for like in material, type, size and style.
b. Non residential structures and residential structures in the historic overlay – replacement windows shall match the predominant window material type and there are no changes to the dimensions.
c. Vinyl and vinyl clad windows should not be used in the historic overlay or on listed or eligible historic resources that are visible from the public right-of-way. d. Public facing windows shall all be consistent in material and design.
5. Repainting buildings and structures.
a. Structures that are listed or determined eligible for listing on the local historical register – paint colors shall be consistent or compatible with the historic architectural style.
6. Re-roofing buildings and structures.
a. Structures that are listed or determined eligible for listing on the local historical register - roof materials shall be replaced like for like in material, size and style. b. Non residential structures and residential structures in the historic overlay – roof materials shall be Class A roofing that is consistent with the architectural style and surrounding neighborhood, provided there are no changes to the dimensions, square footage, or roof pitch.
7. Awnings, marquees, and canopies compatible with the overall design of the main structure that do not obscure the architectural or character-defining features of the Agenda Item #7.4:
subject building and consistent with the applicable standards of SMC Section
19.40.110(D) Projections into the Public Right-of-Way.
a. For structures that are listed or determined eligible for listing on the local historical register or located within the historic overlay, awnings, marquees, and canopies shall not exceed the width of the storefront opening or associated commercial window opening.
8. Exterior wildfire resistant construction materials and methods in accordance with Chapter 7A of the California Building Code, including, but not limited to, replacement of natural wood siding with fire resistant materials that simulate the appearance of wood, enclosing of roof eaves and wrapping of decks, except for buildings listed or determined eligible for listing on the local historical register.
9. Involves reconstruction of a conforming structure has been destroyed by a natural disaster or accident and the proposal to reconstruct uses the same materials and design, is located on the same footprint, and does not increase the gross floor area of the previously existing structure.
B. Section 19.40.110(D) (Setback regulations and exceptions) of Chapter 19.40 (General Property Development and Use Standards) is amended as follows (strikeout is used to denote existing text being deleted; underline is used to denote new text being added):
D. Projections into the Public Right-of-Way. In commercial and mixed use zoning districts, projections into the public right-of-way may be allowed as provided for below:
1. Signs, Awnings, Marquees, and Canopies. Subject to the approval of the historic preservation commission in accordance with SMC 19.54.080, Design review, signs, awnings, and similar nonpermanent structures may project into the public right-of-way.
The minimum clearance of such structures shall be seven feet and the minimum distance from an adjoining curb or street edge shall be three feet. All portions of any permitted awning, canopy, or marquee shall be not less than eight feet above the finished grade, excluding any valance that shall not be less than seven feet above the finished grade. The horizontal projection may extend to a point not closer than three feet from the curb. No portion of any awning shall be higher than the window header level of the lowest story (if any) exclusive of the ground story and mezzanine, or extend above the bottom of a projecting upper-story window bay, or cover any belt cornice or horizontal molding, provided that no such awning shall in any case exceed a height of 16 feet from the ground level or the roofline of the building to which it is attached, whichever is lower. Where external piers or columns define individual storefront bays, an awning may not cover such piers or columns. Supporting posts or columns shall not be permitted under this provision.
Agenda Item #7.4:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 05 Nov 2025
Department
Public Works
Staff Contact
Ashley Cotter, PW Admin & Project Manager
Agenda Item Title
Adopt a Resolution Authorizing the City Manager to Execute Professional Services Agreements with GHD, Inc. not to Exceed $600,000.00, and Moe Engineering Not to Exceed $750,000.00 for On-Call Engineering Services.
Summary
The Public Works Department utilizes consultant engineering services for various engineering functions in the City. These services include City Engineer services which include review and direction on city projects as the City Engineer, Lot Line Adjustments, water main line projects, and other miscellaneous work. In addition, the consultant engineering service provides CIP, water and traffic engineering services. The City has been utilizing GHD, Inc. for these services since 2006. While the agreement with GHD, Inc. for these services is still active, staff recommended putting these services out for a Request for Proposals (RFP) to update the agreements the City had or execute new engineering agreements with other firms.
Similarly, the Community Development Department has worked with Moe Engineering consistently on development related projects since 2019. The contract with Moe Engineering expired in June 2024. Moe Engineering is currently providing development review services, map checks, inspection services, as well as as-needed engineering support for development projects.
A Request for Proposals (RFP) for engineering services was issued by the Public Works Department on August 25, 2025. Twelve proposals were received and reviewed using evaluation criteria specified in the RFP. These included, but were not limited to, criteria such as qualifications and experience of team members; experience in completing projects similar in size, scope and purpose; consultant availability to provide the requested services; approach to delivering the requested services, and cost. Based on a comprehensive review of proposals received, staff recommend contracting with GHD, Inc., and Moe Engineering. Consistent with State law for selection of architect/engineer services, the review of proposals and selection of the recommended consultant were based on qualifications, not cost; however, the City's purchasing policy does allow City staff to consider cost when selecting consultants, but it cannot be the main reason for selection.
The proposed On-Call Master Agreements with GHD, Inc., Moe Engineering, would be for a five-year term. During this time, engineering services will be provided on an as-needed basis pursuant to a task order approach under which the selected firms will prepare a detailed scope of work (including schedule and deliverables) based on the City’s requested need along with a proposed cost based on each firm's hourly rate schedule. The Public Works Director and/or Community Development Director will review and approve the task order and designate the appropriate funding source(s). Any task orders issued will only be to support work on projects/activities that have been approved in the adopted budget Agenda Item #7.5:
The contract for GHD, Inc is for $120,000 annually for five years, for a total not to exceed amount of $600,000 over a five-year term. This is currently budgeted annually through Public Works operating and water enterprise funds. The contract for Moe Engineering is for $150,000 annually for five years, for a total of $750,000 over a five-year term. This is partially budgeted from Community Development Contracts Budget and funded through plan review and permit application fees as appropriate.
Approval of the proposed agreements with the selected firms does not preclude the City from entering into additional agreements with other engineering firms should the need arise.
City staff is currently doing an extended review of proposals for possible Capital Improvement Project (CIP) services such as construction management and inspection services and intend on bringing a contract for CIP related on-call services at a future City Council Meeting.
Recommended Council Action
Adopt a Resolution Authorizing the City Manager to Execute Professional Services Agreements with GHD, Inc. not to Exceed $600,000.00, Moe Engineering Not to Exceed $750,000.00 for On-Call Engineering Services.
Alternative Actions
Council discretion.
Financial Impact
Task orders issued under this agreement will be funded from projects and activities that have been approved in the adopted annual budget. The contract for GHD, Inc is for $120,000 annually for five years, for a total not to exceed amount of $600,000 over a five-year term. This is currently budgeted annually through Public Works operating and water enterprise funds. The contract for Moe Engineering is for $150,000 annually for five years, for a total of $750,000 over a five-year term. This is partially budgeted from Community Development Contracts Budget and funded through permit and plan review fees. At this time, no additional funding is needed to authorize these contracts.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution
Moe Engineering Contract 2025-2030
GHD Contract 2025-2030
Agenda Item #7.5:
City of Sonoma
RESOLUTION # ___- 2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICE AGREEMENTS WITH GHD, INC.
NOT TO EXCEED $600,000 AND WITH MOE ENGINEERING NOT TO EXCEED $750,000
FOR ON-CALL L ENGINEERING SERVICES
WHEREAS the Public Works Department has consistently utilized consultant engineering services, these services include City Engineer Services as well as general engineering and traffic engineering services; and
WHEREAS, the City has been utilizing GHD, Inc., since 2006 for these services, and while the agreement with GHD, Inc. is still active, staff recommended putting these services out for a Request for Proposal (RFP); and
WHEREAS, the Community Development Department has worked with Moe Engineering consistently on development related projects since 2019, and the contract with Moe Engineering expired in June 2024; and
WHEREAS, a Request for Proposal (RFP) for on-call engineering services services was issued by the Public Works Department on August 25, 2025, and twelve proposals were received; and WHEREAS, based on a review of the proposals received, GHD, Inc. and Moe Engineering were deemed highly qualified to provide on-call engineering services to Public Works and Community Development Departments; and
WHEREAS, the proposed on-call master agreements will be for a term of five years, and execution of the agreement does not guarantee that any task orders will be issued.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma that the City Manager is authorized to execute Professional Services Agreements with GHD, Inc. in an amount not to exceed $600,000 and with Moe Engineering not to exceed $750,000 for on-call engineering services.
RESOLVED, PASSED, AND ADOPTED this 5th day of November 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Patricia Farrar-Rivas, Mayor
ATTEST:
________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.5:
Professional Services Agreement — Design Professionals
(City of Sonoma / Moe Engineering, Inc.)
336577.3 Page 1 of 26
Approved for use: 1/1/2025
PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN PROFESSIONALS
(City of Sonoma / Moe Engineering, Inc.)
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Sonoma, a California municipal corporation (“City”), and Moe Engineering, Inc., a California Corporation (“Consultant”) (collectively, “parties”).
2. RECITALS
2.1 City has determined that it requires the following professional services from a consultant: on-call Development Review and General Engineering Assistance.
2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
2.3 City has relied upon the professional ability and training of the Consultant as a material inducement to enter into this Agreement. Consultant shall perform in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Consultant’s work by City shall not operate as a waiver or release. Consultant represents and warrants to City that (a) it has all licenses, permits, qualifications, insurance and approvals of whatever nature which are legally required for Consultant to practice its profession, and (b) it shall, at its sole cost, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession. Consultant shall indemnify and hold harmless the City from and against any and all claims or expenses caused or occasioned directly or indirectly by Consultant’s failure to so perform.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
Agenda Item #7.5:
Professional Services Agreement — Design Professionals
(City of Sonoma / Moe Engineering, Inc.)
336577.3 Page 2 of 26
Approved for use: 1/1/2025
3. DEFINITIONS
3.1 “Agreement Administrator”: The Agreement Administrator for this project is Jennifer Gates, Community Development Director. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant.
3.2 “Approved Fee Schedule” means such compensation rates are set forth in the Consultant’s September 26, 2025 fee schedule to City attached hereto as “Exhibit B” and fully incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.
3.3 “Commencement Date” means November 5, 2025.
3.4 “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.
3.5 “Design Professional Project Administrator” is John Moe, PE, and will be the principal point of contact for the Consultant.
3.6 “Maximum Amount” means the highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Seven Hundred Fifty Thousand Dollars ($750,000.00).
3.7 “Scope of Services” means such professional services as are set forth in Consultant’s September 26, 2025 proposal to City attached hereto as Exhibit A and incorporated herein by this reference.
3.8 “Termination Date” means November 5, 2030.
Agenda Item #7.5:
Professional Services Agreement — Design Professionals
(City of Sonoma / Moe Engineering, Inc.)
336577.3 Page 3 of 26
Approved for use: 1/1/2025
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended in writing by mutual agreement of the parties or terminated earlier in accordance with section 16 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.
5. CONSULTANT’S DUTIES
5.1 Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In performing services under this Agreement, Consultant shall coordinate all contact with the City through its Agreement Administrator. All changes and/or extra work shall be performed and paid for in accordance with the following:
5.1.1 Only the City Community Development Director or City Council may authorize extra and/or changed work. Consultant expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Consultant to secure the Council’s or City Community Development Director’s authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in the Maximum Amount due to such unauthorized work and Consultant thereafter shall be entitled to no
compensation whatsoever for performance of such work.
5.1.2 If the Consultant is of the opinion that any work s/he has been directed to perform is beyond the scope of this Agreement and constitutes extra work, s/he shall promptly notify the Agreement Administrator of this opinion. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, it shall provide extra compensation to the Consultant on a fair and Agenda Item #7.5:
Professional Services Agreement — Design Professionals
(City of Sonoma / Moe Engineering, Inc.)
336577.3 Page 4 of 26
Approved for use: 1/1/2025
equitable basis. A Supplemental Agreement providing for such compensation for extra work shall be negotiated between the City and the Consultant. Such Supplemental Agreement shall be executed by the Consultant and be approved by the City in accordance with its purchasing policy.
5.1.3 In the event City determines that such work does not constitute extra work, Consultant shall not be paid extra compensation above that provided herein and if such determination is made by City staff, this determination may be appealed to the City Council as long as a written appeal is submitted to the City Manager within five (5) days after the staff’s determination is received by the Consultant. Any written appeal shall include a description of each and every ground upon which Consultant challenges the staff’s determination. The City Council’s decision shall be final.
5.2 Consultant Standards. Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).
5.3 Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.
5.4 Budgetary Notification. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the Maximum Amount unless specifically approved in advance and in writing by City.
Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.
Agenda Item #7.5:
Professional Services Agreement — Design Professionals
(City of Sonoma / Moe Engineering, Inc.)
336577.3 Page 5 of 26
Approved for use: 1/1/2025
5.5 Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.
5.6 No Known Relationships. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (i) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (ii) prevent Consultant from performing the terms of this Agreement, or (iii) present a significant opportunity for the disclosure of confidential information.
5.7 Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute and (ii) City has not consented in writing to Consultant’s performance of such work.
5.8 Campaign Contribution Disclosure. This Agreement is subject to Government Code section 84308, as amended by Senate Bill 1439 (2022), Senate Bill 1181 (2024), and Senate Bill 1243 (2024). Consultant shall disclose any contribution to an elected or appointed City official’s campaign or committee in an amount of more than five hundred dollars ($500) made within 12 months preceding the Commencement Date, by Consultant, its, her, or his agent, or another party affiliated with Consultant. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form, Exhibit C, to City prior to, or concurrent with, Consultant’s execution of this Agreement and no later than the Commencement Date.
5.9 Multi-Phased Projects. Pursuant to Government Code section 1097.6, Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City.
The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.
Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, Agenda Item #7.5:
Professional Services Agreement — Design Professionals
(City of Sonoma / Moe Engineering, Inc.)
336577.3 Page 6 of 26
Approved for use: 1/1/2025
or initial plans or specifications. Consultant shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant, if any, pursuant to this Agreement.
5.10 Appropriate Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Design Professional Project Administrator shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.
5.11 Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.
5.12 Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.
5.13 Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.
5.14 Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and Agenda Item #7.5:
Professional Services Agreement — Design Professionals
(City of Sonoma / Moe Engineering, Inc.)
336577.3 Page 7 of 26
Approved for use: 1/1/2025
disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
6. SUBCONTRACTING
6.1 General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
6.2 Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.
6.3 Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. City shall pay Consultant for work performed by its subcontractors (including labor) only at Consultant’s actual cost plus an approved mark up as set forth in the Approved Fee Schedule, Exhibit B.
Consultant shall be liable and accountable for all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.
Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.
7. COMPENSATION
7.1 General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services.
Compensation shall not exceed the Maximum Amount. Consultant shall Agenda Item #7.5:
Professional Services Agreement — Design Professionals
(City of Sonoma / Moe Engineering, Inc.)
336577.3 Page 8 of 26
Approved for use: 1/1/2025
not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.
7.2 Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.
7.3 Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.
7.4 Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.
7.5 Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.
7.6 City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.
7.7 Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in section 11, City shall have the right to withhold payments under this Agreement to offset that amount.
8. PREVAILING WAGE
8.1 Prevailing Wage Law Applies. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as Agenda Item #7.5:
Professional Services Agreement — Design Professionals
(City of Sonoma / Moe Engineering, Inc.)
336577.3 Page 9 of 26
Approved for use: 1/1/2025
California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including the design and preconstruction phases of a covered public works project. This Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of prevailing wages is required under the California Labor Code.
8.2 Indemnification; Prevailing Wage Law. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
10. RELATIONSHIP OF PARTIES
10.1 General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.
10.2 No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision or course of action, and Consultant, its officers, employees and agents shall not represent to any person or party that it or they are acting as agents of the City or that it or they have the power to bind or commit the City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
Agenda Item #7.5:
Professional Services Agreement — Design Professionals
(City of Sonoma / Moe Engineering, Inc.)
336577.3 Page 10 of 26
Approved for use: 1/1/2025
10.3 Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.
11. INDEMNIFICATION
11.1 Definitions. For purposes of this section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officials, officers, agents, employees and volunteers.
11.2 Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this Agreement, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.
Accordingly, the parties intend the provisions of this indemnity provision to be interpreted and construed to provide the City with the fullest protection possible under the law, subject to the caveats included in this Agreement. Consultant acknowledges that City would not enter into this Agenda Item #7.5:
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Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.
As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.
11.3 Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise. Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole negligence, active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.
11.4 Attorneys’ Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation. Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.
11.5 Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.
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11.6 Waiver of Statutory Immunity. The obligations of Consultant under this section 11 are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.
11.7 Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.
11.8 Offset. City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this section 11 of this Agreement and any amount due City from Consultant arising from Consultant’s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
11.9 Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
11.10 Civil Code. The parties are aware of the provisions of Civil Code Section 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this section 11 complies therewith.
11.11 Indemnification of CalPERS Determination. In the event that Consultant claims or is determined by a court of competent jurisdiction or CalPERS to Agenda Item #7.5:
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be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11.12 No Employment Benefits. Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant shall not qualify for or become entitled to, and hereby agrees to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.
12. INSURANCE
12.1 Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant. Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.
12.2 Documentation of Insurance. City will not execute this Agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: On-Call Engineering for Development Review and General Engineering. • Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.
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12.3 Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $2,000,000 per occurrence, $4,000,000 aggregate
• General Liability:
• General Aggregate: $4,000,000
• Products Comp/Op Aggregate $4,000,000
• Personal & Advertising Injury $2,000,000
• Each Occurrence $2,000,000
• Fire Damage (any one fire) $ 100,000
• Medical Expense (any 1 person) $ 10,000
• Workers’ Compensation:
• Workers’ Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (i) the minimum coverage and limits specified in this Agreement, or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
12.4 General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.
12.5 Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is Agenda Item #7.5:
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underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.
12.6 Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks. Automobile liability insurance shall be evidenced by ISO Form Number CA 0001 covering Code 1 (any auto) or, if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned).
12.7 Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for three years after the completion of the work by one of the following: (i) renewal of the existing policy; (ii) an extended reporting period endorsement; or (iii) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.
12.8 Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ClaimsMade Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
12.9 Subcontractors. Consultant shall require each of its subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement provided however, that the Agreement Administrator may waive the provision of Errors and Omissions Insurance by subcontractors in his or her sole discretion.
Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant’s expense.
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12.10 Proof of Renewal. Consultant shall provide proof that policies of insurance required by this Agreement expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
12.11 Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of Sonoma must be endorsed as an additional insured for each policy required herein, including the general liability and automobile policies, other than Professional Errors and Omissions, for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be noncontributory. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.
12.12 Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.
12.13 Notices. Contractor shall provide immediate written notice if (i) any of the required insurance policies is terminated; (ii) the limits of any of the required policies are reduced; (iii) or the deductible or self-insured Agenda Item #7.5:
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retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Sonoma, Attn: Community Development Director No. 1 The Plaza, Sonoma, California 95476.
12.14 Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
12.15 Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subcontractors.
12.16 Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant’s insurer in connection with the services under this Agreement.
12.17 Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement. City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and Agenda Item #7.5:
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deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.
12.18 Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.
13. MUTUAL COOPERATION
13.1 City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
13.2 Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.
14. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; (ii) the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing); or (iii) the day of delivery if emailed to the email address listed below and simultaneously deposited in the U.S. mail, postage prepaid, to the address(es) listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City:
Jennifer Gates
City of Sonoma
Community Development
No. 1 The Plaza
Sonoma, CA 95476
Telephone: (707) 938-3681
If to Consultant:
John Moe
Moe Engineering, Inc.
2950 Montecito Avenue
Santa Rosa, CA, 95404
Telephone: 707-544-6274
Email: [email protected]
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Facsimile: (707) 938-8775
Email: [email protected]
With courtesy copy to:
David J. Ruderman, Sonoma City Attorney
Colantuono, Highsmith & Whatley, PC
670 W. Napa Street, Suite F
Sonoma, CA 95476
Telephone: (707) 986-8091
Facsimile: (707) 509-7295
Email: [email protected]
15. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.14 (Records), section 11 (Indemnity), paragraph 12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), and paragraph 18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.
16. TERMINATION
16.1 City Termination. The City may, in its sole and unfettered discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the services required. Notice of Termination of this Agreement shall be given in writing to Consultant and shall be sufficient and complete when same is emailed to Consultant and simultaneously deposited in the United States mail postage prepaid and certified, addressed as set forth in section 14 of this Agreement. The Agreement shall be terminated upon receipt of the Notice of Termination by Consultant. If City should terminate this Agreement, the Consultant shall be compensated for all work satisfactorily performed prior to time of Agenda Item #7.5:
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receipt of termination notice, and shall be compensated for materials ordered by the Consultant or his/her employees, or services of others ordered by the Consultant or his/her employees prior to receipt of Notice of Termination whether or not such materials or final instruments of services of others have actually been delivered, provided that the Consultant or its employees are not able to cancel such orders for materials or services of others. Compensation for the Consultant in the event of termination by the City shall be determined by the City Community Development Director in accordance with the percentage of project completed. In the event that this Agreement is terminated pursuant to this paragraph 16.1, Consultant shall not be entitled to any additional compensation over that provided herein; nor shall Consultant be entitled to payment for any alleged damages or injuries (including lost opportunity damages) purportedly caused by the termination of this Agreement by the City pursuant hereto.
16.2 Consultant Termination. Consultant may terminate this Agreement upon thirty (30) days written notice to the City only for good cause.
Consultant’s written notice of termination shall contain a full explanation of the facts and circumstances constituting good cause. In the event of termination, all notes, sketches, computations, drawings and specifications, or other data, whether complete or not, produced through the time of the City’s last payment shall be relinquished to the City. The City may, at its own expense, make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.
16.3 Termination for Material Breach. Should the Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may terminate this Agreement by giving written notice of such termination, stating the reasons for such termination in such event.
Consultant shall be compensated as above, provided, however, there shall be deducted from such amount the amount of damage if any, sustained by City by virtue of the Consultant’s breach of this Agreement.
16.4 Remedies. In no event shall Consultant be entitled to receive more than the Maximum Amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in paragraph 3.6 above and as otherwise provided in this Agreement.
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17. INTERPRETATION OF AGREEMENT
17.1 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
17.2 Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.
17.3 Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.
17.4 Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
17.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
17.6 No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this Agreement. Any Agenda Item #7.5:
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uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.
18. GENERAL PROVISIONS
18.1 Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.
18.2 Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
18.3 Non-assignment. Both parties shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without the other party’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
18.4 Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.
18.5 No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.
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18.6 Time of the Essence. Time is of the essence for each and every provision of this Agreement.
18.7 Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation, or any other unlawful basis, including without limitation, the City’s NonDiscrimination Policy adopted as Resolution #25-2019. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, sexual orientation, or any other unlawful basis. Employment actions to which this provision applies 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; or in terms, conditions or privileges of employment, and selection for training.
Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
18.8 Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.
18.9 Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
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18.10 Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.
18.11 Attorneys’ Fees. In the event of a dispute arising out of the terms of this Agreement, including any action brought to declare the rights granted herein or to enforce any of the terms of this Agreement, the party prevailing in such dispute shall be entitled to all reasonable costs and litigation expenses actually incurred, including fees of attorneys and expert witnesses.
18.12 Venue. The venue for any litigation shall be Sonoma County, California and Consultant hereby consents to jurisdiction in Sonoma County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
18.13 Living Wage. Nonprofit service contractors which receive contracts from the City of $75,000 or more in a 12-month period, and for-profit service contractors who receive contracts from the City of $10,000 or more in a 12- month period, provided they have more than six employees, may be subject to the City’s Living Wage Ordinance. Sub-contractors with $50,000 or more in annual gross receipts may also be subject to the Living Wage Ordinance. Unless otherwise exempt in accordance with the provisions of the Ordinance (Sonoma Municipal Code Chapter 2.70), this Agreement is subject to applicable provisions of the Living Wage Ordinance of the City as amended from time to time and available on the City’s website.
18.14 Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or Agenda Item #7.5:
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emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.
18.15 Recitals. The Recitals are incorporated by this reference. [Signatures on following page]
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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:
“City”
City of Sonoma
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
John Moe, PE, President
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:
By:__________________________________
Rebekah Barr, MMC, City Clerk
Date:________________________
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Approved as to form:
By:__________________________________
David J. Ruderman, City Attorney
Date:________________________
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“EXHIBIT A”
Scope of Work
Agenda Item #7.5:
Agenda Item #7.5:
Agenda Item #7.5:
336577.3
“EXHIBIT B”
Approved Fee Schedule
Agenda Item #7.5:
Agenda Item #7.5:
336577.3
“EXHIBIT C”
Campaign Contribution Disclosure Form
Agenda Item #7.5:
336577.3
CAMPAIGNCONTRIBUTIONDISCLOSUREPROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.
Please carefully read the following information to determine if the provisions apply to you. If you determine that the
provisions are applicable, the Campaign Disclosure Form must be completed and returnedtothe Citywithyourapplication.
1. No City councilmember or commissioner shall accept,
solicit, or direct a contribution of more than $500 from any party,1 financially interested participant,2 or agent3 while a proceeding is pending or for 12 months subsequent to the date a final decision isrendered by the City. This prohibition commences when your application has been filed, or the
proceeding is otherwise initiated.
2. A party to a City proceeding shall disclose on the record of the proceeding any contribution of more than $500 made to any councilmember or commissioner by the party, or agent, during the preceding 12 months. No party to or participant in a City proceeding shall make a contribution of more than $500 to a councilmember or commissioner during the proceeding and for 12 monthsfollowing the date a final decision is rendered by the City. No agent to a party or participant shall make a contribution in any amount to a councilmember of
commissioner during the proceeding and for 12 months
following the date a final decision is rendered by the City.
3. Prior to rendering a decision on a City proceeding, any councilmember or commissioner who received
contribution of more than $500 within the preceding 12
months from any party, or agent, to a proceeding shall
disclose that fact on the record of the proceeding, and shall be disqualified from participating in the proceeding. However, if any councilmember or commissioner receives a
contribution that otherwise would require disqualification, and returns the contribution within 30 days of making the decision, or knowing about the contribution and the
relevant proceeding, whichever comes last, that
councilmember or commissioner shall be permitted to
participate in the proceeding.
1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding.
2 “Participant” is defined as any person who actively supports or opposes a particular decision in a proceeding.
3 “Agent” is defined as a person who represents a party in connection with a proceeding for compensation who appears before or otherwise communicates with the City for the purpose of influencing the proceeding. If an individual acting as an agent also is acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or corporation are agents. When a closed corporation is a party to a
proceeding, the majority shareholder is subject to these provisions.
To determinewhether a campaign contribution ofmore than $500 has been made by you or your agent to a
councilmember or commissioner within the preceding
12 months, all contributions made by you or your agent
during that period must be aggregated.
Names of currentCity councilmembers and commissioners
are available on the City’s website. If you have questions about Government Code Section 84308, FPPC
regulations, or the Campaign Disclosure Form, please
contact the City Clerk.
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, participant, or agent who has contributed more than $500 to any councilmember or
commissioner within the preceding 12 months:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(b) Date and amount of contribution:
Date Amount $
Date Amount $
Date Amount $
(c) Name of councilmember or commissioner to whom
contribution was made:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(d) I certify that the above information is provided to the best of my knowledge.
Printed Name
Signature
Date Phone
To be completed by City:
Document No: ______________________________
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Agenda Item #7.5:
Professional Services Agreement — Design Professionals
(City of Sonoma / GHD, Inc.)
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PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN PROFESSIONALS
(City of Sonoma / GHD, Inc.)
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Sonoma, a California municipal corporation (“City”), and GHD, Inc., a California Corporation (“Consultant”) (collectively, “parties”).
2. RECITALS
2.1 City has determined that it requires the following professional services from a consultant: on-call engineering services.
2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
2.3 City has relied upon the professional ability and training of the Consultant as a material inducement to enter into this Agreement. Consultant shall perform in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Consultant’s work by City shall not operate as a waiver or release. Consultant represents and warrants to City that (a) it has all licenses, permits, qualifications, insurance and approvals of whatever nature which are legally required for Consultant to practice its profession, and (b) it shall, at its sole cost, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession. Consultant shall indemnify and hold harmless the City from and against any and all claims or expenses caused or occasioned directly or indirectly by Consultant’s failure to so perform.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
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3. DEFINITIONS
3.1 “Agreement Administrator”: The Agreement Administrator for this project is Mike Berger, Director of Public Works. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Consultant.
3.2 “Approved Fee Schedule” means such compensation rates are set forth in the Consultant’s September 26, 2025 fee schedule to City attached hereto as “Exhibit B” and fully incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.
3.3 “Commencement Date” means November 5, 2025.
3.4 “Design Professional”: A Design Professional is any individual satisfying one or more of the following: (1) licensed as an architect pursuant to Business and Professions Code 5500 et seq., (2) licensed as a landscape architect pursuant to Business and Professions Code 5615 et seq., (3) licensed as a professional land surveyor pursuant to Business and Professions Code 8700 et seq., or (4) registered as a professional engineer pursuant to Business and Professions Code 6700 et seq.
3.5 “Design Professional Project Administrator” is Matt Wargula and will be the principal point of contact for the Consultant.
3.6 “Maximum Amount” means the highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Six Hundred Thousand Dollars ($600,000.00).
3.7 “Scope of Services” means such professional services as are set forth in Consultant’s September 26, 2025 proposal to City attached hereto as Exhibit A and incorporated herein by this reference.
3.8 “Termination Date” means November 5, 2030.
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4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended in writing by mutual agreement of the parties or terminated earlier in accordance with section 16 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.
5. CONSULTANT’S DUTIES
5.1 Services. Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In performing services under this Agreement, Consultant shall coordinate all contact with the City through its Agreement Administrator. All changes and/or extra work shall be performed and paid for in accordance with the following:
5.1.1 Only the City Public Works Director or City Council may authorize extra and/or changed work. Consultant expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Consultant to secure the Council’s or City Public Works Director’s authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in the Maximum Amount due to such unauthorized work and Consultant thereafter shall be entitled to no compensation whatsoever for performance of such work.
5.1.2 If the Consultant is of the opinion that any work s/he has been directed to perform is beyond the scope of this Agreement and constitutes extra work, s/he shall promptly notify the Agreement Administrator of this opinion. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, it shall provide extra compensation to the Consultant on a fair and Agenda Item #7.5:
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equitable basis. A Supplemental Agreement providing for such compensation for extra work shall be negotiated between the City and the Consultant. Such Supplemental Agreement shall be executed by the Consultant and be approved by the City in accordance with its purchasing policy.
5.1.3 In the event City determines that such work does not constitute extra work, Consultant shall not be paid extra compensation above that provided herein and if such determination is made by City staff, this determination may be appealed to the City Council as long as a written appeal is submitted to the City Manager within five (5) days after the staff’s determination is received by the Consultant. Any written appeal shall include a description of each and every ground upon which Consultant challenges the staff’s determination. The City Council’s decision shall be final.
5.2 Consultant Standards. Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.).
5.3 Coordination with City. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator.
5.4 Budgetary Notification. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the Maximum Amount unless specifically approved in advance and in writing by City.
Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount.
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5.5 Business License. Consultant shall obtain and maintain in force a City business license for the duration of this Agreement.
5.6 No Known Relationships. Consultant represents that it has no known relationships with third parties, City Council members, or employees of City which would (i) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (ii) prevent Consultant from performing the terms of this Agreement, or (iii) present a significant opportunity for the disclosure of confidential information.
5.7 Avoid Conflicts. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute and (ii) City has not consented in writing to Consultant’s performance of such work.
5.8 Campaign Contribution Disclosure. This Agreement is subject to Government Code section 84308, as amended by Senate Bill 1439 (2022), Senate Bill 1181 (2024), and Senate Bill 1243 (2024). Consultant shall disclose any contribution to an elected or appointed City official’s campaign or committee in an amount of more than five hundred dollars ($500) made within 12 months preceding the Commencement Date, by Consultant, its, her, or his agent, or another party affiliated with Consultant. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form, Exhibit C, to City prior to, or concurrent with, Consultant’s execution of this Agreement and no later than the Commencement Date.
5.9 Multi-Phased Projects. Pursuant to Government Code section 1097.6, Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City.
The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.
Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, Agenda Item #7.5:
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or initial plans or specifications. Consultant shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant, if any, pursuant to this Agreement.
5.10 Appropriate Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Design Professional Project Administrator shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.
5.11 Substitution of Personnel. Any persons named in the proposal or Scope of Services constitutes a promise to the City that those persons will perform and coordinate their respective services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause.
5.12 Permits and Approvals. Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.
5.13 Notification of Organizational Changes. Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subcontractor. Change of ownership or control of Consultant’s firm may require an amendment to this Agreement.
5.14 Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and Agenda Item #7.5:
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disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
6. SUBCONTRACTING
6.1 General Prohibition. This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
6.2 Consultant Responsible. Consultant shall be responsible to City for all services to be performed under this Agreement.
6.3 Identification in Fee Schedule. All subcontractors shall be specifically listed and their billing rates identified in the Approved Fee Schedule, Exhibit B. City shall pay Consultant for work performed by its subcontractors (including labor) only at Consultant’s actual cost plus an approved mark up as set forth in the Approved Fee Schedule, Exhibit B.
Consultant shall be liable and accountable for all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors.
Any changes must be approved by the Agreement Administrator in writing as an amendment to this Agreement.
7. COMPENSATION
7.1 General. City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Fee Schedule in full satisfaction for such services.
Compensation shall not exceed the Maximum Amount. Consultant shall Agenda Item #7.5:
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not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.
7.2 Invoices. Consultant shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification or position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges.
7.3 Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall be solely responsible for calculating, withholding, and paying all taxes.
7.4 Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.
7.5 Additional Work. Consultant shall not be reimbursed for any expenses incurred for work performed outside the Scope of Services unless prior written approval is given by the City through a fully executed written amendment. Consultant shall not undertake any such work without prior written approval of the City.
7.6 City Satisfaction as Precondition to Payment. Notwithstanding any other terms of this Agreement, no payments shall be made to Consultant until City is satisfied that the services are satisfactory.
7.7 Right to Withhold Payments. If Consultant fails to provide a deposit or promptly satisfy an indemnity obligation described in section 11, City shall have the right to withhold payments under this Agreement to offset that amount.
8. PREVAILING WAGE
8.1 Prevailing Wage Law Applies. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as Agenda Item #7.5:
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California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including the design and preconstruction phases of a covered public works project. This Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of prevailing wages is required under the California Labor Code.
8.2 Indemnification; Prevailing Wage Law. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
9. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
10. RELATIONSHIP OF PARTIES
10.1 General. Consultant is, and shall at all times remain as to City, a wholly independent contractor.
10.2 No Agent Authority. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision or course of action, and Consultant, its officers, employees and agents shall not represent to any person or party that it or they are acting as agents of the City or that it or they have the power to bind or commit the City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
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10.3 Independent Contractor Status. Under no circumstances shall Consultant or its employees look to the City as an employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.
11. INDEMNIFICATION
11.1 Definitions. For purposes of this section 11, “Consultant” shall include Consultant, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement. “City” shall include City, its officials, officers, agents, employees and volunteers.
11.2 Consultant to Indemnify City. Where the services to be provided by Consultant under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this Agreement, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Consultant’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.
Accordingly, the parties intend the provisions of this indemnity provision to be interpreted and construed to provide the City with the fullest protection possible under the law, subject to the caveats included in this Agreement. Consultant acknowledges that City would not enter into this Agenda Item #7.5:
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Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.
As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, and to the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City from and against any claims, demands, losses, liability of any kind or nature (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, are in connection with, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers.
11.3 Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise. Property damage shall include injury to any personal or real property. Consultant shall not be required to indemnify City for such loss or damage as is caused by the sole negligence, active negligence or willful misconduct of the City. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of an indemnified party, then Consultant’s indemnification obligation shall be reduced in proportion to the established comparative liability.
11.4 Attorneys’ Fees. Such costs and expenses shall include reasonable attorneys’ fees for counsel of City’s choice, expert fees and all other costs and fees of litigation. Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.
11.5 Defense Deposit. The City may request a deposit for defense costs from Consultant with respect to a claim. If the City requests a defense deposit, Consultant shall provide it within 15 days of the request.
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11.6 Waiver of Statutory Immunity. The obligations of Consultant under this section 11 are not limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City.
11.7 Indemnification by Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section 11 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Consultant’s behalf. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.
11.8 Offset. City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this section 11 of this Agreement and any amount due City from Consultant arising from Consultant’s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
11.9 Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Consultant’s indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
11.10 Civil Code. The parties are aware of the provisions of Civil Code Section 2782.8 relating to the indemnification and the duty and the cost to defend a public agency by a Design Professional and agree that this section 11 complies therewith.
11.11 Indemnification of CalPERS Determination. In the event that Consultant claims or is determined by a court of competent jurisdiction or CalPERS to Agenda Item #7.5:
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be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
11.12 No Employment Benefits. Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant shall not qualify for or become entitled to, and hereby agrees to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.
12. INSURANCE
12.1 Insurance Required. Consultant shall maintain insurance as described in this section and shall require all of its subcontractors, consultants, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant. Any requirement for insurance to be maintained after completion of the work shall survive this Agreement.
12.2 Documentation of Insurance. City will not execute this Agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. Consultant shall file with City:
• Certificate of Insurance, indicating companies acceptable to City, with a Best’s Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: On-Call Engineering Services.
• Documentation of Best’s rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement.
• Complete, certified copies of all required insurance policies, including endorsements affecting the coverage.
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12.3 Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts:
• Professional Liability Insurance: $2,000,000 per claim, $4,000,000 aggregate
• General Liability:
• General Aggregate: $4,000,000
• Products Comp/Op Aggregate $4,000,000
• Personal & Advertising Injury $2,000,000
• Each Occurrence $2,000,000
• Fire Damage (any one fire) $ 100,000
• Medical Expense (any 1 person) $ 10,000
• Workers’ Compensation:
• Workers’ Compensation Statutory Limits
• EL Each Accident $1,000,000
• EL Disease - Policy Limit $1,000,000
• EL Disease - Each Employee $1,000,000
• Automobile Liability
• Any vehicle, combined single limit $1,000,000
Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the City as additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (i) the minimum coverage and limits specified in this Agreement, or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.
12.4 General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims-Made, modified, limited or restricted Occurrence forms are not acceptable.
12.5 Worker’s Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers’ Compensation (or to undertake equivalent self-insurance), and Consultant will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is Agenda Item #7.5:
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underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California.
12.6 Automobile Liability Insurance. Covered vehicles shall include owned if any, non-owned, and hired automobiles and, trucks. Automobile liability insurance shall be evidenced by ISO Form Number CA 0001 covering Code 1 (any auto) or, if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned).
12.7 Professional Liability Insurance or Errors & Omissions Coverage. The deductible or self-insured retention may not exceed $50,000. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of the work. Coverage shall be continued for three years after the completion of the work by one of the following: (i) renewal of the existing policy; (ii) an extended reporting period endorsement; or (iii) replacement insurance with a retroactive date no later than the commencement of the work under this Agreement.
12.8 Claims-Made Policies. If any of the required policies provide coverage on a claims-made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. ClaimsMade Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
12.9 Subcontractors. Consultant shall require each of its subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement provided however, that the Agreement Administrator may waive the provision of Errors and Omissions Insurance by subcontractors in his or her sole discretion.
Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant’s expense.
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12.10 Proof of Renewal. Consultant shall provide proof that policies of insurance required by this Agreement expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
12.11 Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of Sonoma must be endorsed as an additional insured for each policy required herein, including the general liability and automobile policies, other than Professional Errors and Omissions, and Workers Compensation for liability arising out of ongoing and completed operations by or on behalf of the Consultant. Consultant’s insurance policies shall be primary as respects any claims related to or as the result of the Consultant’s work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37.
12.12 Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Consultant does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Consultant under this Agreement. Failure of the Consultant to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement.
12.13 Notices. Contractor shall provide immediate written notice if (i) any of the required insurance policies is terminated; (ii) the limits of any of the required policies are reduced; (iii) or the deductible or self-insured Agenda Item #7.5:
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retention is increased. Consultant shall provide no less than 30 days’ notice of any cancellation or material change to policies required by this Agreement. Consultant shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of Sonoma, Attn: Ashley Cotter, No. 1 The Plaza, Sonoma, California 95476.
12.14 Consultant’s Insurance Primary. The insurance provided by Consultant, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
12.15 Waiver of Subrogation. Consultant hereby waives all rights of subrogation against the City. Consultant shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subcontractors.
12.16 Report of Claims to City. Consultant shall report to the City, in addition to the Consultant’s insurer, any and all insurance claims submitted to Consultant’s insurer in connection with the services under this Agreement.
12.17 Premium Payments and Deductibles. Consultant must disclose all deductibles and self-insured retention amounts to the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement. City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Consultant shall be responsible for all premiums and Agenda Item #7.5:
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deductibles in all of Consultant’s insurance policies. The amount of deductibles for insurance coverage required herein are subject to City’s approval.
12.18 Duty to Defend and Indemnify. Consultant’s duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement.
13. MUTUAL COOPERATION
13.1 City Cooperation in Performance. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
13.2 Consultant Cooperation in Defense of Claims. If any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.
14. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; (ii) the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing); or (iii) the day of delivery if emailed to the email address listed below and simultaneously deposited in the U.S. mail, postage prepaid, to the address(es) listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City:
Mike Berger
City of Sonoma
Director of Public Works
No. 1 The Plaza
Sonoma, CA 95476
Telephone: (707) 938-3681
If to Consultant:
Matt Wargula
GHD, Inc.
2235 Mercury Way, Ste 150
Santa Rosa, CA, 95407
Telephone: 707-523-1010
Email: [email protected]
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Approved for use: 1/1/2025
Facsimile: (707) 938-3240
Email: [email protected]
With courtesy copy to:
David J. Ruderman, Sonoma City Attorney
Colantuono, Highsmith & Whatley, PC
670 W. Napa Street, Suite F
Sonoma, CA 95476
Telephone: (707) 986-8091
Facsimile: (707) 509-7295
Email: [email protected]
15. SURVIVING COVENANTS
The parties agree that the covenants contained in paragraph 5.14 (Records), section 11 (Indemnity), paragraph 12.8 (Claims-Made Policies), paragraph 13.2 (Consultant Cooperation in Defense of Claims), and paragraph 18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose.
16. TERMINATION
16.1 City Termination. The City may, in its sole and unfettered discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the services required. Notice of Termination of this Agreement shall be given in writing to Consultant and shall be sufficient and complete when same is emailed to Consultant and simultaneously deposited in the United States mail postage prepaid and certified, addressed as set forth in section 14 of this Agreement. The Agreement shall be terminated upon receipt of the Notice of Termination by Consultant. If City should terminate this Agreement, the Consultant shall be compensated for all work satisfactorily performed prior to time of Agenda Item #7.5:
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receipt of termination notice, and shall be compensated for materials ordered by the Consultant or his/her employees, or services of others ordered by the Consultant or his/her employees prior to receipt of Notice of Termination whether or not such materials or final instruments of services of others have actually been delivered, provided that the Consultant or its employees are not able to cancel such orders for materials or services of others. Compensation for the Consultant in the event of termination by the City shall be determined by the City Public Works Director in accordance with the percentage of project completed. In the event that this Agreement is terminated pursuant to this paragraph
16.1, Consultant shall not be entitled to any additional compensation over that provided herein; nor shall Consultant be entitled to payment for any alleged damages or injuries (including lost opportunity damages) purportedly caused by the termination of this Agreement by the City pursuant hereto.
16.2 Consultant Termination. Consultant may terminate this Agreement upon thirty (30) days written notice to the City only for good cause.
Consultant’s written notice of termination shall contain a full explanation of the facts and circumstances constituting good cause. In the event of termination, all notes, sketches, computations, drawings and specifications, or other data, whether complete or not, produced through the time of the City’s last payment shall be relinquished to the City. The City may, at its own expense, make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.
16.3 Termination for Material Breach. Should the Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may terminate this Agreement by giving written notice of such termination, stating the reasons for such termination in such event.
Consultant shall be compensated as above, provided, however, there shall be deducted from such amount the amount of damage if any, sustained by City by virtue of the Consultant’s breach of this Agreement.
16.4 Remedies. In no event shall Consultant be entitled to receive more than the Maximum Amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in paragraph 3.6 above and as otherwise provided in this Agreement.
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17. INTERPRETATION OF AGREEMENT
17.1 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
17.2 Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Consultant.
17.3 Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement.
17.4 Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
17.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
17.6 No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this Agreement. Any Agenda Item #7.5:
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uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party.
18. GENERAL PROVISIONS
18.1 Confidentiality. All data, documents, discussion, or other information developed or received by Consultant for performance of this Agreement are deemed confidential and Consultant shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement.
18.2 Conflicts of Interest. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City’s Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
18.3 Non-assignment. Both parties shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without the other party’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
18.4 Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties.
18.5 No Third-Party Beneficiaries. Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.
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18.6 Time of the Essence. Time is of the essence for each and every provision of this Agreement.
18.7 Non-Discrimination. Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation, or any other unlawful basis, including without limitation, the City’s NonDiscrimination Policy adopted as Resolution #25-2019. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, sexual orientation, or any other unlawful basis. Employment actions to which this provision applies 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; or in terms, conditions or privileges of employment, and selection for training.
Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
18.8 Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Consultant of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition.
18.9 Excused Failure to Perform. Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
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18.10 Remedies Non-Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies.
18.11 Attorneys’ Fees. In the event of a dispute arising out of the terms of this Agreement, including any action brought to declare the rights granted herein or to enforce any of the terms of this Agreement, the party prevailing in such dispute shall be entitled to all reasonable costs and litigation expenses actually incurred, including fees of attorneys and expert witnesses.
18.12 Venue. The venue for any litigation shall be Sonoma County, California and Consultant hereby consents to jurisdiction in Sonoma County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
18.13 Living Wage. Nonprofit service contractors which receive contracts from the City of $75,000 or more in a 12-month period, and for-profit service contractors who receive contracts from the City of $10,000 or more in a 12- month period, provided they have more than six employees, may be subject to the City’s Living Wage Ordinance. Sub-contractors with $50,000 or more in annual gross receipts may also be subject to the Living Wage Ordinance. Unless otherwise exempt in accordance with the provisions of the Ordinance (Sonoma Municipal Code Chapter 2.70), this Agreement is subject to applicable provisions of the Living Wage Ordinance of the City as amended from time to time and available on the City’s website.
18.14 Counterparts; Electronic Signatures. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or Agenda Item #7.5:
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emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.
18.15 Recitals. The Recitals are incorporated by this reference. [Signatures on following page]
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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:
“City”
City of Sonoma
By:________________________________
David Guhin, City Manager
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
GHD, Inc.
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:
By:__________________________________
Rebekah Barr, MMC, City Clerk
Date:________________________
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Approved as to form:
By:__________________________________
David J. Ruderman, City Attorney
Date:________________________
Agenda Item #7.5:
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“EXHIBIT A”
Scope of Work
Agenda Item #7.5:
Agenda Item #7.5:
Agenda Item #7.5:
Agenda Item #7.5:
336577.3
“EXHIBIT B”
Approved Fee Schedule
Agenda Item #7.5:
Agenda Item #7.5:
Agenda Item #7.5:
336577.3
“EXHIBIT C”
Campaign Contribution Disclosure Form
Agenda Item #7.5:
336577.3
CAMPAIGNCONTRIBUTIONDISCLOSUREPROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.
Please carefully read the following information to determine if the provisions apply to you. If you determine that the
provisions are applicable, the Campaign Disclosure Form must be completed and returnedtothe Citywithyourapplication.
1. No City councilmember or commissioner shall accept,
solicit, or direct a contribution of more than $500 from any party,1 financially interested participant,2 or agent3 while a proceeding is pending or for 12 months subsequent to the date a final decision isrendered by the City. This prohibition commences when your application has been filed, or the
proceeding is otherwise initiated.
2. A party to a City proceeding shall disclose on the record of the proceeding any contribution of more than $500 made to any councilmember or commissioner by the party, or agent, during the preceding 12 months. No party to or participant in a City proceeding shall make a contribution of more than $500 to a councilmember or commissioner during the proceeding and for 12 monthsfollowing the date a final decision is rendered by the City. No agent to a party or participant shall make a contribution in any amount to a councilmember of
commissioner during the proceeding and for 12 months
following the date a final decision is rendered by the City.
3. Prior to rendering a decision on a City proceeding, any councilmember or commissioner who received
contribution of more than $500 within the preceding 12
months from any party, or agent, to a proceeding shall
disclose that fact on the record of the proceeding, and shall be disqualified from participating in the proceeding. However, if any councilmember or commissioner receives a
contribution that otherwise would require disqualification, and returns the contribution within 30 days of making the decision, or knowing about the contribution and the
relevant proceeding, whichever comes last, that
councilmember or commissioner shall be permitted to
participate in the proceeding.
1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding.
2 “Participant” is defined as any person who actively supports or opposes a particular decision in a proceeding.
3 “Agent” is defined as a person who represents a party in connection with a proceeding for compensation who appears before or otherwise communicates with the City for the purpose of influencing the proceeding. If an individual acting as an agent also is acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or corporation are agents. When a closed corporation is a party to a
proceeding, the majority shareholder is subject to these provisions.
To determinewhether a campaign contribution ofmore than $500 has been made by you or your agent to a
councilmember or commissioner within the preceding
12 months, all contributions made by you or your agent
during that period must be aggregated.
Names of currentCity councilmembers and commissioners
are available on the City’s website. If you have questions about Government Code Section 84308, FPPC
regulations, or the Campaign Disclosure Form, please
contact the City Clerk.
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, participant, or agent who has contributed more than $500 to any councilmember or
commissioner within the preceding 12 months:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(b) Date and amount of contribution:
Date Amount $
Date Amount $
Date Amount $
(c) Name of councilmember or commissioner to whom
contribution was made:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(d) I certify that the above information is provided to the best of my knowledge.
Printed Name
Signature
Date Phone
To be completed by City:
Document No: ______________________________
Agenda Item #7.5:
336577.3
Agenda Item #7.5:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 05 Nov 2025
Department
Public Works
Staff Contact
Michael Berger, Public Works Director
Agenda Item Title
Adopt a Resolution Authorizing the City Manager to Execute a Construction Contract with Granite Construction Inc. for $45,450, Approve $4,500 (10%) in Contingency, and Approve a Project Budget of $63,950 for Repairs to the Lovall Valley Bridge Waterline.
Summary
In July 2024, Public Works crews noticed a small leak in the waterline attached to the Lovall Valley Road Bridge. Staff added repairs to this leak as a Capital Improvement Project to be added to the Capital Improvement Program for the 25-26 Budget, after visiting the site and noting the current conditions. This area is in the County's jurisdiction, but its residents are served by City of Sonoma Water. Staff reviewed the plans from the Apple Valley Farms Subdivision (1973) for the bridge/waterline construction details. At the time of this investigation, the leak was very minor and staff continued to monitor it.
The project is currently funded as CIP W-18, Lovall Valley Bridge Waterline Repair, with the adoption of the Capital Improvement Program Plan with the City Budget for FY25-26 in June 2025. Recently staff noted an increase in leaking water and Public Works worked to expedite the project. Pursuant to Sonoma Municipal Code 3.04.080, staff can negotiate a contract price on projects less than $75,000.00. The City worked with the contract City Engineer (GHD) on some technical considerations, utilized the existing bridge plans from the Apple Valley Farms Subdivision, and contracted with Granite Construction Inc. to do some exploratory potholing (completed October 2025, with an approved Encroachment Permit from Sonoma County) to inform the project design. The team worked together to develop a cost effective and efficient plan to address the repair and complete the work before the winter.
The City received a cost proposal from Granite Construction Inc. for $45,450.00 to complete this project. The amount provided by Granite was lower than the Engineer's Estimate. This work includes fixing the waterline so that it no longer leaks and re-attaching it to the existing Lovall Valley Road Bridge.
Per the recent change to the Uniform Public Construction Cost Accounting Act, that were effective January 1, 2025, the updated act allows projects costing $75,000 or less let by negotiated contract or purchase order.
This project is CEQA exempt under section 15301 and 15302 of the CEQA guidelines because it involves maintenance, replacement or reconstruction of existing structures or facilities.
Recommended Council Action
Adopt a Resolution Authorizing the City Manager to Execute a Construction Contract with Granite Construction Inc. for $45,450, Approve $4,500 (10%) in Contingency, and Approve a Project Budget of $63,950.00 for Repairs to the Lovall Valley Bridge Waterline.
Agenda Item #7.6:
Alternative Actions
Council discretion.
Financial Impact
The cost for Granite Construction Inc. is $45,450.00. Staff asked GHD for an engineer's estimate, which was higher than the quote provided by Granite Construction Inc. CIP W-18 - Lovall Valley Bridge Waterline Repair, was approved in the capital improvement program with the Citywide Budget Adoption in June 2025. The project currently has $205,000 allocated through the Water Enterprise Fund (Fund 512), as well as $50,000 for FY26-27 that can be pulled forward, if necessary, for a Five-Year total of $255,000.
Granite Construction Company Bid $45,450.00
Contingency (for additional excavation if needed) $4,500.00 Exploratory Potholing $7,500.00
GHD Engineering $5,000.00
Additional Engineering Needs (as needed) $1,500.00
Total $63,950.00
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution
Construction Contract
Agenda Item #7.6:
422140.1
City of Sonoma
RESOLUTION # _______ - 2024
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH GRANITE CONSTRUCTION, INC. FOR $45,450, APPROVE $7,500 IN CONTINGENCY, AND APPROVE A PROJECT BUDGET OF $66,950
WHEREAS, the Lovall Valley Road waterline is attached to the Lovall Valley Road Bridge, which is in the County Jurisdiction, however, the residents are served by City of Sonoma Water, and therefore the waterline is within the jurisdiction of the City of Sonoma (“the City”) and the City is responsible for the maintenance and repair of the waterline; and WHEREAS, on or about late July 2024, City crews noticed a minor leak in the waterline, (the “Waterline”) and continued to monitor it; staff added this to the Capital Improvement Program Budget as CIP W-18 “Lovall Valley Bridge Waterline Repair”, which was approved and funded with the June 2025 Budget Adoption; and
WHEREAS, the City worked with GHD (City Contract Engineer) and Granite Construction Company via exploratory potholing to inform design; and WHEREAS, per Sonoma Municipal Code 3.04.080 and per the Updated Uniform Public Construction Cost Accounting Act (effective January 1, 2025), public projects costing $75,000 or less can be let by negotiated by contract, purchase order, or performed by City employees by force account; and
WHEREAS, the required repairs to the Waterline are exempt from review under the California Environmental Quality Act of 1970, as amended, Public Resources Code section 21000 et seq. (“CEQA”) under Sections 15301 and 14302 of the CEQA Guidelines as it is the maintenance, repair or replacement of an existing facility.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma that the City Manager is authorized to execute a Construction Contract with Granite Construction Inc. for $45,450, approve up to $7,500 in Contingency.
RESOLVED AND ADOPTED this 5th day of November 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Patricia Farrar-Rivas, Mayor
ATTEST:
_________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.6:
1 CONTRACT FOR MINOR PUBLIC WORKS PROJECTS
This Contract for Minor Public WorksProjects for Lovall Valley Road Waterline Repair by and between the City of Sonoma, a California municipal corporation (hereinafter “City”) and Granite Construction, Inc. (hereinafter "Contractor") is effective on the Effective Date identified on the signature page.
1. In consideration of the City’s obligations set forth herein, the Contractor shall furnish the tools, equipment, labor and material necessary to perform as set forth in Exhibit A and complete in a good and workmanlike manner, replacement of City’s existing water meters. The Contractor shall perform the Work in accordance with the terms of this Agreement (including Exhibit “A,” attached hereto and incorporated herein by reference), and at the compensation rates and charges set forth on Exhibit “A,” attached hereto and incorporated herein by reference. Exhibit “A” consists of the Contractor’s original proposal and supplemental proposal and scope of work details, which are made a part of and together herewith constitute the contract.
2. The total sum of this “on-call” Contract shall not exceed Forty Five Thousand Four Hundred Fifty ($45,450.00) Dollars. It is understood and agreed that in accordance with California Public Contract Code §22300, the Contractor will be allowed to substitute securities for money withheld by City to insure performance under this Contract. In accordance with Public Contract Code §20104.50, City shall promptly review payment requests and if not suitable for payment, City shall no later than seven (7) days after receipt return the same with an explanation as to why the payment request is not possible. City shall make progress payments within thirty (30) days after receipt of an undisputed and properly executed request. Failure to comply with the time requirements shall subject City to certain interest charges.
3. The following shall govern the responsibilities and indemnification by Contractor:
A. City and each of its officers, employees, and agents including, shall not be liable or accountable in any manner for loss or damage that may happen to any part of the Work; loss or damage to materials or other things used or employed in performing the Work; injury, sickness, disease, emotional injury, or death of any person; or damage to property resulting from any cause whatsoever except their negligence, willful misconduct or active negligence, attributable to performance or character of the Work, and Contractor releases all of the foregoing persons and entities from any and all such claims.
B. To the furthest extent permitted by law (including without limitation California Civil Code Section 2782), Contractor shall assume defense of, release, and indemnify and hold harmless, City and each of its officers, employees, and agents (excluding agents who are design professionals), from claims, suits, actions, losses and liability of every kind, nature and description, including but not limited to claims, etc., and fines of regulatory agencies or relating to claims, etc., for copyright and/or infringement patent, and attorney’s fees and Contractor’s fees, directly or indirectly, from any cause whatsoever, directly or indirectly, arising out of, connected with, or resulting from performance of the Work, failure to perform the Work, or condition of the Work which is caused in whole or in part by any negligent act or omission of Contractor, Subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether it is caused in part by the negligence of City or by any person or entity required to be indemnified hereunder.
C. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its Subcontractors of any tier, or the officers or agents of any of them.
D. To the furthest extent permitted by law (including, without limitation, Civil Code Section 2782), the indemnities, releases of liability and limitations of liability, claims, procedures, and limitations of remedy expressed throughout Contract Documents shall apply even in the event of breach of contract, negligence (active or passive), fault or strict liability of the party(ies) indemnified, released, or limited inliability, and shall survive the termination, rescission, breach, abandonment, or completion of the Work or the terms of the Contract Documents.
E. The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate liability or because the Contractor evaluates liability and determines that the Contractor is not liable to the claimant. The Contractor will respond within 30 days to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized Agenda Item #7.6:
2 by law, so much of the money due the Contractor under and by virtue of the contract as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages or until the Contractor accepts or rejects the tender of defense, whichever occurs first.
F. The indemnities in the Contract Documents shall not apply to any indemnified party to the extent of its negligence or willful misconduct; nor shall they apply to City or other indemnified party to the extent of its active negligence.
4. This Contract shall not be assigned without the written approval of the City.
5. The Contractor shall have full care, custody and control of the project to completion and shall maintain the same in a safe and tidy condition. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the Work, and to the shops wherein the Work is in preparation. Where the specifications require Work to be specially tested or approved, it shall not be tested or covered up without timely notice to the City, or its representative, of its readiness for inspection, and without the approval thereof or consent thereto by the latter. Should any Work be covered up without such notice, approval or consent, it must, if required by the City, or its representative, be uncovered for examination at the Contractor's expense.
6. The Contractor shall assume sole and complete responsibility for job site conditions for the duration of the project including, but not limited to, the safety and health conditions on the Work site. This requirement shall apply continuously and shall not be limited to normal working hours. Contractor shall comply with all applicable provisions of law including the standards, rules, regulations and orders established by the California Division of Industrial Safety. Contractor shall furnish and use safety devices and safeguards and shall adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render the Work site safe and healthful. Contractor shall take all steps necessary to ensure that any hazardous condition is corrected promptly either by the Contractor or by assigning such responsibility to the appropriate subcontractor and ensuring that the corrections are completed. The City, design engineer, construction manager and the officers, agents or employees, shall not have control over or charge of or responsibility for construction or safety means, methods, techniques, procedures, as these are solely the responsibility of Contractor.
7. Should the City at any time during the progress of the Work request any alterations, deviations, additions or omissions from said Contract, specifications or plans, it shall be at liberty to do so, and the same shall in no way affect or make void the Contract, but will be added to or deducted from the amount of said contract price, as the case may be, by fair and reasonable valuation. The value of any such extra work or change shall be determined in one or more of the followingways:
A. By estimate and acceptance of a lumpsum.
B. By unit price named in the contract or subsequently agreed upon.
C. By cost and percentage or by cost and a fixed fee.
8. Contractor shall obtain insurance acceptable to the City in a company or companies acceptable to the City. The required documentation of such insurance shall be furnished to the City at the time Contractor returns the executed contract. The Contractor shall not commence Work nor shall allow its employees or agents or anyone to commence Work until all insurance and properly executed endorsements required hereunder have been submitted and approved. The Contractor shall take out and maintain at all times during the life of this Contract, the following policies of insurance with insurers (if other than the State Compensation Fund) with a current A.M. Best's rating of no less than A:VII, or its equivalent, against injury/death to persons or damage to property which may arise from or in connection with the performance hereunder by Contractor, its employees, agents and subcontractors:
A. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
B. Comprehensive or Commercial General Liability Insurance at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), in an amount of $2,000,000 per occurrence. If Work involves explosives, underground or collapse risks, XCU must be included. If a general aggregate limit is used, either the general Agenda Item #7.6:
3 aggregate limit shall apply separately to this project or the general aggregate shall be twice the required occurrence limit.
C. Automobile Liability, with coverage at least as broad as Insurance Services Office form number CA 0001 0692, Code 1, (any auto), in an amount of $1,000,000 per accident. Said policy shall contain or be endorsed with the provision that coverage shall not be canceled without 30 days prior written notice (10 days for non-payment of premium) to City by mail.
D. Prior to City's execution of Contract, Contractor shall provide properly executed Certificates of Insurance and Endorsements evidencing the insurance required herein, on an Acord 25.
E. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability caused by the work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40 F. For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects 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 excess of the Contractor’s insurance and shall not contribute with it.
G. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; In the event of any cancellation in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance.
H. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
I. Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
J. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additionalinsured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
K. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure toobtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. In the event of a claim that gives rise to the Contractor’s insurance, The City Agenda Item #7.6:
4 reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
L. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
If the contractor maintains higherlimits than the minimums shown above for all policies required by thisAgreement, the Entity requires and shall be entitled to the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
9. The term of this Agreement shall commence at 12:00 a.m. on November 1, 2023 (the “Commencement Date”) and shall expire at 11:59 p.m. on June 30, 2025 (the “Termination Date”) unless extended by written agreement of the parties or terminated earlier. Contractor may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to thisagreement.
10. The Contract shall be construed and interpreted according to California law; any action to enforce the terms of this Contract or for the breach thereof shall be brought and tried in the County of Sonoma.
11. Should the Contractor fail to complete this Contract with the time fixed for completion, due allowance being made for unavoidable delays, it shall become liable to City in the amount of $100 in Liquidated Damages per calendar day for each day said Work remains incomplete beyond the time for completion. If it appears to the Contractor that it will not complete the Work in the time agreed, it shall make written application to City at least ten (10) calendar days prior to expiration of the time for completion, stating the reasons why and the amount of extension it believes should be granted. The City may then, with discretion, grant, or deny such extension. Any money due or to become due to Contractor may be retained to cover the liquidated damages, and should such money not be sufficient to cover such damages, the City shall have the right to recover the balance from Contractor or its Sureties.
12. Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all Work will be of good quality free from faults and defects and in conformance with the contract documents. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with the Contract or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting from faulty workmanship which shall appear within the period of one (1) year from the date of final payment by the City for the Work. City will give notice of observed defects with reasonable promptness. All materials are covered by the manufacturer’s warranty only. With respect to the materials furnished hereunder, Contractor hereby disclaims all expressed or implied warranties, whether implied by operation of law of otherwise, including, without limitation, all implied warranties of merchantability and fitness or fitness for a particular purpose.
13. By execution of this Contract, Contractor warrants that it has carefully examined the site of the Work contemplated and any plans and specifications and contract documents pertaining to the Work and has satisfied itself of all local conditions affecting the Work and delivery of materials; City specifically disclaims any warranties for information provided to Contractor. It is the obligation of Contractor to notify City of any and all ambiguities, conflicts, etc., in and among such plans, specifications and/or documents.
14. Contractor shall give its personal attention to the fulfillment of the Contract and shall keep the Work under its control at all times. No subcontractor will be recognized as such, and all persons engaged in the Work will be considered as employees of Contractor, and it will be held responsible for the Work which shall be subject to the provisions of the Contract and specifications, if any.
15. Whenever, in the opinion of the City, the Contractor is neglecting the Work or is not prosecuting the same with diligence or is not fulfilling the provisions of the Contract and specifications, the Work, wholly or in part, may be suspended by written order of the City. If the Contractor, within five (5) days after the date of receipt of such a written order, does not agree to provide the required remedies for such deficiencies, the City may declare this Contract terminated and itself proceed to complete the Work herein specified or engage others to do the same.
The cost of such Work and necessary materials shall be charged against the Contractor and be deducted from Agenda Item #7.6:
5 next or subsequent estimate payment for same. If payments to Contractor are not sufficient to cover the charges, the balance may be recovered from the Contractor or its Sureties. If City declares the Contract terminated pursuant to this paragraph and the amount of any such charges is less than the amount which would have been due to Contractor upon completion of the Work by it, the difference shall be paid it by City; should the amount of said charges exceed the latter, the difference shall be paid by Contractor to City.
16. In the event City declares this Contractterminated pursuant tothe previous paragraph, Contractor shall discontinue Work, and City reserves the further right to take possession of and use any materials or equipment of any nature whatsoever belonging to or used by the Contractor on the Work. All expenses charged under this paragraph shall be deducted and paid by City out of any monies due Contractor under the Contract, and in such accounting City shall not be held to obtain the lowest figure for completing the Contract, but all sums actually paid therefore shall be charged to the Contractor.
17. Contractor shall procure all permits and licenses, including, but not limited to, a City of Sonoma business license, pay all charges and fees and give all notices necessary and incident to the lawful prosecution of the Work and comply with all conditions of any permit, license or authorization allowed. Contractor shall ensure that each subcontractor has all required permits and licenses (including, but not limited to, a City of Sonoma business license), given all required notices and complies with all conditions of any permit, license or authority.
18. Pursuant to Public Contract Code Section 7103.5, Contractor assigns to City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act or under the Cartwright Act arising from purchases of goods, services or materials for this Contract. This assignment shall be made and effective at final payment without further acknowledgment by the parties.
19. Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the City, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he/she shall have given the City due written notice of potential claim.
The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and insofar as possible, the amount of the potential claim. The said notice as above required must have been given to the City prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation if based on an act, or failure to act, by the City, or in all other cases within fifteen (15) days after the happening of the event, thing, occurrence, or other cause giving rise to the potential claim.
20. In the event the Work requires Contractor to dig trenches or other excavations deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify the public entity, in writing, of any:
A. Material that the Contractor believes may be material that is hazardous waste, as defined in §25117 of the Health & Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existinglaw.
B. Subsurface or latent physical conditions at the site differing from those indicated.
C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract.
D. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the Work shall issue a change order under the procedures described in this Contract.
In the event that a dispute arises between City and Contractor, whether the conditions materially differ or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the Work, Contractor shall not be excused from any scheduled completion date provided for by the contract but shall proceed with all Work to be performed under this Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
Agenda Item #7.6:
6 21. Contractor shall comply with all applicable provisions of federal, state and local law including, but not limited to, the following requirements of the California Labor Code:
A. City has obtained from the Director of the State Department of Industrial Relations the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the county in which said work is to be performed for each craft and type of workman or mechanic needed to execute this Contract. These prevailing rates are on file in the City's office and will be made available to any interested party upon request. The Contractor shall post a copy of said prevailing rates at the job site.
Pursuant to Sections 1770, et seq., the Contractor and all subcontractors under him shall pay not less than the prevailing wage rate. The Contractor shall forfeit to the City, as a penalty, Fifty Dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, such laborer, workman or mechanic employed for each calendar day or portion thereof, such laborer, workman, or mechanic who is paid less than the prevailing wage rate for any Work done under this Contract by him, or by any subcontractor under him.
B. Pursuant to Sections 1810, et seq., eight (8) hours of labor shall constitute a legal day's work upon all Work done hereunder, and it is expressly stipulated that no workman employed at any time by the Contractor, or by any subcontractor or subcontractors under this Contract, upon the Work or upon any part of the Work contemplated by this Contract, shall be required or permitted to work thereon more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except as provided in Section 1815; all the provisions whereof are deemed to be incorporated herein, and it is further expressly stipulated that for each and every violation of said last named stipulation, said Contractor shall forfeit, as a penalty to the City, Twenty-five Dollars ($25.00) for each workman employed in the execution of this Contract, or by any subcontractor under this Contract, for each calendar day during which said workman is required to labor more than either (8) hours in violation of the provisions of saidsections of the Labor Code.
C. Contractor shall comply with Section 1776 relating to certified copies of payroll records including the maintenance of these records and their certification and availability for inspection.
D. Contractor agrees to comply with Sections 1777.5, 1777.6 and 1777.7 regarding employment of apprentices. The responsibility for compliance with these provisions if fixed with the prime contractor for all occupations.
E. In the event the Work involves the excavation of any trench(es) five (5) feet or more in depth, Contractor shall submit a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench(es) in accordance with Section 6705.
F. Pursuant to requirements under the California Labor Code, Contractor hereby acknowledges its affirmative obligations related to the Department of Industrial Relations (DIR) compliance and enforcement efforts with respect to prevailing wage requirements on public works projects. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1 (a)]. Contractors and Subcontractors may register with the DIR at https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with DIR pursuant to Labor Code section 1725.5.
This construction of the improvements under this Agreement is subject to compliance monitoring and enforcement by the DIR.
22. In the event that any scope of work requested by the City to the Contractor may exceed a total amount of $25,000.00, Contractor must then obtain the following bonds: a Performance Bond in the amount of 100% of the estimated contract task price and a Payment “Labor and Materials” Bond in the amount of 100% of the estimated contract task price, which shall be duly executed by Contractor as Principal and an admitted surety company as Surety prior to City's execution of this Contract. In conjunction with submittal of the bonds, the Contractor shall furnish the original, or a certified copy, of the unrevoked appurtenant Power of Attorney or other instrument authorizing the person who executed the bonds to do so and a certificate from the Clerk of Sonoma County that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled or suspended.
Agenda Item #7.6:
7 23. Contractor shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, sexual orientation, or any other unlawful basis. Employment actions to which this provision applies 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; or in terms, conditions or privileges of employment, and selection for training. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
24. This contract is further subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the contractor, for the response to such claims by the contracting public City, for a mandatory meet and confer conference upon the request of the contractor, for mandatory nonbinding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This contract hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
25. This Agreement is subject to Government Code Section 84308, as amended by SB 1439. Contractor shall disclose any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent. Contractor shall provide a signed copy of the attached Campaign Contribution Disclosure Form to the City prior to, or concurrent with, the Contractor’s execution of this Agreement.
26. Under no circumstances shall Contractor or its employees look to the City as an employer. Contractor shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Contractor’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Contractor specifically assumes the responsibility for making such a determination.
Contractor shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.
27. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility ofCity.
28. Contractor shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.
29. Compliance with Laws.
A. General. Contractor shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Contractor represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required for Contractorto practice its profession. City is notresponsible or liable for Contractor’s failure to comply with any or all of the requirements contained in this paragraph or in this Agreement.
Agenda Item #7.6:
8 B. Workers’ Compensation. Contractor certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor certifies that it will comply with such provisions before commencing performance of this Agreement and at all times in the performance of the Agreement.
C. Injury and Illness Prevention Program. Contractor certifies that it is aware of and hascomplied with the provisions of California Labor Code Section 6401.7, which requires every employer to adopt a written injury and illness prevention program.
D. City’s Living Wage Ordinance. Unless otherwise exempt in accordance with the provisions of the Ordinance, this contract is subject to the applicable provisions of the Living Wage Ordinance (LWO) of the City as amended from time to time and can be found at https://www.sonomacity.org/living-wage-law/ and is incorporated by reference into and made a part of this Agreement.
(1) The Contractor assures payment of a minimum wage rate to employees as defined in the LWO and as may be adjusted each July 1 and provision of benefits as defined in the LWO. (2) The Contractor, whether an employer, as defined in the LWO, or any other person employing individuals, shall not discharge, reduce in compensation, or otherwise discriminate against any employee for complaining to the City with regard to the employer’s compliance or anticipated compliance with the LWO.
(3) Any Subcontract entered into by the Contractor relating to this Agreement shall be subject to the provisions of the LWO.
(4) The Contractor shall, immediately upon execution of Contract, provide notification to all affected employees of the wage required to be paid pursuant to the LWO. (5) The Contractor shall provide, upon demand by City, documents and information verifying compliance with the requirements of theLWO.
(6) The City shall have the authority, under appropriate circumstances, to terminate this contract and otherwise pursue legal remedies that may be available if the City determines that the subject Contractor has violated provisions of the LWO.
E. Business Licenses. Except as otherwise allowed by City in its sole discretion, Contractor and all subcontractors shall have acquired, at Contractor’s expense, a business license from the City in accordance with Chapter 5.04 of the Sonoma Municipal Code, prior to City’s issuance of an authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term of this Agreement. City may withhold compensation from Contractor until such time as Contractor complies with this section.
F. City Not Responsible. The City is not responsible or liable for Contractor’s failure to comply with any and all of said requirements.
G. Completion of the Work shall be in conformance with applicable provisions of the City of Sonoma Standard Plans and State of California Department of Transportation Standard Specifications 2018.
SIGNATURES ON NEXT PAGE
Agenda Item #7.6:
9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written.
Contractor City of Sonoma
By: By:
Name: David Guhin
Date: Date:
City Manager
Agenda Item #7.6:
EXHIBIT A
CONTRACTOR PROPOSAL AND PROPOSAL SUPPLEMENT
Agenda Item #7.6:
:
SCHEDULE OF VALUES
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D A T E:
October 30, 2025
T O: R E F E R E N C E:
City of Sonoma Public Works Lovall Valley Rd Bridge Emergency Waterline Repairs 19728 8th St E Plans: GHD Civil Site Plan Sheet C-101
Sonoma, CA 94976 Plot Date October 28th, 2025
P R I C I N G:
ITEMS DESCRIPTION: QTY UM UP TOTAL
1 Emergency Waterline Repair at Lovall Valley Rd
Bridge 1 LS $40,450 $40,450
2 T&M Allowance: Address Potential Conflict w/ Tree
Stump 1 LS $5,000 $5,000
TOTAL $45,450
Pricing is based upon the following clarifications and exclusions C L A R I F I C A T I O N S:
Items w/ quantities are offered to provide context. Work to be paid 100% upon completion - Includes cost to demo/offhaul/dispose of the existing 8” waterline to facilitate the new improvements
- Crew to excavate and expose the existing pipe at each end of the bridge where the waterline continues underground.
- Once exposed the section of waterline to be removed will be isolated and drained prior to removal.
- The crew will then sawcut the existing pipe below the existing grade and will remove the section of pipe and the brackets that span the bridge.
Agenda Item #7.6:
P a g e | 2
- The crew will then bolt up the new waterline section and place the new brackets on the side of the bridge. Once bolted up and the brackets are installed, the crew will connect the new section of pipe at each end of the bridge by way of a mechanical joint sleeve connecting the new section to the existing pipe that extends underground.
- The cost to install a saddle and ARV on the new pipe section is included. - One-way reversing traffic control to conduct the work is included. - 2 shifts are estimated to complete the scope of work.
E X C L U S I O N S:
• Bac-t & Hydrostatic Pressure Test of the newly installed line • Concrete Thrust Blocks
• Engineering, staking, surveying, testing, inspection, permits, consultants and fees. • Storm water monitoring, data collection or entering into the SMARTs system. • Biological, archeological, or cultural monitoring.
• Cost of bonds.
• Removal or relocation of utilities in conflict with proposed work. • Removal, handling and/or transportation of any hazardous and/or contaminated materials. • Relocate, remove, cap, plug, support or adjust existing utilities. • Well and septic work.
• Temporary sediment basins or active treatment systems. • Dust control.
• Protection of completed items of work from other construction activities and removal and/or replacement if damaged by others.
• Repair of existing utilities that are not marked or are within 12 inches of finish sub grade elevations which are damaged by sub grading operations.
• Repair or replacement of asphalt concrete.
• Removal of abandoned underground or near-surface structures, foundations, or utilities.
C O N T A C T I N F O R M A T I O N
Sean Sullivan
Project Manager, Coastal Region
Cell: (408) 220-3780
[email protected]
Agenda Item #7.6:
TOP OF (E) PARAPET WALL (E) WING WALL (E) WING WALL 8" DIP PIPE PER PLAN (E) PIPE EG 45° BEND PER PLAN 45° BEND PER PLAN PIPE SUPPORT PER PLAN PIPE SUPPORT PER PLAN PIPE SUPPORT PER PLAN (E) PIPE 2" (E) PARAPET WALL TOP OF WING WALL BEYOND PIPE PER PLAN EMBED, TYP L2x2x3/8 HDG DIAGONAL L3x3x3/8 HDG L3x3x3/8 HDG 10 INCH GALV. U-BOLT 5/8" DIA WITH LOCKING WASHERS AND NUTS 3/16 EA END OF ANGLE 1'-4" (2) 1/2" Ø HAS THREADED ROD F1544 G. 55 HDG W/ HILTI-HY 200 V3 OR EQUAL, MIN 6" EMBED 8" CLR
MIN, TYP 1'-4" NOTE: 1. ALL STEEL SHAPES, BOLTS AND NUTS TO BE GALVANIZED. 2. SHEET SHAPES TO BE A36 STEEL. 3/16 B-LIB 2" EA END, TYP
3" EA END, TYP
1 EXISTING CONDITIONS AND DEMOLITION PLAN SCALE: 1" = 2' Project Client Plot Date: 28 October 2025 - 6:54 PM Plotted By: Nicolas Tortora \\ghdnet\ghd\US\Santa Rosa\Projects\561\12675086\Digital_Design\ACAD\Sheets\12675086-GHD-00-00-SIT-CI-D101.dwg 0 Bar is one inch on
original size sheet Approved Date Author Drafting Check Designer Project Director Project No. Date Filename: Sheet No. This document and the ideas and designs incorporated herein, as an instrument of professional service, is the property of GHD. This document may only be used by GHD’s client (and any other person who GHD has agreed can use this document) for the purpose for which it was prepared and must not be used by any other person or for any other purpose. www.ghd.com Title 1" No. Issue Checked Design Check Project Manager Conditions of Use Scale Sheet ANSI D Size Status Code of M. WARGULA B. SILVA CITY OF SONOMA LOVALL VALLEY RD WATERMAIN SUPPORTS 12675086 2025-10-22 AS SHOWN PRELIMINARY 1 2 SITE PLAN SCALE: 1" = 2' (E) EDGE OF PAVEMENT (E) PARAPET WALL (E) WING WALL (E) WING WALL 10"
10" DEMO (E) HANGING PIPE SUPPORTS (TYP) DEMO (E) 45° ELL "LOK-TYTON" PLACED IMMEDIATELY BEHIND WING WALL SAVE AND PROTECT (E) 8" DIP DEMO (E) 8" CL CLASS 250 LOK-TYTON JOINT DEMO (E) 45° ELL "LOK-TYTON" PLACED IMMEDIATELY BEHIND WING WALL (E) WING WALL (E) WING WALL 10"
10" DEMO (E) MECHANICAL JOINT
3" MIN INSTALL 8" DIP (CLASS 150 CEMENT LINED) INSTALL ROLLED 45° BEND (MJxMJ) CONNECT TO (E) PIPE (E) 8" DIP (E) 8" DIP (E) EDGE OF PAVEMENT (E) PARAPET WALL (E) 8" DIP INSTALL 45° BEND (MJxMJ) CONNECT TO (E) PIPE +/- 2'-5" 18' FLANGED CONNECTION 3 PROFILE SCALE: 1" = 2' N. TORTORA N. TORTORA P. TORTORA P. TORTORA CIVIL SITE PLAN C-101 PRELIMINARY 1 INSTALL (3) PIPE SUPPORTS (TYP), SEE DETAIL THIS SHEET 4 PIPE SUPPORT DETAIL SCALE: NTS PIPE SUPPORTS 6'-0" MAX SAVE AND PROTECT (E) *" DIP INSTALL ARV Agenda Item #7.6:
Mechanical Joint Fittings-C153 | U.S. PIPE A Quikrete® Company 14
SPECIFICATIONS
MECHANICAL JOINT SLEEVES - CLASS 350
FITTING SIZE
(inches)
DIMENSIONS (inches) SHORT SLEEVE
MINIMUM WEIGHT
(lbs)
LONG SLEEVE
MINIMUM WEIGHT
T nominal L (lbs) 1
nominal L2nominal
4" 0.34 7.5 12.0 17 20
6" 0.36 7.5 12.0 28 33
8" 0.38 7.5 12.0 38 46
10" 0.40 7.5 12.0 49 62
12" 0.42 7.5 12.0 56 76
14" 0.47 9.5 15.0 111 140
16" 0.50 9.5 15.0 123 170
18" 0.54 9.0 15.0 160 200
20" 0.57 9.0 15.0 195 255
24" 0.61 9.0 15.0 255 335
30" 0.72 15.0 24.0 500 640
36" 0.77 15.0 24.0 725 925
Mechanical Joint Sleeves C153 Class 350
42” and 48” Class 250
Agenda Item #7.6:
HDSS®
High Deflection, High
Pressure Restrained Pipe
PIPE
FABRICATION
RESTRAINED JOINTS
FITTINGS
GASKETS
COATINGS & LININGS
Agenda Item #7.6:
GENERAL INFO
Pipe 4"–54" 3
Suggested Specification Wording 4
ASSEMBLY INSTRUCTIONS
TYTON GASKET® Installation 5
HDSS Pipe Assembly 6
SPECIFICATIONS
Basic Dimensions 7
Pressure Class (Thickness,
Dimension & Weight) 8
Thickness Class (Thickness,
Dimension & Weight) 10
CONTENTS
Agenda Item #7.6:
HDSS® | U.S. PIPE A Quikrete® Company 3
ANSI/AWWA STANDARDS
ANSI/AWWA C151/A21.51 “DuctileIron Pipe, Centrifugally Cast, for Water.”
Asphaltic outside coating and inside
lining are in accordance with ANSI/
AWWA C151/A21.51.
ANSI/AWWA C153/A21.53 “DuctileIron Compact Fittings For Water Service” or ANSI/AWWA C110/
A21.10 “Ductile-Iron and Gray-Iron
Fittings, 3 In. Through 48
In., For Water.”
HDSS Fittings conform to applicable
requirements of ANSI/AWWA C153/
A21.53 or ANSI/AWWA C110/A21.10.
ANSI/AWWA C104/A21.4 “CementMortar Lining for Ductile-Iron Pipe and Fittings for Water.”
Cement lining, in accordance with
ANSI/AWWA C104 or special linings
and/or coatings can be furnished for
specific conditions.
ASTM A746-03 Standard
Specification for Ductile Iron
Gravity Sewer Pipe.
ASTM A716-08 Standard
Specification for
Ductile Culvert Pipe.
ASTM A536 Standard Specification
for Ductile Iron Castings.
ASTM C150 Standard Specification
for Portland Cement
NOTE: If specifiers or users believe that corrosive soils will be encountered where our products are to be installed, please refer to ANSI/AWWA C105/A21.5 “Polyethylene Encasement for Ductile Iron Pipe Systems” for proper external protection procedures.
For certain wastewater applications a ceramic epoxy lining is available–see PROTECTO 401™ Ceramic Epoxy Lined Pipe and Fittings Brochure.
NOTE: Each of the following is a nationally recognized standards organization:
American National Standards Institute (ANSI), American Water Works Association (AWWA), American Society for Testing and Materials (ASTM), Underwriters Laboratories (UL), National Fire Protection Association (NFPA), National Sanitation Foundation (NSF), Factory Mutual (FM)
GENERAL INFO
PIPE 4"–54"
HDSS® Pipe can provide a true 350psi working pressure with a flexible restrained push-on joint for 4" - 54" ductile Iron pipe. The HDSS Restrained Joint has a working pressure rating that matches the class of pipe it is used with. 36" through 54" HDSS provide 2.0° deflection, 30" provides 2.5°, 16" through 24" HDSS provides up to 4.0° deflection, and 4" through 12" provides up to 5° deflection to allow for alignment and settlement issues in buried applications. The simple robust design, high deflection coupled with the strongest joint on the market also make it ideal for; bridge piping, horizontal directional drilling (HDD) and pipe bursting applications.
To facilitate quick, easy and trouble free installation, ductile Iron locking segments are inserted through a single slot in the bell face and slid into position around the bell to provide a positive axial lock between the bell interior surface and a retainer weldment on the spigot end of the pipe. A rubber retainer installed between the locking segments completes the installation and insures the segments stay in place while the joint is extended to engage the restraint. The HDSS joint can be easily disassembled by reversing the installation procedure with no need of special tools or shims.
HDSS Pipe utilizes the conventional TYTON JOINT® Gasket for reliable sealing.
HDSS spigot ends are compatible with 4"–36" TR FLEX® Pipe and Fittings. When 30"- 36" TR Flex Fittings are used the fitting joint rating will be 250 psi or less depending on the class of pipe used. 4" through 24" TR FLEX fittings have a 350 psi joint rating depending on the class of pipe used.
For fire protection service, 4" through 12" pipe and fittings are approved by Factory Mutual for 350 psi.
Pipe for wastewater service may be furnished in accordance with ASTM 746 Standard Specification for Ductile Iron Gravity Sewer Pipe. For certain wastewater applications, a ceramic quartz filled, amine cured, novalac epoxy lining is available — see PROTECTO 401™ Ceramic Epoxy Lined Pipe and Fittings brochure. *For higher pressure ratings, consult your U.S. Pipe Sales Representative.
For a suggested design procedure for the restraint of thrust forces in pressurized, buried Ductile Iron piping systems, the design engineer should refer to the current DIPRA publication “Thrust Restraint Design for Ductile Iron Pipe” or the U.S. Pipe Brochure “The Use And Application of Restrained Joints for Ductile Iron Pipelines.” Ductile iron pipe manufactured by U.S. Pipe is natural, safe, sustainable, and produced in the United States of America. The raw material for U.S. Pipe ductile iron pipe has an average minimum content consisting of 90% recycled iron and steel that is sourced from local scrap suppliers. Ductile iron pipe itself is 100% recyclable.
With a service life of 100+ years, Ductile iron pipe is an environmentally superior pipe with lower greenhouse gas emissions in both the production and operation phase, as it requires less energy and has a lower environmental impact.
Agenda Item #7.6:
4 To learn more visit our website at www.uspipe.com
When joint restraint for 4" - 54" push-on joint pipe installation is required and indicated in the project plans and specifications, restrained push-on joint pipe and fittings utilizing Ductile Iron components shall be provided.
Restrained joint pipe shall be Ductile Iron manufactured in accordance with the requirements of ANSI/AWWA C151/A21.51. Push-on joints for such pipe shall be in accordance with ANSI/AWWA C111/A21.11 "Rubber-Gasket Joints for Ductile-Iron Pipe and Fittings." Pipe thickness shall be designed in accordance with ANSI/AWWA C150/A21.50 “Thickness Design of Ductile-Iron Pressure Pipe,” and shall be based on laying conditions and internal pressures as stated in the project plans and specifications.
Restrained joint fittings and the restraining components shall be manufactured of Ductile Iron per grade 70-50-05 in accordance with applicable requirements of ANSI/AWWA C110/A21.10 and/or C153/ A21.53 with the exception of the manufacturer’s proprietary design dimensions. Push-on joints for such fittings shall be in accordance with ANSI/AWWA C111/A21.11.
Restrained push-on joints for pipe and fittings shall utilize individual Ductile-iron locking segments that are inserted through a single slot in the bell face and be easily removed. The pressure rating of the joint shall equal the pressure rating of the pipe when deflected to its maximum joint deflection. Restrained joint pipe shall be U.S. Pipe’s HDSS Pipe, and Fittings shall be U.S. Pipe's TR Flex or HP LOK® or approved equal. Restraint of field cut pipe shall be provided with U.S. Pipe’s HDSS Pipe field weldments or approved equal.
Cement mortar lining and seal coating for pipe and fittings, where applicable, shall be in accordance with ANSI/AWWA C104/A21.4.
Asphaltic outside coating shall be in accordance with ANSI/AWWA C151/A21.51 for pipe and ANSI/AWWA C110/A21.10 or ANSI/AWWA C153/A21.53 for fittings.
NOTE FOR FIELD WELDING
U.S. Pipe does not recommend, suggest or condone welding on zinc coated pipe without the zinc coating being removed from the weld location. All safety and health precautions as per ANSI/AWS D11.2 Guide for Welding Iron Castings – Section 10 and Appendix F – Safety and Health Fact Sheets, should be followed for safe welding practices and the removal of the zinc coating prior to welding.
GENERAL INFO
SUGGESTED SPECIFICATION WORDING
Agenda Item #7.6:
HDSS® | U.S. PIPE A Quikrete® Company 5
ASSEMBLY INSTRUCTIONS
TYTON JOINT® GASKET INSTALLATION
All foreign matter in the socket must be removed, i.e., mud, sand, cinders, gravel, pebbles, trash, frozen material, etc. The gasket seat should be thoroughly inspected to be certain it is clean. Foreign matter in the gasket seat may cause a leak. The gasket must be wiped clean with a clean cloth, flexed, and then placed into the socket with the rounded bulb end entering first.
Looping the gasket in the initial insertion will facilitate seating the gasket heel evenly around the retainer seat. 4" through 10" require one loop, 12" through 20" require one to two loops, 24" through 36" require two to three loops, 42" through 54" require three to four loops. Evenly space the loops around the socket with each loop raised 4-5 inches. After loops are established, push each loop down to finish installation of the gasket. When installing Tyton Joint Pipe in sub-freezing weather, the gaskets, prior to their use, must be kept at a temperature of at least 40°F by suitable means, such as storing in a heated area or keeping them immersed in a tank of warm water. If the gaskets are kept in warm water, they should be dried before placing in the pipe socket.
LUBRICATION
After the gasket has been installed into the bell, a thin film of Tyton Joint Lubricant should be applied to the inside surface of the gasket which will come in contact with the beveled end of the pipe. In warm, dry weather conditions, the lubricant can dry out, especially when applied to warm or hot pipe, it will be necessary to add a small amount of water to hydrate the lubricant. Only Tyton Joint Lubricant should be used.
CAUTION: The use of spray-on lubricant is not recommended. Experience has determined that spray-on lubricant may not have sufficient lubricity to allow joint assembly without gasket displacement.
Clean the spigot end of the pipe back to the assembly stripes. Apply Tyton Joint Lubricant to the cleaned spigot end. Do not allow the lubricated surface to touch the ground or trench sides prior to installation.
INSERTION SLOT ORIENTATION
GASKET INSTALLATION
4"–54"
4"–24"
30"–54"
Agenda Item #7.6:
6 To learn more visit our website at www.uspipe.com
ASSEMBLY INSTRUCTIONS
PIPE 4"–54"
Components required for each joint:
3 HDSS Locking Segments for 4"-10"
5 HDSS Locking segments for 12"
6 HDSS Locking segments for 14-20"
12 HDSS Locking Segments for 24"–36"
15 HDSS Locking Segments for 42"–54"
1 Tyton Joint Gasket
1 Rubber Retainer
Tyton Joint Lubricant (refer to page 4)
Pipe Bell
Pipe Spigot
Weld Bead
Installation Tips
Fold and insert rubber retainer/s in
a “U” shape as shown for normal
buried applications.
Installation Tips
For applications involving HDD,
pipe bursting, bridge crossings, pipe
in casings and above ground use.
Trim rubber retainer/s 0.25” longer
than the gap between the locking
segments when they are inserted into
the segment cavity. Drive the rubber
retainer to the back of the cavity. The
rubber is in compression and secure.
1. The gasket and HDSS locking
segment cavity of the bell must
be clean and free of debris or any
foreign matter.
2. Install the gasket in the bell. Do not
lubricate gasket prior to installing bell.
3. Lubricate the gasket and spigot
end of the mating pipe with TYTON
JOINT® Lubricant.
4. Position the pipe so that the slot in
the bell is in a 10 to 2 o’clock location,
this will enable easy installation of
the locking segments, especially in
larger pipe sizes.
5. Insert the spigot end into the bell.
The installer must make sure that the
spigot end is fully homed in the bell
and not deflected.
6. Insert the locking segments (large
end first) into the slot in the bell
and slide the segment left or right
allowing it to slide to the bottom
of the bell. Continue sliding the
segments around the pipe until all
are inserted and positioned as shown,
See photos to right.
7. Install the Rubber retainer in between
the locking segments at the Bell Slot.
8. Extend the joint to remove the slack
in the locking segment cavity. Joint
extension is necessary to attain the
marked laying length on the pipe and
to minimize growth or extension of
the line as it is pressurized.
9. Subaqueous/underwater applications
notes. Underwater installations
are difficult and require special
attention to be successful. If pipe
will be assembled under water,
please contact USP for additional
assistance that will aid underwater
assembly. USP does not recommend
choker straps or cables be used to
assemble pipe joints underwater.
Experience has shown the use of
such devices do not provide enough
axial force for assembly. Additionally,
use of choking type devices can
damage special coatings and
polyethylene encasement meant to
protect the pipe from corrosion. The
preferred method to assemble joints
underwater is to use the back-hoe
bucket to push against the bell.
Special subaqueous lube must also be
used for the gasket and spigot.
SPIGOT END
ASSEMBLY
STRIPES
RUBBER RETAINER
SLOT
GASKET
WELD BEAD
LOCK SEGMENTS
Disassembly
To disassemble the HDSS joint, notches in the blue restraining segments allow sliding the individual segments back around and out of the single bell recess. Follow these steps to disassemble the joint: 1) push the spigot in until it fully homes into the bell- the joint should not be deflected when removing the restraining segments. 2) use a small screwdriver that will fit between the pipe barrel, bell and into the notches, or cut outs, in the blue HDSS restraining segments. 3) Slide the segments up to the slot and pull them out.
Once all the restraining segments are removed, the joint can be pulled apart.
Agenda Item #7.6:
HDSS® | U.S. PIPE A Quikrete® Company 7
ASSEMBLY INSTRUCTIONS
PIPELINE EXPANSION
A
L
Y
INCHES FEET
SIZE DIMENSION PULLOUT
A B Maximum
4 12.75 10.25 0.03
6 14.00 11.00 0.04
8 15.25 12.00 0.04
10 15.75 12.25 0.05
12 16.50 13.00 0.05
14 19.75 15.25 0.05
16 20.25 15.50 0.05
18 21.00 16.00 0.05
20 21.50 16.25 0.05
24 23.00 17.25 0.05
30 26.25 19.00 0.05
36 28.00 20.25 0.05
42 27.25 32.00 0.12
48 28.25 33.00 0.13
54 28.50 33.00 0.10
Table 1.
Minimum Laying Lengths and Average Pullout for Each HDSS Pipe or Fittings Socket
HDSS PIPE AND FITTINGS
SOCKET PULL OUT
(Linear Expansion Within The Assembled Socket)
In HDSS Pipe and Fitting sockets, there is a small amount of slack or pullout available at each joint. This pullout, or expansion capability, is the result of clearance inside the socket required for the insertion of the locking segments. The expansion can be minimized by extending the joint after installing the locking segments and prior to setting the joint deflection.
The expansion of the joint in both pipe and fitting sockets must be considered, particularly in the following cases:
a. When HDSS Pipe is used above ground
(bridge crossings, on piers, etc.)
b. When HDSS Pipe is used in poor soil
conditions (swamps, marshes, etc.)
c. When long lengths of HDSS Pipe are required
for restraint due to high operating pressures
and/or unfavorable soil parameters
d. Where HDSS Pipe is used inside casing pipe
e. Where HDSS Pipe and Fittings are in vertical alignment When HDSS Pipe is used inside a casing pipe, it is recommended that the assembled pipe be pulled through the casing. Additional security may be required to ensure that the locking segments are adequately retained in the socket during such installation.
Please note that if the joint is not extended during assembly, the expansion per joint during line pressurization will increase the length of a 1000 foot long installation by 2 to 5 feet, depending upon the pipe size. (Refer to Table 1 for the Pullout at each joint.)
MINIMUM LAYING LENGTHS
FOR HDSS PIPE
The following drawings and dimensions in Table 1 define the minimum lengths for HDSS pipe when furnished in either
Plain End x Plain End, or Bell x Plain End. The minimum laying lengths are determined on the basis of the socket depth and the minimum space required in front of the pipe bell face to insert the locking segments. These minimum laying lengths must be considered when ordering factory cut lengths or field cutting HDSS Pipe.
Agenda Item #7.6:
8 To learn more visit our website at www.uspipe.com
ASSEMBLY NOTES
1. Most restrained joints allow for joint take-up after installation. The amount of take-up or slack can vary
considerably with the type of joint and installation
conditions. Thrust forces produced by internal
pressures can result in removal of this joint takeup thereby increasing the length of the restrained section of the line. In any situation or configuration
where increases in the line segment length could
be detrimental to the pipeline or surrounding
structures, the restrained joints should be fully
extended during installation.
2. An increase in line segment length can also result in additional joint deflection. If an increase in length or other line movement are anticipated, the deflection
of the restrained joints should be limited to only a
portion of the joint design deflection during the
installation of the pipe.
3. In fully extended, totally restrained piping systems, the thrust forces are carried by the piping system,
and the resistance to the thrust is not dependent
upon the surrounding soil. In situations where
there is insufficient space to provide the designed
restrained length, or where there are poor soil
conditions, the entire section of line should be
restrained or other external means of stability or
restraint provided.
4. When HDSS Pipe is used in casings, it is preferred
that it is pulled. Pulling will fully extend the joints and take up the joint slack prior to making end
connections. If the pipe must be pushed contact
a U.S. Pipe Sales Representative for special
instructions. The length of restraint in the casing
should not be considered as part of the designed
length of the restraint required to provide the soil
resistance to the thrust forces.
5. Above ground lines subject to thrust forces should
be fully restrained and extended to remove any slack
from the joint. The joint can be extended by pulling
out on the pipe after the restrained joint assembly
is made. The thrust forces can cause an unexpected
increase in length of an above ground line if the
slack is not first removed from the joint. When
restrained joint pipe are used for bridge crossings
or other above ground installations, each length of
pipe must be supported in a manner to restrict both
vertical and horizontal movement.
6. Vertical applications with HDSS Joints. Joints used
in vertical installations up to 45° must be kept
extended and a support pier provided at both
horizontal pipe sections, or bends, adjacent to
the portion of vertical pipe. A support pier is not
needed in installations where the bottom bend is
buried. Failure to keep joints extended can result
in unwanted line growth or joint separation from
dynamic impact loading.
Agenda Item #7.6:
HDSS® | U.S. PIPE A Quikrete® Company 9
SPECIFICATIONS
BASIC DIMENSIONS
INCHES INCHES POUNDS DEGREES FEET
SIZE A B C SEGMENTSa RUBBER LOCKING
RETAINERS
ACCESSORY
WEIGHTSb DEFLECTION PULLOUT
4 4.80 7.00 4.84 3 1 2 5.0 0.03
6 6.90 9.27 5.27 3 1 2 5.0 0.04
8 9.05 11.68 5.82 3 1 3 5.0 0.04
10 11.10 14.12 6.03 3 1 5 5.0 0.05
12 13.20 16.43 6.30 5 1 8 5.0 0.05
14 15.30 18.80 7.75 6 1 12 4.0 0.05
16 17.40 21.46 7.95 6 1 15 4.0 0.05
18 19.50 23.40 8.19 6 1 17 4.0 0.05
20 21.60 26.07 8.40 6 1 28 4.0 0.05
24 25.80 30.25 8.86 12 1 36 4.0 0.05
30 32.00 36.38 10.28 12 1 60 2.5 0.05
36 38.30 43.35 10.87 12 1 85 2.0 0.05
42 44.50 50.28 10.71 15 1 92 2.0 0.12
48 50.80 56.95 11.01 15 1 129 2.0 0.13
54 57.56 63.96 11.12 15 1 135 2.0 0.10
NOTE: These deflections are based on joints with nominal dimensions. aNumber of segments.
bAccessory weights include segments, gaskets, and rubber retainers.
Agenda Item #7.6:
10 To learn more visit our website at www.uspipe.com
SPECIFICATIONS
PRESSURE CLASS (Thickness, Dimension & Weight)
INCHES PSI INCHES POUNDS
SIZE PRESSURE
CLASS
NOMINAL
THICKNESS
OUTSIDE
DIAMETERa WEIGHT PER LENGTHb BARREL WEIGHT
18-FOOT
LAYING LENGTH
20-FOOT LAYING
LENGTH PER FOOT
4 350 0.25 4.8 213 - 10.9
6 350 0.25 6.9 313 345 16.0
8 350 0.25 9.05 417 459 21.1
10 350 0.26 11.1 538 592 27.1
12 350 0.28 13.2 725 765 34.8
14 250 0.28 15.3 - 925 40.4
14 300 0.3 15.3 - 983 43.3
14 350 0.31 15.3 - 1011 44.7
16 250 0.30 17.4 1029 1128 49.3
16 300 0.32 17.4 1087 1192 52.5
16 350 0.34 17.4 1146 1258 55.8
18 250 0.31 19.5 - 1312 57.2
18 300 0.34 19.5 - 1420 62.6
18 350 0.36 19.5 - 1492 66.2
20 250 0.33 21.6 1414 1549 67.5
20 300 0.36 21.6 1522 1669 73.5
20 350 0.38 21.6 1594 1749 77.5
24 200 0.33 25.8 1723 1885 80.8
24 250 0.37 25.8 1898 2079 90.5
24 300 0.40 25.8 2028 2223 97.7
24 350 0.43 25.8 2157 2367 104.9
30 150 0.34 32.0 2246 2398 103.5
30 200 0.38 32.0 2464 2633 115.5
30 250 0.42 32.0 2682 2869 127.5
30 300 0.45 32.0 2845 3046 136.5
30 350 0.49 32.0 3061 3280 148.4
36 150 0.38 38.3 3018 - 138.5
36 200 0.42 38.3 3279 - 152.9
36 250 0.47 38.3 3605 - 170.9
36 300 0.51 38.3 3866 - 185.3
36 350 0.56 38.3 4190 - 203.2
Table continued on next page.
Agenda Item #7.6:
HDSS® | U.S. PIPE A Quikrete® Company 11
SPECIFICATIONS
PRESSURE CLASS (Thickness, Dimension & Weight) Continued
INCHES PSI INCHES POUNDS
SIZE PRESSURE
CLASS
NOMINAL
THICKNESS
OUTSIDE
DIAMETERa WEIGHT PER LENGTHb BARREL WEIGHT
18-FOOT
LAYING LENGTH
20-FOOT LAYING
LENGTH PER FOOT
42 150 0.41 44.5 3820 - 173.8
42 200 0.47 44.5 4272 - 198.9
42 250 0.52 44.5 4650 - 219.9
42 300 0.57 44.5 5025 - 240.7
42 350 0.63 44.5 5475 - 265.7
48 150 0.46 50.8 - 5355 222.6
48 200 0.52 50.8 - 5930 251.3
48 250 0.58 50.8 - 6500 280.0
48 300 0.64 50.8 - 7075 308.6
48 350 0.70 50.8 - 7645 337.1
54 150 0.51 57.6 - 6657 279.7
54 200 0.58 57.6 - 7417 317.7
54 250 0.65 57.6 - 8175 355.6
54 300 0.72 57.6 - 8931 393.4
54 350 0.79 57.6 - 9685 431.1
NOTE: Per ANSI/AWWA C150/A21.50 the thicknesses in above table include the 0.08" service allowance and the casting tolerance by size ranges.
Pressure Classes are defined as the rated water pressure of the pipe in psi. The thicknesses shown are adequate for the rated water working pressure plus a surge allowance of 100 psi. Calculations are based on a minimum yield strength of 42,000 and a 2.0 safety factor times the sum of the working pressure and 100 psi surge allowance.
Thicknesses and dimensions of 4" through 54" Ductile Iron pipe conform to ANSI/AWWA C151/A21.51.
Weights may vary from the standard because of differences in bell weights. aTolerance of O.D. of spigot end: (4-12 in., ±0.06 in.), (16–24 in., +0.05 in., -0.08 in.), (30–54 in., +0.08 in., -0.06 in.). bIncluding bell; calculated weight of pipe rounded off to nearest 5 lbs.
Agenda Item #7.6:
12 To learn more visit our website at www.uspipe.com
SPECIFICATIONS
THICKNESS CLASS (Thickness, Dimension & Weight)
INCHES INCHES POUNDS
SIZE THICKNESS
CLASS
NOMINAL
THICKNESS
OUTER
DIAMETERa WEIGHT PER LENGTHb BARREL WEIGHT
18-FOOT LAYING
LENGTH
20-FOOT LAYING
LENGTH PER FOOT
4 51 0.26 4.8 220 241 11.3
4 52 0.29 4.8 244 267 12.6
4 53 0.32 4.8 265 290 13.8
4 54 0.35 4.8 287 314 15.0
4 55 0.38 4.8 307 336 16.1
4 56 0.41 4.8 328 360 17.3
6 50 0.25 6.9 312 343 16.0
6 51 0.28 6.9 345 378 17.8
6 52 0.31 6.9 378 414 19.6
6 53 0.34 6.9 410 451 21.4
6 54 0.37 6.9 443 486 23.2
6 55 0.4 6.9 475 521 25.0
6 56 0.43 6.9 506 555 26.7
8 50 0.27 9.1 447 488 22.8
8 51 0.3 9.1 491 535 25.2
8 52 0.33 9.1 536 584 27.7
8 53 0.36 9.1 578 631 30.1
8 54 0.39 9.1 622 679 32.5
8 55 0.42 9.1 663 725 34.8
8 56 0.45 9.1 707 772 37.2
10 50 0.29 11.1 592 652 30.1
10 51 0.32 11.1 648 714 33.2
10 52 0.35 11.1 700 774 36.2
10 53 0.38 11.1 752 833 39.2
10 54 0.41 11.1 806 892 42.1
10 55 0.44 11.1 860 952 45.1
10 56 0.47 11.1 910 1010 48.0
12 50 0.31 13.2 790 837 38.4
12 51 0.34 13.2 855 909 42.0
12 52 0.37 13.2 920 981 45.6
12 53 0.4 13.2 985 1053 49.2
12 54 0.43 13.2 1049 1125 52.8
12 55 0.46 13.2 1112 1195 56.3
12 56 0.49 13.2 1177 1267 59.9
Table continued on next page.
Agenda Item #7.6:
HDSS® | U.S. PIPE A Quikrete® Company 13
Table continued on next page.
INCHES INCHES POUNDS
SIZE THICKNESS
CLASS
NOMINAL
THICKNESS
OUTER
DIAMETERa WEIGHT PER LENGTHb BARREL WEIGHT
18-FOOT LAYING
LENGTH
20-FOOT LAYING
LENGTH PER FOOT
14 50 0.33 15.3 - 1067 47.5
14 51 0.36 15.3 - 1151 51.7
14 52 0.39 15.3 - 1235 55.9
14 53 0.42 15.3 - 1319 60.1
14 54 0.45 15.3 - 1401 64.2
14 55 0.48 15.3 - 1485 68.4
14 56 0.51 15.3 - 1567 72.5
16 50 0.34 17.4 1146 1258 55.8
16 51 0.37 17.4 1233 1354 60.6
16 52 0.4 17.4 1319 1450 65.4
16 53 0.43 17.4 1404 1545 70.1
16 54 0.46 17.4 1490 1640 74.9
16 55 0.49 17.4 1577 1736 79.7
16 56 0.52 17.4 1661 1830 84.4
18 50 0.35 19.5 - 1456 64.4
18 51 0.38 19.5 - 1564 69.8
18 52 0.41 19.5 - 1672 75.2
18 53 0.44 19.5 - 1780 80.6
18 54 0.47 19.5 - 1888 86.0
18 55 0.5 19.5 - 1994 91.3
18 56 0.53 19.5 - 2102 96.7
20 50 0.36 21.6 1522 1669 73.5
20 51 0.39 21.6 1630 1789 79.5
20 52 0.42 21.6 1738 1909 85.5
20 53 0.45 21.6 1846 2029 91.5
20 54 0.48 21.6 1954 2149 97.5
20 55 0.51 21.6 2060 2267 103.4
20 56 0.54 21.6 2166 2385 109.3
SPECIFICATIONS
THICKNESS CLASS (Thickness, Dimension & Weight) Continued Agenda Item #7.6:
14 To learn more visit our website at www.uspipe.com
INCHES INCHES POUNDS
SIZE THICKNESS
CLASS
NOMINAL
THICKNESS
OUTER
DIAMETERa WEIGHT PER LENGTHb BARREL WEIGHT
18-FOOT LAYING
LENGTH
20-FOOT LAYING
LENGTH PER FOOT
24 50 0.38 25.8 1941 2127 92.9
24 51 0.41 25.8 2071 2271 100.1
24 52 0.44 25.8 2200 2415 107.3
24 53 0.47 25.8 2328 2557 114.4
24 54 0.5 25.8 2458 2701 121.6
24 55 0.53 25.8 2587 2845 128.8
24 56 0.56 25.8 2715 2987 135.9
30 50 0.39 32 2518 2692 118.5
30 51 0.43 32 2736 2928 130.5
30 52 0.47 32 2954 3164 142.5
30 53 0.51 32 3170 3397 154.4
30 54 0.55 32 3387 3631 166.3
30 55 0.59 32 3603 3865 178.2
30 56 0.63 32 3817 4097 190.0
36 50 0.43 38.3 3344 - 156.5
36 51 0.48 38.3 3670 - 174.5
36 52 0.53 38.3 3994 - 192.4
36 53 0.58 38.3 4319 - 210.3
36 54 0.63 38.3 4641 - 228.1
36 55 0.68 38.3 4964 - 245.9
36 56 0.73 38.3 5286 - 263.7
42 50 0.47 44.5 4272 - 198.9
42 51 0.53 44.5 4724 - 224.0
42 52 0.59 44.5 5176 - 249.1
42 53 0.65 44.5 5624 - 274.0
42 54 0.71 44.5 6072 - 298.9
42 55 0.77 44.5 6519 - 323.7
42 56 0.83 44.5 6963 - 348.4
SPECIFICATIONS
THICKNESS CLASS (Thickness, Dimension & Weight) Continued Table continued on next page.
Agenda Item #7.6:
HDSS® | U.S. PIPE A Quikrete® Company 15
INCHES INCHES POUNDS
SIZE THICKNESS
CLASS
NOMINAL
THICKNESS
OUTER
DIAMETERa WEIGHT PER LENGTHb BARREL WEIGHT
18-FOOT LAYING
LENGTH
20-FOOT LAYING
LENGTH PER FOOT
48 50 0.51 50.8 - 5835 246.6
48 51 0.58 50.8 - 6500 280.0
48 52 0.65 50.8 - 7170 313.4
48 53 0.72 50.8 - 7835 346.6
48 54 0.79 50.8 - 8500 379.8
48 55 0.86 50.8 - 9160 412.9
48 56 0.93 50.8 - 9820 445.9
54 50 0.57 57.56 - 7309 312.3
54 51 0.65 57.56 - 8175 355.6
54 52 0.73 57.56 - 9039 398.8
54 53 0.81 57.56 - 9901 441.9
54 54 0.89 57.56 - 10761 484.9
54 55 0.97 57.56 - 11617 527.7
54 56 1.05 57.56 - 12471 570.4
Thicknesses and dimensions of 4" through 54" Ductile Iron pipe conform to ANSI/AWWA C151/A21.51.
Weights may vary from the standard because of differences in bell weights. aTolerance of O.D. of spigot end: (4-12 in., ±0.06 in.), (16–24 in., +0.05 in., -0.08 in.), (30–54 in., +0.08 in., -0.06 in.). bIncluding bell; calculated weight of pipe rounded off to nearest 5 lbs. cConsult with USP for higher pressure applications
SPECIFICATIONS
THICKNESS CLASS (Thickness, Dimension & Weight) Continued U.S. Pipe, A Quikrete® Company, is the leading manufacturer and a principal supplier of highly engineered ductile iron pipe and fabrication in the United States and Canada. Providing custom solutions to owners, engineers and contractors for even the most demanding applications, including water transmission and distribution lines, plant piping, intake and outfall lines, and other diverse applications.
Agenda Item #7.6:
Agenda Item #7.6:
Agenda Item #7.6:
MEGALUG
SERIES 1100
Mechanical Joint Restraint
For Ductile Iron Pipe
Features and Application:
Your Connection to the Future
• Sizes 3" through 48"
• Constructed of ASTM A536,
65-45-12 Ductile Iron.
• MEGA-BOND™ Restraint Coating System
For more information on MEGA-BOND, refer
to www.ebaa.com/products/mega-bond
• The Mechanical Joint follower
gland is incorporated into the
restraint.
• Heavy Duty thick wall design
• Support Products Available:
• All MEGALUG and related restraint
products can be furnished as
packaged accessories complete
with appropriate restraint, gasket,
lubrication and bolting hardware.
• For use on water or wastewater
pipelines subject to hydrostatic
pressure and tested in accordance
with either AWWA C600 or
ASTM D2774.
1004-5-D Copyright 2004 © EBAA IRON, Inc.
Y C i h F
Nominal
Pipe Size
3 4
6 8
10 12
14 16
18 20
24 30
36 42
48 Pressure Rating
(PSI)
350
350
350
350
350
350
350
350
250
250
250
250
250
250
250
Note: For applications or pressures other than those shown, please contact EBAA for assistance.
Series
Number
1103
1104
1106
1108
1110
1112
1114
1116
1118
1120
1124
1130
1136
1142
1148
Shipping
Weights
6.1 7.6
11.8 14.9
23.9 31.2
49.7 56.4
63.6 71.0
128.7
190.7
226.5
518.9
608.3
Deflection
(Degrees)
3°
3°
3°
3°
3°
3°
2°
2°
1½°
1½°
1½°
1°
1°
1°
1°
Split repair style available 3 inch
through 48 inch.
EBAA Series 1100SD
Solid restraint harness available
for push-on pipe bells.
EBAA Series 1700
Split restraint harness available
for existing push-on bells
EBAA Series 1100HD
U.S. Patent No. 4092036,
4627774, 4779900, 4896903, 5544922
®
Agenda Item #7.6:
Mechanical Joint Restraint Sample Specification
(The text of the specifications below can be copied and pasted from www.ebaa.com/download/1100Spec.DOC) Restraint devices for mechanical joint fittings and appurtenances on Ductile Iron Pipe conforming to either ANSI/AWWA C111/A21.11 or ANSI/AWWA C153/A21.53, shall conform to the following:
Design
Installation
Traceability Approvals
MEGA-BOND™ Restraint Coating System
Restraint devices for nominal pipe sizes
3 inch through 48 inch shall consist of
multiple gripping wedges incorporated
into a follower gland meeting the
applicable requirements of ANSI/AWWA
C110/A21.10.
The devices shall have a working
pressure rating of 350 psi for 3-16 inch
and 250 psi for 18-48 inch. Ratings are
for water pressure and must include a
minimum safety factor of 2 to 1 in all
sizes.
Mechanical joint restraint shall require
conventional tools and installation
procedures per AWWA C600, while
retaining full mechanical joint deflection
during assembly as well as allowing joint
deflection after assembly.
Proper actuation of the gripping wedges
shall be ensured with torque limiting
twist off nuts.
Material
Gland body, wedges and wedge
actuating components shall be cast from
grade 65-45-12 ductile iron material in
accordance with ASTM A536.
For applications requiring restraint 30
inch and greater, an alternate grade of
iron meeting the material requirements
of ASTM A536 is acceptable, providing
the device meets all end product
performance requirements.
Ductile iron gripping wedges shall be
heat treated within a range of 370 to
470 BHN.
Three (3) test bars shall be
incrementally poured per production
shift as per Underwriter's Laboratory
(U.L.) specifications and ASTM A536.
Testing for tensile, yield and elongation
shall be done in accordance with ASTM
E8.
Chemical and nodularity tests shall be
performed as recommended by the
Ductile Iron Society, on a per ladle basis.
An identification number consisting of
year, day, plant and shift (YYDDD)(plant
designation)(Shift number), shall be
cast into each gland body.
All physical and chemical test results
shall be recorded such that they can be
accessed via the identification number
on the casting. These Material
Traceability Records (MTR's) are to be
made available, in hard copy, to the
purchaser that requests such
documentation and submits his gland
body identification number.
Production pieces that are too small to
accommodate individual numbering,
such as fasteners and wedges, shall be
controlled in segregate inventory until
such time as all quality control tests are
passed. These component parts may
then be released to a general inventory
for final assembly and packaging.
All components shall be manufactured
and assembled in the United States.
The purchaser shall, with reasonable
notice, have the right to plant visitation
at his/her expense.
Restraint devices shall be Listed by
Underwriters Laboratories (3" through 24"
inch size) and Approved by Factory
Mutual (3" through 12" inch size).
Mechanical joint restraint for ductile Iron
pipe shall be Megalug Series 1100
produced by EBAA Iron Inc. or approved
equal.
All wedge assemblies and related parts
shall be processed through a phosphate
wash, rinse and drying operation prior to
coating application. The coating shall
consist of a minimum of two coats of
liquid Xylan® fluoropolymer coating with
heat cure to follow each coat.
All casting bodies shall be surface
pretreated with a phosphate wash, rinse
and sealer before drying. The coating
shall be electrostatically applied and heat
cured. The coating shall be a polyester
based powder to provide corrosion,
impact and UV resistance.
The coating system shall be MEGA-BOND
by EBAA Iron, Inc. or approved equal.
Requests for approved equal must submit
coating material and process details for
review prior to bid.
For more information regarding MEGABOND, refer to the MEGA-BOND brochure or visit www.ebaa.com.
Series 1100SD
Split MEGALUG Restraint
for Existing Mechanical Joints
Series 1100SDB
Split MEGALUG Restraint
for Mid Span Applications
Series 1700
MEGALUG Restraint
for Push-On Bells
Series 1100HD
Split MEGALUG Restraint
for Existing Push-On Bells
Support Products
for more information concerning these products please consult the catalog or www.ebaa.com Agenda Item #7.6:
SUBMITTAL
MJ T-BOLT T-316 – ASTM F593
18 Chromium, 10 Nickel, 2 Molybdenum (AISI T-316)
Chemical Requirements
Carbon max 0.080
Manganese max 2.00
Phosphorous max 0.045
Sulfur max 0.030
Silicon max 1.00
Chromium 16-18
Nickel 10-14
Molybdenum 2-3
Mechanical Requirements
Cold Worked Hot Forged
Hardness Rockwell Min B80-C32 B65-B95
Tensile strength (KSI) Min 100 Max 150 ---------
(1/4” to 5/8” DIA)
Tensile strength (KSI) Min 85 Max 140 ---------
(3/4” to 1 1/2” DIA)
Tensile strength (KSI) --------- Min 75 Max 100
(1/4” to 1 1/2” DIA)
Yield Strength (KSI) Min 45 - 65 Min 30
Elongation 25 30
Hex Nuts ASTM F594 (ASME B18.2.2) Heavy Hex Nuts ASTM F594 (ASME B18.2.2) T-316 Stainless Steel Washers
Buried Submerged Above Grade Below Grade Other
Dimensional Data
Unless otherwise specified in the purchase order, shall be threaded in accordance with ANSI/ASME B18.2.1, page C-1, for hex cap screws (finished hex bolts).
Additional information can be found in ASTM F593, DTD 1998 (Stainless Steel Bolts, Hex Cap Screws) and in ASTM F594, DTD 1998 (Stainless Steel Nuts).
475 Klug Circle-Corona, CA. 92880 (951) 280-4488 - Fax: (951) 272-4445 Agenda Item #7.6:
CERTIFICATE OF
COMPLIANCE TO STANDARDS
Flanged pipe are manufactured in accordance with AWWA/ANSI C115/A21.15 and ANSI B
16.1 Flanged fittings are manufactured in accordance with AWWA/ANSI C110/A21.10 and ANSI B 16.1
Pipe are manufactured in accordance with ANSI/AWWA C151/A21.51 Fittings are manufactured in accordance with ANSI/AWWA C110/A21.10 and ANSI/AWWA C153/A21.53
Pipe grooved depth dimension is manufactured in accordance with all applicable requirements for ANSI/AWWA C606
Pipe and fitting interiors coated with asphalt are in accordance with NSF/ANSI 61 – Drinking Water System Components – Health Effects
Pipe and fittings requiring cement linings are manufactured in accordance with the requirements of ANSI/AWWA C104/A21.4
The exterior of pipe is coated in accordance with ANSI/AWWA C151/A21.51 The exterior of fittings is coated in accordance with ANSI/AWWA C110/A21.10 and ANSI/AWWA C153/A21.53
Glass linings are manufactured and tested in strict accordance with SG‐14® and MEH‐32 Glass Lining standards
Induron PROTECTO 401™ and CERAMAPURE™ linings are applied to pipe and fittings in accordance with Induron specifications
U.S. Pipe Fabrication uses Ductile Iron pipe supplied by U.S. Pipe and Foundry Company, LLC
Agenda Item #7.6:
Garlock BLUE-GARD® 3000
* MATERIAL PROPERTIES
Color: Blue
Composition: Aramid fibers with a nitrile binder
Fluid Services1 : Water, aliphatic hydrocarbons, oils and gasoline Temperature2, °F (°C)
Minimum: -100 (-73)
Continuous Max: +400 (+205)
Maximum: +700 (+371)
Pressure2, Maximum, psig (bar): 1000 (70)
P x T (max.)2, psig x °F (bar x °C)
1/32 and 1/16": 350,000 (12,000)
1/8": 250,000 (8,600)
Meets Specification: ABS (American Bureau of Shipping), WRC BS 6920 and BS 7531 Grade Y TYPICAL PHYSICAL PROPERTIES *
ASTM F36 Compressibility, range, %: 7-17
ASTM F36 Recovery, %: 50
ASTM F38 Creep Relaxation, %: 21
ASTM F152 Tensile, Across Grain, psi (N/mm2
): 2250 (15)
ASTM F1315 Density, lbs./ft.3
(grams/cm3): 100 (1.60)
ASTM F433 Thermal Conductivity (K), W/m°K (Btu.·in./hr.·ft.2 ·°F): 0.29-0.38 (2.00-2.65)
ASTM D149 Dielectric Properties, range, volts/mil.
Sample conditioning 1/16" 1/8"
(3) (3) 3 hours at 250°F: 396 -832 257 -363
96 hours at 100% Relative Humidity: 271 142
ASTM F586 Design Factors 1/16" & Under 1/8"
"m" factor: 4.2 5.2
"y" factor, psi (N/mm2): 3050 (21.0) 4400 (30.3)
(4) ASTM F104 Line Call Out: F712102A9B4E22K5L101M5
SEALING CHARACTERISTICS *
ASTM F37B
Fuel A
ASTM F37B
Nitrogen
DIN 3535- 4
Gas Permeability
Gasket Load, psi (N/mm2): 500 (3.5) 3000 (20.7) 4640 (32) Internal Pressure, psig (bar): 9.8 (0.7) 30 (2) 580 (40) Leakage 0.2 ml/hr. 0.6 ml/hr. 0.05 cc/min
IMMERSION PROPERTIES *- ASTM F146 Fluid Resistance after Five Hours ASTM #1 Oil
300°F (150°C) 300°F (150°C)
ASTM IRM #903
70-85°F (20-30°C)
ASTM Fuel A
70-85°F (20-30°C)
ASTM Fuel B
Thickness Increase, (%) 0-5 0-15 0-5 0-10
Weight Increase, (%) <8 <20 <8 <15
Tensile Loss, (%) - <35 - -
Notes:
This is a general guide and should not be the sole means of selecting or rejecting this material. ASTM test results in accordance with ASTM F-104; properties based on 1/32" (0.8mm) sheet thickness unless otherwise mentioned. * Values do not constitute specification Limits
1 See Garlock chemical resistance guide.
2 Based on ANSI RF flanges at our preferred torque. When approaching maximum pressure, continuous operating temperature, minimum temperature or 50% of maximum PxT, consult Garlock Applications Engineering. Minimum temperature rating is conservative. 3 Indicates current arced around and not through gasket. Dielectric higher than indicated. 4 A9: Leakage in Fuel A (Isooctane), Gasket Load = 500psi (3.5N/mm2), Pressure = 9.8psig (0.7bar): Typical = 0.2ml/hr, Max = 1.0ml/hr. A9: Leakage in Nitrogen, Gasket Load = 3,000psi (20.7N/mm2), Pressure = 30psig (2bar): Typical = 0.6ml/hr, Max = 1.5ml/hr.
Agenda Item #7.6:
* Please Note: 4" Saddles with 2" taps have a limited range. Specifically, 4.80 - 5.10 or 5.10 - 5.40. All other tap sizes have the standard 4.80 - 5.40 range.
**Only the 6" (6.90-7.50 range) saddle and 14" saddles and larger are available with a 1-1/4" tap. * To Order: Select the catalog number for the desired pipe range and complete the catalog number by adding the outlet thread tap code. Example: A double strap saddle for 6.90 D.I. pipe with a 3/4" CC thread would be 202B-750-CC3.
FEATURES
• All brass conforms to AWWA Standard C800 (ASTM B-62 and/or ASTM B-584, UNS NO C83600 - 85-5-5-5)
• Straps are 5/8" high quality silicon bronze flattened to provide a wider bearing surface against pipe • Gasket is EPDM rubber ASTM D2000
NOM. PIPE
SIZE
O.D.
RANGE
APPROX.
WT. LBS.
CATALOG
NUMBER
✓ SUBMITTED
ITEM(S)
*4"
4.80 - 5.40 6.6 202B-540-Tap
4.80 - 5.10 7.3 202B-510-Tap
5.10 - 5.40 7.3 202B-540-Tap
**6" 6.90 - 7.50 7.7 202B-750-Tap
8" 9.05 - 9.62 8.8 202B-962-Tap
10" 11.10 - 12.12 10.7 202B-1212-Tap
12" 13.20 - 14.38 11.8 202B-1438-Tap
**14" 15.30 - 16.25 18.0 202B-1625-Tap
**16"
16.30 - 17.25 19.1 202B-1725-Tap
17.40 - 18.40 23.0 202B-1840-Tap
18.50 - 19.25 24.0 202B-1925-Tap
**18" 19.50 - 20.50 25.0 202B-2050-Tap
**20" 21.20 - 22.20 25.5 202B-2220-Tap
22.50 - 23.50 25.7 202B-2350-Tap
**24" 23.80 - 24.80 26.0 202B-2480-Tap
25.60 - 26.50 26.5 202B-2650-Tap
**30" 31.74 - 32.74 27.0 202B-3274-Tap
EPDM Gasket
Silicon bronze straps
Brass nuts
The Ford Meter Box Company, Inc.
P.O. Box 443, Wabash, Indiana U.S.A. 46992-0443
Phone: 260-563-3171 / Fax: 800-826-3487
Overseas Fax: 260-563-0167
www.fordmeterbox.com
Submitted By:
The Ford Meter Box Company considers the information in this submittal form to be correct at the time of publication. Item and option availability, including specifications, are subject to change without notice. Please verify that your product information is current. 01/11/16
Brass Saddles - (202B-xxx-xxx style)
SUBMITTAL INFORMATION
202B DOUBLE STRAP BRASS SADDLES
OUTLET TAP CODE
CC (AWWA) THREAD IP THREAD ✓ SUBMITTED ITEM(S) THREAD CODE NUMBER THREAD CODE NUMBER 3/4" CC CC3 3/4" IP IP3
1" CC CC4 1" IP IP4
1-1/4" CC ∆ CC5 1-1/4" IP ∆ IP5
1-1/2" CC CC6 1-1/2" IP IP6
2" CC CC7 2" IP IP7
∆ Contact factory for availability
Agenda Item #7.6:
Crispin Air Valves
THE UL SERIES: Universal Air Release Valve
AWWA C512
Doc # B-AV-UL-r2
CRISPIN VALVE
600 FOWLER AVENUE,
BERWICK, PA 18603
(800) 247-8258
TEL. (570) 752-4524
FAX (570) 752-4962
WWW.CRISPINVALVE.COM
[email protected]
• Sizes 1”-4" Available (NPT Screwed or ANSI Class Flanges) • Performs the function of both Air & Vacuum and Pressure Air Valves SINCE 1905
Agenda Item #7.6:
Crispin Valve, 600 Fowler Ave., Berwick, PA 18603 • 1-800-247-VALV T: (570)752-4524 • F: (570) 752-4962 • WWW.CRISPINVALVE.COM • [email protected]
UL SERIES UNIVERSAL AR VALVE
CRISPIN AIR RELEASE VALVES: THE UL SERIES
The Universal Air Valve is designed to permit the automatic escape of large quantities of air from a pipeline when the line is being filled, and to permit air to enter the pipeline when the line is being emptied.
It also allows accumulating air to escape while the line is in operation and under pressure. This is accomplished with a compound lever system functioning in conjunction with a large and small orifice in one integral body casting.
As the liquid rises into the valve, air escapes through the large orifice to the atmosphere. Liquid entering the valve raises the float and lever system, carrying with it the pressure plunger and the main valve. When the liquid has raised the float to its limit, the stainless steel main valve rests against the seat. The pressure plunger also rests against its seat, which is the main valve. In this position, the valve is closed and no liquid can escape.
If accumulating air rises into the valve while the line is in operation and under pressure, it will displace the liquid at the top of the valve body and the float will drop as the liquid recedes. As this occurs, the pressure valve will open, permitting the escape of the accumulated air, after which the liquid level will rise and the valve will close.
Should the pipeline be drained through natural processes or should a large break develop, the float will drop all the way down as the liquid level drains from the valve body. The valve will then stay in the full open position permitting the entrance of air and eliminating the danger of pipeline collapse due to vacuum.
These cycles will repeat automatically as each condition presents itself, and the valve will function satisfactorily with hot or cold water, and in the presence of many chemicals and oil-based liquids.
Materials and prices are subject to change without notice. Metric and special class flange ratings are available.
UL SERIES OPTIONS
Both NPT Screwed and ANSI
Class Flanges Are Available
Available with Stainless Steel
Trim or Bronze and Stainless
Steel Trim
Fusion Bonded Epoxy
Available with Screwed,
125lb and 250lb Flanged Inlets
Available in Configurations to
Comply with AIS, BA, BAN and
BB Certifications
AWWA C512 Compliant
Single Body Unit Performs the
Functions of Both Air & Vacuum
and Pressure Air Valves
Unique Compound Lever
System Seals Both the Pressure
Orifice and the Air & Vacuum
Orifice Simultaneously
Multiple Orifice Sizes Available
for Different Maximum Pressure
and Flow Rate Needs
Protectop Prevents Debris
From Entering Valve Outlet
Meets All NSF 61 and
NSF 372 Certifications
UL SERIES ADVANTAGES
Agenda Item #7.6:
Materials and prices are subject to change without notice. Metric and special class flange ratings are available.
CRISPIN AIR RELEASE VALVES: THE UL SERIES
Crispin Valve, 600 Fowler Ave., Berwick, PA 18603 • 1-800-247-VALV T: (570)752-4524 • F: (570) 752-4962 • WWW.CRISPINVALVE.COM • [email protected] UL SERIES MATERIALS LIST: 1"-4" AVAILABLE
ITEM DESCRIPTION MATERIAL
1P* PROTECTOP Ductile Iron
1S* TOP Ductile Iron
2 FLANGE Ductile Iron
3* BODY, SCREWED Ductile Iron
3F* BODY, 125 LB FLANGE Ductile Iron
3FH* BODY, 250 LB FLANGE Ductile Iron
4 A&V FULCRUM Stainless Steel
5 & 16 PRESSURE FULCRUM Stainless Steel
6 VALVE LEVER Stainless Steel
7 LINK Stainless Steel
8 BALL LEVER Stainless Steel
9 BALL FLOAT Stainless Steel
10 BALL FULCRUM Stainless Steel
13 NUT Stainless Steel
14 PRESSURE VALVE
PLUNGER Rubber/SS
15 PRESSURE SEAT Stainless Steel
17 SEAT CAGE Stainless Steel
18 A&V SEAT Rubber
21 PRESS LIMIT STOP Stainless Steel
23 BEARING PIN Stainless Steel
23A BEARING PIN Stainless Steel
24 BEARING PIN Stainless Steel
25 BEARING PIN Stainless Steel
26 PIN CLIP Stainless Steel
28 SCREW Stainless Steel
29 DRAIN PLUG Steel
30 FULCRUM WASHER Fiber
31 FULCRUM WASHER Fiber
32 FLANGE GASKET Armstrong
33 FLANGE BOLT Steel
34 FLANGE NUT Steel
35 A&V FULCRUM NUT Steel
36 BALL FULCRUM NUT Steel
Universal Air Release Clean Water Parts List
SIZE OF VALVE 1" 2" 3" 4"
Model No.
Screwed Inlet
UL10.1
UL10
UL20.1
UL20
UL30.1
UL30
UL40.1
UL40
125 lb
Flanged Inlet
UL21.1
UL21
UL31.1
UL31
UL41.1
UL41
250 lb
Flanged Inlet
UL22.1
UL22
UL32.1
UL32
UL42.1
UL42
Model Information
OPERATING
PRESSURE (PSI) 3/32" 1/8" 5/32" 3/16" 1/4"
150 13.8 24.4 37.9 54.6 98
200 17.9 31.9 49.5 72 127
250 22.1 39.2 61.1 88 157
300 26.4 46.7 73 105 187
Discharge in SCFM By Orifice Size
VALVE
SIZE
MAX
150psi
MAX
200psi
MAX
250psi
MAX
300psi
1" 3/16" 3/32" 3/32" 3/32"
2" 1/4" 3/16" 3/16" 1/8"
3" 1/4" 3/16" 3/16" 1/8"
4" 1/4" 3/16" 3/16" 1/8"
Orifice Sizing By Maximum Operating Pressure
Crispin Valve, 600 Fowler Ave., Berwick, PA 18603 • 1-800-AIR-VALV • T: (570) 752-4524 • F: (570) 752-4962 • WWW.CRISPINVALVE.COM • info@crispin * The above parts are interchangeable at the customer’s request. 8 BALL LEVER Stainless Steel
9 BALL FLOAT Stainless Steel
10 BALL FULCRUM Stainless Steel
13 NUT Stainless Steel
14 PRESSURE VALVE Rubber/S/S
PLUNGER
15 PRESSURE SEAT Stainless Steel
17 SEAT CAGE Stainless Steel
18 A&V SEAT Rubber
21 PRESS LIMIT STOP Stainless Steel
23 BEARING PIN Stainless Steel
23A BEARING PIN Stainless Steel
24 BEARING PIN Stainless Steel
25 BEARING PIN Stainless Steel
26 PIN CLIP Stainless Steel
28 SCREW Stainless Steel
29 DRAIN PLUG Steel
30 FULCRUM WASHER Fibre
31 FULCRUM WASHER Fibre
32 FLANGE GASKET Armstrong
33 FLANGE BOLT Steel
34 FLANGE NUT Steel
35 A&V FULCRUM NUT Steel
36 BALL FULCRUM NUT Steel
UL31.1 3” 125# Flg. S/S/BRASS 20 5/8” 10 1/4” 14 3/4” 131 UL32 3” 250# Flg. S/S 21” 10 1/4” 14 3/4” 133
UL32.1 3” 250# Flg. S/S/BRASS 21” 10 1/4” 14 3/4” 133
UL40 4” NPT S/S 20” 11 3/4” 16 3/4” 163
UL40.1 4” NPT S/S/BRASS 20” 11 3/4” 16 3/4” 163
UL41 4” 125# Flg. S/S 23” 11 3/4” 16 3/4” 180
UL41.1 4” 125# Flg. S/S/BRASS 23” 11 3/4” 16 3/4” 180
UL42 4” 250# Flg. S/S 23 5/16” 11 3/4” 16 3/4” 183
UL42.1 4” 250# Flg. S/S/BRASS 23 5/16” 11 3/4” 16 3/4” 183 L
S
E
R
I
E
S
PA 18603 • 1-800-AIR-VALV • T: (570) 752-4524 • F: (570) 752-4962 • WWW.CRISPINVALVE.COM • [email protected] UL 3 angeable at the customer’s request.
MATERIAL
Cast Iron
Cast Iron
Cast Iron
Cast Iron
Cast Iron
Cast Iron
Stainless Steel
Stainless Steel
Stainless Steel
Stainless Steel
Stainless Steel
Stainless Steel
Stainless Steel
Stainless Steel
Rubber/S/S
Stainless Steel
Stainless Steel
Rubber
Stainless Steel
Stainless Steel
Stainless Steel
Stainless Steel
Stainless Steel
Stainless Steel
Stainless Steel
Steel
Fibre
Fibre
Armstrong
Steel
Steel
Steel
Steel
MODEL INLET TRIM HEIGHT WIDTH LENGTH WT(LBS)
UL10 1” NPT S/S 10 1/4” 6 7/8” 9 3/4” 27
UL10.1 1” NPT S/S/BRASS 10 1/4” 6 7/8” 9 3/4” 27
UL20 2” NPT S/S 13 1/2” 8 3/8” 12 3/8” 72
UL20.1 2” NPT S/S/BRASS 13 1/2” 8 3/8” 12 3/8” 72
UL21 2” 125# Flg. S/S 17” 8 3/8” 12 3/8” 74
UL21.1 2” 125# Flg. S/S/BRASS 17” 8 3/8” 12 3/8” 74
UL22 2” 250# Flg. S/S 17 1/4” 8 3/8” 12 3/8” 75
UL22.1 2” 250# Flg. S/S/BRASS 17 1/4” 8 3/8” 12 3/8” 75 UL30 3” NPT S/S 17 1/4” 10 1/4” 14 3/4” 111
UL30.1 3” NPT S/S/BRASS 17 1/4” 10 1/4” 14 3/4” 111
UL31 3” 125# Flg. S/S 20 5/8” 10 1/4” 14 3/4” 131
UL31.1 3” 125# Flg. S/S/BRASS 20 5/8” 10 1/4” 14 3/4” 131 UL32 3” 250# Flg. S/S 21” 10 1/4” 14 3/4” 133
UL32.1 3” 250# Flg. S/S/BRASS 21” 10 1/4” 14 3/4” 133
UL40 4” NPT S/S 20” 11 3/4” 16 3/4” 163
UL40.1 4” NPT S/S/BRASS 20” 11 3/4” 16 3/4” 163
UL41 4” 125# Flg. S/S 23” 11 3/4” 16 3/4” 180
UL41.1 4” 125# Flg. S/S/BRASS 23” 11 3/4” 16 3/4” 180
UL42 4” 250# Flg. S/S 23 5/16” 11 3/4” 16 3/4” 183
UL42.1 4” 250# Flg. S/S/BRASS 23 5/16” 11 3/4” 16 3/4” 183 * These parts interchangeable at the customer's request.
Agenda Item #7.6:
Crispin Valve, 600 Fowler Ave., Berwick, PA 18603 • 1-800-247-VALV T: (570)752-4524 • F: (570) 752-4962 • WWW.CRISPINVALVE.COM • [email protected] Materials and prices are subject to change without notice. Metric and special class flange ratings are available.
CRISPIN AIR RELEASE VALVES: THE UL SERIES CRISPIN AIR RELEASE VALVES: THE UL SERIES Certified Dimensions Available Upon Request
Crispin Valve, 600 Fowler Ave., Berwick, PA 18603 • 1-800-247-VALV T: (570)752-4524 • F: (570) 752-4962 • WWW.CRISPINVALVE.COM • [email protected]
MODEL INLET TRIM HEIGHT WIDTH LENGTH WT (LBS)
UL10 1" NPT SS 10 1/4" 6 7/8" 9 3/4" 27
UL10.1 1" NPT SS/Brass 10 1/4" 6 7/8" 9 3/4" 27
UL20 2" NPT SS 13 1/2" 8 3/8" 12 3/8" 72
UL20.1 2" NPT SS/Brass 13 1/2" 8 3/8" 12 3/8" 72
UL21 2" 125# flg. SS 17" 8 3/8" 12 3/8" 74
UL21.1 2" 125# flg. SS/Brass 17" 8 3/8" 12 3/8" 74
UL22 2" 250# flg. SS 17 1/4" 8 3/8" 12 3/8" 75
UL22.1 2" 250# flg. SS/Brass 17 1/4" 8 3/8" 12 3/8" 75
UL30 3" NPT SS 17 1/4" 10 1/4" 14 3/4" 111
UL30.1 3" NPT SS/Brass 17 1/4" 10 1/4" 14 3/4" 111
UL31 3" 125# flg. SS 20 5/8" 10 1/4" 14 3/4" 131
UL31.1 3" 125# flg. SS/Brass 20 5/8" 10 1/4" 14 3/4" 131 UL32 3" 250# flg. SS 21" 10 1/4" 14 3/4" 133
UL32.1 3" 250# flg. SS/Brass 21" 10 1/4" 14 3/4" 133
UL40 4" NPT SS 20" 11 3/4" 16 3/4" 163
UL40.1 4" NPT SS/Brass 20" 11 3/4" 16 3/4" 163
UL41 4" 125# flg. SS 23" 11 3/4" 16 3/4" 180
UL41.1 4" 125# flg. SS/Brass 23" 11 3/4" 16 3/4" 180
UL42 4" 250# flg. SS 23 5/16" 11 3/4" 16 3/4" 183
UL42.1 4" 250# flg. SS/Brass 23 5/16" 11 3/4" 16 3/4" 183 UL Series Dimensional Data
Agenda Item #7.6:
Crispin Valve, 600 Fowler Ave., Berwick, PA 18603 • 1-800-247-VALV T: (570)752-4524 • F: (570) 752-4962 • WWW.CRISPINVALVE.COM • [email protected] CRISPIN AIR RELEASE VALVES: THE UL SERIES
Materials and prices are subject to change without notice. Metric and special class flange ratings are available. 1" Universal Air Release Valve, AWWA C512
DIAMETER MAX PRESSURE FLOW RATE
3/16" 150 psig 54.6 SCFM
3/32" 300 psig 26.4 SCFM
Orifice Options
MODEL INLET
SIZE
OUTLET
SIZE
A B WT
(LBS)
UL10 1" NPT 1" NPT 9.75 10.75 27
UL10.1 1" NPT 1" NPT 9.75 10.75 27
Dimensions
ITEM DESCRIPTION MATERIAL
1S TOP Ductile Iron
2 FLANGE Ductile Iron
3 BODY Ductile Iron
3W LOCK WASHER Stainless Steel
4 A&V FULCRUM Stainless Steel
6** VALVE LEVER Stainless Steel
7 LINK Stainless Steel
8 BALL LEVER Stainless Steel
9 BALL FLOAT Stainless Steel
10 BALL FULCRUM Stainless Steel
11 VALVE PLUNGER Buna-N/SS
12 PLUNGER NUT Stainless Steel
15 PRESSURE SEAT Stainless Steel
16 PRESSURE
FULCRUM Stainless Steel
17 SEAT CAGE Stainless Steel
18 A&V SEAT Buna-N Rubber
23 BEARING PIN Stainless Steel
23A BEARING PIN Stainless Steel
24 BEARING PIN Stainless Steel
25 BEARING PIN Stainless Steel
26 COTTER PIN Stainless Steel
29 DRAIN PLUG Brass
30 FULCRUM
WASHER Fiber
32 FLANGE
GASKET Armstrong N-8092
33 FLANGE BOLT Steel
34 NUT Steel
50 INTERFERENCE
PIN Stainless Steel
Parts List
ubmittal Sheet for Crispin UL Series
1” Universal Air Release Valve
DESCRIPTION MATERIAL ASTM
TOP CAST IRON A126 CL.B
FLANGE CAST IRON A126 CL.B
BODY CAST IRON A126 CL.B
LOCK WASHER STAINLESS STEEL A240
AIR & VAC FULCRUM STAINLESS STEEL A240
VALVE LEVER STAINLESS STEEL A582
LINK STAINLESS STEEL A240
BALL LEVER STAINLESS STEEL A240
FLOAT STAIN LESS STEEL A240
BALL FULCRUM STAINLESS STEEL A582
VALVE PLUNGER STAINLESS STEEL A193
& BUNA-N RUBBER
PLUNGER NUT STAINLESS STEEL A194
PRESSURE SEAT STAINLESS STEEL A582
PRESSURE FULCRUM STAINLESS STEEL A240
SEAT CAGE STAINLESS STEEL A240
AIR & VAC SEAT BUNA—N RUBBER N/A
BEARING PIN STAINLESS STEEL A582
BEARING PIN STAINLESS STEEL A582
BEARING PIN STAINLESS STEEL A582
BEARING PIN STAINLESS STEEL A582
COTTER PIN STAINLESS STEEL A313
DRAIN PLUG BRASS B505
FULCRUM WASHER FIBER N/A
FLANGE GASKET ARMSTRONG N—8092 N/A
FLANGE BOLT STEEL A307
NUT STEEL A563
INTERFERENCE PIN STAINLESS STEEL A582
terial for UL10.1 will be brass
nufactured in compliance with ANSI/AWWA C512 Date: 2016 Specifications
The valve(s) shall be installed at the high points in the system or at points selected by the engineer. This will permit discharging the surge of air from an empty line when filling, and relieve the vacuum when draining the system. The valve(s) shall also release an accumulation of air when the system is under pressure. This shall be accomplished in a single valve body.
The valve(s) shall operate through a compound lever system which will seal both the pressure orifice and the air and vacuum orifice simultaneously. This lever system shall permit a __________” orifice to release an accumulation of air from the valve body at a capacity of ____________ SCFM of air and pressure of ____________ PSIG.
The function of the lever system shall also permit a positive disengagement of the main valve from the large orifice, as the float drops and pressure decreases. The disengagement shall be immediate and not limited to the initial draw of a vacuum.
The valve(s) shall be Crispin Model ________ Universal Air Valve as manufactured by Multiplex Manufacturing Co., Berwick, PA. The valve(s) shall be _________” NPT screwed or ANSI Class (125, 250) flanged inlet connection, and shall have a cast iron body, top and inlet flange (where required), stainless steel float and trim with Buna-N seat. Valves which operate the pressure plunger via a single lever and fulcrum will not be acceptable.
Size Specifications
EL INLET SIZE OUTLET SIZE AB WHT.
0 1” NPT 1” NPT 9.75 10.75 27
0.1 1” NPT 1” NPT 9.75 10.75 27
Orifice Options
AMETER MAX. PRESSURE FLOW RATE
3/16 150 PSIG 54.6 SCFM
3/32 300 PSIG 26.4 SCFM
A
B
25 50 17 4
34 30
32 2
6 3
9 25
12 23 16
23A
8 3W
7 24
26 25
10 15 18
30 11
34 34
33 Parts List
** Material for UL10.1 will be brass
Agenda Item #7.6: