the City's financial oversight, improve reporting accuracy, and ensure compliance with regulatory standards necessary for managing complex financial operations and making informed strategic decisions that benefit the agency’s operations.
In addition, the City recently became aware of special compensation compliance requirements related to MOU provision language and reporting. Articles A.a. and B of the attached side letter (Attachment 1 - Exhibit A) are current MOU provisions approved previously. Both required minor changes to the language, but not to the intent or amount of the benefit, in order to be in compliance with CalPERS.
A budget amendment is not required for the addition of the CPA incentive or any of the CalPERS special compensation clean-up language. Currently, the City's Finance Department has one employee who actively maintains a CPA license and will qualify for the additional compensation. Due to vacancies within the Accounting Division, there are budget savings that will cover any additional costs in this budget year.
Staff recommends that Council adopt the Resolution (Attachment 1) approving the side letter (Attachment 1 - Exhibit A) between the City and the Management Unit, and authorize the City Manager to execute on behalf of the City.
Recommended Action: Adopt a Resolution approving a side letter to the current Memorandum of Understanding between the City of Ukiah and the Management Unit.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Dan Buffalo, Finance Director and Sage Sangiacomo, City Manager DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
RESOLUTION NO. 2024-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING A SIDE
LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
UKIAH AND MANAGEMENT BARGAINING UNIT
WHEREAS, the Employee/Employer Relations Officer and Human Resources Director met and conferred in good faith with representatives of the Management Unit, and WHEREAS, the side letter to the Memorandum of Understanding for the term of July 10, 2022 through September 18, 2025 has been arrived at and agreed to by the parties; and WHEREAS, said side letter to the Memorandum of Understanding have been presented to the City Council for its consideration.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah that:
1. The side letter to the MOU with Management Unit is hereby approved, a copy of said side letter entitled “Side Letter of Agreement Between the City of Ukiah and Management Unit” is attached hereto, marked Exhibit A, and incorporated herein by reference.
2. The Resolution shall become effective November 6, 2024.
PASSED AND ADOPTED this 6
th day of November 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Josefina Dueñas, Mayor
ATTEST:
________________________________
Kristine Lawler, City Clerk
Attachment 1
1 SIDE LETTER OF AGREEMENT
Between
The City of Ukiah
And
Management Unit
This Side Letter of Agreement (“Agreement”) is entered into by and between the City of Ukiah (“City”) and Management Unit (“Unit”) (collectively referred to as “Parties”). Having met and conferred in accordance with Government Code section 3500, et. seq., the City and the Unit, effective upon execution of this Agreement and adoption by City Council, agree to amend, add to and clarify the Parties’ current Memorandum of Understanding (“MOU”) as follows:
SPECIAL PAYS
A. Education Pay
The City shall provide compensation to employees completing educational courses, certifications, and degrees that enhance their ability to do their job as follows:
a. Water Resources Education Incentive: City shall recognize the certification program for Water Division personnel developed by the State of California pursuant to Sections 4060 to 4095 of the California Health and Safety Code and described in Title 17, California Administrative Code part 1, Chapter 5, Subchapter 1. Permanent employees in the classifications of Water Treatment Plant Supervisor, Wastewater Treatment Plant Supervisor, and Water/Sewer/Streets Maintenance Supervisor are eligible, upon the attainment of the State of California water treatment, distribution, or wastewater certificates which are not a minimum requirement of the related classification, shall receive an education premium as follows:
i. Two and one-half percent (2.5%) of base pay for obtaining and maintaining a certification which is not a minimum requirement of the related classification. ii. Five percent (5%) of base pay for obtaining and maintaining a second certification which is not a minimum requirement of the related classification. iii. The two educational premiums can be combined for a maximum total of seven and one-half percent (7.5%).
b. Certified Public Accountant Incentive: The City shall recognize the licensure program for Certified Public Accountant (CPA) in California as governed by the California Accountancy Act (Division 3, Chapter 1, Sections 5000-5158 of the California Business and Professions Code, specifically Sections 5092, 5093, and 5027).
Permanent employees in the classifications of Assistant Finance Director, Controller, Accountant Series, Financial Services Manager, and Management Analyst Series, who Exhibit A
2 possess and maintain an active State of California license as a CPA shall be paid an additional seven and a half percent (7.5%) of the sum of the employee’s base salary.
The City Manager may approve other classifications within the Management Unit for CPA Incentive pay during the duration of this Agreement, provided that the license is related to the duties of the classification for which the pay will be given. c. Subject to the PERL and CalPERS’ regulations and guidance, this is reportable to CalPERS as special compensation.
B. Bilingual Premium
The City shall pay compensation to employees who are routinely and consistently assigned to positions requiring communication skills in Spanish and American Sign Language (ASL) as follows:
Employees who are designated by the City as fluent in Spanish (includes ability to read and write) or ASL (includes ability to interpret complex conversations) shall receive an additional incentive premium of five percent (5%) of the sum of the employee’s base salary as compensation for the additional responsibilities. Employees who are not fluent, but have been designated by the City as possessing the skill to converse in Spanish or ASL well enough to communicate during a basic call for service shall receive an additional three percent (3%) of the sum of the employee’s base salary as compensation for the additional responsibilities. The five percent (5%) pay and three percent (3%) pay shall not be combined and five percent (5%) is the maximum premium allowed for any combination of the recognized communication skills.
The City may use a variety of techniques to test an employee’s proficiency in either language, and may require an employee to re-test on occasion.
Subject to the PERL and CalPERS regulations and guidance, this is reportable to CalPERS as special compensation.
This Agreement supersedes any provisions or language in previous policies, the Parties’ current MOU and/or other documents that may conflict with the terms of this Agreement. All MOU articles, sections and/or supplements not identified herein are to remain as-is.
For the CITY OF UKIAH For the MANAGEMENT UNIT
_________________________ __________________________
Sage Sangiacomo, City Manager Jason Benson, Senior Civil Engineer
Agenda Item No: 8.d.
MEETING DATE/TIME: 11/6/2024
ITEM NO: 2024-755
AGENDA SUMMARY REPORT
SUBJECT: Finance Department Staffing Allocation and Classification Changes for Billing and Accounting/Analyst Services.
DEPARTMENT: Finance PREPARED BY: Dan Buffalo, Finance Director PRESENTER: Dan Buffalo, Finance Director.
ATTACHMENTS:
1. Management Unit Salary Schedule
Summary: This report proposes restructuring the Finance Department to support the City of Ukiah's expanded role in the Ukiah Valley Water Authority (UVWA) Joint Powers Agreement (JPA). Key changes include updating roles within the Billing and Customer Services Division to manage additional services from the integration of multiple water districts, including Millview, Redwood Valley, and Willow.
Background: The City of Ukiah is preparing to assume expanded responsibilities as part of the Ukiah Valley Water Authority (UVWA) Joint Powers Agreement (JPA). This consolidation involves bringing together the City’s and several water districts' services, including Millview, Redwood Valley, and Willow. As part of this transition, it is essential to realign and expand the Finance Department's staffing structure, particularly in the Billing and Customer Services Division, to ensure efficient and accurate service delivery.
Currently, the Finance Department has budgeted vacant positions for a Customer Services Representative (CSR) and a Financial Services Manager. However, due to the enhanced responsibilities resulting from the UVWA project, it is necessary to replace these vacant positions with a Controller (or senior-level accountant) and an Assistant Finance Director, both of whom will play critical roles in maintaining the financial integrity and operational efficiency of the combined water services.
Discussion: The restructuring proposed includes the following key changes:
1. Position Adjustments:
o Replace vacant budgeted CSR position and vacant Financial Services Manager position with:
▪ Controller: Assigned primarily to UVWA, this role will focus on accounting, analysis, and billing for UVWA operations, ensuring accurate financial management and reporting across all member districts.
▪ Assistant Finance Director: Filling the vacancy created by the current Assistant Finance Director’s planned retirement on December 31, 2024. Among other department-wide responsibilities, this full-time position will oversee expanded JPA-related functions and provide essential managerial support to ensure effective integration and compliance with JPA requirements.
The position changes and estimated cost analysis in total are summarized as follows:
2. Adjustment to the Existing Billing and Customer Services Manager Salary Schedule:
o Due to the increased oversight responsibilities and expanded scope of services required by the JPA, it is proposed to adjust the existing Billing and Customer Services Manager position to the next salary tier. This adjustment would align the role with other positions of similar responsibility and complexity, ensuring competitive compensation. Comparable positions in terms of job responsibilities and complexity are included in the Management Salary Schedule (Attachment 1):
This salary adjustment will help ensure the position is appropriately scaled to reflect its expanded managerial and oversight responsibilities. This adjustment aligns the role with other positions of similar responsibility and complexity. The salary cost analysis is as follows:
Budgetary Considerations
The proposed restructuring and salary adjustment represent a first-year total cost of $29,714, with a prorated impact of $2,258 for the remaining six months of the fiscal year. Budgetary savings elsewhere will cover this remaining cost, eliminating the need for a council-level budget amendment.
This funding allocation follows the UVWA’s cost distribution strategy, ensuring proportional support from each
agency based on anticipated usage and benefit, in compliance with Proposition 218. This allocation will be reviewed and adjusted annually as necessary.
Recommended Action: It is recommended that the City Council:
1. Approve the proposed restructuring of certain Finance Department Staff, specifically:
o Replacing vacant Customer Services Representative (CSR) and Financial Services Manager positions with a Controller and Assistant Finance Director, the latter to fill the vacancy created by the current Assistant Finance Director’s retirement on December 31, 2024. o Authorize the adjustment of the existing Billing and Customer Services Manager salary schedule to the next tier to reflect expanded responsibilities associated with enhanced services, including consideration of the Ukiah Valley Water Authority (UVWA) consolidation.
2. Direct the Finance Department to incorporate these changes into the current (FY 2024-25) budget.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: NA
PROPOSED BUDGET AMOUNT: NA
FINANCING SOURCE: NA
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH: City Manager's Office, Water Resources Department, HR/Risk Management Department
DIVERSITY-EQUITY INITIATIVES (DEI): NA
CLIMATE INITIATIVES (CI): NA
GENERAL PLAN ELEMENTS (GP): NA
Management Unit
Salary Schedule
Effective September 29, 2024
Grade Classification Step 0 Step 1 Step 2 Step 3 Step 4 2570 Assistant Electric Utility Director Annual $ 180,810.84 $ 189,851.40 $ 199,344.00 $ 209,311.20 $ 219,776.76 Monthly $ 15,067.57 $ 15,820.95 $ 16,612.00 $ 17,442.60 $ 18,314.73 Hourly $ 86.93 $ 91.27 $ 95.84 $ 100.63 $ 105.66
2594 Electric Superintendent Annual $ 168,657.64 $ 177,090.48 $ 185,945.04 $ 195,242.28 $ 205,004.40 Monthly $ 14,054.80 $ 14,757.54 $ 15,495.42 $ 16,270.19 $ 17,083.70 Hourly $ 81.09 $ 85.14 $ 89.40 $ 93.87 $ 98.56
2582 Assistant Finance Director Annual $ 137,421.87 $ 144,292.92 $ 151,507.56 $ 159,082.92 $ 167,037.12 2571 Senior Power Engineer Monthly $ 11,451.82 $ 12,024.41 $ 12,625.63 $ 13,256.91 $ 13,919.76 2573 Deputy Director of Public Works Hourly $ 66.07 $ 69.37 $ 72.84 $ 76.48 $ 80.31 2574 Chief Building Official Annual $ 115,560.78 $ 121,338.84 $ 127,405.80 $ 133,776.12 $ 140,464.92 2575 Chief Planning Manager Monthly $ 9,630.07 $ 10,111.57 $ 10,617.15 $ 11,148.01 $ 11,705.41 2589 Senior Civil Engineer Hourly $ 55.56 $ 58.34 $ 61.25 $ 64.32 $ 67.53 2595 Information Technology Manager
2637 City Clerk
2671 Airport Manager
2674 Fleet & Facilities Maintenance Manager
2580 Power Engineer Annual $ 102,642.06 $ 107,774.16 $ 113,162.88 $ 118,821.00 $ 124,762.08 2593 Community Services Supervisor Monthly $ 8,553.50 $ 8,981.18 $ 9,430.24 $ 9,901.75 $ 10,396.84 2601 Financial Services Manager Hourly $ 49.35 $ 51.81 $ 54.41 $ 57.13 $ 59.98 2592 Controller
2622 Housing & Grants Manager
2572 Senior Electric Rate and Resource Analyst
2591 Senior Management Analyst
2620 Associate Engineer Annual $ 95,033.50 $ 99,785.16 $ 104,774.40 $ 110,013.12 $ 115,513.80 2636 Building Official Monthly $ 7,919.46 $ 8,315.43 $ 8,731.20 $ 9,167.76 $ 9,626.15 2689 Billing & Customer Services Manager Hourly $ 45.69 $ 47.97 $ 50.37 $ 52.89 $ 55.54 2623 GIS Analyst II
2731 Payroll Administrator
2621 Planning Manager
2624 Project and Grants Administrator
2725 Purchasing Manager
2588 Senior Information Technology Specialist
2596 Wastewater Treatment Plant Supervisor
2598 Water Treatment Plant Supervisor
2600 Water/Sewer/Streets Maintenance Supervisor
2689 Billing & Customer Services Manager Annual $ 83,130.42 $ 87,286.92 $ 91,651.32 $ 96,233.88 $ 101,045.52 2680 Building Maintenance Supervisor Monthly $ 6,927.53 $ 7,273.91 $ 7,637.61 $ 8,019.49 $ 8,420.46 2602 Electric Rate and Resource Analyst II Hourly $ 39.97 $ 41.96 $ 44.06 $ 46.27 $ 48.58 2659 Management Analyst II
2684 Museum Director
2686 Parks/Golf Superintendent
2681 Recreation Supervisor
2687 Senior Accountant
2716 Senior Building Inspector
2710 Associate Accountant Annual $ 72,865.50 $ 76,508.76 $ 80,334.24 $ 84,351.00 $ 88,568.52 2735 Associate Planner Monthly $ 6,072.13 $ 6,375.73 $ 6,694.52 $ 7,029.25 $ 7,380.71 2709 Assistant Billing & Collections Manager Hourly $ 35.03 $ 36.78 $ 38.62 $ 40.55 $ 42.58 2711 Electric Rate and Resource Analyst I
2708 GIS Analyst I
2715 Management Analyst I
Council Approved 10/2/2024; revised 10/16/24 with Council Approval Attachment 1
Agenda Item No: 8.e.
MEETING DATE/TIME: 11/6/2024
ITEM NO: 2024-756
AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution Establishing and Repealing Time Limits for Parking on Designated Streets Pursuant to Ukiah City Code Sections 7160, 7161, 7163, and 7164.
DEPARTMENT: Economic
Development PREPARED BY: Traci Boyl, City Manager's Office Senior Analyst PRESENTER: Traci Boyl, Sr. Management Analyst to the City Manager's Office
ATTACHMENTS:
1. Parking Changes Resolution (3)
Summary: The Council will consider adopting a resolution establishing and repealing time limits for parking on designated streets pursuant to Ukiah City Code sections 7160, 7161, 7163, and 7164.
Background: Ukiah City Code sections 7160, 7161, 7163, and 7164 authorize the City Council, by resolution, to designate certain streets or portions of streets in the city as being restricted to standing or parking for specified periods of time. Due to the changing needs of businesses and residents within the City's Parking District, City Staff continually monitor and analyze the parking needs within the District and recommend changes to the specified time limits to increase efficiency, ensure adequate parking is available, and minimize confusion associated with having different time limits within the same block.
Discussion: City Staff have analyzed parking needs within the Parking District and recommend the changes identified in the Resolution (Attachment 1) to ensure adequate parking and efficient parking enforcement within the Downtown Parking District. In general, the proposed changes increase time limits from two hours to five hours in the areas furthest from the downtown core, facilitating parking for employees of the downtown and thereby improving access to parking for customers; and removes two-hour parking limits in the residential areas outside the business core of the District.
If the resolution is approved by City Council, the changes will become effective immediately following the placement of signs by the City Engineer or his designee. There is no fiscal impact associated with the proposed resolution.
Recommended Action: Adopt a resolution establishing and repealing time limits for parking on designated streets pursuant to Ukiah City Code sections 7160, 7161, 7163, and 7164.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Deputy City Manager Shannon Riley, Assistant City Attorney Darcy Vaughn, City Engineer Tim Eriksen
DIVERSITY-EQUITY INITIATIVES (DEI): n/a
CLIMATE INITIATIVES (CI): n/a
GENERAL PLAN ELEMENTS (GP):
GP-A1 - Land Use Element
RESOLUTION NO. 2024-XX
RESOLUTION OF THE CITY OF UKIAH ESTABLISHING AND REPEALING TIME LIMITS
ON PARKING ON DESIGNATED STREETS PURSUANT TO UKIAH CITY CODE SECTIONS 7160, 7161, 7163, AND 7164
WHEREAS, Ukiah City Code Sections 7160, 7163, and 7164 authorize the City Council, by resolution, to designate certain streets or portions of streets in the City as being restricted to standing or parking for a period of time not longer than two (2) hours or five (5) hours, at any time specified by such resolution; and
WHEREAS, Ukiah City Code Sections 7160 and 7161 authorize the City Council, by resolution, to designate certain streets or portions of streets in the City as being restricted to standing or parking for a period of time not longer than ten (10) minutes or twenty-four (24) minutes, at any time specified by such resolution; and
WHEREAS, Vehicle Code Section 22507 authorizes time limits on parking on designated streets or portions of streets by ordinance or resolution, but requires signs or markings giving adequate notice of the prohibition or restriction before the resolution or ordinance shall apply; and
WHEREAS, The City Council has determined to apply or remove such restrictions on designated street segments as further provided herein;
NOW, THEREFORE BE IT RESOLVED, that:
1. The restriction of Ukiah City Code Section 7164, limiting parking to not more than five (5) hours, shall apply at the following locations:
Street Street Segment
1. Mason Street Between Clara and Perkins Streets
2. Smith Street Between Mason and Main Streets
3. Pine Street Between Henry and Clay Streets
The restriction shall apply on both sides of the above street segments, except on portions of said streets designated as “no parking areas” or where parking is otherwise restricted or prohibited.
2. The restriction of Ukiah City Code Section 7163, limiting parking to not more than two (2) hours, shall apply at the following locations:
1. Seminary Street Between State and Oak Streets,
including current 24-minute parking
space near corner of Oak Street.
The restriction shall apply on both sides of the above street segments, except on portions of said streets designated as “no parking areas” or where parking is otherwise restricted or prohibited.
3. The restrictions of Ukiah City Code Section 7161, limiting parking to not more than ten (10) minutes shall no longer apply at the following locations:
1. North State Street Between Smith and Standley Streets
4. The restrictions of Ukiah City Code Section 7163, limiting parking to not more than two (2) hours, shall no longer apply at the following locations:
1. Oak Street Between Scott and Henry Streets
2. Church Street Between Pine and Dora Streets
3. Perkins Street Between Pine and Dora Streets
4. Standley Street Between Pine and Dora Streets
5. Smith Street Between Pine and Dora Streets
6. Henry Street Between Pine and Dora Streets
6. Bush Street Between Henry and Clay Streets
7. Dora Street Between Clay and Stephenson
Streets
5. The restrictions of Ukiah City Code Section 7164, limiting parking to not more than five (5) hours, shall no longer apply at the following locations:
1. Pine Street Between Scott and Henry Streets
2. Oak Street Between Seminary Avenue and Mill
Street
3. Stephenson Street Between Pine and Dora Streets
4. Clay Street Between Oak and Dora Streets
6. Days and times when restriction applies. The 5-hour and 2-hour parking limits shall apply at the above locations on the following days and times:
Days Times
1. Monday-Friday (5 days/week), 8:00 am – 5:00 pm
excluding legal holidays
2. The above prohibition/limitations shall apply at the locations, days and times specified immediately after the City Engineer or his/her designee installs signs giving adequate notice of the prohibition or restriction.
3. Any previously adopted City Council resolution establishing a different time limit on parking at the above-locations is hereby repealed.
PASSED, ADOPTED and APPROVED this ___ day of ______, 2024 by the following vote on roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Josefina Dueñas, Mayor
ATTEST:
_______________________________
Kristine Lawler, City Clerk
Agenda Item No: 8.f.
MEETING DATE/TIME: 11/6/2024
ITEM NO: 2024-758
AGENDA SUMMARY REPORT
SUBJECT: Approve a Non-Exclusive Interfacility Ambulance Service Agreement with Back-Up Providers and Authorize the City Manager to Negotiate and Execute these Agreements with Eligible Providers.
DEPARTMENT: Fire PREPARED BY: Traci Boyl, City Manager's Office Senior Analyst PRESENTER: Doug Hutchison, Fire Chief
ATTACHMENTS:
1. UVFD-AHHM-AHUV-AHCL Transportation Services Agreement Nonemergent Final (1)
2. Draft. Interfacility Back Up Agreement
Summary: Council will consider approval of a Non-Exclusive Interfacility Ambulance Service agreement with Back-Up Providers and authorize the City Manager to negotiate and execute these agreements with eligible providers.
Background: In November 2023, Adventist Health System/West released a Request for Proposals (RFP) to provide Inter Facility Transfer (IFT) services to three of their hospitals. The Ukiah Valley Fire Authority (UVFA) was invited to submit a proposal and through the evaluation process was selected to be the provider and City Council approved the agreement on August 7, 2024 (Attachment 1).
Under this three-year agreement, Ukiah Valley Fire Authority will provide IFT service to Adventist Health System/West’s facilities at Howard Memorial, Ukiah Valley, and Clearlake. Key terms of the agreement include the following required response time requirements:
1. 180-minute response time form the time the call is received for BLS-NE transport when Adventist Health transport team is used for a CCT-RN transport.
2. 120-minute response time from the time the call is received for ALS_NE transport and when Adventist health transport team is used for a CCT-RN transport.
3. 120-minute response time from the time the call is received for a CCT-RN transport solely utilizing Vendor staff.
The agreement allows UVFA to utilize partners, or subcontractors to meet these obligations, but all IFT services outlined in the agreement must be coordinated through the Ukiah Valley Fire Authority. Additionally, the terms allow for subsidies from Adventist Health Systems/West to subsidize any disparity between UVFA's billing revenue and actual expenses.
Discussion: UVFA and Adventist Health have agreed to an implementation date of November 1, 2024. Due to several factors, such as call volume and anticipated transport needs, UVFA anticipates that additional resources may be needed to meet the required response times.
To address these needs, UFVA proposes to collaborate with qualified service providers under a Non-Exclusive Interfacility Ambulance Service Agreement. The agreement establishes the terms and conditions under which back-up providers will offer transportation services when UVFA cannot meet the response time requirements.
This collaboration aims to strengthen long-term partnerships enhancing both emergent and non-emergent transport services within the community.
There is no direct fiscal impact on UVFA or the City. Compensation for back-up providers will be negotiated between UVFA and the providers, in accordance with City procurement policies and requirements, and will be billed in alignment with the terms of the Adventist Health and UVFA agreement. Staff recommends the City Council approve this Non-Exclusive Interfacility Ambulance Service Agreement with Back-Up Providers (Attachment 2) and authorize the City Manager to negotiate and execute these agreements with eligible providers.
Recommended Action: Approve an Interfacility Ambulance Service Agreement with Back-Up Providers and authorize the City Manager to negotiate and execute these agreements with eligible providers.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE:
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH: Doug Hutchison, Fire Chief; David Rapport, City Attorney; Finance Department DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP):N/A
ATTACHMENT 1
�,,
Adventist HealthG
NONEMERGENT TRANSPORTATION S£RVlCES AGREEMENT
This NON EMERGENT TRANSPORTATION SERVICES AGREEMENT ("Agreement") is made and entered into effectjve as of the Effective Date in Section (E), below, by and among Willits Hospital, lnc., a California nonprofit religious corporation d/b/a Adventist Health Howard Memorial, Ukiah Adve11tist Hospital, a California nonprofit religious corporation d/b/a Adventist Health Ukiah Valley, Adventist Health Mendocino Coast. a Califomfa nonprofit public benefit corporation and Adventist Health Clearlake Hospital, Inc a California nonprofit Teligious corporation d/b/a Adventist Health Clear Lake, (indjvidually a "Faci)jty" and collectively "Adventist Health"), and the entity identified below in Section (A). This Agreement may refer to Adventist Health and Consultant individually as a ''Party" or collectively as the "Parties." This Agreement includes this cover sheet ("Cover Page"), the attached Recitals, Articles, and the exhibits identified in Section (F). (A) Legal Name: City of Ukiah on behalf of the Ukiah Valley ("Vendor") Fire Authority
Address for notices: 1500 South State St.
Ukiah, CA 95482
Notices shall comply with Section 6.14.
(B) Adventsist Health's address for notices:
Willits Hospital Inc. d/b/a Adventist Health Howal'd Memo1ial I Marcela Dr
Willits, CA 95490
Attention: Finance Officer
Ukiah Adventist Hospital dba Adventist Health Ukiah Valley 275 Hospital Dr.
Ukiah, CA 95482
Attention: Finance Officer
Adventist Health Clearlake Hospital, Inc dba
Adventist Health Clear Lake
I 5630 18th Avenue
Clearlake, CA 95422
Attention: Finance Officer
With a copy to: Adventist Health System/West
One Adventist Health Way
Roseville, California 95661
Attention: Office of General Counsel
Notices shall comply with Section 6.14.
(C) Goods and/Ot' Services: Nonemergent transportation (''Transportation Services")
(D) Term, D 1 year D 2 years IXl 3 years D Other: See Section 4.1 ("Term") (E) Effective Date: August l, 2024 ("Effective Date")
Nonemergent Transportation Services Agreement 10230629
2 Nonemergent Transportation Services Agreement
F) The following exhibits are part of this Agreement:
Exhibit 2.1 Transportation Services
Exhibit A Ambulance Transport Order Form
Exhibit B Medical Transportation Protocols
Exhibit C Utilization and Quality Management Program
Exhibit D Reimbursement Rates
Exhibit 2.2 Business Associate Agreement
Exhibit 3.1 Compensation
The Parties have executed this Agreement as ofthe dates below and signify their agreement with duly authorized signatures.
Adventist Health:
By: _____________________________
Name: Jeff Mock
Title: Treasurer
Date:
Vendor:
By: _____________________________
Name:
Title:
Date: 07/31/2024
3 Nonemergent Transportation Services Agreement
NONEMERGENT TRANSPORTATION SERVICES AGREEMENT
Recitals
A. Adventist Health operates a multi-facility health system, including acute care hospitals and affiliated healthcare facilities in Lake and Mendocino Counties ( individually, the “ County”) located in the cities of Ukiah, Willits, and Clearlake, within the state of California.
B. Vendor is a general law municipal corporation (“ City”) and fire protection district (“District”) both local governments jointly providing the Transportation Services described in this Agreement.
C. Adventist Health wishes to engage Vendor to perform certain transportation services in accordance with the terms and conditions of this Agreement.
In consideration of these recitals and the terms and conditions below, the Parties agree as follows:
Article 1
Definitions
1.1 “ Affiliate” means any entity that, directly or indirectly, controls, is controlled by or is under common control with Adventist Health or Vendor.
1.2 “ Government Action” means any legislation, regulation, rule or procedure passed, adopted or implemented by any federal, state or local government or legislative body or any private agency, or any notice of a decision, finding, interpretation or action by any governmental or private agency, court or other third party which, in the opinion of legal counsel to Adventist Health, because of the arrangement between the Parties pursuant to this Agreement, if or when implemented, would: ( i) revoke or jeopardize the status of any health facility license granted to Adventist Health or any Affiliate of Adventist Health; ii) revoke or jeopardize the federal, state, or local tax-exempt status of Adventist Health, or any Affiliate of Adventist Health, or their respective tax-exempt financial obligations; (iii) prohibit Adventist Health or any Affiliate of Adventist Health from billing for services provided to patients; (iv) subject Adventist Health, Vendor, any Affiliate of Adventist Health, or any of their respective employees or agents, to civil or criminal prosecution (including any excise tax penalty under Internal Revenue Code Section 4958), based on their participation in executing this Agreement or performing their respective obligations under this Agreement; or (v) jeopardize Adventist Health’ s full accreditation with any accrediting organization as Adventist Health designates from time to time.
1.3 “ Policies” means all applicable Adventist Health policies and procedures, as amended from time to time, copies of which have been furnished or made available electronically to Vendor.
1.4 “ Vendor Personnel” means Vendor’ s members, officers, directors, employees, independent contractors, and agents.
Article 2
Duties of Vendor
2.1 Transportation Services. Vendor shall provide ground Transportation Services as specified in Exhibit 2.1 solely to patients of Adventist Health.
2.2 Business Associate.
a) Vendor may receive Protected Health Information from Adventist Health while providing the Transportation Services. For purposes of this Agreement, “Protected Health Information” has the same meaning as “ protected health information” in the federal Health Insurance Portability and Accountability Act of 1996 and the federal Health Information Technology for Economic and Clinical Health Act of 2009 and their respective regulations, including 45 C.F.R. § 164.501.
4 Nonemergent Transportation Services Agreement
b) Considering Section 2.2(a), the Parties shall concurrently enter into a business associate agreement, which shall govern the disclosure of such Protected Health Information under this Agreement and is attached as Exhibit 2.2 (“Business Associate Agreement”). c) If there is a conflict between this Agreement and the Business Associate Agreement, the Business Associate Agreement governs.
2.3 Standards of Performance.
a) Industry Standards. Vendor shall perform the Transportation Services in accordance with industry standards established by those engaged in a business similar to that of Vendor in the geographic area served by Vendor.
b) Licenses. Vendor shall obtain at its own cost all licenses (including professional licenses), permits, certificates and authorizations necessary for Vendor to do business in all jurisdictions where any part of the Transportation Services are to be performed, and give all notices required under applicable law.
c) Training and Safety. Vendor Personnel that provide Transportation Services shall have the requisite skill, training, licensing, and qualifications necessary to perform Transportation Services in accordance with generally accepted industry standards.
d) Vehicles and Equipment. If Vendor is providing the vehicles and equipment to provide Transportation Services, such vehicles and equipment shall be in good and safe condition, with good title, reasonably maintained, and lack any known defects or hazards. e) Order. Vendor shall, at all times, enforce strict discipline and good order among its employees and subcontractors and shall have only qualified personnel perform Transportation Services in connection with this Agreement. Vendor shall not employ any unfit person or anyone not skilled in performance of the Transportation Services in connection with this Agreement. Adventist Health has the right to require Vendor to remove any Vendor Personnel whose presence Adventist Health deems, in its sole discretion, to be detrimental to the best interests of Adventist Health or any of its patients or staff. f) Identification of Employees. Vendor acknowledges that Adventist Health has vendor registration Policies and procedures, and that Vendor Personnel will be required to comply with all such registration requirements. All Vendor Personnel that require access to Adventist Health shall be registered and credentialed with Adventist Health’ s credentialing system. Vendor Personnel that have not been appropriately registered and credentialed will be denied access to Adventist Health. Vendor shall have Vendor Personnel prominently wear name tags or other suitable identification indicating their status as employees of Vendor when at Adventist Health.
g) Harmonious Relations. Vendor acknowledges and agrees that the Transportation Services will take place at hospitals and other healthcare facilities where health and medical care are provided and any actions which jeopardize the delivery of medical services may have serious, lifethreatening consequences. Vendor shall take all action necessary to ensure that Vendor Personnel shall at all times work in harmony with, and shall not interfere with or disrupt or cause labor disharmony with the activities of Adventist Health, or any other contractor or third party at Adventist Health. h) Waste Removal. Vendor shall keep the Facilities free from accumulation of waste materials or rubbish caused by Vendor's operations.
2.4 Compliance.
a) Laws and Guidelines. Vendor and Vendor Personnel shall comply with all laws, guidelines, ordinances, rules, regulations and accrediting agency standards (including The Joint Commission standards) which are applicable to Vendor’ s performance under this Agreement. Vendor
5 Nonemergent Transportation Services Agreement
shall not take, and is not authorized to take, any action in the name of or on behalf of Adventist Health, or which would violate any applicable law or guideline. If Vendor performs any Transportation Services contrary to applicable law or guideline, any additional costs resulting therefrom, including costs to comply with such law and the cost of fully indemnifying Adventist Health from any liability or expenses with respect to such violations by Vendor may be offset by Adventist Health against amounts due and owing to the Vendor hereunder.
b) Policies. Vendor shall also ensure that Vendor Personnel comply with all Policies while performing Transportation Services on Adventist Health’ s premises, including Policies relating to smoking, security, parking, use of radio equipment and mobile devices, access to any computer network, security, clothing and dress. In the event of a conflict between this Agreement and the Policies, the Policies govern.
c) Accreditation. Vendor shall comply with all applicable accreditation standards required by Adventist Health, including any applicable standards of The Joint Commission, the Centers for Medicare and Medicaid Services, the Department of Health and Human Services, and any other federal, state, and local agencies and accreditation organizations. d) Safety Regulations. Without reducing or affecting Adventist Health’ s obligations to exercise due care in the maintenance and use of its Facilities and equipment, Vendor shall take all necessary and desirable precautions for the safety of all persons on Adventist Health’ s property, and provide the necessary protection to prevent damage, injury, or loss: (i) to or at Adventist Health; (ii) to all materials or equipment to be provided, incorporated in, or utilized in connection with the Transportation Services, whether on or off Adventist Health’ s property; and ( iii) to all persons receiving Transportation Services. Vendor is prohibited from bringing any firearms, explosives or weapons of any kind onto Adventist Health’ s property.
2.5 Confidential Information. Vendor acknowledges that during the performance of Transportation Services, Vendor or Vendor Personnel may receive confidential information of Adventist Health, whether disclosed orally, visually or in writing, and whether or not bearing any legend or marking indicating that such information or data is confidential, including know-how, processes, trade secrets, manuals, confidential reports, services rendered by Adventist Health, procedures and methods preferred by Adventist Health’ s patients, individually identifiable health information (as defined under HIPAA) and derivatives thereof, fees paid by patients, financial and operational information, and other matters relating to the operation of Adventist Health’ s business; or other information which Vendor knows or has reason to know is confidential information of Adventist Health (all referred to herein as “ Confidential Information”). Vendor and Vendor Personnel shall hold all Confidential Information in confidence, using the same degree (but no less than a reasonable degree) of care and protection that Vendor exercises with its own confidential information, during the term of this Agreement. Vendor and Vendor Personnel shall not disclose, copy, distribute, republish or allow access to any Confidential Information to a third party; nor shall Vendor or Vendor Personnel use Confidential Information for any purpose other than as necessary to fulfill Vendor’ s obligations under this Agreement. Notwithstanding the above, Vendor may disclose Confidential Information if so required by law or regulation (including court order or subpoena or other governmental decree or authority), provided that Vendor will, if allowed by law, notify Adventist Health promptly upon learning of the government requirements and before making such disclosure, and will provide Adventist Health with an opportunity (at Adventist Health’ s expense) to resist such disclosure or to seek a protective order or other appropriate procedure so that the disclosure, if required, can be made in a manner that preserves the confidentiality of the Confidential Information. Vendor shall promptly notify Adventist Health of any improper use or disclosure of Confidential Information.
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2.6 Publicity. Vendor shall not use Adventist Health's trade name, trademarks, brands, or company logo in any form of publicity or release. Vendor shall not make any statement, advertisement or publicity, nor issue any marketing letter, about the existence or terms of this Agreement without the prior written consent of Adventist Health, which Adventist Health may withhold in its sole discretion.
2.7 Excluded Persons. Vendor represents and warrants that neither it nor anyone acting on its behalf is a person or entity with whom Adventist Health is restricted from doing business due to: (a) regulations of the Office of Foreign Assets Control (“ORAC”) of the Department of the Treasury (including those names on OFAC’ s Specially Designated and Blocked Persons List); (b) identification by any federal or state agency as excluded, debarred, suspended or otherwise ineligible to participate in federal and/or state health care programs; (c) conviction of any crime relating to any federal and/or state health care program; or (d) any statute, executive order, or other governmental action. Vendor shall promptly notify Adventist Health in writing in the event Vendor, any Vendor Personnel, or subcontractor is restricted under this Section.
2.8 Physician Ownership. Vendor shall disclose all financial and consulting relationships it has with physicians and other clinicians on the staff of Adventist Health or any Affiliate, or the family members of any such physicians or clinicians and shall comply in all respects with the AdvaMed Code of Ethics on Interactions with Health Care Professionals as currently in effect. Vendor represents that it is not owned in whole or part by any physician, or any immediate family member of a physician, who is on the medical staff of Adventist Health or any Affiliate, unless Vendor is a corporation that is listed for trading on a recognized national, regional, or foreign stock exchange.
2.9 Subcontractors. Vendor may not use subcontractors to perform Transportation Services unless doing so is compliant with this Agreement.
2.10 Invoicing. To the extent Vendor is not required to bill a third party for Transportation Services, Vendor shall bill Adventist Health for such compensation not more frequently than monthly, unless more frequent billing is requested by Adventist Health. Vendor shall bill Adventist Health no later than 90 days after completion of the Transportation Services, or ifthe Transportation Services are ongoing, no later than 90 days after each month in which Transportation Services are performed. Vendor shall not be paid for Transportation Services billed after such date.
Article 3
Duties of Adventist Health
3.1 Compensation. Adventist Health shall pay Vendor in accordance with the fee schedule in Exhibit 3.1 for Vendor’ s provision of Transportation Services. Notwithstanding any other provision in this Agreement, the fee schedule shall be fixed; Vendor shall not change the fee schedule without a written amendment to this Agreement signed by the Parties.
3.2 Payment. Adventist Health shall pay all undisputed invoices within 45 days following the receipt of Vendor’ s invoice. All compensation required by this Agreement to be made to Vendor shall survive the expiration and/or termination of this Agreement.
Article 4
Term and Termination
4.1 Term. This Agreement shall begin on the Effective Date and continue for the Term set forth in Section D of the Cover Page, subject to any early termination or renewal provided herein. This Agreement may be renewed for successive 1 year renewal periods upon the mutual written agreement of the Parties.
4.2 Termination Without Cause. Either Party may terminate this Agreement at any time, without cause, penalty, or expense upon 45 days’ prior written notice to the other Party.
7 Nonemergent Transportation Services Agreement
4.3 Termination by Adventist Health. Adventist Health may terminate this Agreement upon the occurrence of any one or more of the following events:
a) any breach of this Agreement by Vendor where the breach is not cured within 30 days after Adventist Health gives written notice of the breach to Vendor; b) neglect of Transportation Services by Vendor in a manner that poses an imminent danger to the health or safety of any individual or violates Adventist Health’ s Policies; c) Vendor makes an assignment for the benefit of creditors, admits in writing the inability to pay its debts as it matures, applies to any court for the appointment of a trustee or receiver over its assets, or upon commencement of any voluntary or involuntary proceedings under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution liquidation or other similar law of any jurisdiction;
d) the insurance required to be maintained by Vendor under this Agreement is terminated, reduced below the minimum coverage requirements set forth in this Agreement, not renewed or cancelled whether by action of the insurance company or Vendor) for any reason, and Vendor has not obtained replacement coverage as required by this Agreement prior to the effective date of such termination, reduction, non-renewal or cancellation; or
e) upon a sale of all or substantially all assets comprising Adventist Health’ s general acute care hospital, any change of control in Adventist Health’ s organization, or any change in control of its day-to-day operations, whether through a membership change or by management contract. Adventist Health shall notify Vendor in writing of such sale or change of control at least 30 days prior to the closing date of any such sale or the effective date of any such change of control.
4.4 Termination by Vendor. Vendor may terminate this Agreement immediately upon breach of this Agreement by Adventist Health where the breach is not cured within 30 days after Vendor gives written notice of the breach to Adventist Health.
4.5 Termination or Modification in the Event of Government Action. a) Ifthe Parties receive notice of any Government Action, the Parties shall make reasonable efforts to amend this Agreement to comply with the Government Action. b) Ifthe Parties are unable to amend the Agreement to comply with the Government Action, or, alternatively, if either Party determines in good faith that compliance with the Government Action is impossible or infeasible, this Agreement shall terminate 10 days after one Party notices the other of such fact.
4.6 Effect of Termination. Upon any termination or expiration of this Agreement, all rights and obligations of the Parties shall cease except those rights and obligations that have accrued or expressly survive such termination or expiration.
4.7 Return of Property. Upon any termination or expiration of this Agreement, Vendor shall immediately return to Adventist Health all of Adventist Health’ s property, including Adventist Health’ s equipment, supplies, furniture, furnishings, and patient records, which is in Vendor’ s possession or under Vendor’ s control.
Article 5
Indemnification and Insurance
5.1 Indemnification.
a) Vendor shall defend, indemnify, and hold harmless Adventist Health and its Affiliates (as defined below) and their respective members, directors, officers, employees, and agents from and against
8 Nonemergent Transportation Services Agreement
any and all claims, actions, suits, demands, damages, judgments, assessments, liabilities, losses costs and expenses (including reasonable attorney’ s fees and costs of litigation) (collectively “Claims”) relating to or arising out of: (i) an allegation that Transportation Services infringe a third party’ s trademark, patent, copyright, or other intellectual property right; ( ii) the negligent performance of Vendor’ s obligations under this Agreement; (iii) a breach or default in the performance of any of Vendor’ s obligations under this Agreement, including, without limitation, any breach of any representation or warranty; (iv) any False Claims Act suit; (v) a misrepresentation by Vendor or Vendor Personnel; (vi) Vendor or any Vendor Personnel’ s (A) willful misconduct or (B) failure to comply with applicable laws; (vii) Adventist Health’ s exercise of its contractual rights under this Agreement; or (viii) all Claims made by any Vendor Personnel to the extent such Claims are not caused by or arising out of or relating to any negligent act, error or omission, willful, fraudulent, or negligent misconduct of Adventist Health. b) Vendor shall indemnify and hold harmless Adventist Health if any amount of applicable reimbursement is denied or disallowed because of Vendor’ s failure to comply with the obligations set forth in this Agreement. Such indemnity shall include, but not be limited to, the amount of reimbursement denied, plus any interest, penalties, and legal costs.
c) Adventist Health shall indemnify, defend, and hold Vendor harmless from and against any and all Claims arising out of or relating to: (i) Adventist Health’ s failure to comply with the terms of this Agreement or (ii) the negligent acts or omissions of Adventist Health or any of its employees or agents in the performance of Adventist Health’ s obligations under this Agreement or Adventist Health’ s provision of medical treatment or care of an Adventist Health patient transported by Vendor or information about the patient’ s care or condition furnished to Vendor prior to Vendor’ s transport of the patient.
d) Insurance coverage does not limit the indemnification in this Section.
5.2 Insurance. Each Party, shall maintain at its own expense the following insurance coverage, with the minimum amounts listed below:
a) Workers’ Compensation Insurance. When required by law, Workers’ Compensation insurance sufficient to comply with any applicable Workers’ Compensation Law. When coverage is required under this Section, Vendor waives its rights of recovery and will request its insurer to issue an endorsement waiving rights of subrogation against Adventist Health. b) Commercial General Liability Insurance. Commercial General Liability insurance including, but not limited to, contractual liability coverage, independent contractor’ s liability, coverage for bodily injury (including death), property damage (including loss of use thereof), ongoing and completed operations, products liability, and personal and advertising injury, in the amount of $1,000,000 per occurrence and $3,000,000 in the aggregate. This coverage shall be primary to Adventist Health’ s coverage, and Adventist Health’ s coverage shall be noncontributory. c) Employers Liability Insurance. Employers’ Liability insurance with minimum liability limits of $1,000,000.00 for each occurrence. Sole proprietors with no employees are exempt of this requirement unless and until the sole proprietor becomes an employee. When coverage is required under this Section, Vendor waives its rights of recovery and will request its insurer to issue an endorsement waiting rights of subrogation against Adventist Health. d) Commercial Automobile Liability Insurance. Commercial Automobile Liability insurance shall cover injury (or death) and property damage arising out of the ownership, maintenance, or use of any private passenger or commercial vehicles and any other equipment required to be licensed for road use with a combined single limit of $1,000,000.00 per occurrence.
9 Nonemergent Transportation Services Agreement
e) Excess or Umbrella Liability Insurance. Vendor shall provide Excess or Umbrella Liability insurance on a follow-form basis with respect to the Commercial General Liability, Employers’ Liability, and Commercial Automobile Liability insurance with minimum limits equal to $3,000,000 each occurrence and $ 3,000,000 annual aggregate.
f) Notwithstanding any other provision, to the extent Agreement includes any insurance requirements applicable to Adventist Health, Vendor agrees that Adventist Health participation in Adventist Health System/ West’ s program of self- insurance and insurance shall be deemed to satisfy and such insurance requirement under this Agreement; and Adventist Health agrees that Vendor shall deemed to have satisfied its insurance requirement through it’s pooled risk coverage under the currently effective Memorandum of Coverage issued to its local government members by the California Intergovernmental Risk Authority (“CIRA”) or any comparable successor joint powers agency formed under the California Joint Exercise of Powers Act (Cal. Gov. Code §6500 et seq.).
5.3 Insurance Certificate. Each Party shall provide the other Party with insurance certificates for these policies, except Property insurance, prior to Services beginning under the Agreement, or Services will not be allowed to commence.
5.4 Policy Cancellation Notice. Each Party’ s insurance shall provide that coverage under the policy( s) shall not be cancelled without at least 30 days’ written notice of policy cancellation to the other Party.
Article 6
General Provisions
6.1 Amendment. This Agreement may be modified or amended only by mutual written agreement of the Parties. Any such modification or amendment must be in writing, dated, signed by the Parties, and attached to this Agreement.
6.2 Assignment. Except for assignment by Adventist Health to an entity owned, controlled by, or under common control with Adventist Health, neither Party may assign any interest or obligation under this Agreement without the other Party’ s prior written consent. This Agreement shall be binding on and shall inure to the benefit of the Parties and their respective successors, heirs, and assigns. Any attempted assignment in violation of this Section is null and void.
6.3 Attorney’s Fees. The prevailing Party in any dispute or proceeding concerning this Agreement shall be awarded all reasonable costs and expenses, including reasonable attorney’ s fees, including the allocated fees of in-house counsel, subject to the prevailing Party being entitled to recover costs of suit.
6.4 Authorized Persons. Whenever any consent, approval, or determination of a Party is required pursuant to this Agreement, the consent, approval or determination shall be rendered on behalf of the Party by the person or persons duly authorized to do so, which the other Party shall be justified in assuming means any officer of the Party rendering such consent, approval or determination, or the Party’ s board of directors or Legislative Body. Notwithstanding any other provision of this Agreement, only the Chair of the Board, Vice Chair, President, Secretary, Finance Officer, or either Assistant Secretary of Adventist Health, if any, and only the Fire Chief, City Manager, Executive Committee or City Council/District Board of Directors shall have actual, apparent, implied, and ostensible authority to approve, solely through written execution, any amendments, waivers, assignments, delegations, or restatements to this Agreement. Vendor and Adventist Health acknowledge that any other persons lack actual, apparent, implied, and ostensible authority to approve such amendments, waivers, assignments, delegations, or restatements to this Agreement.
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6.5 Choice of Law and Venue. The laws of the State of California govern this Agreement, without regard to its conflict of laws rules that cause another jurisdiction’ s laws to govern instead. When necessary to go to court in aid of arbitration, the venue is Sacramento County, California.
6.6 Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all such counterparts together will constitute one and the same instrument.
6.7 Dispute Resolution. Ifthere is any dispute, claim, or controversy arising out of or relating to this Agreement (“ Dispute”), the Parties shall meet and confer through their duly authorized representatives in good faith to resolve the Dispute. Ifthe Dispute is not resolved to the mutual satisfaction of the Parties within 30 days of written notice of the Dispute, the Dispute shall be determined by binding arbitration in Sacramento County, California before one arbitrator. The Parties intend that the arbitrator shall decide all questions of arbitrability, not the courts. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules (the “ Rules”) or another arbitrator and rules approved by both Parties. To the fullest extent permitted by the Rules, the arbitration shall occur remotely, including, but not limited to, by telephone, Zoom, Skype, Microsoft Teams, or any other similar remote forum. Any in-person proceedings required by the Rules shall occur in Sacramento County, California. The arbitrator shall provide a written award accompanying the reasons for the decision and all arbitration costs and fees shall be equally split between the Parties. The Federal Arbitration Act shall apply if any part of this Agreement directly or indirectly affects or involves interstate commerce. Judgment on the award may be entered in any court having jurisdiction and this section shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. The Parties ( a) acknowledge that the courts in Sacramento County, California have appropriate jurisdiction and venue for such purposes; (b) consent to the jurisdiction of Sacramento County, California; and (c) to the extent allowed by law waive all objections based on jurisdiction, venue, and forum non conveniens of such courts. This Section shall survive the expiration or termination of this Agreement. This provision does not affect or waive the applicability of the California Tort Claims Act, commencing with Government Code Section 810, to claims against Vendor.
6.8 Entire Agreement. This Agreement is the entire understanding and agreement of the Parties regarding its subject matter, and supersedes any prior oral or written agreements, representations, understandings or discussions between the Parties. No other understanding between the Parties shall be binding on them unless set forth in writing, signed and attached to this Agreement.
6.9 Exhibits. The attached exhibits, together with all documents incorporated by reference in the exhibits, form an integral part of this Agreement and are incorporated into this Agreement wherever reference is made to them to the same extent as ifthey were set out in full at the point at which such reference is made.
6.10 Force Majeure. Neither Party is liable for nonperformance or defective or late performance of any of its obligations under this Agreement to the extent and for such periods of time as such nonperformance, defective performance or late performance is due to reasons outside such Party’ s control, including acts of God, pandemics, epidemics, war (declared or undeclared), action of any governmental authority, riots, revolutions, acts of terrorism, fire, floods, explosions, sabotage, nuclear incidents, lightning, weather, earthquakes, storms, sinkholes, failure of utilities, strikes, or similar nonperformance or defective performance or late performance beyond a Party’ s control.
6.11 Further Assurances. Each Party shall, at the reasonable request of the other Party, execute and deliver to the other Party all further instruments, assignments, assurances and other documents, and take any actions as the other Party reasonably requests in connection with the carrying out of this Agreement.
6.12 Headings. The headings in this Agreement are intended solely for convenience of reference and shall be given no effect in the construction or interpretation of this Agreement.
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6.13 Meaning of Words. Wherever the context may require, any pronouns used in this Agreement shall include the corresponding masculine, feminine, or neuter forms, and the singular form of nouns shall include the plural and vice versa. Unless otherwise specified: (a) “ days” shall be considered “ calendar days;” ( b) “ months” shall be considered “ calendar months;” and ( c) “ including” means “ including, without limitation” in this Agreement and its exhibits and attachments. This Section shall survive the termination of this Agreement.
6.14 Notices. Each Party shall appoint a key contact to coordinate all activities regarding business, communication, and issues with Transportation Services in connection with this Agreement. All notices required or permitted under this Agreement shall be in writing and shall be delivered either: (a) by overnight delivery using a nationally recognized overnight courier (e.g., Federal Express, United Parcel Service, or any other similar service), in which case notice shall be deemed delivered 1 business day after deposit with such courier; (b) by personal delivery, in which case notice shall be deemed delivered upon receipt; or (c) by email, in which case notice shall be deemed delivered upon confirmation of transmission. In each case, notice shall be delivered or sent to the address indicated on the Cover Page, or such other address or email as provided by a Party, from time to time, pursuant to this Section.
Notwithstanding any other provision in this Agreement, any notice by email to Adventist Health shall include a email copy to Law-Contracts@ah. org.
6.15 Not Construed Against Drafter. This Agreement has been negotiated and prepared by the Parties and their respective legal counsel and should any provision of this Agreement require interpretation by a court, arbitrator, government agency, or any other appropriate entity, such entity interpreting the provision shall not apply the rule of construction that a document is to be construed more strictly against one Party.
6.16 No Third-Party Beneficiary Rights. The Parties do not intend to confer and this Agreement shall not be construed to confer any rights or benefits to any person, firm, group, corporation or entity other than the Parties.
6.17 Quality Measurement and Reporting. In support of Adventist Health’ s performance improvement/quality assurance program and Adventist Health’ s efforts to comply with applicable standards of The Joint Commission, the conditions of participation of the Centers for Medicare and Medicaid Services (“ CMS”), and state and local regulations, Vendor agrees to collaborate with Adventist Health on quality aspects of patient care and safety. Vendor agrees to measure and report quality indicators to Adventist Health, to the extent reasonably requested and as mutually agreed by Vendor and Adventist Health, in connection with the performance of the Transportation Services provided in this Agreement. Adventist Health and Vendor will collaboratively review such quality indicator performance and work to identify opportunities for improvement of the Transportation Services. The Parties acknowledge that the measurement and review of quality indicators are in furtherance of the goal to improve the quality of patient care.
6.18 Records. To the extent required by law or regulation, Vendor shall make available, or shall cause to be made available upon written request from Adventist Health, the Secretary of Health and Human Services, the Comptroller General of the United States, or any other duly authorized agent or representative, this Agreement and Vendor’ s books, documents, and records pertaining to this Agreement as Vendor may do so legally. Vendor shall preserve or cause to be preserved such books, documents and records for a period that is the longer of 4 years after the end of the Term of this Agreement or the length of time required by state or federal law. If Vendor is requested to disclose books, documents or records pursuant to this Section for any purpose, Vendor shall notify Adventist Health of the nature and scope of such request, and Vendor shall make available to Adventist Health, upon written request of Adventist Health, all such books, documents or records. This Section shall survive the expiration or termination for any reason of this Agreement.
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6.19 Referrals. The Parties intend that this Agreement does not consider the volume or value of referrals payable by any federal or state health care program and that any compensation or remuneration arising from or relating to this Agreement were done through an arm’ s length negotiation. The Parties shall comply with the Anti- Kickback Statute, 42 U.S.C. § 1320a- 7b(b) and its “ Personal Services” safe harbor, 42 C.F.R. § 1001.952(d).
6.20 Severability. If any provision of this Agreement is determined to be illegal or unenforceable, that provision shall be severed from this Agreement, and such severance shall have no effect upon the enforceability of the remainder of this Agreement unless the purpose of this Agreement is thereby destroyed.
6.21 Statutes and Regulations. Any reference in this Agreement to any statute, regulation, ruling, or administrative order or decree shall include, and be a reference to any successor statute, regulation, ruling, or administrative order or decree.
6.22 Waiver. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a Party must be in writing to be effective, and shall apply solely to the specific instance expressly stated.
Exhibit 2.1-1
Nonemergent Transportation Services Agreement
Exhibit 2.1
Transportation Services
Vendor is a City and District duly authorized and permitted to provide ground transport services Transportation Services”).
Adventist Health desires to have Vendor provide Transportation Services to facilitate the transfer of Adventist Health patients between Adventist Health facilities within the County as requested from time to time.
Services Definitions:
1.1 ALS-NE or ALS Non-Emergent Transport: shall mean Advanced Life Support Non-Emergent transport which is the use of an ambulance for the transport of patients to another medical facility or between facilities owned by Adventist Health for treatment, where the patient’ s medical condition is such that one or more of the ambulance attendants must be a licensed paramedic or EMT-P fulfilling State of California Code of Regulations Title 22 licensing requirements and local County EMS guidelines. All such ALS- NE transports shall fall within the criteria designated as medically appropriate. This service is subject to local County EMS rules and regulations regarding predesignated providers, and Vendor will make all necessary efforts to meet these rules and regulations.
1.2 Ambulance Order Form – shall mean the process to complete an order form shown in Exhibit A for use by Adventist Health to request Vendor’ s Transportation Services, authorize payment, inform Vendor when it must seek another party for transport payment, and to provide the necessary Physician Certification Statement for CMS and the State of California Department of Health Services for eligible Medi- Cal recipients. Both Parties may modify this process by mutual written consent at any time.
1.3 Applicable Payor – shall mean those payors, in addition to Adventist Health, that have the Direct Financial Responsibility to pay for transport ordered from the Vendor.
1.4 Authorization – shall mean Vendor has gained the appropriate CMS, Health Plan, and/ or Adventist Health approvals for the level of transport service provided for any patient or Enrollee of a Plan. Adventist Health will only pay for those Transportation Services that have proper authorization according to Ambulance Order Form and the Medical Transport Protocols as shown in Exhibits A and Exhibit B.
1.5 BLS-NE or BLS Non Emergent Transport: shall mean Basic Life Support transport which is the use of an ambulance for the transport of patients to another medical facility, transport between facilities owned by Adventist Health, or transport to another alternate destination either for treatment or for discharge where the patient’ s medical condition is such that both the attendant and driver must be licensed as an EMT-Ifulfilling State of California Code of Regulations Title 22 licensing requirements and local County EMS guidelines. Any time Adventist Health provides the nurse and/or respiratory therapist for a CCT-RN transport, such transport shall be designated at a minimum as a BLS transport.
1.6 California Department of Managed Health Care – shall mean the California Department of Managed Health Care which has operational oversight of all Health Plans registered to operate within the State of California.
1.7 Call Center – shall mean the telephone triage dispatch center staffed and equipped by Vendor to respond to all requests for Transportation Services requested by Adventist Health.
1.8 CCT- RN Transport: shall mean Critical Care Registered Nurse transport, which is a BLS- NE with the addition of a nurse and/or respiratory therapist. Any time Adventist Health provides the nurse and/or respiratory therapist for a CCT-RN transport, such transport shall be designated at a minimum a BLS transport. These specially equipped ambulances shall have additional medical air, oxygen tanks, and an inverter.
Exhibit 2.1-2
Nonemergent Transportation Services Agreement
1.9 Critical Care Transport (“CCT”)/Specialty Care Transport (“SCT”): Adventist Health-toAdventist Health transportation of a critically injured or ill beneficiary by a ground ambulance vehicle, including the provision of medically necessary supplies and services, at a level of service beyond the scope of the EMT- Paramedic. CCT/ SCT transport is necessary when a patient’ s condition requires ongoing care that must be furnished by one or more health professionals in an appropriate specialty area, for example emergency or critical care nursing, emergency medicine, respiratory care, cardiovascular care or a paramedic with additional training. These specially equipped ambulances shall have additional medical air, oxygen tanks, and an inverter.
1.10 Clean Claim – shall mean a claim submitted in an Excel spreadsheet or on a standard CMS form or regulated HIPAA transaction code set that contains thefollowingdata: patient name, patient date of birth, patient address ( including street address, city, state, and zip code), relationship to primary Enrollee, membership or Social Security number, date of service, diagnostic code or condition code, current CPT/HCPC Codes, modifiers for origin and destination, charge, charge units, federal tax ID number, and Vendor name and address. Any individual data item or authorization document may be deleted upon agreement between both Parties.
1.11 CMS Guidelines. Vendor and Adventist Health agree to use published CMS guidelines in place at time of transport governing Medical Necessity, State of California Medi-Cal guidelines, and other applicable guidelines from third party payors and health plans as the predominant basis for any transport payment utilization review.
1.12 Commercial – shall mean any third party insurer or payment source for Medical Transport Services.
1.13 Coordination of Benefits – shall mean the determination of which of two or more Plans or other third-party payors are primarily or secondarily responsible for Covered Services provided to an Enrollee.
Such coordination is intended to preclude the Enrollee from receiving an aggregate of more than one hundred percent (100%) of covered charges from all coverage. When the primary and secondary benefits are coordinated, determination of liability shall be in accordance with the usual procedures employed by the California Department of Insurance and applicable federal, state and local regulations.
1.14 Co-payments – shall mean that portionofthecost of Covered Services that an Enrollee is obligated to pay under the terms of the applicable Plan’ s Health Benefits Plan, including deductibles, coinsurance and supplemental charges. A Co-payment may be either a fixed dollar amount or a percentage of the applicable Adventist Health contract rate for Covered Services. Vendor may contact Plan directly to determine the applicable Co-payment amount due by Enrollee to Vendor.
1.15 Covered Services – shall mean those health care services and benefits, which Enrollees are entitled to receive under the terms of an applicable Health Benefits Plan.
1.16 Designated Representative – shall mean any person or organization appointed by a Plan to administer quality improvement, utilization management, claims processing or other programs. Each Plan Agreement shall state whether Adventist Health or another person or organization shall act as the Plan’ s Designated Representative with respect to any of the foregoing functions.
1.17 Direct Financial Responsibility – shall mean that Adventist Health or any other party as designated in this Agreement has the financial responsibility to pay for the transport ordered from Vendor.
1.18 Dispatcher( s) – shall mean the individual( s) employed by Vendor to take requests by Adventist Health for Transportation Services.
1.19 Emergency – shall mean, unless otherwise defined by a Plan inits Health Benefits Plan, the sudden onset of a medical condition, or a sudden change in an existing medical condition, manifesting itself by acute symptoms, including severe pain, where the absence of immediate medical diagnosis or care could reasonably be expected to result in serious impairment to a bodily function, serious and permanent
Exhibit 2.1-3
Nonemergent Transportation Services Agreement
dysfunction of any body organ or body part or other serious medical consequences, including total and permanent disability or death. The determination as to whether an Emergency exists in accordance with the definition stated herein rests with the Plan or its Designated Representative.
1.20 Emergency Medical Technician (“ EMT”) or Emergency Medical Technician- I (“EMT- I”):
an individual trained in all facets of basic life support according to standards prescribed by this part and who has a valid certificate issued pursuant. This definition shall include, but not limited to, EMT-I (“FS”) and EMT-I-A. An EMT is trained and certified at the EMT level which allows them to provide basic life support. Individual is to be licensed to perform medical transport services under California Code of Regulations Title 22 and local EMS guidelines encompassing the criteria designated as medically appropriate for their training and licensure requirements.
1.21 Emergency Medical Technician-Paramedic or Paramedic (“ EMT-P”): an individual whose scope of practice to provide advanced life support and who has a valid certificate issued. Paramedics are trained and licensed in advanced life support practices, which include more advanced and invasive skills than basic life support, the ability to administer more medications, and utilize more advanced airways.
Individual is to be licensed to perform medical transport services under California Code of Regulations Title 22 and local EMS guidelines encompassing the criteria designated as medically appropriate for their training and licensure requirements.
1.22 Enrollee – shall mean a person or eligible dependent thereof who meets all applicable eligibility requirements of a Plan’ s Health Benefits Plan, and who is entitled to receive Covered Services in accordance with the requirements of such Health Benefits Plan. An Enrollee shall also include individuals who meet the applicable eligibility requirements of a Plan’ s Health Benefits Plan covering Medicare and Commercial participants where the Adventist Health has entered into a Plan Agreement to provide services to such participants and Vendor has agreed to provide services tosuch Enrollee pursuant tothis Agreement.
1.23 Health Benefits Plan – shall mean the document issued by a Plan to an Enrollee that sets forth the Plan’ s Covered Services, and which describes the costs, procedures, benefits, conditions, limitations, exclusions and other obligations to which Enrollees are subject thereunder.
1.24 Health Plan or Plan – shall mean an entity licensed as a health care service plan by the California Department of Managed Care pursuant to the Knox-Keene Act, or another third party payor that has contracted with Adventist Health to arrange for the provision of health care services to its Enrollees and which has agreed to pay for such services, pursuant to a Plan Agreement.
1.25 High Risk Maternal Transport: shall mean a high- risk maternal transport requested by Adventist Health that originates at Adventist Health or another Adventist Health for the transport of a female patient.
Adventist Health shall provide the nurse, respiratory therapist, and/or physician for a high-risk maternal transport and such transport shall be designated at a minimum a BLS transport. These specially equipped ambulances shall have additional medical air, oxygen tanks, and an inverter.
1.26 HIPAA – shall mean the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C.
Sections 1320d-1320d-8, and any applicable rules and regulations issued under its authority.
1.27 Adventist Health Charity Care – shall mean any patient who has been designated by Adventist Health as qualifying under Adventist Health charitable care programs or income guidelines for free or subsidized treatment, and whose transport ifthey were a recipient under the Medicare or Medi-Cal Program would qualify as the financial responsibility of Adventist Health.
1.28 Adventist Health Facility – shall mean any Facility or site deemed by Adventist Health to be part of its greater campus and/or delivery network, and at least include any facility on the extended Adventist Health campus, all ancillary service sites, medical office buildings and accompanying physician offices, and freestanding service facilities deemed by Adventist Health to be part of its greater campus or delivery network within the County.
Exhibit 2.1-4
Nonemergent Transportation Services Agreement
1.29 Knox-Keene Act – shall mean the Knox-Keene Health Care Service Plan Act of 1975, as amended, Cal. Health & Safety Code § 1340 et seq., and regulations promulgated thereunder by the California Department of Managed Health Care, 10 C.C.R. § 1343 et seq.
1.30 Medi- Cal – shall mean the California Department of Health Services Medi- Cal Division.
1.31 Medical(ly) Necessity(ary) shall mean, unless otherwise defined by a Plan in its Health Benefits Plan, those services determined by a Plan or its designated representative to be (a) preventative, diagnostic, and/or therapeutic, (b) specifically related to the condition being treated/evaluated, (c) rendered in the least costly medically appropriate setting (e.g. inpatient, outpatient, office, emergency department, home, on-site), based on the severity of illness and intensity of service required, and (d) not primarily for the Member’ s or vendor’ s convenience or that of his/her physician. This definition shall also mean any medical transport services that a Member requires in accordance with the Medical Necessity criteria defined in Section 4.3 of this document. All transport requests by Adventist Health where Adventist Health has designated itself as financially responsible shall be presumptively deemed Medically Necessary.
1.32 Medical(ly) Necessity(ary) Criteria: If a patient has received documented verbal or written notification in advance that Adventist Health and/or plan will not pay for Transportation Services because of a lack of Medical Necessity, the member or patient may agree, in writing, to receive and pay for such services at rates quoted by vendor.
1.33 Medical Transport Protocols – shall mean those protocols adopted by Adventist Health and agreed upon by Vendor for use in selecting the appropriate form of medical transport. Such protocols must be in conformance with all applicable, California, federal, and local EMS statutes and ordinances, and are shown as Exhibit B.
1.34 Transportation Services – shall mean those health care services, whichare also Covered Services, which Vendor customarily provides and which Vendor shall make available to Enrollees and patients under the terms of this Agreement.
1.35 Non-Covered Services – shall mean those health care services, supplies, products and accommodations provided to Enrollees that are not designated as benefits to Enrollees under the terms of the applicable Health Benefits Plan.
1.36 OIG or Office of the Inspector General Ambulance Compliance Plan – shall mean the Office of Inspector General’ s Final Compliance Program Guidance for Ambulance Suppliers published in the Federal Register on March 24, 2003, at 68 FR 14245 and cited here as a standard for fraud and abuse compliance for all medical transport providers.
1.37 Patient Care Record or Encounter Report – shall mean the Vendor’ s form used to document required information regarding the transport of patients between facilities, i.e., confirmation of transport between sending and receiving facilities, on time response of crew, billing information including authorization for transport, and statistical data.
1.38 PCS or Physician Certification Statement – shall mean a required form for all Medicare and Medi- Cal fee- for- service ambulance transports.
1.39 PHI – shall mean Protected Health Information for any patient and Enrollee that Vendor receives from Adventist Health or creates or receives on behalf of Adventist Health. PHI is individually identifiable health information that is considered confidential as defined in HIPAA and in the Confidentiality of Alcohol and Drug Abuse Patient Records Regulation (42 CFR, Section 2.1 et seq.) as amended from time to time.
1.40 Plan Agreement – shall mean the agreement between Adventist Health and a Plan, which is made before, on, or after the effective date of this Agreement and which expresses the agreed upon contractual rights and obligations of the parties thereto.
Exhibit 2.1-5
Nonemergent Transportation Services Agreement
1.41 Reimbursement Rates – shall mean the payment arrangements described in Exhibit D to this Agreement.
1.42 Response Time, Non-Prescheduled Transports – shall mean the number of minutes between the specific time Vendor agrees to send an ambulance and the actual time of arrival at the designated pickup location at Adventist Health.
1.43 Self-Pay Patient – shall mean: ( a) any patient identified as Self-Pay or Private Pay by Adventist Healthfinancial records, or (b) any patient withincomplete insurance or financial responsibility information at time of transport and/or treatment, or ( c) any patient without specific pre-existing private insurance, Medicare, Medi-Cal, Champus, or other federal, California, or local assistance for Vendor to bill for payment of such services.
2.1 Services to be Performed. Vendor shall provide Services as follows for Adventist Health during the term of the Agreement:
a) ALS-NE or ALS Non-Emergent Transport Services, upon request by Adventist Health, and as required by law and by agreement between Vendor and the City and County 24 hours per day, 7 days a week, and to support CCT-RN Transport, CCT/SCT, and High risk Maternal Transports when Adventist Health supplies the nurse or transport team.
b) BLS-NE/BLS Non Emergent Transport Services, upon request by Adventist Health, and as required by law and by agreement between Vendor and the City and County 24 hours per day, 7 days a week, and to support CCT-RN, CCT/SCT, and High Risk Maternal transports when Adventist Health supplies the Registered Nurse or transport team.
2.2 Applicable Response Time and Performance Standards. Vendor shall use best efforts to respond in a timely manner for any requested Services. Vendor is expected to meet all requests for Services from Adventist Health, but in the event it cannot, Vendor shall notify Adventist Health as soon as reasonable possible to allow Adventist Health to obtain another provider to perform the Transportation Services. The specific performance standards shall be as follows:
a) 180-minute response time from the time the call is received for BLS-NE transport and when Adventist Health transport team is used for a CCT-RN transport. b) 120-minute response time from the time the call is received for ALS-NE transport and when Adventist Health transport team is used for a CCT-RN transport. c) 120-minute response time from the time the call is received for a CCT-RN transport solely utilizing Vendor staff.
d) Vendor must notify Adventist Health if response time is estimated to be greater than the response times specified in 2.2 (a), ( b), and (c) and offer to contact another pre-designated provider for Adventist Health.
e) Vendor must notify Adventist Health if any delay such as a traffic accident, road closure, passing train, or other similar incident will delay meeting designated response time. f) Vendor shall arrive within 10 minutes of the agreed-upon pickup time for calls that are prescheduled 2 hours or more in advance.
g) Vendor must notify Adventist Health, within 5 minutes of learning of any delay such as a traffic accident, road closure, passing train, or other similar incident that will delay meeting designated response time.
h) Response time compliance will be 90% of the total call volume except for delays noted in Section 2.2(g) above on a yearly basis measured monthly.
Exhibit 2.1-6
Nonemergent Transportation Services Agreement
i) Referred calls to other providers shall not result in charges to Adventist Health beyond those specified in this Agreement.
j) In an event of a disaster such as one detailed in Section 2.7, Vendor is also expected to use other providers from nearby geographic areas and those providers serving Adventist Health as may be available to assist Vendor.
k) Vendor shall track response time for the Transportation Services and provide a monthly report to Adventist Health to ensure Transportation Services are falling within the performance standards identified in Section 2 (a) (b) and (c). Should Transportation Services exceed the time limits identified in the performance standards, Vendor will provide a corrective action to Adventist Health to ensure future Transportation Services are performed within the performance standards. Should the time limit continue to exceed the time limits identified in the performance standards, Adventist Health may withhold 10% of the subsidy payment until Transportation Services fall within the performance standards.
2.3 Operating Procedures. Adventist Health and Vendor shall abide by the following conditions during the term of the Agreement:
a) Adventist Health may directly request Services through Vendor’ s Call Center, hereto attached as Exhibit A, by authorized staff of case management, emergency department, or other departments requiring Vendor’ s services.
b) Adventist Health shall determine the appropriate mode of transport, and patient’ s stabilization for that mode of transport unless otherwise provided for or indicated by specific physician orders.
c) Vendor will complete Ambulance Order Form on behalf of Adventist Health staff and return it by email or other approved means to individual at Adventist Health requesting Services. d) Adventist Health staff will obtain appropriate signature for physician certification statement (“ PCS”) purposes whenever required, and have form ready for Vendor at patient or Enrollee bedside at time of pickup using the Ambulance Order Form or any other such form as agreed upon by both Parties.
e) Vendor will use best efforts to validate mode of transport for all requests for ambulance transport that may not meet the level of service requested. f) Vendor will use best efforts to advise Adventist Health of any ambulance transport that clearly does not meet Medical(ly) Necessity(ary) criteria and the Medical Transport Protocols as set forth in Exhibit B, and suggest Adventist Health consider an alternative lower or higher- level means of transport as medically appropriate.
g) Adventist Health and Vendor shall work together to provide appropriate billing paperwork and/or authorization forms for all requested transports.
2.4 Adventist Health Staff Return to Point of Origin. Vendor recognizes the need to promptly return Adventist Health staff and/or medical team members to the Adventist Health facility originating a CCT-RN, CCT/SCT or High Risk Maternal transport when Adventist Health supplies the RN, other transport team members, and/ or any specialized equipment necessary for that transport. Vendor agrees at no additional charge to return or arrange for the prompt return of Adventist Health staff and any accompanying equipment as soon as possible following a completed transport.
2.5 Title to Equipment. Vendor shall own, contract for, or lease all ambulances and equipment provided pursuant to this Agreement, and Adventist Health shall not have any ownership interest therein.
One week prior to execution of this Agreement and annually upon request from Adventist Health, Vendor shall provide to Adventist Health a valid copy or original of title to each and every ambulance used or expected to be utilized under the Agreement. Vendor shall be responsible to pay, and shall pay when due,
Exhibit 2.1-7
Nonemergent Transportation Services Agreement
all taxes, registrations, fees, insurance, maintenance, and other charges as they pertain to the property used pursuant to the Agreement.
2.6 Maintenance and Repair. Vendor shall ensure that all ambulances are maintained in good working order and that they operate in accordance with California Highway Patrol or other required operating regulations. Vendor shall provide complete maintenance and repair records and/or documentation for all ambulance and medical equipment used on the ambulances, including radio communication and telecommunications equipment, and submit proof of such completion to Adventist Health upon a semi-annual basis or within 5 days of written request.
2.7 Level of Equipment and Supplies on Ambulances. Vendor shall ensure that all ambulances are supplied with all necessary medical equipment and supplies, and that such supplies and/or medications have not expired. Vendor shall meet all applicable standards for equipment and supplies for all vehicles as set forth by federal and California law, and by local EMS Agency regulation, protocols, policies, and standards of care. Vendor shall be responsible, at Vendor’ s sole cost and expense, for such personnel, equipment, and supplies necessary to enable Vendor to carry out Vender’ s obligations under the Agreement.
2.8 Vendor Anti-Terrorism and Security Measures. Vendor shall provide evidence of effective security and anti-terrorism efforts and shall maintain such throughout this Agreement:
a) Vender security policies shall be prepared for review by Adventist Health and all such employees held accountable for compliance.
b) Vendor employees shall assess all patients for the possibility of hidden weapons and explosives.
c) Background checks of all Vendor’ s permanent and temporary employees with access to patients shall be conducted by Vendor before such employees provide Services under the Agreement using all of the following sources: ( 1) the California Department of Justice Live Scan, ( 2) the California Department of Motor Vehicles, and (3) a sanction search of the Department of Health and Human Services, Office of Inspector General, for a listing as debarred, excluded or otherwise ineligible for federal program participation (currently – http://oig.hhs.gov/fraud/exclusions.html). Vendor shall supply Adventist Health with the results of these background checks at least one (1) week prior to execution of this Agreement.
d) All transport vehicles used to provide services to Adventist Health shall be kept in a safe and guarded location with appropriate security measures when not in active use. e) Electronic pictures of each type of vehicle, the employee uniform, and employee badge must be supplied to Adventist Health security.
2.9 Disaster Plan: In the event of a disaster (e.g. act of God, earthquake, fire, flood, natural disaster, inclement weather, epidemic, pandemic, act of terrorism, explosion, sabotage, nuclear incident) and hospital requires the services of vendor to evacuate or otherwise transport patients, vendor agrees that it will use all commercially reasonable and good faith efforts to effect or coordinate such transports within 24 hours’ notice from hospital, or as soon thereafter as possible, and to complete such transports as quickly as possible. This provision will apply equally to an event that has already occurred and to an event that is imminent, upon the sole discretion of the hospital. In the event of such a disaster, hospital will pay for all medical transport services provided to hospital by vendor according to the rates set forth in this agreement.
2.10 Vendor Dispatch Hardware and Software Capability: Vendor’ s dispatch system used for managing the delivery of Services to hospital will meet the following standards:
Exhibit 2.1-8
Nonemergent Transportation Services Agreement
a) Compatible with the latest industry standard software and capable of rapid support of Adventist Health and/or other providers in the event of any unexpected terrorist or multi-casualty incident,
b) Capable of reviewing requests for Services by telephone, FAX, or Internet c) Capable of meeting all the Anti-Terrorism and Security Standards set forth in Section 2.8, d) Capable of producing monthly electronic reports of Services provided along with detailed information on an individual transport of patient pickup and destination, insurance or payor, response time, and medical reason for the transport, and
e) Capable of interfacing with hospital electronic medical record programs.
Exhibit A
Nonemergent Transportation Services Agreement
Exhibit A
Ambulance Transport Order Form
To complete an order form Adventist Health will call Vendor’ s Call Center at 999.999.9999
Exhibit B
Nonemergent Transportation Services Agreement
Exhibit B
Draft Medical Transportation Protocols
Directions: Patient must be transported at the highest level of care required and matched to the capability of the transport vehicle/ staff.
CCT-RN ALS BLS
1. Alert, oriented, able to communicate, or has own attendant X
2. Does not need constant supervision or require physical restraints X
3. Not a danger to self or others X
4. Must be transported by wheelchair with few entrance stairs only X
5. Has no other means for transport and cannot go by taxicab X
6. Patient can sit comfortably and does not need to recline X
7. Patient can stand, pivot, or ambulate into wheelchair X
8. Will carry and/or use own portable oxygen cylinder during transport
X
9. Destination has no wheelchair access, or needs assistance to climb stairs
X
10. Disoriented, requires assistance/supervision and does not have own attendant
X
11. Unsafe standing, pivoting or ambulating X
12. Must lie supine, lateral recumbent, or semi-reclining X
13. Head needs elevation and cannot sit X
14. Requires constant observation – may be danger to self or others* X
15. Physical restraints and/or special positioning of extremities* X
16. Partial paralysis or semi-conscious* X
17. DNR documented* X
18. Complete paralysis or comatose X
19. Continuous oxygen and not patient’ s own cylinder X
20. Aspiration precautions X
21. TKO or plain IV (D5, LR, NS, D5NS, D51/2NS) X
22. N-tube, g-tube, heparin lock, catheters, clamped indwelling vascular lines
X
23. Monitor central line with no medications X
24. Completed Physician Certification Statement (PCS) meeting all required criteria
X X X
25. IV needing regulation or monitoring X**
26. EKG/pulse oximetry/defibrillation/continuous cardiac monitoring X**
27. Peripheral IV running with Lidocaine, Oxytocin, or potassium 20mEq
X**
28. Patient requires analgesia (morphine) for isolated injuries or burns X
29. Clamped chest tube X**
30. Advanced airway management/infrequent airway suctioning X**
31. IV with medication requiring an infusion pump; if pump is locked and under patient control can be ALS-Paramedic or BLS-EMT: go back and review above criteria
X X XX
32. IV requiring titration, or with vasoactive, TPN, antiarrhythmic, electrolytes, hypertonic, or antibiotics; peripheral IV medications running or anticipated
X X XX
33. Central venous/arterial line/chest tube X X XX
Exhibit B
Nonemergent Transportation Services Agreement
34. Must monitor/ administer medications enroute X X XX
35. Temporary pacemaker in place X X XX
36. Ventilator dependent during transport X X XX
37. Frequent deep tracheal suctioning X X XX
38. Pulmonary artery line in place X X XX
39 Intra-cranial pressure line/intra-aortic balloon pump in place X X XX
40. Patient is a critical neonate, pediatric, or OB High Risk case X X XX
41. Critical care nursing or respiratory therapist skills required/anticipated enroute
X X XX
These patient medical conditions are within the scope of practice of a paramedic, but first check with Dispatch if you have any doubts or questions about the need for an RN to run as a CCT- RN transport instead
XX” in the boxes under the “BLS” column means that when HOSPITAL supplies a Nurse (RN) or Respiratory Therapist (RT) the transport is elevated to a CCT-RN Transport NOTE: If patient meets the Medical Necessity requirements for transport, but weighs 350 or more pounds and requires any type of lift over even entrance stairs, please order BLS ambulance, as this weight exceeds “ safe carry or transport” guidelines.
Exhibit C
Nonemergent Transportation Services Agreement
Exhibit C
Utilization and Quality Management Program
1. Studies: The Quality Assurance Committee will develop criteria for the systematic collection of date in area( s) undergoing study. The Quality Assurance Committee will participate in the California HMO Quality Management Coalition audits. All providers will be included in these audits.
Quality Assurance Committee Minutes are held strictly confidential. Only agenda pages may be reviewed by contracted entities. Quality Assurance Committee meetings are closed. These areas may include inpatient and outpatient admissions, admissions from Emergency Room, and ambulatory services. Such studies may include, but are not limited to:
a. Audit of the ambulatory care services medical records including appropriate documentation. b. Evaluation of the structure of care.
c. Review of medical records for quality of care, appropriateness of admissions, and length of stay based on severity of illness and intensity of service.
d. Appropriateness of procedures, surgeries, laboratory and other diagnostic evaluations. e. Evaluations of outcomes of care based on standard epidemiological factors including comorbidity, age, etc. f. Formulation of appropriate measures to facilitate correction in areas of noncompliance; and to assure deficiencies are corrected.
II. Peer Review: A subcommittee of permanent physician members, the Hospital Medical Director, Director of Quality Utilization Management, and Operations Officer shall constitute the Peer Review Committee. Said Committee shall meet whenever, and as frequently as necessary. The Minutes of this Subcommittee shall not become part of the Minutes or records of the Quality Review Committee and shall be kept in a separate place. Review procedures outlining duties, rights and responsibilities of reviewers shall be clearly established and available for study.
Exhibit D
Nonemergent Transportation Services Agreement
Exhibit D
Reimbursement Rates
As compensation for Transportation Services rendered to patients and Enrollees in accordance with the terms of this Agreement, Vendor agrees to accept payment in accordance with the following fee schedule as payment in full.
D.1 Adventist Health Direct Financially Responsible Transports. Adventist Health shall be responsible for: (a) all intra-facility transports of inpatient Medicare DRG and Medi-Cal patients per CMS Medicare and California State Department of Health Services Medi-Cal Division rules and regulations; (b) all Adventist Health designated Charity Care patients; and (c) any transports for Members of managed care or capitated health plans where Adventist Health has financial risk. All Medical Transports Services conducted by Vendor for a patient where Adventist Health has Direct Financial Responsibility and billed as set forth in Section D.2 shall also be billed in conjunction with a wait and return policy.
D.2 Adventist Health Service Rates: The pricing for those Services associated with intra- facility transports from one Facility to another within the County shall be as follows:
Service
HCPCS Code
Rate
Advance Life Support (ALS)
Transportation Services Paramedic
Level 1 Base Rate
A0426 $ 696.20
Advance Life Support (ALS)
Transportation Services Paramedic L
Level 2 Base Rate
A0433 $ 1,007.67
Basic Life Support (BLS)
Transportation Services NonEmergency Base RateA0428 $ 360.43 Specialty/Critical Care
Transport (SCT/CCT) Services
Nurse Staffed Critical Care Base
Rate
A0434 $ 1,190.89
Mileage, Ground Mileage, Per Mile
or Fraction Thereof A0425 $ 9.02
Exhibit 3-1
Nonemergent Transportation Services Agreement
Exhibit 3.1
Compensation
1.1 Provider Compensation. Adventist Health or Applicable Payor shall pay Provider the Reimbursement Rates for authorized Transportation Services that are rendered to patients and Enrollees in accordance with the terms of this Agreement, less the amount of any Co-payments payable by the Enrollee under the applicable Health Benefits Plan. In the event Vendor’ s Call Center has contacted another medical transport company to provide Transportation Services and any such individual transport is the financial responsibility of Adventist Health, Vendor shall include that particular transport in its monthly claims submission as ifit had conducted that transport itself. Any amount billed to Adventist Health for a transport by another medical transport company shall be governed by fee schedules shown in Exhibit D.
1.2 Submission of Patient Care Records and Claims. Vendor shall submit all applicable claims for services rendered to Enrollees and patients (and any adjustments thereto), to the appropriate parties within 90 days from the date that such services were provided according to the requirements in Exhibit 2.1 section 1.10 Clean Claims. In cases where the Plan is the secondary payor, the foregoing submission dates shall commence on the date Vendor receives notice of the primary payor's liability.
1.3 Timing of Payment. Vendor or Applicable Payor for those plans with Adventist Health having Direct Financial Responsibility, shall pay undisputed Clean Claims within the following time frames: (a) Senior Risk claims within 60 calendar days, (b) Medi-Cal Risk claims within 30 working days, (c) Commercial Risk claims and all general Adventist Health claims within 12 working days.
1.4 Covered Enrollees and Services. Adventist Health shall compensate Vendor only for Transportation Services provided to individuals who are Enrollees as of the date the services are provided.
1.5 Co-payments. Vendor shall use its best efforts to bill and collect all applicable Co-payments from Enrollees. Adventist Health shall not be financially responsible for any uncollected Co- payments.
1.6 Non-Covered Services. Vendor shall have the right to bill and collect for all Non-Covered Services rendered to Enrollees. Adventist Health shall not be financially responsible for any NonCovered Services rendered to Enrollees.
1.7 Medical Necessity. The obligation of Hospital or a Plan to pay Vendor for the provision of Transportation Services to a patient or an Enrollee shall be conditioned upon a determination by Adventist Health, the Plan or its Designated Representative, that the provision of such Transportation Services was Medically Necessary. Such determination shall be consistent with the Medical Transport Protocols attached to this Agreement as Exhibit B. In the case of Adventist Health, any final determination shall be made by Adventist Health, a specific Adventist Health designee, or as provided by applicable law.
1.8 Physician Certification Statement (PCS). For all transports where Adventist Health has designated itself as the financially responsible party and has so informed Vendor through the Ambulance Order Form, Vendor shall have no requirement to submit a PCS. In all cases where Adventist Health has designated CMS or another payor requiring a PCS as the primary or sole payer, Adventist Health will make best effort to submit a PCS to Vendor or facilitate completion of such form.
1.9 Exclusive Payment. Vendor shall look only to Adventist Health or Applicable Payor for compensation for Transportation Services rendered to Enrollees. In no event ( including, without limitation, non-payment by Adventist Health or a Plan, insolvency of Adventist Health or a Plan, Adventist Health’ s breach of this Agreement, or breach of a Plan Agreement by Adventist Health or the Plan) shall any Enrollee be liable for sums owed to Vendor by Adventist Health or Applicable Payor.
Vendor shall not bill, charge, collect a deposit or other sum, or seek compensation, surcharges, remuneration or reimbursement for Transportation Services from, or maintain any action or have any
Exhibit 3-1
Nonemergent Transportation Services Agreement
recourse against, an Enrollee or other person acting on an Enrollee’ s behalf, either during the term ofthis Agreement or thereafter. This provision shall not prohibit collection of Co-payments pursuant to Section
1.5 or reimbursement for Non-Covered Services pursuant to Section 1.6 of this Exhibit. Whenever Adventist Health or a Plan receives notice of any such attempt to seek compensation, surcharge or reimbursement by Provider, Hospital or Plan shall take appropriate action.
1.10 Coordination of Benefits. Vendor and Adventist Health shall cooperate in any Coordination of Benefits efforts by Vendor. Vendor shall bill any Commercial payor or Health Plan for the purpose of Coordination of Benefits and collection of any applicable Co-payments. Adventist Health acknowledges that any Coordination of Benefits amounts and any Co-payments collected from such third party payors and Health Plans shall be the property of Vendor.
1.11 Timely Filing. Vendor agrees to submit all claims to Adventist Health no later than 90 days from the date of service for all claims where Adventist Health has Designated Financial Responsibility. Claims submitted beyond this 90 day time limit will be considered ineligible for any eventual payment including those for any Enrollees. Adventist Health shall not have an obligation to pay Vendor for claims ( and any adjustments thereto) that are not accompanied by an authorized Ambulance Order Form and a Patient Care Record more than 90 days after the date of service or a previously approved Excel spreadsheet with required information. The requirements of this article are not applicable to claims subject to Coordination of Benefits, where the claim submission period begins on the date the primary payor has paid or denied the claim.
1.12 Time Period for Submission of Vendor Disputes. Vendor agrees to submit all appeals to Adventist Health for all non- managed care claims within 30 working days from the date Vendor received notice the claim was paid or denied, and 45 working days for all managed care claims submitted. Any such appeals must include additional documentation or written information to assist in the appeal process.
Adventist Health shall have a maximum of 30 to 45 working days to review these appeals and make payment to Vendor for all appealed claims approved depending on the type of claims submitted unless there is evidence of fraud and/or misrepresentation. Vender and Adventist Health agreed to abide by all applicable rules and regulations pertaining to appeal review periods as set forth for all managed care claims by the California Department of Managed Health Care.
1.13 Timely Recoup Guidelines. Vendor and Adventist Health agree to limit recoupment for under or overpayment, notwithstanding an open appeal, to no more than 12 months or 1 calendar year after the date of service in compliance with Section 6404 of the Patient Protection and Affordable Care Act.
1.14 Past Due Payments for Managed Care Claims. For any claims submission dispute that involves a claim that is determined in whole or part in favor of Vendor, Adventist Health will pay any outstanding monies determined to be due, and all interest and penalties as determined by law or regulation, within 5 working days of the issuance of the written determination.
1.15 Adventist Health Financially Responsible. Adventist Health shall be responsible for: interfacility ambulance transports of inpatient Medicare and Medi-Cal DRG patients, Hospital Charity Care patients, and any Enrollees where Adventist Health is listed as financially responsible. All such transports herein listed must also meet Medical Necessity and the other terms and conditions of this Agreement.
1.16 Adventist Health Not Designated Financially Responsible. Vendor shall bill patient’ s insurance carrier, Health Plan ( including Adventist Health Self- Funded Plans), or California, federal, or local agencies in accordance with federal, California, and local laws and regulations for any such transports that Adventist Health does not have financial responsibility, including Self Pay/Private Pay designated patients, and HOSPITAL shall not be responsible for any unpaid claims, unauthorized services, or for any medical transports determined covered under a skilled nursing facility Prospective
Exhibit 3-1
Nonemergent Transportation Services Agreement
Payment System agreement with Medicare, a separately capitated medical group, another hospital, insurer, or employer.
1.17 Vendor Payment to Adventist Health for High Risk Maternal and CCT-RN Transport Nursing Services. Vendor agrees to reimburse Adventist Health for their nursing staff for any High Risk Maternal, or CCT-RN Transport where Vendor is able to bill and collect from other payors at a specialty nurse-based transport rate rather than BLS-NE. Vendor shall pay a fee to Adventist Health equal to the then current hourly market rate of a registry nurse based on the time elapsed from pickup of the nurse to return to bedside duty, but not more than the difference between Vendor’ s usual and customary fee for BLS-NE and the amount collected from other payors and any Co-payments received from the patient or patient's family.
1.18 Subsidy.
a) Within ten (10) days of the last day of each calendar quarter during the term of the Agreement, Vendor shall submit to Adventist Health an accurate and complete report of Vendors Collections in such form as requested by Adventist Health from time to time (the “ Vendor Collections Report”). For purposes of this Agreement, the term “ Vendor Collections” means the amount collected from all sources by Vendor on a cash basis for Transportation Services provided by Vendor pursuant to the Agreement.
b) If Vendors Collections are less than $ 458, 100. 50 (the “ Base Amount”) in any calendar quarter during the term of this Agreement, Adventist Health shall pay to Vendor, within ten (10) days of the submission by Vendor of the Vendor Collections Report, an amount equal to the difference between the Base Amount and Vendor Collections (the “ Subsidy”). The Parties intend that this Subsidy is meant to support Vendor’ s provision of the Services on a break-even basis or substantially similar thereto due to the Transportation Services being performed in a sparsely populated area and the Parties reasonably anticipating from reputable financial estimates that expenses and costs will exceed receipts. The Parties shall make reasonable efforts to amend the Subsidy to reflect this intent when financial information indicates a new figure reflects the break- even basis or substantially similar thereto. The Parties agree to meet quarterly during the first two years of the Agreement and bi-annually thereafter to review the Subsidy.
c) Adventist Health’ s obligation to pay amounts to Vendor pursuant to this Section shall be contingent on Vendor’ s submission to Adventist Health of accurate and complete quarter Vendor Collections Report, and Vendor’ s compliance with the terms and conditions of the Agreement.
Notwithstanding any other provision of this Agreement, the aggregate Subsidy paid to Group pursuant to this Section shall not exceed $499,312 per Contract Year (“ Annual Cap”).
1 INTERFACILITY AMBULANCE SERVICE
AGREEMENT
This Agreement between the Ukiah Valley Fire District/the City of Ukiah doing business as Ukiah Valley Fire Authority (“UVFA”), and the signatories to this Agreement, collectively “Back-up Providers” is entered in Ukiah, California with each signatory on the date the signatory has signed this Agreement. Hereafter, UVFA and Back-up Providers may be referred to collectively as ‘parties” or individually as a “party”.
RECITALS:
A. On August 1, 2024, UVFA entered a Nonemergent Transportation Services Agreement with Willits Hospital, Inc., dba Adventist Health Howard Memorial Hospital, Ukiah Adventist Hospital dba Adventist Health Ukiah Valley and Adventist Health Clearlake Hospital, Inc., dba Adventist Health Clear Lake to provide Transport Services to transfer Adventist Health patients to and from Adventist Health facilities within Lake and Mendocino Counties.
B. Each signatory to this Agreement is accredited to provide ambulance services in compliance with Section 2.4(c) of the AH Agreement, including EMS and ALS level services and is licensed and otherwise authorized to provide such services.
C. UVFA anticipates that at times it may lack sufficient resources to provide interfacility transport within the time required by the AH Agreement.
D. The purpose of this Agreement is to establish the terms and conditions under which Back-up Providers will provide back-up Transportation Services when UVFA cannot respond to a request for such services within the response time required by the Agreement.
AGREEMENT:
WHEREFORE, in reliance upon the above-recitals and in accordance with the terms of this Agreement stated below and for good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the parties agree as follows.
ATTACHMENT 2
2 1. INCORPORATION OF RECITALS. The above recitals are hereby affirmed by UVFA and each Signatory and incorporated in and made a part of this Agreement.
2 DEFINITIONS. In addition to the terms defined elsewhere in this Agreement, the following terms used in this Agreement shall have the following meaning:
a. ”AH Agreement” means the Nonemergent Transportation Services Agreement with Willits Hospital, Inc., Adventist Health Howard Memorial Hospital, Ukiah Adventist Hospital dba Adventist Health Ukiah Valley and Adventist Health Clearlake Hospital, Inc., Adventist Health Clear Lake collectively “Adventist Health” to provide Transport Services to facilitate the transfer of Adventist Health patients for Adventist Health facilities within Lake and Mendocino Counties. (A true and correct copy of the AH Agreement and the Exhibits thereto is attached to and incorporated by this reference into this Agreement.
b. “Howard Forest” means the fire and emergency medical service dispatch center serving Mendocino County operated by the California Department of Forestry and Fire Protection (“Cal Fire”).
c. “Signatory” means an ambulance company or provider that has duly and validly authorized the person signing this Agreement to sign on its behalf and to make that company or provider a party to this Agreement which is bound by and agrees to comply with its terms.
d. “Transfer Center” means the Adventist Health Transfer Center located in Glendale, California and reachable by phone at 1 (833) 468-6238). e. “Transport Services” means the interfacility transfer of patients by ambulance as described in and subject to the provisions in Exhibit 2.1 to the AH Agreement.
3. REPRESENTATIONS
Each signatory to this Agreement warrants and represents that:
a. It has read, understands and agrees to comply with the applicable provisions of this Agreement, including the AH Agreement.
3 b. It is licensed and certified as required by law to provide Back-up Services in compliance with this Agreement and that it has read, understands and will comply with Section 2.4 of the AH Agreement.
4. BACKUP SERVICES.
Each Signatory agrees to participate in the backup service rotation in accordance with this Section 4. Signatories shall be enrolled in a backup rotation. Their initial placement on the rotation shall be assigned by UVFA using a random selection process.
a. UVFA shall provide the Transfer Center with the initial list of backup providers and their initial placement on the list. Copies of the list shall be provided to each Signatory. Each Signatory agrees to dispatch a backup ambulance manned and equipped in compliance with the AH Agreement, if it has the capacity to respond when it receives a request for backup assistance. b. Upon notice from UVFA that it requires backup service, the Transfer Center shall contact the Signatory in the first position on the dispatch list. If the Transfer Center determines that the Signatory is not available, it shall contact the next Signatory on the list. That process shall continue, if necessary, until an ambulance is dispatched. Once a Signatory accepts the transfer, the Transfer Center will notify the UVFA Duty Officer and inform them of which Signatory will be responding and their estimated time of response. c. If no Signatory is available or willing to take the transfer, the Transfer Center will contact the UVFA Duty Officer to advise.
d. The Transfer Center shall keep track of the Signatory responses to dispatch requests. A Signatory shall maintain its position on the dispatch list until it rejects three requests for assistance at which point it will be placed at the bottom of the list.
5. INDEMNIFICATION.
Indemnity for Requested Assistance. To the fullest extent provided by law, each Signatory shall fully indemnify and hold the UVFA and Adventist and their officers and employees ("Indemnified Parties") harmless from any liabilities, claims, demands, causes of action, costs, expenses, losses or damages, including
4 the fees of attorneys, experts, investigators and other litigation expenses for claims arising out of, or occurring during or in the course of the Signatories provision of backup assistance under this Agreement. Signatories shall assume on behalf of UVFA and Adventist, the defense of any Claims in which liability is sought to be imposed on them with attorneys reasonably approved by UVFA and City and shall reimburse them for all reasonable costs they incur in cooperating with their defense. Notwithstanding the above, Recipient shall have no obligation to indemnify, defend, or hold harmless the Indemnified Parties to the extent the Claims are caused by the negligence, recklessness, or willful misconduct of an Indemnified Party. Obligations arising out of this section shall survive the termination or withdrawal from this Agreement by a Party hereto.
6. WORKERS' COMPENSATION AND EMPLOYEE CLAIMS;
EMPLOYER RESPONSIBILITIES.
Notwithstanding any provision of this Agreement, it is the intent of the Parties that, to the fullest extent permitted by law, any employee of a Signatory that provides labor pursuant to this Agreement, is performing the labor within the course and scope of employment by Signatory and, therefore, will be covered by Signatory’s workers' compensation insurance coverage during performance of any labor provided under this Agreement. Without limiting the generality of Section 5, the Signatory shall indemnify and hold the UVFD and Adventist and their officials, officers, employees, contractors, authorized volunteers and agents harmless from any and all Claims for personal injury or death incurred by such officers, employees or agents while engaged in carrying out their duties, functions or activities under this Agreement, except to the extent the Claims are caused by the negligence, recklessness, or willful misconduct of an Indemnified Party.
Each Party shall pay all wages, salaries, and other amounts due to its employees and agents in connection with any and all services performed under this Agreement and as required by law. Each Party shall be responsible for all reports and obligations respecting their own employees, including, but not limited to, social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. Employees or agents of one Party shall not be deemed employees of any other Party for any purpose.
6. INSURANCE.
5 Each Party shall be responsible for maintaining a program of insurance that shall cover each Party's indemnification obligations. Without in any way affecting the indemnity herein provided and in addition thereto, each Party shall secure and maintain throughout the term of this Agreement the following types of insurance. including coverage through a pooled risk joint powers agency with limits as shown.
6.1 Workers' Compensation: A program of Workers' Compensation Insurance or a state-approved self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits covering all persons providing services on behalf of each Party and all risks to such persons under this Agreement.
6.2 Comprehensive General and Automobile Liability Insurance: This coverage is to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy or self-insurance shall have combined single limits for bodily injury and property damage of not less than two million dollars ($2,000,000.00).
6.3 Additional Named Insured: All policies, and/or memoranda of coverage, except Workers' Compensation, shall contain additional endorsements naming each Party and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of each Party's performance hereunder.
6.4 Policies Primary and non-Contributory: All policies required above are to be the primary and non-contributory with any insurance or self-insurance carried or administered by each Party.
7. EXECUTION AND EFFECTIVE DATE.
This Agreement may be executed in counterparts, each of which shall be deemed an original, all of which shall constitute one and the same instrument. Electronic signatures or signatures on copies transmitted by email shall have the same force and effect as original signatures and any copy of this Agreement with executed counterparts so transmitted shall be admissible in any administrative or judicial proceeding as evidence of the Parties' agreement. Each Party shall, upon approval of this Agreement, forward a certified copy of its resolution or other action approving the Agreement to all other Parties.
6 8. TERMINATION NOTICE.
This Agreement shall remain operative and effective as between each and every Party that has heretofore or hereafter approved or executed this Agreement until participation in this Agreement is terminated by the Party. A Party which no longer desires to participate shall, by resolution or other action, give notice terminating its participation in this Agreement to all other Parties. This Agreement is terminated as to such party 30 days after notice to all Parties has been given.
9. AGREEMENT BINDING.
This Agreement shall be binding upon and inure to the benefit of the Original Signatory Parties and all parties who may subsequently enter into this Agreement, and their successors and assigns.
10. THIRD PARTY RIGHTS.
This Agreement is only for the benefit of UVFA and Signatories and shall not be construed as or deemed to operate as an agreement for the benefit of third parties with the exception of Adventist which shall be deemed a third-party beneficiary.
No other third party or parties are created or intended or shall have any right of action or obtain any right to benefits or position of any kind for any reason whatsoever.
11. SEVERABILITY.
In the event that any one or more phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California. Venue shall be in the state courts located in Mendocino County. In the event any Party seeks to change venue under Code Civ. Proc. §394, the Parties agree to waive the right to a jury trial and stipulate to the appointment of an out-of-county judge by the Judicial Council to hear the case in Mendocino County.
7 13, NOTICE.
All notices and any other communications permitted or required under this Agreement must be in writing, expect as otherwise expressly provided, and will be effective (a) immediately upon delivery in person or upon delivery to the recipient if attached to an email communication; (b) on the date of delivery, as evidenced by the records of the courier, if deposited with a nationally-recognized commercial courier for overnight delivery, provided delivery is made during regular business hours or receipt is acknowledged by a person reasonably believed by the delivering party to be employed by the recipient; or (c) on the date indicated on the return receipt, if deposited with the United States Postal Service, certified mail, return receipt requested, postage prepaid. Any notice to be given by any party hereto may be given by the counsel for such party. All notices must be properly addressed and delivered to the parties at the addresses set forth as part of the signature of a party, or at such other addresses as a party may subsequently designate by written notice given in the manner provided in this section and a copy of all notices and other communications shall be delivered by email.
15. ENTIRE AGREEMENT. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a written agreement signed by each of the Parties hereto.
16. NON-WAIVER. None of the provisions of this Agreement shall be considered waived by any Party unless such waiver is specifically provided in writing.
17. ADDITION OF SIGNATORY PARTIES:
Additional cities or special districts in Mendocino County may become parties to this agreement with the approval of the Original Signatory Parties by duly approving and executing this Agreement in accordance with Section 9. The Chief Executive Officer of the County and the city managers of Ukiah and Fort Bragg are hereby delegated the authority by their respective governing bodies to approve the addition of a party or parties to this Agreement.
SIGNATURES ON THE FOLLOWING PAGE(S)
8 IN WITNESS WHEREOF, each of the Parties have caused this Mutual Aid Agreement to be executed by its authorized agent or official evidencing the consent of its legislative body hereto.
Agenda Item No: 12.a.
MEETING DATE/TIME: 11/6/2024
ITEM NO: 2024-735
AGENDA SUMMARY REPORT
SUBJECT: Approval of an Application for a 'Demolition Permit' to Remove an Existing Residential Structure Subject to Historical Review, Located at 233 Thomas Street; APN 003-084-02.
DEPARTMENT: Community
Development PREPARED BY: Jesse Davis, Chief Planning Manager PRESENTER: Jesse Davis, AICP, Chief Planning Manager
ATTACHMENTS:
1. Application Materials - Demolition Review
2. Assessor Records (003-048-012)
3. UCC Section 3016 (Historic Demolition Regulations)
4. Demolition Review Committee (10-21-2024) Regular Meeting - Draft Minutes Summary: The City Council will consider approval of an application for a 'Demolition Permit' to remove an existing residential structure subject to historical review, located at 233 Thomas Street; APN 003-084-02.
Background: On September 12, 2024, the Property Owner/Applicant submitted an application for a 'Demolition Permit' (Attachment 1) to remove the residential structure at 233 Thomas Street; APN 003-084-02.
Based on a review of records from the Mendocino County Assessor, the subject structure was originally constructed in 1939. Since the building was constructed over 50 years ago, this request is subject to Ukiah City Code Section 3016 (Historical Review).
The Property Owner/Applicant seeks to demolish the existing residential unit to create additional usable offstreet space for the commercial structure and associated business addressed at 235 Thomas Street, which is also located on the subject property. The subject property is zoned Heavy Commercial (C-2) and is subject to the regulations of that district. The existing residential structure is considered legal non-conforming due to its age, and the subject property's zoning designation may lead to conflicts between residential and adjacent commercial activities. Additionally, the property is within Zone 2 of the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP), known as the "Approach/Departure Zone." This zone imposes stricter land use regulations due to the risks associated with noise, safety hazards, and aircraft overflights.
The subject structure is not listed in the City’s Ukiah Historical and Architectural Survey Update (1999), nor is it included in the Ukiah Architectural and Historical Resources Inventory Report (1985). Attachment 2 provides information from the Mendocino County Assessor, confirming that the residential structure was originally built in 1939. It also includes the Commercial Property Appraisal Record and the Industrial Building Record of the property.
Discussion: As conveyed in associated sections of Ukiah City Code (Attachment 3), per Section 3016(A) additional evaluation is required before demolishing structures older than 50 years to ensure preservation of historically, architecturally, or culturally significant buildings. This review is conducted by the Demolition Review Committee and the City Council.
Upon request, the Community Development Director reviewed the property and determined that neither of the
exceptions listed in subsections B1 or B2 of UCC §3016 apply. These exceptions include:
• B1: Buildings posing an immediate threat to public health or safety. • B2: Buildings lacking historical, cultural, or architectural significance, as defined by City guidelines.
The Demolition Review Committee met on October 21, 2024, to evaluate the structure's historical, architectural, and cultural value in accordance with UCC §3016(E). In formulating its recommendation to the City Council, the Committee considered the application materials and documentation from the Mendocino County Assessor and the Mendocino County Historical Society, using the following criteria:
1. The structure does not have any special or particular quality, such as being the oldest, best example, largest, or last surviving of its kind.
2. The structure does not exemplify or reflect significant elements of the city’s cultural, social, economic, political, aesthetic, or architectural history.
3. The structure is not strongly associated with persons or events significant in local, state, or national history.
After discussion, the Demolition Review Committee concluded that the structure did not meet the criteria set forth in UCC §3016(E), and unanimously (4-0, one vacancy) recommended approval of the 'Demolition Permit' to the City Council. A draft copy of the minutes for the Demolition Review Committee meeting of October 21, 2024, is included as Attachment 4.
Staff recommends Council approve the application for a 'Demolition Permit' to remove an existing residential structure located at 233 Thomas Street.
Recommended Action: Approve the 'Demolition Permit' to remove an existing residential structure subject to historical review, located at 233 Thomas Street; APN 003-084-02.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Matthew Keizer, Chief Building Official DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP):ED - 6.1 (Regulatory Environment)
09/12/2024 FILE #: 24-001211
ATTACHMENT 1
233 Demolition Permit - Dunn
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community County Boundary
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Maxar, Microsoft |
ATTACHMENT 2
§3016 MODIFICATIONS TO THE CALIFORNIA BUILDING CODE
A. The section of the California building code, relating to applications for building permits is modified to require in an application to demolish a building, the date when the building was first constructed, if known. The terms "demolish" or "demolition", as used in this section, shall mean: 1) the tearing down of all or part of a building or 2) the cumulative alteration of a building pursuant to one or more building permits issued over a five (5) year period, where fifty percent (50%) or more of the structural or exterior components of the building are removed or replaced. The review required by this section shall occur with the application for the permit that: 1) results in the tearing down of all or part of the building or 2) authorizes the cumulative alteration of the building that equals or exceeds the specified percentage.
B. The section of the California building code, relating to the issuance of a building permit, is modified to require that, as to buildings constructed fifty (50) years or more prior to the date of application, the director of planning or his/her designee shall determine whether:
1. The building is an accessory building such as, but not limited to, a garage, storage shed, or carport, whether attached or detached to a main building; except that certain accessory buildings, such as carriage houses, which are presumed to have historic or architectural significance shall be subject to further review as provided in subsection D of this section, unless the building is subject to demolition under subsection B2 of this section.
2. Immediate demolition of the building is necessary to protect the public health or safety and the failure to immediately demolish the building would constitute a serious threat to the public health or safety.
C. If subsection B1 or B2 of this section applies to the building, no further review shall be required under this section and the permit shall be issued in accordance with the provisions of the California building code.
D. If the planning director finds that neither of the exceptions in subsection B1 or B2 of this section applies to the building, a building permit to demolish a building shall be subject to further review in accordance with this section. The planning director shall transmit the proposal to the demolition review committee, or other official reviewing body established by the city council, for review, comment, and a recommendation to the city council. Once the demolition review committee formulates a recommendation ATTACHMENT 3
concerning the disposition of the proposed permit, the planning director shall schedule and duly notice the matter for a public hearing and decision by the city council. The public noticing shall indicate the day, time, place, and purpose of the public hearing, and how additional information about the subject matter can be obtained. The public noticing shall be accomplished in the following manner:
1. Publication in a newspaper of general circulation in the city at least ten (10) days prior to the hearing.
2. Mailing or delivery at least ten (10) days prior to the hearing to the owner(s) of the subject property, or his/her agent, and to the project applicant, if the applicant is not the owner.
3. First class mail notice to all owners (as shown on the latest available Mendocino County tax assessor’s equalized assessment roll) of property within three hundred feet (300’) of the subject property.
E. In reviewing proposed permits, and formulating recommendations to the city council, the demolition review committee shall consider any information provided during the meeting, and shall use the following criteria. The structure:
1. Has a special or particular quality such as oldest, best example, largest, or last surviving example of its kind; or
2. Exemplifies or reflects special elements of the city’s cultural, social, economic, political, aesthetic, or architectural history; or
3. Is strongly identified with persons or events significant in local, state, or national history.
F. If the demolition review committee finds that any of the criteria listed in subsection E of this section apply to the building proposed for demolition, it shall recommend denial of the permit to the city.
G. 1. The city council shall conduct a public hearing pursuant to subsection D of this section to consider the recommendation of the demolition review committee, and to determine if any of the criteria listed in subsection E of this section apply to the building proposed for demolition. If the city council determines that any one of the criteria applies, it shall make a corresponding finding to that effect.
2. At the hearing, the applicant shall have the opportunity to present evidence that a viable market does not exist for the building, taking into account the condition of the building, the probable cost to put the building into marketable condition, and
the uses of the property allowed under existing or probable future zoning regulations. The city council shall consider such evidence offered by the applicant and any other information presented at the meeting by any interested party or by staff, to determine whether or not a viable market exists. "Viable market" means that it is reasonably likely that the building could be sold within a commercially reasonable period of time for more than the seller would be required to invest in the purchase of the property and preparing the property for sale, or that the property could produce a reasonable return on the amount of money it would take to purchase the property and prepare the building for income producing purposes. "Reasonable return" means the average rate of return on real estate investments in the Ukiah Valley.
3. If the city council determines that a viable market exists:
a. It shall so notify the building official who shall not issue the permit. The city council shall determine whether a viable market exists based on substantial evidence presented at the hearing, or, it may assume that a viable market exists, if the applicant fails to present substantial evidence that a viable market does not exist;
b. Not more than once within any twelve (12) month period, the applicant may submit a new application for a permit and the city council may reconsider whether a viable market exists:
(1) Upon a showing by the applicant that market conditions have changed; or
(2) Based upon new information that in the exercise of reasonable diligence the applicant could not have produced at the first hearing.
4. If the city council determines, based on substantial evidence, that a viable market does not exist, the issuance of the permit shall be stayed for a period of ninety (90) days.
a. During that ninety (90) day period, the city shall do the following:
(1) Determine whether other alternatives to demolition exist, which are acceptable to the applicant, that would preserve the historic, architectural or cultural significance of the building;
(2) Determine whether funds are available from any private source for the acquisition and preservation of the building through a negotiated purchase
on terms acceptable to the applicant; or
(3) If sufficient funds are available from any private source and a negotiated purchase is not possible, determine whether to acquire the building through eminent domain.
b. If within the ninety (90) days, the city does not reach agreement with the applicant or commence acquisition of the building, the building official may issue the permit in accordance with the provisions of the California building code.
c. If within the ninety (90) day period, the city either: 1) reaches agreement with the applicant or 2) commences acquisition of the building, the building official shall not issue the permit.
d. However, the building official shall continue to process the application for the permit in accordance with the California building code, if the city and the applicant terminate their agreement or the city fails to diligently pursue or abandons acquisition of the building.
e. The city manager or his/her designee shall inform the building official whenever the city and the applicant terminate their agreement or the city fails to diligently pursue or abandons acquisition of the building. f. If the building official has issued a demolition permit under this subsection and the permittee applies to extend the permit an additional one hundred eighty (180) days in accordance with the applicable provisions of the California building code then in effect, the building official shall refer the application to the city manager for an initial determination as to whether market conditions have changed. The city manager shall make the determination within ten (10) days after the application is referred by the building official. If the city manager determines that market conditions may have changed and that a viable market may exist for the property, he or she shall schedule the matter for a hearing before the city council to be noticed and conducted in accordance with subsection D of this section and this subsection G. However, at the hearing the city shall have the burden of proving by a preponderance of the evidence that market conditions have changed and a viable market exists. If the city manager determines that market conditions have not changed, he or she shall so notify the building official and the applicant. Upon such notification, the building official shall further process the application to extend the term of the permit in accordance with the requirements of the California building code then in effect.
If the city council conducts a hearing upon referral by the city manager, the city
clerk shall provide written notification to the building official and the applicant of the city council decision. If the city council decides that a viable market exists, the building official shall not issue the permit, but the provisions of subsection G3b of this section shall apply. If the city council decides that a viable market does not exist, the building official immediately shall proceed to further process the application in accordance with the applicable provisions of the California building code then in effect.
5. "Diligently pursue acquisition" means taking all steps within the time required by law to acquire the building by eminent domain.
6. References to "applicant" herein shall include the building owner.
H. The planning director shall provide a written notice of the city council determination to the applicant. The written notification shall be mailed or hand delivered within five (5) days from the date of the city council’s decision. The notice shall include the finding(s) and decision made by the city council and a copy of this section.
I. The applicant for a permit for a building determined to have historic, architectural or cultural significance shall salvage the building materials for reuse to the maximum extent feasible, and shall ensure that upon completion of the demolition, the site is left in a safe, presentable, and clutter free condition.
J. 1. Grounds For Reconsideration: The city council may reconsider a decision under this section within sixty (60) calendar days from the date the decision was made, if information that may have materially affected the decision was: a) misrepresented by the applicant, or b) not disclosed by the applicant, if the applicant knew or should have known that the information may have affected the city council decision. "Information" as used herein means matters of fact or law.
A decision may not be reconsidered, if all three (3) of the following have occurred:
The permit: a) has been issued, b) did not at the time it was issued violate any provision of the California building code, as adopted by the city, or any other city ordinance or state or federal law, and c) the permittee has commenced demolition in good faith reliance on the permit.
2. Procedure On Reconsideration: Reconsideration of a decision under this section may be placed on the agenda for a regular city council meeting by any member of the city council who voted in favor of the original decision. Notice of any meeting where reconsideration is on the agenda shall be provided in accordance with subsection D of this section. If already issued, the permit shall be suspended from the date that an eligible city council member requests that the matter be placed on
the agenda and until the city council makes a final decision upon reconsideration.
The building official shall notify the applicant in writing of the permit suspension. At the meeting, the city council shall determine, based on evidence provided to the city prior to or during the meeting, whether reconsideration is permitted under subsection J1 of this section. Any motion to reconsider the decision shall contain findings supported by substantial evidence. If upon reconsideration the city council makes a different decision, the city clerk shall provide notice of that decision to the building official and the applicant/permittee within five (5) working days after the decision is made. If, upon reconsideration, the city council determines that a building has historic, architectural, or cultural significance, and the building official has issued a permit based on the previous decision, the building official shall revoke the permit. If the previously issued permit has expired, the building official shall deny an application for a new permit, unless the permit is issued in accordance with subsection G4 of this section. (Ord. 838, §1, adopted 1984; Ord. 927, §1, adopted 1992; Ord. 1014, §1, adopted 1998; Ord. 1103, §1, adopted 2007)
CITY OF UKIAH
DEMOLITION PERMIT REVIEW COMMITTEE
SPECIAL MEETING
DRAFT MINUTES
OCTOBER 21, 2024
1. CALL TO ORDER
Chair Craig Schlatter called the Demolition Permit Review Committee meeting to order at 10:00 a.m. in person and via Zoom teleconference.
Chair Schlatter Presiding.
2. ROLL CALL
Members Present: Chair Craig Schlatter, Director, Community Development Department; Member Tim Eriksen, City Engineer; Member Alyssa Ballard, Mendocino County Historical Society; Member Matthew Keizer, Chief Building Official, Community Development Department
Staff Present: Jesse Davis, Chief Planning Manager;
Others present: Lisa Dunn (Property Owner/Applicant); Michael Dunn (Applicant)
3. APPROVAL OF MINUTES
a. Special Meeting Minutes – February 02, 2022
i. Motion/Second Keizer/Eriksen to approve the minutes of February 02, 2022, as submitted. Motion carried by the following roll call vote: AYES: Member Eriksen, Keizer, Ballard and Chair Schlatter. NOES: None. ABSTAIN: None.
ABSENT: None.
4. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
None.
5. APPEAL PROCESS
There is no formal appeal process for decisions made by the Demolition Review Committee, as all decisions are advisory to the City Council.
6. NEW BUSINESS
a. Request for review and a recommendation to the City Council regarding the demolition of a structure over the age of 50 years located at 233 Thomas Street (APN 003-084-02).
Chief Planning Manager Jesse Davis presented the Project.
ATTACHMENT 4
PUBLIC INPUT OPENED: 10:07 a.m.
Speakers: None- Applicant Declined to Provide Comment
PUBLIC INPUT CLOSED: 10:07 a.m.
I. Motion/Second: Keizer/Eriksen to recommend to the City Council approval of the demolition permit to demolish the building located at 233 Thomas Street (APN 003-084-02).
Motion carried by the following roll call vote: AYES: Member Eriksen, Keizer, Ballard and Chair Schlatter. NOES: None. ABSTAIN: None. ABSENT: None.
7. UNFINISHED BUSINESS
None
8. ADJOURNMENT
There being no further business, the meeting adjourned at 10:09 a.m.
Agenda Item No: 12.b.
MEETING DATE/TIME: 11/6/2024
ITEM NO: 2024-644
AGENDA SUMMARY REPORT
SUBJECT: Consideration and Possible Adoption of a Resolution Adjusting Fees for Pre-Hospital Emergency Medical Services and Ambulance Transportation Provided by the Ukiah Valley Fire Authority DEPARTMENT: Fire PREPARED BY: Traci Boyl, City Manager's Office Senior Analyst, Doug Hutchison, Fire Chief
PRESENTER: Doug Hutchison, Fire Chief
ATTACHMENTS:
1. AP Triton Fee Memo-2021
2. Ambulance Fee Resolution 2024
Summary: The City Council will consider adoption of a Resolution adjusting the fees charged for Pre-Hospital Emergency Medical Services and Ambulance Transportation provided by the Ukiah Valley Fire Authority (UVFA).
Background: The City of Ukiah has provided Pre-Hospital Emergency Services (PHEMS), including ambulance transportation, for decades and continues to do so today through the Ukiah Valley Fire Authority (UVFA).
Discussion: Ukiah Valley Fire Authority's current pre-hospital emergency services and ambulance transportation fee schedule was adopted by Resolution 2021-40 on September 1, 2021. The Fire Authority had partnered with AP Triton LLC to perform that rate study (Attachment 1). That study recommended a Bundled Base Rate of $3,350.00 based on estimated costs to provide services. At the time, Staff felt it was better to increase more incrementally, so the Bundled Base Rate was raised from $975.00 to $2,275. The rates have not been adjusted since. Staff is recommending adoption of Resolution 2024-XX (Attachment 2), raising the Bundled Base Rate to $3,000.00 to account for cost increases over the last 3 years. This is still under the $3,350.00 recommended in 2021. Staff will continue to monitor the cost recovery of this fund/activity and will seek additional review on at least an annual basis for full cost recovery, build adequate reserves for operations, and settle internal financing for recent capital acquisitions. If current fees charged are insufficient to cover these costs, staff will evaluate funding options and make appropriate recommendations for change to Council.
Recommended Action: Adopt Resolution adjusting fees for Pre Hospital Emergency Medical Services (PHEMS) and Ambulance Transportation provided by the Ukiah Valley Fire Authority.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: No
COORDINATED WITH: Doug Hutchison, Fire Chief
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
1309 Coffeen Avenue, Suite 3178 • Sheridan, WY 82801 • 833.251.5824 • www.aptriton.com August 24, 2021
Doug Hutchison, Fire Chief
Ukiah Valley Fire Authority
1500 S State Street
Ukiah, CA 95482
Dear Chief:
History
As I reviewed some of the historical documents used by the City of Ukiah as it relates to the current ambulance fee structure, I found a staff report and resolution from 2012, with their recommended fee adjustments. This was used as the starting point for establishing the recommended ambulance fee structure. The staff reported addressed only a very small and limited scope of cost recovery that was associated with the ambulance fee structure. The report mentioned the need to have annual cost reviews and adjustments using CPI for that period. Staff also attempted to address some of the service delivery costs that were attached to the EMS system.
There were a couple of very specific areas from the recommendation that need to be pointed out.
There was mention of a non-transport assessment fee that was set at $213 and recommended to be raised to $450. This would be very similar to a First Responder Fee (FRF). The second is the recommendation to adjust the fees from $989 to $1,882 for ALS transportation. This was an adjustment to cover a three-year (catch-up) period, totaling a $893 increase. This was an annual increase of $297 per year. There were other associated fees to be adjusted as well.
With all of the staff recommendations, there was also a sunset clause added to the resolution.
This was to take effect under a couple of situations and would have the fees revert to the 2007 rates, which are the current ambulance billing rates at this time.
The report that AP Triton has been working on used a very comprehensive review of the entire EMS system for both the City of Ukiah and Ukiah Valley Fire Authority, inclusive of all of the departments and EMS system components and capabilities. It took into account standardized methodologies to identify and establish cost recovery associated to all portions of the EMS system.
Fee Adjustments
Based on the goals that have been in place with the City of Ukiah regarding cost recovery for EMS services delivered by the Ukiah Fire Department, and in order to achieve the efficiency and
1309 Coffeen Avenue, Suite 3178 • Sheridan, WY 82801 • 833.251.5824 • www.aptriton.com effectiveness of a modern day and dynamic EMS system, the following ambulance and EMS fees are recommended. This catch-up period is for a total of 14 years.
Ambulance fees for all transports will use a ”bundle billing” process, which is the method of payment from the Center for Medicare and Medicaid Services (CMS). This means that there is very limited itemized billing examples: oxygen, mileage, cardiac monitors, and night calls. These are the standardized billing items from CMS.
Most, if not all, commercial insurance companies use this same billing approach as CMS as it relates to ambulance billing and payments. Again, these fees are required to be billed to every patient, per CMS regulations. With that said, both Medicare and Medi-Cal will only pay their set rates for those patients. Medicare has an established rate of $465 and Medi-Cal has an established rate of $165 per transport.
A First Responder Fee (FRF) is recommended at a rate of $390.23. This is an adjustment of $177.
This is $60 below what the staff recommendation was in 2012. The increase in the 2012 process was to add $237 for a rate of $450.
The current billing rate is at $989 for ALS transportation, which is the 2007 established date for this rate. The recommend rate is set at $3,350 for all transports. This works out for an average annual increase of $168.64 over the 14-year period.
Services 2007 (Current) Increase Recommended Rates
First Responder Fee $213.00 +$177.23 $390.23
Transportation $989.00 +$2,361 $3,350.00
Cardiac Monitor $77.00 +$17.00 $60.00
Oxygen $83.00 +$37.00 $120.00
Night call N/A +$100.00 $100.00
Milage $14.00 +$16.00 $30.00
1309 Coffeen Avenue, Suite 3178 • Sheridan, WY 82801 • 833.251.5824 • www.aptriton.com Summary:
The City of Ukiah identified several years ago that there was, and there still is a need to identify costs associated to the City’s EMS system. The EMS transportation portion has been reviewed and has our recommended the ambulance fee structure. This is just one portion of the over all EMS system within the Ukiah Valley Fire Authority. These ambulance fees are well within norms for EMS transportation providers of this size with the EMS incident call volume and patient transports.
Sincerely,
Timothy E. Maybee
Senior Associate
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF UKIAH ADOPTING FEES FOR PRE-HOSPITAL
EMERGECNY SERVICES AND AMBULANCE TRANSPORTATION PROVIDED BY THE
UKIAH VALLEY FIRE AUTHORITY
BE IT RESOLVED that effective immediately the City Council adopts the following fees for the provision of Pre-Hospital Emergency Medical services and Ambulance Transportation provided by the Ukiah Valley Fire Authority:
Bundled Base Rate ..........................................................................................$3,000.00 Mileage, per mile..............................................................................................$30.00 Oxygen and Supplies .......................................................................................$120.00 Cardiac Monitor................................................................................................$60.00 Treat, No Transport/First Response Fee ..........................................................$390.23 Night Call .........................................................................................................$100.00 FURTHERMORE, these fees are to be evaluated regularly and adjusted as necessary.
PASSED AND ADOPTED this 6th day of November 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Josefina Duenez, Mayor
ATTEST:
Kristine Lawler, City Clerk
Agenda Item No: 13.a.
MEETING DATE/TIME: 11/6/2024
ITEM NO: 2024-746
AGENDA SUMMARY REPORT
SUBJECT: Approval of Notice of Completion for Runway 15-33 Pavement Rehabilitation Phase 2 Project, Specification No. 21-06, and Approve Final Payment and the 2% Retention to Royal Electric's Construction Company.
DEPARTMENT: Airport PREPARED BY: Greg Owen, Airport Manager PRESENTER: Greg Owen, Airport Manager
ATTACHMENTS:
1. Plans & Specifications
2. Notice of Completion
3. Presentation given at meeting.
Summary: Council will consider approving a Notice of Completion for the Runway 15-33 Pavement Rehabilitation Phase 2 project, Specification No. 21-06, and approving the final payment and the 2% retention to Royal Electric's Construction Company.
Background: On May 4, 2022, at a Regular Council meeting, the City Council authorized the City Manager to execute a grant agreement with the Federal Aviation Administration (FAA) and award the bid for Specification 21-06, Runway 15-33 Pavement Rehabilitation Phase 2, to Royal Electric. This authorization was contingent upon the FAA grant offer. The total project cost was $2,509,484, with 90% of the project cost funded by an FAA grant. The project involved the rehabilitation of Runway 15-33 and included the following key elements: 1) Runway Width Reduction: The runway width was reduced from 150 feet to 75 feet to align with current safety standards and operational needs; 2) Lighting System Upgrades: Installation of a new LED Medium Intensity Runway Lighting System (MIRLS); 3)Replacement of existing Runway Threshold Lights with new LED fixtures; 4)Removal and installation of new Runway 15 LED Runway End Identifier Lights (REILs); 5) Installation of new Runway 33 LED REILs; and 6) Installation of a new LED Precision Approach Path Indicator (PAPI).
Discussion: The contracted work was completed by the contractor in conformance with the approved plans and specifications on October 2, 2024 (Attachment 1). The original awarded unit price contract amount, based on estimated quantities, was $2,222,222, with actual quantities resulting in a final contract amount of $2,081,764. Final payment of the retention will be made to the contractor after 35 days from the date of the Notice of Completion (Attachment 2) is filed with the County Recorder
Recommended Action: Approve the Notice of Completion for Runway 15-33 Pavement Rehabilitation Phase 2 project, Specification No. 21-06, and Approve Final Payment and the 2% Retention to Royal Electric's Construction Company.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: FAA Grant, Caltrans Grant, and Airport Funds PREVIOUS CONTRACT/PURCHASE ORDER NO.: Contract 2122-234 COORDINATED WITH: Mary Horger, Financial Services Manager, Greg Owen, Airport Manager DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP):N/A
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
SPECIAL PROVISIONS
FOR
RUNWAY 15-33 PAVEMENT REHABILITATION, PHASE 2
SPECIFICATION NO. 21-06
FAA AIP NO. 3-03-0268-020-2022
CITY OF UKIAH
DEPARTMENT OF AIRPORT
300 Seminary Avenue
Ukiah, California 95482-5400
Bids Open: April 6, 2022
2:00 p.m.
Office of City Clerk
Pre-bid meeting: March 30, 2022, 1:00 p.m.
Dated Signed: 03/08/2022
Attachment 1
Ukiah Municipal Airport Notice to Bidders
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
Page Intentionally Blank
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:
JIM BROWN – MAYOR
JOSEFINA DUEÑAS – VICE-MAYOR
MARI RODIN – COUNCIL MEMBER
JUAN OROZCO – COUNCIL MEMBER
DOUGLAS CRANE – COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER
TIM ERIKSEN – DIRECTOR OF PUBLIC WORKS / CITY ENGINEER
GREG OWEN – AIRPORT MANAGER
MARY HORGER – PROCUREMENT MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER – CITY TREASURER
CITY OF UKIAH
DEPARTMENT OF AIRPORT
March 9, 2022
Bid Set
Ukiah Municipal Airport Notice to Bidders
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
Page Intentionally Blank
TABLE OF CONTENTS
PAGE
NOTICE TO BIDDERS..................................................................................................................................1 INSTRUCTIONS TO BIDDERS....................................................................................................................5
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS............................................8 1-01. Definitions
1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal
1-04. Withdrawal of Bids
1-05. Public Opening of Bids
1-06. Bid Guaranty
1-07. Qualification of Bidders
1-08. Disqualification of Bidders
1-09. Identification of Subcontractors
1-10. General Provisions of the Standard Specifications 1-11. Addenda
SECTION 2. AWARD AND EXECUTION OF CONTRACT ......................................................................11 2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT ...............................................................................12 3-01. Effect of Inspection and Payments
3-02. Effect of Extension of Time
3-03. Extra Work
3-04. Assignment of Contract
3-05. Subcontractors
3-06. Interpretation of Special Provisions and Drawings 3-07. Addenda
3-08. Liability of City Officials
3-09. Dispute Resolution
SECTION 4. BONDS .................................................................................................................................12 4-01. Faithful Performance Bond
4-02. Material and Labor Bond
4-03. Defective Material and Workmanship Bond
iv
RUNWAY 15-33 PAVEMENT REHABILITATION, PHASE, 2 Spec No. 21-06 4-04. Notification of Surety Companies
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS.....................................................13 5-01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions
5-05. Acceptability of Insurers
5-06. Verification of Coverage
5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR.....................................................15 6-01. Legal Address of Contractor
6-02. Office of Contractor at Site
6-03. Attention to Work
6-04. Liability of Contractor
6-05. Protection of Persons and Property
6-06. Protection of City Against Patent Claims
6-07. Protection of Contractor’s Work Property
6-08. Regulations and Permits
6-09. Construction Utilities
6-10. Approval of Contractor’s Plans
6-11. Suggestions to the Contractor
6-12. Termination of Unsatisfactory Subcontracts
6-13. Preservation of Stakes and Marks
6-14. Assistance to Engineer
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Errors and Omissions
6-18. Cooperation
6-19. Right of Contractor to Stop Work
6-20. Hiring and Dismissal of Employees
6-21. Wage Rates
6-22. Cleaning Up
6-23. Guaranty
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY......................................................................21 7-01. Authority of the Engineer
7-02. Inspection
7-03. Surveys
7-04. Rights-of-Way
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Additional Drawings by City
7-08. Additional and Emergency Protection
v
RUNWAY 15-33 PAVEMENT REHABILITATION, PHASE, 2 Spec No. 21-06 7-09. Suspension of Work
7-10. Right of City to Terminate Contract
7-11. Use of Completed Portions
SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT............................................................24 8-01. General Quality
8-02. Quality in Absence of Detailed Specifications
8-03. Materials and Equipment Specified by Name
8-04. Source of Materials
8-05. Storage of Materials
8-06. Drawings, Samples and Tests
SECTION 9. PROSECUTION OF WORK .................................................................................................25 9-01. Equipment and Methods
9-02. Time of Completion
9-03. Avoidable Delays
9-04. Unavoidable Delays
9-05. Notice of Delays
9-06. Extension of Time
9-07. Unfavorable Weather and Other Conditions
9-08. Saturday, Sunday, Holiday and Night Work
9-09. Hours of Labor
SECTION 10. PAYMENT...........................................................................................................................27 10-01. Certification by Engineer
10-02. Progress Estimates and Payment
10-03. Substitution of Securities
10-04. Acceptance
10-05. Final Estimate and Payment
10-06. Delay Payments
10-07. Extra Work and Work Omitted
10-08. Compensation for Extra Work or Work Omitted
10-09. Compensation to the City for Extension of Time
10-10. Liquidated Damages for Delay
SECTION 11. MISCELLANEOUS.............................................................................................................31 11-01. Notice
11-02. Computation of Time
11-03 Claims Procedure Required by Public Contract Code Section 9204 11-04. Litigation and Forum Selection
11-05. Waiver
SECTION 12. GENERAL INFORMATION ................................................................................................34
vi
RUNWAY 15-33 PAVEMENT REHABILITATION, PHASE, 2 Spec No. 21-06 12-01. Location and Scope of Work
12-02. Arrangement of Technical Specifications
12-03. Arrangement of Plans
12-04. Business Licenses
12-05. Permits
12-06. Standard Specifications and Standard Plans
12-07. Temporary Facilities
12-08. Public Convenience and Safety
12-09. Maintaining Traffic
12-10. Stream Pollution
12-11. Warranties
12-12. Utilities
12-13. Preconstruction Conference
12-14. Safety Requirements
SECTION 13. PROJECT-SPECIFIC CONSTRUCTION DETAILS...........................................................36 13-01. Federal Required Contract Provisions ............................................................................................39 13-02. Project-Specific Requirements for Airport Construction ..................................................................71 Part 1, Provisions for Airport Construction.......................................................................................73 Part 2, Construction Safety and Phasing Plan ................................................................................81 13-03. FAA Standard Specifications for Construction of Airports (Advisory Circular 150-5370-10H) ......120 Part 1, FAA General Contract Provisions .....................................................................................122 Section 10 Definition of Terms................................................................................................124 Section 20 Proposal Requirements and Conditions ...............................................................132 Section 30 Award and Execution of Contract .........................................................................136 Section 40 Scope of Work ......................................................................................................138 Section 50 Control of Work .....................................................................................................142 Section 60 Control of Materials...............................................................................................148 Section 70 Legal Relations and Responsibility to Public ........................................................152 Section 80 Prosecution and Progress ....................................................................................158 Section 90 Measurement and Payment .................................................................................164 Part 2, FAA General Construction Items......................................................................................172 Item C-100 Contractor Quality Control Program (CQCP).........................................................174 Item C-105 Mobilization ............................................................................................................182 Part 3 – Sitework
Item P-151 Clearing and Grubbing ...........................................................................................186 Item P-153 Controlled Low Strength Material (CLSM) .............................................................188 Part 4 – Base Courses – Not Used.
Part 5 – Stabilized Base Courses – Not Used.
Part 6 – Flexible Pavements - Not Used.
vii
RUNWAY 15-33 PAVEMENT REHABILITATION, PHASE, 2 Spec No. 21-06 Part 7 – Rigid Pavement – Not Used.
Part 8 – Surface Treatments
Item P-608 Emulsified Asphalt Seal Coat.................................................................................192 Part 9 – Miscellaneous
Item P-603 Emulsified Asphalt Tack Coat ................................................................................200 Item P-610 Concrete for Miscellaneous Structures ..................................................................204 Item P-620 Runway and Taxiway Marking ...............................................................................210 Part 10 – Fencing
Item F-162 Chain Link Fence....................................................................................................216 Part 11 – Drainage – Not Used.
Part 12 – Turfing
Item T-901 Seeding ..................................................................................................................220 Part 13 – Lighting Installation
Item L-108 Underground Power Cables for Airports.................................................................224 Item L-110 Airport Underground Electrical Duct Banks and Conduits......................................236 Item L-115 Electrical Manholes and Junction Structures .........................................................244 Item L-125 Installation of Airport Lighting Systems ..................................................................252 13-04. Additional Project Specifications .................................................................................................260 Item NS-100 Electrical Work.....................................................................................................262 Item NS-101 Locate and Protect Existing Equipment...............................................................270 Item NS-110 Directional Boring ................................................................................................272 13-05. Supplemental Documentation in Support of Construction of this Project ....................................276 Geotechnical Report .................................................................................................................278 SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS.............................................................313 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS................................................................313 15-01. Provisions of General Conditions to be Amended
viii
RUNWAY 15-33 PAVEMENT REHABILITATION, PHASE, 2 Spec No. 21-06 PROPOSAL FORMS (to be submitted with Bid)..................................................................................314 (1) Bidder’s Checklist .......................................................................................................................... 315 (2) Proposal Form ............................................................................................................................... 316 (3) Bidding Schedule (with amounts written in both figures and words) ............................................. 317 (4) Acknowledgment of receipt of addendum (at end of bid schedule)............................................... 318 Check the City website for any addenda issued: www.cityofukiah.com/purchasing (5) Fair Employment Practices Certification........................................................................................ 325 (6) Worker’s Compensation Certificate ............................................................................................... 26 (7) Certification of Nondiscrimination in Employment ......................................................................... 327 (8) List of Subcontractors .................................................................................................................... 328 (9) Statement of Experience ............................................................................................................... 329 (10) Signature of Bidder page ............................................................................................................... 330 (11) Bidder’s Bond................................................................................................................................. 331 (12) Non-Collusion Declaration ............................................................................................................. 332 (13) Prohibition of Segregated Facilities ............................................................................................... 333 (14) Certification of Bidder Regarding Affirmative Action Program....................................................... 334 (15) Certification Regarding Foreign Trade Restrictions....................................................................... 335 (16) Certificate of Buy American d for Manufactured Products............................................................. 336 (17) Non-lobbying Certification.............................................................................................................. 338 (18) Suspension and Debarment Requirements Certification............................................................... 339 (19) Public Contract Code Sections 10285.1 Statement 10162 Questionnaire 10232 Statement ....... 340 (20) Drug-free Workplace Certification.................................................................................................. 341 (21) Certification of Offerer/Bidder Regarding Tax Delinquency and Felony Convictions .................... 342 SAMPLE FORMS .....................................................................................................................................304 (1) Agreement ..................................................................................................................................... 342 (2) Indemnification Agreement ............................................................................................................ 343 (3) Example Bond Forms .................................................................................................................... 344 (4) Directions for Preparation of Performance and Material and Labor Bond..................................... 345 (5) Defective Material and Workmanship (Maintenance) Bond .......................................................... 350 (6) Insurance Certificates and Endorsement Forms ...........................................................................
Ukiah Municipal Airport Notice to Bidders
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
NOTICE TO BIDDERS FOR RUNWAY 15-33 PAVEMENT REHABILITATION, PHASE 2 SPECIFICATION NO. 21-06
NOTICE IS HEREBY GIVEN that sealed standard proposals for RUNWAY 15-33 PAVEMENT REHABILITATION, PHASE 2 will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on April 6, 2022. Bids shall be addressed to the City Clerk and shall be endorsed “RUNWAY 15-33 PAVEMENT REHABILITATION, PHASE 2.” Bids are required for the entire work described herein. No fax bids will be accepted. As soon thereafter as possible, the bids will be publicly opened and read in the Council Chambers at 300 Seminary Avenue, Ukiah. The bid opening will also be visible via live streaming at http://www.cityofukiah.com/meetings/.
DESCRIPTION OF WORK: The scope of work for this Project consists of the following:
1. Runway 15-33 Width Reduction
2. New LED MIRLS (Medium Intensity Runway Lighting System) Installation
3. Runway Threshold Lights (Remove and Install New)
4. New Runway 15 LED REIL (Runway End Identifier Lights) Installation
5. New Runway 33 LED REIL Installation
6. New LED PAPI (Precision Approach Path Indicator)
Two bid schedules are provided to separate costs due to different funding sources. All bidders must submit bids for both schedules. Award of the contract, if it is to be awarded, will be to the lowest responsible bidder basd on the total of Bid Schedules 1 and Bid Schedule 2 combined, whose bid complies with all the specified requirements.
Bid may be held up to 120 days prior to award.
ENGINEER’S COST ESTIMATE:
Bid Schedule 1: $1,237,610.00
Bid Schedule 2: $851,930.00
(Total for Bid Schedules 1 and 2: $2,089,540.00)
Plans and Special Provisions may be inspected and/or copies obtained from the City’s website at www.cityofukiah.com/purchasing. No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law. Further information regarding the work or these specifications can be obtained by calling Mary Horger, Procurement Manager at (707) 463-6233 or by email at [email protected].
The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid by a responsible bidder and which it deems in the best interest of the City to accept. The City Council also reserves the right, but not the obligation, to waive any irregularity or failure to strictly comply with the bidding requirements, that the City determines in the reasonable exercise of its discretion does not provide the bidder with a competitive advantage over other bidders.
No contractor or subcontractor may be listed on a bid proposal for a public works unless registered with the Department of Industrial Relations (“DIR”) pursuant to Labor Code section 1725.5 except as allowed. under Labor Code section 1771.1(a).The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the DIR. 1
Ukiah Municipal Airport Notice to Bidders
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
Minimum Wage: All labor on this Project shall be paid not less than the greater of the minimum wage rates established by the U.S. Secretary of Labor (Federal Wage Rates), or by the State of California’s Director of the Department of Industrial Relations (State Wage Rates). (See Instructions to Bidders for further information.) The prime contractor for the work herein shall possess a current, valid State of California, Class A and/or the correct combination of Class C Contractor's Licenses. Pursuant to California Public Contract Code §22300, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract.
PRE-BID MEETING: A non-mandatory pre-bid meeting has been scheduled to discuss the project details and requirements, and to visit the project site. The meeting will be held on March 30, 2022 at 1 PM (PST) at the Airport Manager’s Office, 1403 South State Street, Ukiah, California. Bidders are HIGHLY ENCOURAGED TO ATTEND.
FEDERAL AVIATION ADMINISTRATION (FAA). This project is funded under the Federal Aviation Administration (FAA) Airport Improvement Program (AIP). Contractor(s) will be required to comply with specific federal contract provisions as listed herein and contained in the Bid Documents. (1) NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION to ENSURE EQUAL EMPLOYMENT
OPPORTUNITY
The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.
The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:
Timetables
Goals for minority participation for each trade: 23.2% (Mendocino County) Goals for female participation in each trade: 6.9%
These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.
The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4.
Compliance with the goals will be measured against the total work hours performed.
The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.
2
Ukiah Municipal Airport Notice to Bidders
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
As used in this notice and in the contract resulting from this solicitation, the “covered area” is CITY OF UKIAH, COUNTY OF MENDOCINO, STATE OF CALIFORNIA.
(2) CIVIL RIGHTS – TITLE VI ASSURANCE
The CITY OF UKIAH, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. (3) DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The requirements of 49 CFR part 26 apply to this contract. It is the policy of the CITY OF UKIAH to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract.
The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership. Since participation is anticipated to be met using Race Neutral (RN) methods a contract goal is not required for the project rather the Sponsor encourages DBE participation on this project and will facilitate DBE participation using Race Neutral measures. (4) Federal Provisions
The following provisions are incorporated herein by reference with the same force and effect as if given in full text:
1) Buy American Preference (Reference: 49 USC § 50101)
2) Civil Rights Title VI (Reference e: 49 USC § 47123)
3) Davis Bacon Act (Reference: 2 CFR § 200, Appendix II(D); 29 CFR Part 5) 4) Debarment and Suspension (Reference: 2 CFR part 180 (Subpart C); 2 CFR part 1200; and DOT Order 4200.5 )
5) Disadvantage Business Enterprise (Reference: 49CFR Part 26) 6) Trade Restriction Certification (Reference: 49 USC § 50104; 49 CFR part 30) 7) Lobbying and Influencing Federal Employees (Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment; 2 CFR part 200, Appendix II(J); and 49 CFR part 20, Appendix A) 8) Procurement of Recovered Materials (Reference: 2 CFR § 200.322; 40 CFR part 247; and Solid Waste Disposal Act)
(See Federal Contract Provisions of the Project Special Provisions for further details.) Successful Bidder/Contractor will be required to insert applicable federal contract provisions in all subcontracts and shall be responsible for compliance by subcontractor(s).
LIST OF SUBCONTRACTORS. The prime contractor must provide a list of subcontractors with his bid on the form provided in the Proposal forms. (Refer to General Conditions for further information.) Each bid/proposal must be accompanied by a certified check, cashier's check, or bid bond in an amount not less 10% of the amount bid. The successful bidder shall be required to submit at the time of execution of the Contract a Performance Bond and a Payment Bond (Labor and Material), each for 100% of the Contract price.
By order of the City Council, City of Ukiah, County of Mendocino, State of California.
Dated:________________________ ________________________________________ Kristine Lawler, City Clerk, City of Ukiah, California
PUBLISH TWO TIMES:
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Ukiah Municipal Airport Notice to Bidders
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
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Ukiah Municipal Airport Instructions to Bidders
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
INSTRUCTIONS TO BIDDERS
The UKIAH MUNICIPAL AIRPORT RUNWAY 15-33 PAVEMENT REHABILITATION, PHASE 2 project shall be performed in accordance with the Plans and Special Provisions therefor adopted, to which special reference is hereby made. All bidders must submit bids for both schedules.
Each bidder must supply all the information required by the bid documents and Special Provisions.
General Requirements. The Bidder’s / Contractor's attention is directed to Section 13-03, Part 1, FAA General Contract Provisions, Section 20, "Proposal Requirements and Conditions," for general details on the preparation of proposals for this Project.
• Each bidder shall submit “evidence of competency” and “evidence of financial responsibility” to the Owner at the time of bid opening.
Federal Requirements. This Project is funded by the FAA and as such is subject to extensive Federal requirements and provisions in the areas of labor, wage rates, notices for Contracts, and bidding provisions.
The Bidder’s / Contractor's attention is directed to Section 13-01 “Federal Required Contract Provisions,” and Section 13-03, Part 1 “FAA General Contract Provisions” for detailed information on FAA requirements .
Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award of any contract entered into pursuant to this advertisement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for the employment of minorities.
All proposals or bids shall be accompanied by a cashier's check or certified check payable to the order of the City of Ukiah amounting to 10 percent of the bid, or by a bond in said amount and signed by the bidder and a corporate surety, payable to said City. Said check shall be forfeited or said bond shall become payable to said City in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him: (a) enter into a contract with the City and (b) furnish certificates of insurance and endorsements, a bond of faithful performance and a payment bond as described in the Special Provisions.
No bidder shall withdraw his or her bid for a period of one hundred twenty (120) calendar days after the date set by the City for the opening thereof.
The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start of any work.
The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as scheduled.
Minimum Wage: Wage rates and restrictions on working days and times shall meet all requirements of the Labor Code of the State of California for public contract and the Federal Requirements, as detailed in the Special Provisions “Required Federal Provisions.” All labor on this Project shall be paid not less than the greater of the minimum wage rates established by the U.S. Secretary of Labor (Federal Wage Rates), or by the State of California’s Director of the Department of Industrial Relations (State Wage Rates). Federal wage determinations issued under the Davis-Bacon and related Acts are available electronically at no cost at Wage Determinations 5
Ukiah Municipal Airport Instructions to Bidders
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
OnLine.gov, http://www.wdol.gov/Index.aspx. The bidder may contact the Director of the Department of Industrial Relations, phone number (415) 703-4774 or www.dir.ca.gov/dlsr/PWD/ (website), to obtain a schedule of the State general prevailing wages applicable to the location and work to be done. The Contractor and the Contractor’s subcontractors are responsible for compliance with the requirements of Section 1777.5 and 1777.6 of the Labor Code of the State of California regarding employment of apprentices.
The work is to be completed within Sixty (60) calendar days. This Project is subject to liquidated damages if time limitations are not met. The Contractor will pay to the City the sum of two thousand ($2,000.00) dollars per day for each and every calendar day delay beyond the time prescribed.
The staff shall notify a bidder by telephone, email or fax, if it intends to recommend the rejection of the bidder’s bid. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening, or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest.
All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest.
Examination of Site, Drawings, Etc.
Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise.
The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. Any bid shall take into consideration that conditions may exist underground or otherwise that are not known to the City or easily detected during a site inspection that could impact the time or cost of completing the project. The City expects the bids to anticipate such conditions so that it can know for budgeting and other purposes the total cost to complete the project before accepting a bid and undertaking the legal obligation to construct the project. In awarding the contract the City relies on the contractor’s representation that its bid anticipates differing site conditions and the additional time or cost that such conditions may necessitate. 6
Ukiah Municipal Airport Instructions to Bidders
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022 Bid Set
The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, FAA Technical Specifications, Standard Specifications, Standard Plans, and Contract Documents.
The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract.
Drug-free Workplace. This project / contract is covered by the Drug-Free Workplace Act of 1988; contractor will be required to provide a drug-free workplace.
Compliance: The Contractor shall be responsible for complying with all City, County, State, and Federal Codes, Laws, Statutes, Regulations, Ordinances, and Policies, as applicable, in the performance of the Contract.
Contractor’s Employees Identification: Contractor must submit a current list of full names i.e., first, middle, and last (no nicknames), addresses, birth dates, social security numbers, driver’s license numbers, and last known address of all employees who perform work in City / County facilities under this Contract. Changes in the employment list must be reported to the City within 24 hours.
Bidder Inquiries and Questions
Inquiries and questions must be submitted in writing via fax or email to the following designated contact person:
Mary Horger, Procurement Manager
Fax: (707) 313-3621
Email: [email protected]
The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid opening.
Location of the Work
All of the work to be performed is within the City of Ukiah. Project is located at 1403 South State Street, Ukiah, California.
END OF INSTRUCTIONS TO BIDDERS
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Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
GENERAL CONDITIONS
*This is an FAA AIP funded project; thus, if there is a conflict in information or contract terms contained in these General Conditions and the FAA General Contract Provisions, the FAA Provisions will hold precedence. See Section 13-03, Part 1, subsections 50-03 and 50-04 for a list of the Order of Precedence, where there are conflicts or inconsistencies between documents comprising the bid package or construction contract, including, but not limited to, conflicts or inconsistencies between the City’s General Conditions and the FAA’s General Contract Provisions. (Wage rate information is summarized in the Instruction to Bidders and the Federal Contract Provisions Article A-6).
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given:
a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain.
b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them.
c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives.
e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each.
g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise.
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Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise.
As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Special Provisions, FAA Technical Specifications, Standard Specifications, and Standard Plans involved.
1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation.
Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid.
1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
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Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract.
A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed.
In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected.
1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following) and shall set forth:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid.
(b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. (See 1-10.1 below).The Standard Specifications are set forth in Section 12-06 of these Special Provisions.
1-10.1. FAA Standard Specifications. Per Advisory Circular 150-5370-10H, “FAA Standard Specifications for Construction of Airports,” Section 13-03, Parts 1, 2 and 3-13 shall be used for this Project. 1-11. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda.
Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. 10
Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
SECTION 2. AWARD AND EXECUTION OF CONTRACT
2-01. Award of Contract. Award of the contract, if it is to be awarded, will be to the lowest responsible bidder based on the total of Bid Schedules 1 and 2 combined, whose bid complies with all the specified requirements.
The award, if made, will be made within one hundred twenty (120) days after opening of the bids (pending approval from the FAA). The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost.
The award(s), if made, will be pending FAA review and confirmation of availability of funds. All bids shall be valid for a period of one hundred twenty (120) calendar days from the bid opening date. 2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned upon request to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City.
SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative.
3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgement of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract.
3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him.
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Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors.
Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract.
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings.
Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the City Technical Specifications regarding the Standard Specifications and Standard Plans. 3-07. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. 3-08. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-09. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6.
SECTION 4. BONDS
4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement.
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Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made.
4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract.
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS
(WITH CONSTRUCTION RISKS)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this 13
Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage.
4. Course of Construction: Completed value of the project with no co-insurance penalty provisions. 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.
2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.
3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code.
6. Course of Construction policies shall contain the following provisions:
a.) The City shall be named as loss payee.
b.) The insurer shall waive all rights of subrogation against the City. 5-05. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following:
A++ VII A- VIII
A+ VII B++ X
A VII B+ X
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5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR
6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally. 6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative.
6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.
The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision. 15
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Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated.
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein.
In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence.
The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property.
All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes. 16
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Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof.
Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made. 6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor.
6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. 6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. 6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved.
6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be 17
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used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof.
6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer.
6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor’s attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor.
6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk.
6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands.
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Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer.
(1) If the work is stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him.
(2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract.
(3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City.
All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates.
1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics.
1.1 This project is funded in part by a Federal Aviation Administration grant; thus, Contractor must comply with the Davis-Bacon Act, which requires that employees must be paid the higher of the state wages or federal wages, whichever is highest. See Required Federal Contract Provisions of these specifications for further information.
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2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 (or the higher minimum penalty as provided in Section 1775(B)(ii) – (iii)) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor.
3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are available on the Internet at web address:
http://www.dir.ca.gov/DLSR/PWD The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers.
4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Contractor. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City.
5. The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE.
Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE.
6. Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968).
7. Apprentices.
Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 20
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7.1 Further information regarding Apprentices is included in the Required Federal Contract Provisions.
6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.
On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition.
6-23. Guaranty. All work shall be guaranteed for a period of one year from the date of acceptance by the City.
The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment.
The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof.
Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work.
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY
7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer.
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7-02. Inspection. The City will provide engineering personnel for the inspection of the work.
The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection.
If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection.
Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense.
Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re-examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost.
Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements.
7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable. 7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction.
However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this 22
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contract shall not exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a supplementary agreement to be made therefore.
The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions.
Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings. 7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate.
The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to become due the Contractor.
The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer. 7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension.
If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. 23
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7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer.
7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine.
SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT
8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved. Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. 24
Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer.
When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources.
All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material.
SECTION 9. PROSECUTION OF WORK
9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods. 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith.
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Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified. 9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or she could not have provided against by the exercise of care, prudence, foresight and diligence. Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby. 9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays.
Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order.
9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while 26
Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them.
The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer.
It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work.
9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof.
SECTION 10. PAYMENT
10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month.
The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from 27
Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored.
The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work satisfactorily performed and complete in place.
10-03. Substitution of Securities.
1. At such times that Public Contract Code Section 22300 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract. Market value shall be determined as of the day prior to the date such substitution is to take place.
Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types:
(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States.
(c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest.
(d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better.
(e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation.
(f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation.
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Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
(g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association.
(i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2).
(k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico.
(l) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service.
2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract.
The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent.
3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash.
10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the 29
Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council.
10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof.
Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe.
In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder.
10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate.
The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted".
When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses.
All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and 30
Ukiah Municipal Airport General Information
Ukiah, California Runway 15-33 Pavement Rehabilitation, Phase 2 AIP No. 3-06-0268-020-2022
Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work.
When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.03 D,"Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications.
This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges.
10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of two thousand dollars ($2,000) per day for each and every calendar day delay beyond the time prescribed.
SECTION 11. MISCELLANEOUS
11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt. 11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation.
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