If you need assistance in order to attend the City Council meeting, or if you require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the City Council, the City is happy to assist you. Please contact City offices at (530) 822-4817 at least 72 hours in advance so such aids or services can be arranged. City Hall TTY: 530-822-4732 AGENDA
JULY 19, 2022
REGULAR MEETING
CITY COUNCIL
CITY OF YUBA CITY
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
MAYOR ● Dave Shaw
VICE MAYOR ● Wade Kirchner
COUNCILMEMBER ● Marc Boomgaarden
COUNCILMEMBER ● Grace Espindola
COUNCILMEMBER ● Shon Harris
CITY MANAGER ● Diana Langley
CITY ATTORNEY ● Shannon L. Chaffin
1201 Civic Center Blvd
Yuba City CA 95993
Wheelchair Accessible
AGENDA
REGULAR MEETING
CITY COUNCIL - CITY OF YUBA CITY
JULY 19, 2022
6:00 P.M. REGULAR MEETING
COUNCIL CHAMBERS/VIRTUAL
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s office at 1201 Civic Center Blvd., Yuba City, during normal business hours. Such documents are also available on the City of Yuba City’s website at www.yubacity.net, subject to staff’s availability to post the documents before the meeting.
The Council Chambers will be open for public attendance and participation. The meeting will also be live streamed for public viewing, but not participation, at the following link:
https://us06web.zoom.us/webinar/register/WN_H5saU5eZTVmoFRjhCTGINw. Emailed comments sent to [email protected] at least 24 hours before the meeting will be distributed to the City Council prior to the meeting. Please identify the Agenda item(s) addressed by the comments.
Regular Meeting
Call to Order
Roll Call
__ Mayor Shaw
__ Vice Mayor Kirchner
__ Councilmember Boomgaarden
__ Councilmember Espindola
__ Councilmember Harris
Invocation/Inspiration
Pledge of Allegiance to the Flag
Agenda Modifications/Approval of Agenda
Public Communication
1. Appearance of Interested Citizens
You are welcome and encouraged to participate in this meeting. Public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda will be considered at this time. Public comment is limited to three minutes per speaker. Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted five minutes to comment per speaker.
Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.
Consent Calendar
All matters listed under Consent Calendar are considered to be routine and can be enacted in one motion. There will be no separate discussion of these items prior to the time that Council votes on the motion unless members of the City Council request specific items to be discussed or removed from the Consent Calendar for individual action.
2. Minutes from July 5, 2022 meeting
Recommendation: Approve mintues from July 5, 2022 meeting
3. Purchase of an AP 300 Sprayground for Gauche Aquatic Park (GAP) Recommendation: Adopt a Resolution adopting a CEQA Class 1 Categorical Exemption; and approving the sole-source purchase of lifefloor tiles and the manufacturing of an AP 300 Sprayground to WhiteWater West Industries Ltd. of Richmond, British Columbia in the amount of $326,333, with the finding that it is in the best interest of the City; and authorizing the City Manager to execute an agreement with WhiteWater West Industries Ltd. of
Richmond, British Columbia
4. Faith Court Subdivision (Subdivision Agreement and Final Map Approval) Recommendation: Adopt a Resolution approving the execution of a Subdivision Agreement with Faith, LLC, a California Limited Liability Company providing for public improvements associated with the Faith Court Subdivision Map, approving the Faith Court Subdivision Final Map, accepting dedication of rights-of-way and easements shown thereon and authorizing the filing of the map. (Subdivision is located south of Monroe Road and
approximately 800 feet east of Royo Ranchero Drive)
5. Small Wireless Telecommunications Facilities within the City's Right-of-Way Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City adding Chapter 8 Wireless Telecommunications Facilities in the Public Right of Way to Title 6 of the Yuba City Municipal Code by title only and waive the second reading
6. California Senate Bill 1205 Compliance Report for State-Mandated Annual Fire Inspections
Recommendation: Adopt a Resolution acknowledging receipt of the Yuba City Fire Department’s annual inspections report and recognizing the Department’s level of compliance with California Health and Safety Code Sections 13146.2, 13146.3, and 13146.4
7. Sam Brannan Restroom Replacement Project Award
Recommendation: Adopt a Resolution adopting a CEQA Class 1 Categorical Exemption; awarding a construction contract to Public
Restroom Company in the amount of $234,096 through
Sourcewell Contract No. 081721-PRM, with the finding that it is in the best interest of the City; and authorizing the City Manager to execute an agreement for the Sam Brannan Restroom
Replacement project
8. Fire Local 3793 Side Letter
Recommendation: Adopt a Resolution approving a Side Letter with Fire Local
3793, effective January 29, 2022, regarding sick leave and overtime calculations through December 31, 2022
9. Designation of Voting Delegates for the League of California Cities Annual Conference in September 2022
Recommendation: Designate Mayor Dave Shaw to serve as the Voting Delegate for the 2022 League of California Cities Annual Conference in September 2022, and designate Vice Mayor Kirchner and
Councilmember Harris to serve as first and second alternates, respectively
10. Yuba City Residential Street Light Maintenance Districts (Walton Area and Tierra Buena Area) Resolution of Intent
Recommendation: A. Adopt a Resolution Approving Engineer’s Reports and Declaring Intention to Levy for Yuba City Residential Street Light Maintenance Districts, to continue the Residential Street Light Maintenance Districts, pursuant to the Benefits
Assessment Act of 1982
B. Set a Public Hearing for August 16, 2022 at 6:00 PM to establish assessments for Fiscal Year (FY) 2022-23
11. Yuba City Landscape Maintenance District No.1 (Stabler Lane/Garden Highway Area) Resolution of Intent
Recommendation: A. Adopt the following Resolutions to continue the Maintenance District, pursuant to the Landscaping and Lighting Act of 1972:
Resolution Approving the Engineer’s Report, Yuba City Landscape Maintenance District No. 1
Resolution of Intention to Order Improvements, Yuba
City Landscape Maintenance District No. 1
B. Set a Public Hearing for August 16, 2022 at 6:00 PM to establish assessments for FY 22/23
12. Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4 & 5 (Town Center and 69 Subdivisions throughout Yuba City), and Yuba City Lighting and Landscape Maintenance District No. 6 (Commercial District) Resolution of Intent Recommendation: A. Adopt the following Resolutions to continue the Maintenance Districts, pursuant to the Landscaping and
Lighting Act of 1972:
Resolution Approving Engineer’s Reports, Yuba City
Lighting and Landscape Maintenance District Nos. 2, 3,
4, 5 and 6
Resolution of Intention to Order Improvements and Set a Public Hearing for August 16, 2022 at 6:00 PM to
establish assessments for Fiscal Year (FY) 2022-23 ,
Yuba City Lighting and Landscape Maintenance District
Nos. 2, 3, 4, 5 and 6
Business Items
13. Community Sponsorship Requests
Recommendation: Consider the Sponsorship Requests from the Alliance for Hispanic Advancement and Yuba Sutter Arts & Culture, and if approved:
A. Adopt a Resolution to approve a monetary Sponsorship request from the Alliance for Hispanic Advancement (AHA) of up to $6,000.00 to advance Hispanic heritage in our local communities through community action, educational
enhancement, and economic development
B. Adopt a Resolution to approve a monetary Sponsorship request from the Yuba Sutter Arts & Culture of up to
$10,000.00 for the support of a Mural Marathon and Utility Box Mini Mural event in Yuba City
14. Wastewater Treatment Facility Effluent Discharge Outfall Diffuser Project – Final Design Amendment
Recommendation: Adopt a Resolution to award Amendment No. 5 to the Professional Services Agreement with CH2M Hill Engineers, Inc. to complete Final Design activities for the Wastewater Treatment Facility Effluent Discharge Outfall Diffuser Project, including new scope of work tasks identified from the design, permitting, and easement acquisition activities, and authorize the City Manager to execute the amendment following approval as to form by the City Attorney, with the finding that it is in the best interest of the City
15. 2022 Community Development Block Grant Annual Action Plan and 2021 Action Plan Amendment
Recommendation: A. Conduct a Public Hearing to receive comments on the CDBG 2022 Annual Action Plan and the 2021 Action Plan
Substantial Amendment and after consideration
B. Adopt a Resolution approving the proposed CDBG 2022
Annual Action Plan and 2021 Action Plan Substantial
Amendment and authorize staff to submit the required
documents to the Department of Housing and Urban
Development (HUD) for processing
Future Agenda Items
16. Future Agenda Items
- Councilmember Boomgaarden
- Councilmember Espindola
- Councilmember Harris
- Vice Mayor Kirchner
- Mayor Shaw
Reports and Communications
The following reports and communication items are provided for the Council’s information. No action can be taken on items under this section unless the Council agrees to include it on a subsequent agenda
17. City Manager's Report
18. City Council Reports
- Councilmember Espindola
- Councilmember Harris
- Councilmember Boomgaarden
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment
CITY OF YUBA CITY
Public Communication
Members of the public may address the City Council on items of interest that are within the City’s jurisdiction. Individuals addressing general comments are encouraged to limit their statements.
Procedure
You are welcome and encouraged to participate in this meeting. Complete a Speaker Card located in the lobby and give to the Clerk, public comment is taken on action items appearing on the Consent Calendar or Business Items on the Agenda when they are called. Public comment on any other items within the scope of the City’s jurisdiction, including items not listed on the Agenda, will be considered at this time.
When a matter is announced, wait to be recognized by the Mayor to provide your comments to the Council. Comments should begin by providing your name and place of residence. A three minute limit is requested when addressing Council.
Request for additional time to address Council
Members of the public submitting written requests at least 24 hours prior to the meeting will be allotted 5 minutes to comment per speaker. Repetitive comments may be limited, and large groups are encouraged to select representatives to express the opinions of the group.
Procedure
When requesting to comment, please indicate your name and the topic and mail to:
City of Yuba City
Attn: City Clerk
1201 Civic Center Blvd
Yuba City CA 95993
Or email to:
Jackie Sillman, City Clerk
[email protected]
Agenda Item 2
CITY OF YUBA CITY
STAFF REPORT
Date: July 19, 2022
To: Honorable Mayor & Members of the City Council
From: Administration Department
Presentation By: Ciara Wakefield, City Clerk Administrator Summary
Subject: Minutes from July 5, 2022 meeting
Recommendation: Approve mintues from July 5, 2022 meeting Fiscal Impact: None
Attachments:
1. 07-05-2022 - Regular Meeting Minutes (DRAFT)
Prepared By: Submitted By:
Judy Sanchez
Executive Assistant
Diana Langley
City Manager
ATTACHMENT 1
MINUTES (draft)
CITY COUNCIL – CITY OF YUBA CITY
REGULAR MEETING – JULY 5, 2022
6:00 P.M. REGULAR MEETING: COUNCIL CHAMBERS/VIRTUAL
Regular Meeting
The Regular Meeting of the City Council was called to order by Mayor Shaw at 6:02 PM Roll Call:
Present: Mayor Shaw, Vice-Mayor Kirchner, and Councilmembers Boomgaarden and Espindola
Absent: Councilmember Harris
Invocation/Inspiration
Pastor Jim Anderson, retired - Cornerstone Church Yuba City Pledge of Allegiance to the Flag
Doug Libby, Deputy Director of Development Services
Agenda Modifications/Approval of Agenda
Consent items 13 & 14 (Lighting and Landscape Maintenance Districts) were voted on separately
Staff has provided revised attachments for items Consent items 9 & 11 (First Level Managers Agreement & Mid-Managers Agreement/Salary Schedule). The website was updated hard copies have been made available in the lobby.
Ceremonial Presentations
1. Beale AFB Commander, Colonel Church Introduction and Proclamation Colonel Church, Commander of Beale AFB, received the proclamation
2. Sexual Assault Awareness Month
Melissa Sanchez, Counselor/Advocate from Casa de Esperanza, received the proclamation
3. July is Parks and Recreation Month
Brad McIntire, Community Services Director and the City’s Parks & Recreation staff received the proclamation
Public Communication
4. Appearance of Interested Citizens
The following spoke:
Piara Johl
Raji Tumber
Sukhraj Pamma
Balbin Sohal
Jim Whiteaker
Consent Calendar
No public comments received for Consent Calendar items 5-14 Councilmember Espindola moved to approve items 5-12 including updated attachments/salary schedule for Items 9 and 11; Vice Mayor Kirchner seconded the motion.
The motion was passed with a unanimous vote
5. Minutes from the June 21, 2022 meeting
Approve the minutes from the June 21, 2022 meeting
6. National Opioid Settlement Payment Election
Adopt Resolution No. 22-095 authorizing the City Manager to opt out of direct payment per the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds for both the Janssen and Distributor Settlements
7. Traffic Signal Maintenance Contract Award
A. Adopt Resolution No. 22-096 awarding a Service Agreement for traffic signal maintenance to St. Francis Electric, LLC of San Leandro, CA in the amount of $58,400 with the finding that it is in the best interest of the City B. Authorize the Public Works Director to execute up to four, one-year contract extensions to the traffic signal maintenance contract on behalf of the City, with annual cost increases not to exceed the Consumer Price Index for the San Francisco Area, All Urban Wage Earners, published by the United States Department of Labor, Bureau of Labor Statistics for the prior 12-month period
8. Executive Service Contract Terms
A. Adopt Resolution No. 22-097 authorizing the City Manager to amend the Executive Service Employment Agreements
B. Adopt Resolution No. 22-097 authorizing the Finance Director to amend the salary schedule
C. Approve supplemental appropriations as required to the impacted division in the affected funds: General, Water, and Wastewater
D. Authorize the Finance Director to transfer funds from unallocated General Fund 301
in the amount of $112,600
9. First Level Managers Memorandum of Understanding (MOU) Adopt Resolution No. 22-098:
A. Approving a three-year Memorandum of Understanding with the First Level Managers group
B. Authorizing the Finance Director to amend the salary schedule C. Approve supplemental appropriations as required to the impacted division in the affected funds: General, Water, and Wastewater
D. Authorize the Finance Director to transfer funds from unallocated General Fund 301 in the amount of $253,600
10. Public Employees Union, Local 1 Side Letters
A. Adopt Resolution No. 22-099 approving a side letters with the Public Employees Union, Local 1
B. Approve supplemental appropriations as required to the impacted divisions in the five funds: General, Water, Wastewater, SASA, and Vehicle Maintenance C. Authorize the Finance Director to transfer funds from unallocated General Fund 301 in the amount of $311,100
11. Mid Managers Memorandum of Understanding (MOU)
The Resolution was attached to the staff report and all documents were in support of the resolution. Resolution No. 22-100
A. Approving a three year Memorandum of Understanding with the Mid Managers group
B. Approving unrepresented Confidentials’ salary increases C. Authorizing the Finance Director to amend the salary schedule D. Approve supplemental appropriations as required to the impacted division in the affected funds: General, Water, and Wastewater
E. Authorize the Finance Director to transfer funds from unallocated General Fund 301 in the amount of $428,200
12. Residential Street Light Maintenance District Annual Levy Initiation Adopt Resolution No. 22-101 describing improvements and ordering the Engineer of Work to file a report with regard to Yuba City Residential Street Light Maintenance Districts, to continue the Residential Street Light Maintenance Districts, pursuant to the Benefits Assessment Act of 1982
Motion was approved with four votes; Councilmember Harris was absent
13. Lighting and Landscape Maintenance District No. 1 FY 2022-23 Annual Levy Initiation
Mayor Boomgaarden recused himself
Vice Mayor Kirchner moved and Councilmember Espindola seconded the motion to:
Adopt Resolution No. 22-102 describing improvements and ordering the Engineer of Work to file a report with regard to Yuba City Landscape Maintenance District No. 1, to continue the Maintenance District, pursuant to the Landscaping and Lighting Act of 1972
The motion was passed with 3 votes; Councilmember Harris was absent
14. Lighting and Landscape Maintenance District Nos. 2-6 FY 2022-23 Annual Levy Initiation
Mayor Shaw recused himself
Councilmember Espindola moved and Vice Mayor Kirchner seconded the motion to:
Adopt Resolution No. 22-103 describing improvements and ordering the Engineer of Work to file reports with regard to Yuba City Lighting and Landscape Maintenance District Nos. 2, 3, 4, 5, and 6, to continue the Maintenance Districts, pursuant to the Landscaping and Lighting Act of 1972 The motion was passed with 3 votes; Councilmember Harris was absent Business Items
15. Second Groundwater Well – Award for Construction of Below Ground Facilities No public comments received
Councilmember Espindola moved and Vice Mayor Kirchner seconded the motion to:
Adopt Resolution No. 22-104 which takes the following actions:
A. Award a construction contract to Nor-Cal Pump and Well Drilling, Inc. of Yuba City, CA in the amount of their total bid of $929,159 and authorize the City Manager to execute the contract on behalf of the City, subject to review and approval as to legal form by the City Attorney
B. Adopt the Initial Study/Mitigated Negative Declaration for the Second Groundwater Well Project
The motion was passed with a unanimous vote
Future Agenda Items
16. Future Agenda Items
No suggestions
Reports and Communications
17. City Manager's Report
18. City Council Reports
- Councilmember Espindola
- Councilmember Harris
- Councilmember Boomgaarden
- Vice Mayor Kirchner
- Mayor Shaw
Adjournment
The meeting was adjourned in memory of:
Hiro Yamada, long time City employee
Cotton Rosser, local rodeo legend and King of the Cowboys Mayor Shaw adjourned the Regular Meeting of the City Council at 7:26 PM ____________________________
Dave Shaw, Mayor
ATTEST:
_________________________________
Ciara Wakefield, Deputy City Clerk
/js
Agenda Item 3
CITY OF YUBA CITY
STAFF REPORT
Date: July 19, 2022
To: Honorable Mayor & Members of the City Council
From: Community Services Department
Presentation By: Rob Condrey, Parks and Grounds Superintendent Summary
Subject: Purchase of an AP 300 Sprayground for Gauche Aquatic Park (GAP) Recommendation: Adopt a Resolution adopting a CEQA Class 1 Categorical Exemption; and approving the sole-source purchase of lifefloor tiles and the manufacturing of an AP 300 Sprayground to WhiteWater West Industries Ltd. of Richmond, British Columbia in the amount of $326,333, with the finding that it is in the best interest of the City; and authorizing the City Manager to execute an agreement with WhiteWater West Industries Ltd. of Richmond, British Columbia Fiscal Impact: Total - $326,333
Account No. 901284 (Zero-Depth Entry Water Feature Project) - $305,952 Account No. 901127 (Capital Replacement Project - GAP) - $20,381 Purpose:
To remove and replace the existing failing water feature in the zero-depth entry pool, ensuring a safe, fun, and fully-functional aquatic facility for the community.
Council's Strategic Goal:
The replacement of the sprayground at Gauche Aquatic Park addresses the City Council's Strategic Goal of Infrastructure and Quality of Life. Replacement of the exhausted sprayground will maintain the park's usability and reduce the need for staff maintenance.
Background:
The WhiteWater AP 300 Sprayground is located in the zero-depth entry pool at Gauche Aquatic Park.
It is the original equipment and was installed in 2007. The sprayground will come to the end of its serviceable life span at the end of the 2022 season due to corrosion from chlorine in the pool water.
Corrosion has affected most of the structure’s footings and hand railing.
Analysis:
Staff reviewed multiple options for the replacement of the existing structure, including providing new
models and replacing the existing model with the exact model which is currently in use. After review, it was determined that the most cost and time-efficient option would be performing a sole-source purchase of the exact same model and self-performing the demolition and installation.
Purchasing the same model that is already in use will ensure that no plumbing or foundation modifications will be necessary. Further, staff self-performing the construction will negate any costs that would be experienced through the use of a contractor.
Fiscal Impact:
The purchase will be funded through CIP Account Number 1284 (Zero-Depth Entry Water Feature Project) and CIP Account Number 1127 (Capital Replacement Project - GAP). The funds in CIP Account 1284 include $177,952 that the City of Yuba City received through the 2018 Parks Bond Act Per Capita Grant Program, and $128,000 that City Council approved in the CIP Budget. Based on the quote from Whitewater West Industries, Ltd. of Richmond, British Columbia (see Exhibit A, Attachment 1), the cost of the new structure is $326,333. Additional costs will be incurred through staff time for the removal and replacement of the structure.
Environmental Determination:
Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301, as the removal and replacement of the existing sprayground within city facilities is defined as a minor altercation, involving negligible or no expansion. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines 15300.2 apply to this project.
Alternatives:
1. Direct staff to conduct a formal bid process, which will cause project delays and increased costs.
2. Do not approve the purchase from WhiteWater West Industries Ltd. and close down that component of the pool for the 2023 season.
Recommendation:
Adopt a Resolution adopting a CEQA Class 1 Categorical Exemption; and approving the sole-source purchase of lifefloor tiles and the manufacturing of an AP 300 Sprayground to WhiteWater West Industries Ltd. of Richmond, British Columbia in the amount of $326,333, with the finding that it is in the best interest of the City; and authorizing the City Manager to execute an agreement with WhiteWater West Industries Ltd. of Richmond, British Columbia
Attachments:
1. Resolution
2. Current Sprayground
3. Proposed New Sprayground
Prepared By: Submitted By:
Maddy Laffond
Community Services Administrative Assistant
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _____________________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY ADOPTING A CEQA CLASS 1 CATEGORICAL EXEMPTION; AND APPROVING THE SOLESOURCE PURCHASE OF LIFEFLOOR TILES AND THE MANUFACTURING OF AN AP 300 SPRAYGROUND TO WHITEWATER WEST INDUSTRIES LTD. OF RICHMOND, BRITISH COLUMBIA IN THE AMOUNT OF $326,333, WITH THE FINDING THAT IS IN THE BEST INTEREST OF THE CITY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WHITEWATER WEST INDUSTRIES, LTD. OF BRITISH COLUMBIA
WHEREAS, the City may sole source the purchase of this equipment in accordance with Purchasing Policy Section 8-8.4.2, as it is equipment with unique performance specifications integral to existing infrastructure, staff has significant training and experience with the equipment, and it is solely available from the manufacturer; and WHEREAS, the current Sprayground is 15 years old and has exhausted its life expectancy; and
WHEREAS, the City desires to approve the sole-source purchase of lifeloor tiles and the manufacturing of an AP 300 sprayground to WhiteWater West Industries Ltd. of Richmond, British Columbia and lifefloor tiles in the amount of $326,333.
NOW, THEREFORE, the City Council of the City of Yuba City resolves as follows:
Section 1. The City Council finds that the recitals are true and correct, and are incorporated herein as if set forth in full.
Section 2. The City Council finds and determines that this project falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301 as the removal and replacement of the existing sprayground within city facilities is defined as a minor altercation, involving negligible or no expansion. Further, none of the exceptions to Categorical Exemptions set forth in CEQA Guidelines 15300.2 apply to this project.
Section 3. The City Council of Yuba City awards the purchase of lifefloor tiles and the manufacturing of one AP 300 sprayground to WhiteWater West Industries Ltd. of Richmond, British Columbia in the amount of $326,333, with the finding that it is in the best interest of the City. The City Manager is authorized to execute any agreement or other document required for the purchase subject to approval as to legal form by the City Attorney.
Section 4. The Resolution shall take effective immediately.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 19th day of July 2022.
AYES:
NOES:
ABSENT:
_____________________________
Dave Shaw, Mayor
ATTEST:
________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM:
________________________
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Attachment(s):
A. Exhibit A – Agreement (Quote attached)
EXHIBIT A
City of Yuba City
1201 Civic Center Blvd. Yuba City, CA 95993
STANDARD AGREEMENT
THIS AGREEMENT, made and entered into this ___ day of July 2022 in the State of California, County of Sutter, City of Yuba City, by and between the City of Yuba City, hereafter referred to as the City, and WhiteWater West Industries Ltd., hereafter referred to as the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements and stipulations of the City hereinafter expressed, does hereby agree to furnish to the City services and materials, as follows:
See Exhibit B - WhiteWater West Industries Ltd. Quote Ref No. 44407-6 The provisions on the reverse side hereof constitute a part of this agreement.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
CITY OF YUBA CITY WhiteWater West Industries Ltd.
A MUNICIPAL CORPORATION
Diana Langley By:
City Manager
Title:
Print:
License No.:
Address: 180-6651 Fraserwood Pl
Richmond, BC V6W 1J3
Attachments: Exhibit A – Terms and Conditions
Exhibit B – WhiteWater West Industries Ltd. Quote Ref No. 44407-6 Exhibit C – Insurance Requirements
City of Yuba City
1201 Civic Center Blvd. Yuba City, CA 95993
EXHIBIT A
TERMS AND CONDITIONS
1. The contractor detailed on the front side of this order will hereinafter be referred to as Contractor. The City of Yuba City will hereinafter be referred to as The City.
2. The contractor shall indemnify, defend and save harmless the City, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialpeople, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract.
3. The Contractor, and the agents and employees of Contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the City.
4. The City may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the City may proceed with the work in any manner deemed proper by the City. The cost to the City shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand.
5. Without the written consent of the City, this agreement is not assignable by Contractor either in whole or in part.
6. Time is of the essence in this agreement.
7. No alteration or variation of the terms or specification of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
8. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
9. All equipment, supplies and services sold to the City shall conform to the general safety orders of the State of California.
10. The City reserves the right to withhold payment until orders completed and/or accepted by the City.
11. Sections 1771 through 1775 of the Labor Code are hereby made part of this agreement as if written in its entirety herein.
12. The Contractor and any subcontractor must be registered with the State of California Department of Industrial Relations in accordance with SB 854 and shall remain in good standing throughout the duration of the agreement. No contractor or subcontractor may be listed on a bid proposal or awarded a contract for any public works project unless registered with the Department of Industrial Relations, pursuant to Labor Code Section 1725.5. The City reserves the right to terminate this agreement or to replace the unregistered contractor for failure to maintain registered status. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Please provide registration number to ensure compliance ________________________.
City of Yuba City
1201 Civic Center Blvd. Yuba City, CA 95993
EXHIBIT B
[Type here]
This document contains a formal quotation valid for 45 days from the date issued. When signed by both parties this quotation forms a legally binding contract that guarantees the success of your project by utilizing only the best design and products available.
Gauche Park Aquatic - AP
Replacement
City of Yuba City
Yuba City, CA, USA
44407-6
July 11, 2022
Parties............................................................................................................................................................................1 Specific Terms and Conditions...................................................................................................................................2
1. Abbreviated Scope of Work..........................................................................................................................2
2. Delivery, Transfer of Risk and Ownership of the Equipment .......................................................................3
3. Purchase Price ................................................................................................................................................4
4. Payment Terms................................................................................................................................................4
5. Estimated Schedule of Delivery and Completion.......................................................................................5 General Terms and Conditions...................................................................................................................................6 Execution and Acceptance.....................................................................................................................................12 Appendix 1 Detailed Design & Engineering Services - Specifications..................................................................13 Appendix 2 Equipment Supply Services - Specifications.......................................................................................16 Appendix 3 On-Site Services - Specifications..........................................................................................................23 Appendix 4 Indicative Preliminary Design included ..............................................................................................25 Appendix 5 Preliminary Schedule ............................................................................................................................29 Appendix 6 Purchase Price Breakdown..................................................................................................................31 Appendix 7 Insurance ...............................................................................................................................................32
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 1 Parties
This contract is made on the latest date of signing by both parties, between:
The seller, WhiteWater West Industries Ltd. (WhiteWater) With registered office at:
180-6651 FRASERWOOD PL
RICHMOND BC V6W 1J3
Tel: +1.604.273.1068 • Fax: +1.604.273.4518
A British Columbia corporation with incorporation number BC1238701 and a resident of Canada for income tax purpose with registration number 10567 3271 RC0002.
Formal notices to be addressed to the attention of:
Luc Benac, Commercial Manager ([email protected]) AND
The purchaser, (Purchaser)
With registered office at:
A corporation with incorporation number
and
a resident of for income tax purpose with registration number .
Formal notices to be addressed to the attention of:
, ( @ )
Site Address at:
END OF SECTION
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 2 Specific Terms and Conditions
1. Abbreviated Scope of Work
Included in the scope of this proposal or contract are the following Products and Services:
PRODUCTS As per drawing
AquaPlay AP-300TB (in Primary Colours with client’s logo on tipping bucket) 44407 SK-4;
AP Theming
V1 – Feb 3, 2022
Optional: Life Floor on AP unit n/a
Optional: Life Floor under AP unit 44407 SK-6B
ON-SITE SERVICES Number of man-days Notes
Installation of Life Floor Not Specified Prevailing Wages 1 ☐ Installation of AquaPlay n/a Excluded.
Installation Advisory 10 based on a seven day workweek1 Ride Commissioning Included based on a seven day workweek1 For further information please refer to Appendices for Specifications.
Notes:
1 Duration and price are based on a seven-day workweek and assume continuous working conditions without major interruption. In case compliance with local labor laws or safety procedures on site - whichever is the more stringent – prevents a seven-day workweek, in consultation with Purchaser, schedule and price will be adjusted to reflect such compliance.
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 3 2. Delivery, Transfer of Risk and Ownership of the Equipment Delivery of the equipment; transfer of risk, transfer of ownership and responsibility of WhiteWater and Purchaser strictly follow Incoterms (2020) or as might be specified, amended or clarified below:
DDP - Delivered Duty Paid (Place of Destination) as strictly defined under Incoterms (2020) • Delivery, transfer of risk and ownership take place when the equipment is placed at the disposal of the Purchaser ready for unloading from the mean of transportation at the named place of destination.
• Purchased is responsible for unloading the equipment on site except that when WhiteWater is responsible for the installation of the equipment, WhiteWater will unload the equipment as part of keeping the chain of custody.
• WhiteWater is responsible for export and import clearance as a non-resident Importer Of Record, but Purchaser must provide to WhiteWater is Employer Identification Number registered with US Customs and Border Protection (WhiteWater can help if such filing is required for Purchaser) • WhiteWater is responsible for insurance against the risk of loss or damage during the carriage which insurance will be to the benefit of WhiteWater and not endorsed to Purchaser Named Place of Destination is: Yuba City, CA, USA
Detention
Purchaser agrees that it is responsible to pay or reimburse WhiteWater for any detention as a result of Purchaser delaying unloading and return of empty containers.
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 4 3. Purchase Price
Subject to the terms of this Contract, the Purchaser hereby orders and purchases from the supplier, and the Supplier agrees to sell and provide to the Purchaser, the Equipment and Services for the Purchase Price, exclusive of all taxes.
$305,713 USD
A breakdown of which is attached in the Appendix 6 Purchase Price Breakdown.
Sales Tax
The Purchase Price is exclusive of any sales tax (if allowed by State Law).
When applicable the following sale / use taxes are in addition to the Purchase Price amount:
$20,620 USD
4. Payment Terms
As a condition of the performance of WhiteWater, Purchaser agrees to pay the Purchase Price as follows:
DEPOSIT PAYMENT 30% = $97,900
SHIPMENT PAYMENT
Prior to and as a condition of loading the Equipment
for shipping.
60% = $195,800
FINAL PAYMENT
Upon issuance of Certificate of Commissioning (as per General Terms and Conditions - Completion)
10% = $32,633
TOTAL $326,333
Banking information to be presented under separate cover after execution of the contract.
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 5 5. Estimated Schedule of Delivery and Completion
Based on a contract fully executed by both parties on date to be determined, the targeted date for commissioning of the equipment is to be determined.
P u rc ha s e r’ s i ni t i al ___________
1. Engineering
All the following deliverables need to be received within 5 business days (or as indicated on the schedule annexed) or schedule will be delayed:
• Executed Contract
• Deposit Payment
• Critical Startup Information as detailed in Appendix “Critical Startup Information” required to start performance of the work
To maintain the project schedule, the Purchaser agrees to provide all necessary approvals for design, theming and equipment colors in a timely manner.
2. Manufacturing
To start upon completion of Engineering and upon receipt of the following items from the Purchaser (where applicable):
• Milestone payment or issuance of the letter of credit • Signed authorization to proceed from the Purchaser
• 3rd party design acceptance
3. Shipping
Loading of the equipment to start upon receipt of milestone payment, unless secured by a letter of credit.
4. Installation Advisory Services or Installation of Equipment (if applicable) To start upon notification of site readiness and accessibility to our employees. ~
Any delay to contract initiation (i.e. contract execution and deposit payment) or any changes to milestone dates by Purchaser will cause corresponding delays to the delivery schedule. In addition, significant changes might also affect the duration of the various tasks. For further information please refer to the preliminary schedule included in Appendix Preliminary Schedule.
END OF SECTION
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 6 General Terms and Conditions
1. Indemnification
a. Upon written request of Purchaser, WhiteWater shall, to the fullest extent permitted by law, indemnify, defend and hold Purchaser (including any parent, subsidiary and/or related entity of Purchaser, as well as their officers, directors, managers, employees, agents and servants) harmless from any claims, demands, causes of action or costs, including attorney fees, which:
• arise out of or are otherwise related to any alleged negligence or other culpable conduct of any of its employee, subcontractor or agent of WhiteWater, in connection with the assembly, construction, installation supervision or erection of WhiteWater’s equipment OR • arise out of or are otherwise related to personal injury or death caused by a defect in the design of, manufacture of, or warnings/instructions accompanying WhiteWater’s equipment.
However, if any information reasonably supports the possibility of Purchaser error in installing, operating, maintaining or servicing the WhiteWater’s equipment or if the WhiteWater’s equipment involved in such claim or lawsuit has been altered by or on behalf of Purchaser, without the express written consent of WhiteWater, then this Defense and Indemnity Contract shall have no force or effect.
b. If such is the case, upon written request of WhiteWater, Purchaser shall, to the fullest extent permitted by law, defend, indemnify and hold WhiteWater (including any parent, subsidiary or related entity of WhiteWater, as well as their officers, directors, managers, employees, agents and servants) harmless from and against any claims, demands, causes of action or costs, including attorney fees, if such claims, demands or causes of action arise out of or are otherwise related to any alleged negligence or other culpable conduct of any employee, subcontractor, general contractor or agent of Purchaser, in connection with the planning, approval, site preparation, assembly, construction, installation or erection of WhiteWater’s equipment. c. If Purchaser, (including any parent, subsidiary and/or related entity of Purchaser, as well as their officers, directors, managers, employees, agents and servants) also operates the equipment, upon written request of WhiteWater, Purchaser/Operator shall, to the fullest extent permitted by law, defend, indemnify and hold WhiteWater (including any parent, subsidiary or related entity of WhiteWater, as well as their officers, directors, managers, employees, agents and servants) harmless from and against any claims, demands, causes of action or costs, including attorney fees, if such claims, demands or causes of action arise out of or are otherwise related to any alleged negligence, culpable conduct, error, or omission of Purchaser, or any third party in contract with or under the direction or control of Purchaser:
i. in connection with the maintenance, repair, service, use or operation of the WhiteWater’s equipment;
ii. in connection with the supervision of users of the WhiteWater’s equipment; iii. any modification of the WhiteWater’s equipment made by or on behalf of Purchaser, except those made in accordance with the express written consent of WhiteWater; iv. any alleged negligence or other culpable conduct of users of the WhiteWater’s equipment;
The Parties expressly recognize and agree that the Party operating the equipment is uniquely situated and is in the best position to insure and otherwise provide for the safety of the users of the WhiteWater equipment, and to ensure that the WhiteWater equipment is properly maintained and properly used by patrons. Therefore, the Parties agree that indemnity obligations provided by the entity operating the equipment) takes precedence over WhiteWater's indemnity obligations to Purchaser or Operator.
d. Notices - Indemnitee shall notify Indemnitor of any claim or lawsuit which Indemnitee will assert Indemnitor might be obligated to defend under this Section within fifteen (15) days of Indemnitee's receipt of notice of said claim or lawsuit. In addition to the forgoing, Indemnitee will use reasonable efforts to notify Indemnitor within fifteen (15) days of obtaining facts which suggest that Indemnitor may be obligated to defend and indemnify the Indemnitee in accordance with this provision.
Failure to provide such notice in the preceding sentence shall not void the indemnity provision unless Indemnitor can prove that Indemnitee's failure to so notify Indemnitor materially impaired Indemnitor' S ability to defend any claim arising from such facts.
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 7 e. Obligation to Report Incidents - WhiteWater and Purchaser/Operator agree and recognize that timely investigation and analysis of any mishap, accident, injury, death, claim or demand is vital to the maintenance, improvement, and safe use of the WhiteWater’s equipment. Purchaser/Operator shall report any mishap, accident or incident involving any bodily injury, damage or death, or injury to or destruction of tangible property, to WhiteWater within five (5) days of the reported incident, regardless of whether any claim or demand for damages is made.
2. Insurance
a. Installation Project Period: Insurance
i. Without in any respect limiting WhiteWater’s obligations under the Defense, Indemnity and Hold Harmless provisions, WhiteWater, at its sole cost and expense, must provide Commercial General Liability Insurance including coverage for Bodily Injury, Property Damage, Personal Injury Liability, Completed Operations, Products Liability and non-owned Auto, with policy limits of liability up to $10,000,000 per occurrence and in the aggregate. The insurance shall include coverage for contractual indemnity for bodily injury or death or to injury or destruction of tangible property including the loss of use resulting therefrom. Project specific limits are not provided.
Such insurance shall name as Additional Insureds the parties indemnified in the Defense, Indemnity and Hold Harmless provisions and under the limited time frame of the Installation Project Period. Such insurance shall provide that it is primary insurance coverage over insurance where Purchaser is a named insured, and shall not be reduced by, nor contribute nor prorate with any other insurance available to Purchaser where Purchaser is a named insured; and shall contain a Waiver of Subrogation Clause. Additional Insureds are all entities where required by written contract with the insured and to whom a certificate of insurance has been issued and for the term specified by written contract.
Such policy shall provide thirty (30) days prior written notice to the additional insureds before termination of such policy before the end of the Installation Project Period. The additional insured status terminates at the end of the Installation Project Period regardless of whether notice is provided, or not. Such insurance shall be evidenced by certificates of insurance and a copy of relevant endorsement as might apply shall be submitted with the Certificate. ii. WhiteWater, at its sole cost and expense, must provide Employer’s Liability and Worker’s Compensation coverage of $1,000,000 (USA coverage will be based on statutory limits for all states excluding monopolistic states) and shall ensure that any contractor or subcontractor hired by WhiteWater to provide services under WhiteWater’s obligations per this Contract maintains the same.
b. Post Installation Period: Insurance
i. Without in any respect limiting the parties’ obligations under the Defense, Indemnity and Hold Harmless provisions above, the parties agree, at their sole cost and expense, to maintain Commercial General Liability Insurance including coverage for Bodily Injury, Property Damage, Personal Injury Liability, Completed Operations, and Products Liability, with policy limits of liability of no less than $5,000,000 per occurrence and in the aggregate. The insurance shall include coverage for contractual indemnity for bodily injury or death or to injury or destruction of tangible property including the loss of use resulting therefrom.
3. Transfer of Risk and Title
Transfer of Risk takes place upon delivery based on Incoterms (2020) as selected under Specific Terms and Conditions - Delivery, Transfer of Risk and Ownership of the Equipment. Transfer of Title mirrors the transfer of risk.
4. Delays or Suspension by Purchaser
a. Purchaser acknowledges that WhiteWater has exclusively set aside production capacity for the purpose of manufacturing goods according to the agreed Project Schedule and that any delays by Purchaser in taking delivery would create irreparable harm. If the project is delayed as a result of Purchaser not meeting schedule milestones, then the project schedule will be adjusted accordingly.
When Purchaser, its Agents or its affiliates, Owner (as might apply), as well as their partners, directors, officers is the sole cause of the delay and delay is not caused by an event of Force Majeure, WhiteWater shall be entitled to liquidated damages in the sum at the daily rate of $1,000.00, beginning fourteen (14) days from written notice given by WhiteWater, up to a maximum liquidated damage aggregate of Five Percent (5%) of the contract price of the equipment delayed.
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 8 b. While WhiteWater is on site, if the project is delayed as a result of the actions of Purchaser, its Agents or its affiliates, Owner (as might apply), as well as their partners, directors, officers then the project schedule shall be adjusted accordingly, and WhiteWater shall be entitled to an equitable adjustment of the Purchase Price. The project schedule and the Purchase Price shall be adjusted for the increase in the cost and time caused by the delay, interruption or suspension including overhead and profit. Costs to be reimbursed shall include costs related to demobilization and mobilization of equipment, crew and/or supervisory personnel but not exclusively such. No adjustment shall be made when performance would have been suspended, delayed or interrupted by another cause for which WhiteWater is responsible
c. Separate and apart from the costs set forth above, should WhiteWater be required to store work in progress and/or finished goods for a period of more than fourteen (14) days, WhiteWater shall be entitled reimbursement for the actual cost of such storage plus a ten percent (10%) administration fee.
d. It is understood by both parties that delay by Purchaser in making payments when due will result in delay in completion of subsequent milestones by WhiteWater and can increase duration of the work.
5. Delays by WhiteWater
a. If the project is delayed as a result of WhiteWater not meeting schedule milestones, then the project schedule will be adjusted accordingly.
b. When WhiteWater is the sole cause of the delay to the Commissioning and Substantial Completion and delay is not caused by an event of Force Majeure or by the Purchaser’s failure to make payments in accordance with the Contract or to provide required information to WhiteWater when contemplated in the Contract, Purchaser shall be entitled to liquidated damages in the sum at the daily rate of $1,000.00, beginning fourteen (14) days from written notice given by Purchaser, up to a maximum liquidated damage aggregate of Five Percent (5%) of the contract price of the equipment delayed.
6. Impossibility/Impracticability.
When a party is excused of his or her responsibilities because performance has been made excessively burdensome— impracticable—by a supervening event that was not caused by the party seeking to be excused and that is inconsistent with the basic assumption of the parties at the time the contract was made, all deadlines and dates shall be adjusted and extended, and WhiteWater shall not be liable whatsoever for any delays in delivery or any failure to deliver the goods. WhiteWater shall have such additional time to ship and/or deliver the goods as may be reasonable or appropriate under all circumstances.
7. Waiver of Consequential Damages
In no event shall one party be liable to the other or any other entity for loss of use, loss of profits of for any consequential, incidental, indirect, extra-contractual or special damages of any type which might be suffered by the other party, regardless whether the party has been advised of their applicability.
8. Termination
a. The Purchaser acknowledges that once an order is placed with WhiteWater, considerable expense is incurred by WhiteWater to provide the Design Services, and manufacturing the equipment and accordingly, this Contract may not be terminated by the Purchaser unless following sub-clauses (b) and (c) below:
b. Termination for Cause. If WhiteWater materially defaults in carrying out its duties under this Contract, the Purchaser will give WhiteWater notice of the default in which case WhiteWater will have ten (10) days to remedy the default or propose a satisfactory remedy to cure the default and Purchaser shall not unreasonably refuse such remedy. If WhiteWater is unable to make such remedy, the Purchaser may elect to terminate the Contract.
c. Termination for Convenience. The Purchaser can terminate this Contract, without cause. If the Contract is terminated before performance is completed, WhiteWater will be paid only for the prorate of the Contract Price corresponding to work satisfactorily performed and work in progress, cost incurred or that cannot be avoided including orders that cannot be cancelled or returned at the time of the termination and for which costs can be substantiated. In addition, a cancellation fee equivalent to 20% of the value of the amount above is also payable but in no circumstances will the aggregate amount paid exceed the total Purchase Price. All work in progress will become the
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 9 property of the Customer and will be turned over promptly by WhiteWater and put at the disposal of Purchaser at its current location.
d. Termination for Payment Default. If the Purchaser should fail or wrongfully refuse to approve or refuse to make payment in accordance with this Contract, then WhiteWater may elect to terminate the contract, by notice in writing. WhiteWater shall be entitled to collect from Purchaser, payment for all completed contracted work and to recover all direct costs prorated from contract amounts, incurred up to the time of termination. If Purchaser cures its nonpayment within fifteen (15) days, then WhiteWater’s notice of termination will be rendered ineffective
9. Completion
a. Following installation and testing of the equipment, WhiteWater will provide Purchaser with a Certificate of Commissioning and Substantial Completion, along with a deficiency list of unfinished items, if any, to illustrate the Substantial Completion of the Work. Substantial Completion is defined as the date in which the Work is ready to be used, or is being used, for the purposes for which it was intended.
b. Both parties in writing shall agree upon the value of each item on the deficiency list. In the case WhiteWater is responsible for Installation of the Equipment or there is any material has not yet been delivered, the allowable dollar amount to be retained by the Purchaser after the date of Commissioning is the total agreed upon value of the deficiencies or parts multiplied by two. c. Total Completion is achieved when WhiteWater completes the items on the deficiency list which are part of WhiteWater’s scope of work. At such time WhiteWater shall issue a Certificate of Total Completion to be executed by Purchaser as proof of their acceptance and full completion of the Work.
10. Correction Period and Express Limited Warranties
a. Correction Period. For a period of twelve (12) months from the date of Commissioning, WhiteWater shall repair or replace at its sole option, parts, or portion of the equipment subject to any defect in material, workmanship, or design outcome; provided the Equipment has been paid in full, installed according to and in full compliance with engineering drawings and used in accordance with the Operation and Maintenance Manuals. The operator is required to report in writing any alleged defect within ten (10) days of its appearance, or the correction might be at the sole cost of the operator or the operator might become responsible for the additional cost of repair resulting for letting the issue unreported and unresolved for a longer period. Act of God, damages from extreme weather, intentional physical damages and damages from impacts are not covered and all other warranties expressed or implied are rejected unless noted herein. In no case shall WhiteWater be liable for any consequential damages.
b. Express Limited Warranties. Correction Period covers peeling, cracking, blistering, and or delamination, under conditions of normal use, which are the result of improper surface preparation or manufacturing by WhiteWater. The following warranties are offered in regard of fiberglass reinforced panels.
• Replacement or repair for parts installed according to engineering drawings that have structurally failed within three (3) years of installation, unless such failure is at a result of installation crews constraining straight sections (when not installed by WhiteWater) or when site preparation and/or foundations did not comply with WhiteWater’s engineering drawings).
• Resurfacing or repair for parts that are subject to any severe latent defect in clearcoat and/or gelcoat within three (3) years of installation, unless the operator cannot provide reasonable records showing that operation and maintenance have been performed in compliance with the Operations and Maintenance Manual.
These warranties are subject to guidance, limitations and requirements outlined in the relevant sections of the Operations & Maintenance Manual.
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 10 11. Change Orders
a. Without affecting the validity of any of the terms of this Contract, the parties reserve the right to make reasonable changes to the scope of work, provided that and only when such changes are affected through a written change order executed by both parties. Once a party formally send a request for a change order, the other party will endeavor to review and confirm feasibility, schedule adjustment and impact on price of the proposed change within five (5) business days of the receipt of all the required information. If the reviewing party fails to respond, the change order will be considered to be accepted and the requesting party will be entitled to send notice of such on the sixth day.
b. During the initiation stage of the project, WhiteWater and Purchaser will work closely to finalize the details of the design documented in this Contract by incorporating minor changes, if any, necessary to proceed to the detailed engineering as per estimated schedule. c. Once the detailed engineering has begun any proposed change will require an adjustment of schedule and price as per Paragraph 8.a above.
12. Third Party Review Requirements
The Purchaser agrees that unless expressly documented in this contract, there is no requirement for a 3rd party review of design, manufacturing, installation or operation of the WhiteWater supplied equipment. If a 3rd party review including reviews by local, state or federal authorities is required, and not documented in this Contract, WhiteWater will have the opportunity to review the requirements and provide a change order to document the change to the sell price and project schedule as a result of this inclusion.
13. Design Code and Special Design Considerations
The purchaser agrees that the standards referenced in the annexes of this Contract are the only ones applicable to the design of this project. Any other standards, specifications, or similar requirements not identified in the contract will be subject to WhiteWater review and approval and may result in a change order if approved.
14. Standard of Care
WhiteWater shall perform its services in accordance with the standards noted above consistent with the professional skill and care ordinarily provided by designers and engineers practicing in the same or similar jurisdiction under the same or similar circumstances. WhiteWater shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progresses of the work.
15. Safety
WhiteWater’ s employees, agents, representatives, independent contractors or individuals acting under WhiteWater’s direction will at all time abide and follow the Safety Procedures in place on the project site in addition to WhiteWater’s Safety Procedures.
16. Assignment
a. WhiteWater may not assign a portion of this contract to other parties without the written consent of the Purchaser. WhiteWater may use subcontractors in the fulfillment of the contract. b. The Purchaser may not assign the contract without the written consent of WhiteWater.
17. Independent Contractor
WhiteWater shall at all times be an independent contractor in performing its obligations pursuant to this Contract. Nothing contained in this Contract shall in any way be construed to create an employer/employee relationship, agency relationship, partnership or joint venture between the parties.
18. Taxes
Unless otherwise contemplated in the Specific Terms and Conditions, all payments to be made under this Contract shall be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 11 and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority from the country of destination save as required by law. If the Purchaser is compelled to make any such deduction, it will make additional payments to ensure that the WhiteWater receives the full amount before such deductions.
19. Jurisdiction
This Contract shall be construed in accordance with, and will be subject to, the laws of the jurisdiction in which the project is located unless stated otherwise.
20. Language
All official WhiteWater’s communications, contractual documents and project documentation will be issued in English which will be considered the language of the contract. Any translation/interpretation of project documentation will be the sole responsibility of the Purchaser, unless otherwise stated in this Contract.
21. Electronic Delivery
This Contract may be executed and delivered in one or more counterparts and by facsimile, electronic means or otherwise, each of which when executed and delivered will be deemed an original, and all of which will constitute one and the same document. Facsimile signatures shall be deemed to be original signatures.
22. Project Images
Purchaser shall grant WhiteWater the right to use video, picture or other representation of the equipment and its surrounding in the possession of Purchaser and Purchaser agrees to provide such from time to time upon reasonable request by WhiteWater. WhiteWater may also acknowledge Purchaser in any promotional material utilizing video, picture or print material that depicts the Attraction, including limited use of Purchaser’s trademarks, trade name and trade dress or Purchaser’s guests’ likeness.
END OF SECTION
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 12 Execution and Acceptance
This contract is made on the latest date of signing by both parties. By execution of this document, the SELLER and the PURCHASER have reviewed and agree to all terms and conditions, including Appendices referenced and attached that are made part of this contract. The parties acknowledge that these documents unless otherwise expressed herein represents the full extent of the agreement.
SELLER: WHITEWATER WEST INDUSTRIES LTD.
SIGNATURE
NAME
TITLE
DATE
PURCHASER:
SIGNATURE
NAME
TITLE
DATE
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 13 Appendix 1 Detailed Design & Engineering Services - Specifications Design (Engineering) Services Seller Purchaser Reference Product Configuration ◼ SPEC-DS
Above grade start towers ◼ SPEC-DS
Local Engineering Overseal ◼ SPEC-DS
Site Specific Information ◼ PRD
Permits ◼ PRD
Detail design of electrical, pools and/or pool mechanicals ◼
SPEC-DS
Specification – Design Services
In consultation with the Purchaser, design consultants and general contractors as required, WhiteWater agrees to provide digital copies of engineering drawings as follows1:
1. Product Configuration
1.1 Waterslides & Wet Interactive Play (AquaPlay)
1.1.1 Slide path design showing fiberglass waterslide parts, x, y, and z coordinates, and grades.
1.1.2 Structural support system for fiberglass waterslide (columns, arms & yokes).
1.1.3 Emergency egress towers, platforms and stairways, including detailed framing and connections (when applicable).
1.1.4 Start Towers, platforms and stairways, including detailed framing and connections (if applicable).
1.1.5 Foundation design2 for slide supports, towers and play structures.
1.1.6 High level mechanical schematics for slide water supply system, inclusive of specification of pumps, pipe dimensions, valves, filters, flow meters, nozzles, etc.
1.1.7 Design of concrete shutdown lane slabs (when applicable).
1.1.8 Basic design of pool geometry, inclusive of minimum required shape and depths (when applicable).
1.1.9 Electrical schematics for all in-ride electrical power and control systems (when applicable).
1.1.10 All PLC programming for the ride safety systems (when applicable).
1.1.11 Assembly drawings for fiberglass waterslide, steel supports and towers (if applicable).
1.1.12 Layout plans showing all critical dimensional requirements for the pool or slab. (Interactive Play structures only)
1WhiteWater will provide a subset of the documents listed to support Purchaser’s submissions for permits and licenses required by the local jurisdiction. Documents will be provided in advance if required by schedule.
2WWI engineering scope for foundation design is limited to subsurface soil conditions that can satisfactorily allow the use of conventional concrete footings. Supporting grades DS
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 14 and site preparation shall be capable of providing an allowable bearing pressure of at least 1500 psf (75kPa). Should local subsurface condition require deep foundations (e.g. piling, caissons), the foundations shall be designed by an engineer engaged by the Purchaser to the forces provided by WWI Engineering and the parameters presented in the geotechnical report.
2. Overseal
2.1 To hire a professional engineer licensed in the jurisdiction of the project to review the drawing and calculation package and provide overseal.
Purchaser Requirements – Design & Engineering (PRD)
The Purchaser hereby commits to provide WhiteWater the following information or approvals in English language, and is responsible for the accuracy of the information provided:
Plans and Survey
General
The Purchaser agrees to provide plans and survey information sufficient to perform detailed design for the equipment supply included in this contract. The Purchaser warrants that the site survey plans provided to WhiteWater are accurate in all material respects. The site survey plans will be provided in CAD format. 3D CAD is required for retrofit, expansion or indoor projects, 2D CAD is sufficient for outdoor projects with no existing infrastructure. The following details are required:
Defined elevations
1. Site coordinate system, including global origin point
2. Site boundaries and limiting envelopes
3. Existing or planned utilities and easements that need to be considered during the design phase
4. Locations (orientation and elevation) of any existing structure(s) that will be used to support WhiteWater equipment.
For all indoor projects, the following additional information is required:
1. Building plans with elevations and cross sections in 3D CAD and PDF
2. Architectural, structural and HVAC drawings in plan, elevations and cross sections views at WhiteWater product interfaces
3. Foundation and roof design in area(s) where WhiteWater attractions are located For all projects that include Waterslide products in WhiteWater’s scope of supply, the following additional information is required:
1. Final pool plan (where applicable)
a. Deck plan and elevations
b. Water levels
c. Pool wall cross sections at WhiteWater product interfaces
2. Design check of structures designed by others, such as buildings or roof trusses, that are used to support any WhiteWater equipment.
3. When WhiteWater is replacing fiberglass on an existing waterslide structure, WhiteWater requires that design information be provided so a design check can be performed.
For all projects that include AquaPlay products in WhiteWater’s scope of supply, the following additional information is required:
1. Pool layout including contours, cross section and flat area under the WhiteWater supplied equipment
PRD
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 15 Geotechnical & Climatic
The Purchaser is responsible to provide
1. Soils testing and a geotechnical report for the purpose of foundation design.
2. All climatic information necessary to perform detailed design for the equipment supply included in this contract. This includes seismic, wind and snow loading information.
Building Permits and Licenses
1. All submissions to secure building permits and licenses are the responsibility of the Purchaser.
2. The Purchaser shall obtain all building permits and licenses to allow WhiteWater to complete its obligations, including, without limitation, any obligation to install the equipment.
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 16 Appendix 2 Equipment Supply Services - Specifications Equipment Supply—AquaPlay™ Seller Client Reference
Fiberglass waterslides ◼ AP
AquaPlay™ structure ◼ AP
Life Floor with Installation ◼ LF
Safety signage ◼
Foundation embed items—anchor bolts ◼
Foundation embed items—reinforcing steel ◼
Pool Mechanical—pumps, valves, piping, filters, fittings etc. ◼ Slide mechanical—pumps, valves, piping, fittings etc. ◼ Electrical ◼
SPEC-AP
Specification―AquaPlay™
AquaPlay™ products are suitable for installation in aquatic facilities and public play areas. The product is specifically designed for use by children and adults and is to be manufactured by an aquatic play design and engineering company with at least ten years’ experience.
1. Description:
1.1 AquaPlay™ is a multi-level aquatic play structure that includes Standpipes, Cross Pipes, Guardrails Interactive water features, passive water features, Roof/Shade components and/or a Tipping Bucket. The structural members of the AquaPlay™ products are water conveying for a highly interactive experience for all play types.
1.2 The proposed AP structure is a designed model from our product library. AquaPlay models include and/or consider the following: Fixed layout of standpipes, location of stub ups, slides in configuration of already designed model, layout of Interactive Toys, Tipping Bucket, and Foundation Requirements per model. Any deviation from the Product outlined above, or from the requirements listed in section 7. Product Requirements will result in additional engineering time, impact schedule, and may result in a subsequent impact on price.
2. Product Category
2.1 AMUSEMENT PARK STRUCTURES AND EQUIPMENT
2.2 WATER SLIDES
2.3 AQUATIC PARK FACILITIES
3. References (Standard Compliance)
3.1 ASTM International Standards
3.1.1 ASTM F2461 Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Aquatic Play Equipment.
3.1.2 ASTM 1487 Standard Consumer Safety Performance Specification for Playground Equipment for Public Use.
3.2 European Standards
3.2.1 EN 1176 Playground Equipment and Surfacing – Part 1 – General Safety Requirement.
3.2.2 EN 1069-1 Water Slides Safety Requirements and Test Methods.
3.2.3 EN13451-3:2011+A3:2016 Swimming Pool Equipment. Additional specific safety requirements and test methods for inlets and outlets and water/air-based water leisure features.
3.3 Chinese Standards
3.3.1 GB18168 Specification for Water Amusement Equipment Category (PRC National Standard).
3.4 Australian Standards
AP
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 17 3.4.1 AS 4685 Playground Equipment and Surfacing.
4. Quality Management System
All suppliers are expected to perform work under a quality management system that conforms with the requirements of ISO 9001, as evidenced by and subject to review of one or more of the following:
a. Certification to ISO 9001
b. Quality manual and other pertinent documented information c. Control of business processes and sub-suppliers focused on conformity of products & services Reference document - MAN0001003 WWI Supplier Quality Manual
5. Product Delivery, Storage and Handling
5.1 All AquaPlay™ product and associated equipment must be properly packaged and secured per packaging requirements while in transport to project site. Proper care should be given during loading and unloading of the product with photo documentation upon loading and securing material in place within the transportation vehicle.
5.2 At the site, the AquaPlay™ products and associated equipment are to be stored in safe, dry and free from exposure to abrasive surfaces in a secure location to prevent from harm or theft of the equipment.
6. Materials
6.1 Structural Frame:
6.1.1 The Unit shall be designed to accommodate loads on deck areas for 100 pounds per square foot vertical live load and ASTM F2461 and for 100 mph wind load in accordance with good design practice.
6.1.2 Materials: All steel is new and conforms to ASTM designation as per the design drawings.
Main piping of the structure is minimum schedule 40 steel pipe, or as per design drawings or equivalent substitution material.
6.1.3 Fabrication: All steel is fabricated in certified shops under Canadian Welding Bureau standard 2.1, CSA W47.1. or American Welding Standards
6.1.4 Finish: All steel is provided hot dipped galvanized as per ASTM A123/A123M Standard Specification for Zinc (Hot-Dip Galvanized) Coating on Iron and Steel products in accordance with ASTM385/A385M Standard Practice for Providing High-Quality Zinc Coatings (Hot-Dip), and shop painted per section 11 below.
6.1.5 Level of Fabrication: All steel is provided for bolt-up assembly. All fasteners conform to ASTM F593/F594, F879, and A325 or as per design drawings. and are supplied.
6.1.6 All parts not required to be structural may be fabricated from material as specified per design drawings
6.2 Anchor bolts & embedded parts:
6.2.1 All anchor bolts complete with templates, washers and nuts are provided except where specifies otherwise. Concrete imbed plates are included if required.
6.3 Manifold System
6.3.1 The play system has an integrated manifold system for regulating the water flows and pressures to the water effects. The manifold is constructed of PVC, steel or fiberglass and utilizes suitable valves, or material as per design drawings
6.3.2 The manifold system is accessible for adjustment and each valve will be permanently labeled as to the location it controls.
6.4 Hardware
6.4.1 Primary structural fasteners (bolts, nuts, washers and screws) are stainless steel or galvanized.
Secondary fasteners are stainless steel where required (slides and skirting). Unfinished plain steel hardware is not permitted for use.
6.5 Fiberglass Decks and Stairs
6.5.1 All fiberglass decks and stairs are shall have non-slip finish on exposed traffic surfaces. All corners are rounded with no exposed square edges allowed. Each Deck component is structurally capable of supporting a minimum load of 489 kg/m² (100 lb./ft²).
6.6 Slides
6.6.1 Fiberglass Slides are high quality fiberglass according to Whitewater’s specifications. The Waterslides will be manufactured in accordance with ISO 9001 Quality Assurance Standards.
Body of flume is a minimum 3/16” thickness. Joint flanges are a minimum ¼” thick. Premium quality isophthalic resins are used throughout. Interior of waterslide has a minimum .020
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 18 inches thick gelcoat. Exterior of slides are protected by a flood coat of gelcoat or urethane coating.
6.6.2 Drilling: All flanges are pre-drilled.
6.6.3 Fasteners: All fasteners as required for flume to flume connections. Fasteners are stainless steel type 304.
6.6.4 Caulking: All caulking necessary for flume to flume connections. Caulking is a polyurethane “Sikaflex 201”, brand or equivalent.
6.7 Crawl Tunnels (if applicable)
6.7.1 The tunnel body is minimum 610 mm (24”) diameter, fabricated from fiberglass or molded polyethylene.
6.8 Side Panels
6.8.1 All areas below platforms and stairs less than 1.8 m (6') high are blocked off from the public access with solid panels or Netting. All panels are finished with ultra-violet resistant finish.
6.9 Valves
6.9.1 Main operating valves: All Butterfly valves are of stainless steel and EPDM seat.
6.9.2 Wheels have a soft surface finish.
6.9.3 All Ball Valves are PVC, Steel or Equal.
6.9.4 All rope pull operated valves are self-closing with stainless steel or brass bodies and/or operating parts. The valves as well as the supply pipes are capable to withstanding a 79 kg (175 lb) live load.
6.10 Water Guns
6.10.1 All water guns are manufactured with trigger or handle operated mechanisms to control water flow. This mechanism is enclosed within galvanized steel body.
6.10.2 The water gun is mounted on a base that will allow the gun to be aimed by the user. The water gun is mounted so that the gun discharge is at minimum 1.8 m (6') from ground level.
6.11 Finishing
6.11.1 All exposed galvanized metal and exterior PVC components are first prepped then primed with two coats of catalyzed epoxy primer then painted with two coats of catalyzed polyurethane topcoat that is chemical and ultraviolet resistant. This topcoat provides a high gloss finish that is extremely hard and damage resistant. FRP components may alternately use High Quality Gelcoat.
6.11.2 Touchup: Touch up finish paint (if applicable) and touch up paint for cold galvanizing is provided. All repairs to galvanized surface shall be carried out in accordance with ASTM A780 Standard Practice for Repair of Damaged and Uncoated Areas of Hot-Dip Galvanized Coatings
7. Product Requirement
7.1.1 The customer is to provide elevation surveys for sloped areas or areas not at a constant elevation.
7.1.2 Water depth is typical 0” – 12” with a maximum of 12”
7.1.3 Safety clearance around the perimeter of the AquaPlay™ product must be 6’ or greater, matching the safety zone shown in the plan drawing, per ASTM requirements.
7.1.4 The surface areas of concrete slab under the footprints of AquaPlay standpipes escutcheon cap, column base plates, slide supports, and shutdown lanes shall be flat, levelled, and at constant elevation for the installation and function of the WWI components. Regions outside the specified areas can be contoured, with maximum 2% slope, to drain as required by the pool design and the local codes or standards. Trenches, pits, abrupt elevation changes, etc., in concrete slab shall be positioned away from WWI components to avoid supporting zone encroachment. For planning purpose, the extents of supporting zone shall be at least two times of the slab thickness from the edge of the WWI component’s footprint unless otherwise stated on WWI drawings. Note: drawing shall be provided as part of the contract that specifies these areas.
7.1.5 Requirements to thickness and details of the reinforced concrete slab supporting the structure shall be confirmed with the construction drawings issued by WWI. For new concrete slab, concrete material shall possess minimum 28-days compressive strength of 30 MPa (4.35 ksi), and reinforcing steel shall be deformed rebar with minimum yield strength of 400 MPa (60 ksi). For preliminary planning purpose, minimum thickness of the concrete slab shall be 200 mm (8”) inches for models AP50 through AP300, 200 mm (8”) for models AP350 through AP750 and shall be 250 mm (10”) for models AP1050 or larger.
7.1.6 Slab-on-grade supporting the structure shall be constructed over compacted sub-base soil (or fill) with minimum net allowable bearing capacity of 95 kPa (2000 psf). Settlement of slab
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 19 at any location shall not exceed 25 mm (1 inch), and differential settlement between any two locations shall not exceed 1:500 (vertical: horizontal). The client shall retain a geotechnical engineer to design, to review, and to approve the sub-base preparation.
Frost-protection to slab-on-grade shall be the responsibility of the client’s engineers.
7.1.7 Suspended supporting structures shall be designed by the client’s structural engineer with the layout and loadings of the structure provided by Whitewater West Industries.
7.1.8 Safety clearance around the perimeter of the AquaPlay must be 6’ or greater, matching the safety zone shown in the plan drawing, as per ASTM requirements.
7.1.9 Water depth up to 12” max in the areas detailed by WWI, this is in the minimum recommended reinforced flat slab
7.1.10 Theming must follow the approved layout represented in the thematic rendering of the AquaPlay model or the theme map provided. Any deviation will be considered a custom structure unless otherwise approved.
7.1.11 Use of RAL paint colors as per color guide
7.1.12 The AquaPlay structure is not intended to be used as a “building” for shelter or long-term occupancy. It shall be designed to withstand its self-weight, imposed live load from patrons, climatic loads, and seismic effects as required by the latest standard and the relevant Structural Design Codes applicable at the project site location; whichever is more stringent.
The design will be conducted in general accordance with acceptable design practices for the principles of life safety under severe natural events. i. Typical AquaPlay models are designed up to basic snow load of 10 psf (0.5 kPa), the basic design wind speed shall be in accordance with the wind speed specified by the local building code, in the absence of a specified local building code, basic design wind speed shall be 130 mph (58 m/s) [3-second peak gust], or quasi-static lateral earthquake force of 60% seismic weight as per ASCE 7 16 If any of these criteria is exceeded, custom design of the AquaPlay unit would be required. ii. Geographic exclusions for typical AquaPlay models include but are not limited to the following regions: West Coast of North America, Florida, Arctic Circle region, West Coast of South America, Hawaiian Islands, Mariana Islands, Caribbean Countries, Madagascar, Sri Lanka, Iran, Pakistan, Bangladesh, Myanmar (Burma), Fiji, Philippines, Indonesia, Taiwan, Japan, Korea, New Zealand, and all coastal regions.
In the regions of exclusion outside Canada and USA, official site specific climatic and seismic data shall be provided to WWI for structural review. Note: The customer is to provide elevation surveys for sloped areas or areas not at a constant elevation.
8. Manufacturer
8.1 The contractor shall install the following AquaPlay™ products as intended by the manufacturer Whitewater West Industries. 180-6651 Fraserwood Pl, Richmond, British Columbia, Canada V6W 1J3. (604) 273 1068. www.whitewaterwest.com.
SPEC-LF
Specification – Life Floor™
Life Floor is a closed cell foam-rubber tile specifically engineered for use in aquatic environments. It is a modular safety surface that provides traction and cushioning to prevent slip-and-fall and abrasion injuries.
Life Floor is installed on stairs, platforms, pool decks, splash pads, zero depth entries, restroom facilities, and underneath structures to enhance the safety and overall aesthetic appearance of any area where it is installed.
1. system description
1.1 Material:
Life Floor™ is a factory-molded surface composed of EVAtrax™, an ethyl vinyl acetate copolymer.
1.2 Thickness and Weight:
3/8” standard: 2lb or 0.9kg: 7/8”: 4.4lbs or 2kg
1.3 Shock Attenuation (ASTM F1292) – 3/8” meets 1’ critical fall height; 7/8” meets 4’ critical fall height;
1 ¼” meets 6’ critical fall height
1.4 Gmax - Less than 200.
1.5 Head Injury Criteria - Less than 1000.
1.6 Flammability (ASTM E648) – Class 1
LF
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 20 1.7 Toxic Characteristic Leaching Procedure (TCLP) (RCRA) by Method 3010 – Pass.
2. delivery, storage & handling
2.1 General: Comply with Division 1 Product Requirement Section.
2.2 Delivery: Deliver materials in manufacturer’s original, unopened, undamaged containers with identification labels intact.
2.3 Storage and Protection: Store materials protected from exposure to harmful environmental conditions and at a minimum temperature of 20 degrees F (-7 degrees C) and a maximum temperature of 100 degrees F (38 degrees C).
3. project/site conditions
3.1 Environmental Requirements: Install surfacing system when minimum ambient temperature is 40 degrees F (1 degree C) and maximum ambient temperature is 90 degrees F (32 degrees C).
Do not install in rain.
4. warranty
WhiteWater shall transfer directly to the Buyer the warranty provided by our exclusive manufacturer LifeFloor.
4.1 Warranty Period:
4.1.1 Life Floor warrants all 7/8” and 3/8” thick Life Floor for a term of five (5) years from the date of delivery except as below.
4.1.2 Life Floor warrants all 3/16” thick Life Floor tiles for a term of three (3) years from the date of delivery except as below.
4.1.3 Life Floor warrants all above Products in areas of extreme traffic, extreme UV exposure, and extreme chemical exposure for a term of two (2) years from the date of delivery of the Products.
4.2 Limitation of Warranty:
Warranty does not cover color changes of any kind.
4.3 Limitations to the warranty period include areas of extreme traffic, very high/extreme UV exposure, and extreme chemical exposure.
4.3.1 Extreme traffic defined by areas with annual traffic of 250,000 users or greater.
4.3.2 "Extreme" or "Very High" UV exposure as defined by the World Health Organization is more than 90 days of daytime in the "extreme" or "very high" category with a UV Index of 10 or higher within a 365 day period.
4.4 Installation Warranty is one (1) year from the date of completion.
5. Preliminary works and installation: The Preparation Procedures and application to be carried out as per Manufacturer’s Instructions and under appropriate atmospheric and working conditions (no dust, sand, etc.). Verify that the substrate was allowed to cure (meaning chemically neutral, not only dry) as per Manufacturer’s Instruction. The area has to be secured and / or fenced day and night to avoid walking across the surface before it is cured. Surrounding areas to be protected against stains from binder or material mix. Minimum of 72 hours curing before use with chlorinated water. (subject to atmospheric conditions)
6. Installation to be carried out and supervised by factory trained staff / contractor only.
6.1 The areas to be included: the floor areas around and under the multi-level play structure identified on the submitted drawing.
6.2 Installation to include cleaning, rolling to ensure proper tile adhesion, and final quality control check of new Life Floor™ tile installation with site Supervisor.
7. Resurfacing Conditions:
7.1 Site and Material Condition: Indoor Installation
7.1.1 Approved Interior Substrates: Properly prepared concrete (on-grade, below-grade, or above-grade, APA underlayment, metal, cementitious terrazzo, and ceramic floors;
7.1.2 Maintain a consistent temperature of room, subfloor, tile, and adhesive for at least 24 hours prior to installation and 24 hours after installation. Ideal temperatures are a min. of 65 degrees F, and max. of 85 degrees F.
7.1.3 Allow tile to acclimate to temperature for 24 hours prior to installation.
7.2 Site and Material Condition: Outdoor Installation
7.2.1 Approved Exterior Substrates: Properly prepared concrete (on-grade, below-grade, abovegrade).
7.2.2 Store Life Floor™ tiles in a cool, dry location out of direct sunlight and moisture.
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 21 7.2.3 Avoid installing tiles during significant changes in temperature (more than 20 degrees F in 8 hours).
7.2.4 Protect the installation from rain. If this is not possible, the tiles should NOT be installed at this time.
7.3 Surface Preparation:
7.3.1 Ensure that the concrete, metal, wood, tile, or fiberglass substrate is level or uniformly sloped since surface variations will be telegraphed through to the rubber tile surface.
7.4 Concrete Requirements:
7.4.1 Concrete must conform to ACI 302 standards, be dry, fully cured (28 days), a minimum density of 100 lbs per ft^3 as well as having a compressive strength greater than 3000 psi for residential installations and 4350 psi for commercial installations.
7.4.2 The substrate must be dry, structurally sound, and dimensionally stable. It should be free of any substance or condition that may reduce or prevent the adhesive bond to substrate. This includes, but is not limited to, concrete sealers, curing agents, dirt, wax, tar, paint, and loose toppings. If present, these agents must be mechanically removed. The use of solvents (with the exception of acetone), adhesive remover or acid etching is not recommended.
7.4.3 Concrete porosity should be noted. It is always a good practice to perform bond tests before large scale installations. Excessively absorbent (porous) or rough concrete surfaces can cause an increase in adhesive usage. Surface grinding can be used to smooth an excessively porous or rough surface.
7.4.4 New concrete surfaces prepared for Life Floor should have a troweled smooth finish to be diamond ground before install. If needed mechanical shot-blasting can be used to roughen an excessively smooth surface. Overtrowled slabs are not acceptable.
7.4.5 Substrate should be sloped properly towards drains to allow for proper drainage. Refer to the Model Aquatic Health Code (MAHC) for sloping requirements for your application and facility.
7.4.6 Concrete surface prep: Remove protrusions, bumps and ridges by grinding or chipping.
Repair, fill & level cracks, holes, depressions, rough or chipped areas of substrate. Slab to have a light broom finish (hand troweled finish, or power finish. Not a burned power, troweled finish) when tile is installed.
7.4.7 If planning on recessing slabs to accommodate for the 3/8” tile depth, then you should target a ¼” max recess. This will help avoid raised drains, floor jets, and adjacent surfaces once Life Floor is installed. On-site installers can grind concrete down around these areas to balance out the height if needed, but raising the level of the concrete is more costly.
Note: A high alkali slab (with a 10 to 14 ph) can signify a moisture problem. If a ph problem is found, the slab should be tested for moisture.
7.5 Floor Preparation:
7.5.1 The substrate needs to be cleaned from all dirt and debris.
7.5.2 The substrate needs to be dry with a relative humidity of less than 90 %. Note: A high alkali slab (with a 10 to 14 ph) can signify a moisture problem. If a ph problem is found, the slab should be tested for moisture.
7.5.3 The substrate must be well intact (ie: not crumbling or chipping up). If the substrate is not intact then grinding or skim coating the floor may be required.
7.5.4 The substrate should be relatively smooth. A light broom finish surface is ideal. Very rough surfaces with high and low areas may not allow for enough surface area to come in contact with the substrate and could negatively affect the adhesion.
7.5.5 Ensure the substrate properly drains
7.5.6 Failure to properly prepare the substrate will affect the adhesion and may result in installation failure.
7.6 Includes:
• Weather permitting; project to be completed in approximately (To Be Determined <estimated 550 hours>) weeks when the attraction is out of operation utilizing a 7-day work week.
TO BE PROVIDED BY OTHERS/EXCLUSIONS
a. Modifications if any to the pool.
b. Temporary utilities. Fresh water supply for our use within 30 yards of waterslide work area. Dumpster. c. Special inspections, notices, steel fabrication inspections, concrete/steel material testing, soils testing.
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 22 d. To perform submissions to building authorities and obtain necessary building permits. e. To obtain all licenses, permits and bonding, if required and make all submissions as required by local authorities.
f. To provide all 3rd party inspections as required by local authorities. g. It is understood that sufficient resources and access will be supplied to WhiteWater to complete the work in the specified duration.
h. To provide continuous access for workers for the duration of the term of the contract, and if technicians or work crews must make additional trips due to unforeseen delays the costs for return trips are reimbursable at actual cost.
i. To provide pool, slide and play structure water drainage as required for continuous work flow. j. Where a specific number of days are provided for in a quotation, it is assumed to include for two days of travel so actual on-site days will be adjusted accordingly. k. To provide 240 x 60 amps and 120 x 30 amp electrical supplies at convenient locations within 100 ft. of work area throughout the job site to enable crews to perform the work. l. To provide adequate access to the site and locations of actual work for trucks, cranes, forklifts man lifts, scaffold and other equipment necessary to perform the work. m. To provide adequate area for equipment and for storage of the equipment, convenient to the site and close to the final position of the equipment.
n. To provide adequate protection for the equipment against paint over-spray, debris, concrete spatter or misuse by other trades during the completion of the project. o. To provide adequate security to protect the construction materials, tools and equipment during the project.
p. Dispose of all waste materials.
q. The owner agrees to grant additional time to the schedule at no cost to WhiteWater for delays due to inclement weather, equipment malfunctions, shipping delays or other schedule impacts beyond the control of WhiteWater or the owner.
r. Purchaser agrees to allow WhiteWater to utilize photos and statements to promote and market at its discretion
s. Any other expenses not specifically defined in WhiteWater’s obligations. t. Substrate repairs and leveling is NOT included; if required, Change Work Order will be issued. u. Whitewater shall not be held responsible for any damage to underground services that have not been identified prior to works commencement.
v. Any costs associated with locating, removing or rerouting any existing services.
NOTE: It is agreed that WhiteWater West Ind. shall be permitted to process our work without interruption or delay. The purchaser herby agrees that WhiteWater West Ind. will be reimbursed in full for all costs associated with any delays. These reimbursable include, but are not limited to, re-mobilization costs and equipment rental/delivery fees. This agreement must become a part of the final contracts.
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 23 Appendix 3 On-Site Services - Specifications
On-Site Services Seller Purchaser Reference
Installation of WhiteWater supplied equipment ◼
Installation Advisory Services of WhiteWater designed
equipment ◼ IAS
Items that are the responsibility of the Purchaser or their Agents ◼ PRC Commissioning services ◼ CS
SPEC-IAS
Specification – Installation Advisory Service
WhiteWater agrees to provide one (1) Install Advisor to advise others in the installation of the WhiteWater supplied equipment, as follows:
1. To ensure the work will be performed in accordance with WhiteWater’s engineering drawings and specifications
2. Follow commonly accepted principles of good workmanship
3. Providing an initial inventory of all WhiteWater supplied materials delivered to the site
4. Advising the client’s installation contractor on best installation practices specific to our supplied products
5. Advise the owner if the equipment is not being installed as per WhiteWater’s engineering drawings and specifications and industry standards
6. Work with the project stakeholders to develop and maintain a construction plan that will meet the overall project schedule
7. Advise the installation contractor on the sequencing of work to ensure the most expeditious install of materials
8. Provide the owner with an on-site representative to attend any scheduled site meetings and ensure effective communication between owner and WhiteWater
9. The following conditions apply to the specified duration of man days included in the contract:
9.1 Duration is based on a seven-day work week and continuous work on site. If there are any “down days” where they are prevented from accessing the project site or if there is no installation crew available on certain days, these “down days” will be counted as part of the specified duration.
9.2 In case compliance with local labor laws or safety procedures on site - whichever is the more stringent – prevents a seven-day workweek, in consultation with Purchaser, schedule and price will be adjusted to reflect such compliance.
9.3 If the Installation Advisory Service extends past the specified duration for any reason outside of the control of WhiteWater, the Purchaser shall reimburse WhiteWater at a specified daily rate of $1000 USD/day, plus actual expenses (local transportation, lodging, meals).
9.4 If the Install Advisor must leave the project site for reasons caused by the Purchaser or others, then all costs for return trips are reimbursable by the Purchaser.
10. To provide and pay for travel to the project site, local travel, lodging and meals for the Installation Advisor for the duration specified herein.
The Purchaser agrees to provide to WhiteWater at its own cost, the following:
1. Labour, materials, and equipment required to complete the installation of WhiteWater supplied equipment. It is understood that sufficient qualified resources will be supplied to complete the work within the specified duration of the Installation Advisory Services.
2. A qualified foreman responsible for providing the means and methods of assembling complex steel and fiberglass structures and directing the crew.
IAS
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 24 Purchaser Requirements – Construction (PRC)
The Purchaser agrees to provide at its own cost, the following (but not limited to):
1. Adequate lay-down area for equipment pre-assembly and for storage of the equipment, convenient to the site and close to the final position of the equipment. The lay-down area must be hard surfaced and accessible for trucks, cranes, fork lifts and other equipment necessary for the installation of the WhiteWater supplied equipment.
2. All site work including, but not limited to: soil tests, stripping, grubbing, filling, site grading, site drainage, all foundations, footings, concrete columns and piers (and grouting of all column baseplates), complete with placing steel embed plates and / or anchor bolts in the correct locations and orientations as surveyed by a qualified land surveyor.
3. Building and sealing of building wall penetrations or enclosures, if required.
4. All slabs on grade for shutdown lanes and / or pool decks.
5. Detailed design and construction of all pools, including pumps, valves, piping, filters, fittings, VFD’s, starters, etc.
6. The necessary block-outs in the pool walls and slabs to accommodate the slide pieces and to complete and finish this area after the slide is installed.
7. All concrete work on tower platforms, stairways and walkways
8. Adequate protection for the WhiteWater supplied equipment against paint over-spray, debris, concrete splatter or misuse by trades during the completion of the project.
9. Cleanup of all concrete spatters and drips that fall on any fiberglass slide parts, support steel or tower steel.
10. Electrical connections, conduit and field wiring to any WhiteWater supplied electrical equipment.
11. Adequate water and electrical supplied within reasonable access to the work area for construction activities.
12. Adequate toilet facilities within reasonable access to the work area.
13. Adequate waste disposal containers.
14. All buildings, mechanical rooms, change rooms etc. as required for the project.
15. Adequate access to the site for trucks, cranes, fork lifts, and other equipment necessary for the installation of the WhiteWater supplied equipment.
16. Assume the risk of loss or theft of the construction materials, tools and equipment on site and is responsible to provide adequate security and fencing.
17. Any other expenses not specifically defined in WhiteWater’s obligations.
SPEC-CS
Specification – Commissioning Services
WhiteWater agrees to:
1. Test the WhiteWater supplied equipment.
2. Certify that the equipment is compliant with WhiteWater’s engineering drawings and applicable standards before the equipment is deemed ready for operations.
3. Provide basic training for operation and maintenance of WhiteWater supplied equipment.
The Purchaser agrees that:
1. All mechanical systems and structures required to operate the ride will be complete
2. All electrical systems required to power and control the ride will be operable
3. At its expense, purchaser will make available in advance of testing, filtered and treated water compliant to NSPI industry standard (3 PPM chlorine levels) and following the requirements in the PHTA (Pool & Hot Tub Alliance) Certified Pool Operator manual.
4. If, as a result of delays caused by the Purchaser or others, and the Installation Advisor is unable to certify the equipment during the specified duration, then all costs for return trips are reimbursable by the Purchaser.
PRC
CS
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 Appendix 4 Indicative Preliminary Design included
Indicative Preliminary Design is a compilation of drawings, specifications and notes intended to provide the Owner with an indication of feasibility of design to the proposed project scope, including a general arrangement of WhiteWater’s products (within provided site boundary) and showing an indication of the functional requirements, tower heights, length of rides, slides or interactive structures at a very preliminary and conceptual level.
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2
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G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 29 Appendix 5 Preliminary Schedule
PROJECT NUMBER:
44407-6
PROJECT NAME:
Gauche Park Aquatic - AP
Replacement
PROJECT LOCATION:
Yuba City, CA, USA
BELOW INFO REQUIRED BY:
TBD
The purpose of this document is to confirm the Critical Information required to start a given project is available and in the possession of WhiteWater. Project schedules and other documents are to be confirmed separately.
P u rc ha s e r’ s i ni t i al ___________
1. GENERAL REQUIREMENTS (all projects)
Item Requirement
a. Clearly Defined Scope (some examples of information needed are in bullet point below) ▪ Client‐approved Statement of Work (what we are contractually obligated to provide/supply)
▪ Final client approved SK drawings
▪ Defined project design code(s)
▪ Defined 3rd party review (if a review is required, who will conduct it & to what standard) ▪ Defined product interfaces (underground utilities to avoid/slide penetrating wall of building)
▪ Client specific design requirements
▪ Customization requested by client
b. CAD site layout with the following:
▪ Defined elevations
▪ Site coordinate system
▪ Site Boundaries and limiting envelopes
▪ Utilities and easements needing to be taken into account c. Geotechnical Report (soils report)
d. Climatic report (seismic/wind/climate)
e. Approved theming design
NOTES
2. PROJECTS INVOLVING POOLS
Item Requirement
a. Final pool plan (when pools are a part of the project) ▪ Deck Plan
▪ Deck elevations
▪ Water levels
▪ Pool layout
▪ Pool Wall cross sections at WWI product interfaces
3. PROJECT INVOLVING AQUAPLAY
Item Requirement
a. Pool layout including contours, cross section and flat area under the attraction.
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 Purchaser has reviewed the Work Schedule P ur ch a s er’ s i n it ial ___________ Schedule is to follow.
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 31 Appendix 6 Purchase Price Breakdown
Pricing Table
AquaPlay AP-300TB (SK-4)
DESIGN SERVICES (ENGINEERING) AMOUNT
Design $10,292
SUBTOTAL $10,292
EQUIPMENT SUPPLY AMOUNT
AquaPlay (with Theming) $143,025
Engineer's Design Review and Site Survey $16,315
Freight $10,111
SUBTOTAL $169,451
ON-SITE SERVICES AMOUNT
Installation Advisory $11,185
SUBTOTAL $11,185
Aqua Play TOTAL $190,928
Life Floor on AP unit with installation TOTAL $9,763
Life Floor under AP unit (SK-6B) with installation TOTAL $105,022 GRAND TOTAL USD $305,713
*Prices above are exclusive of all sales taxes.
G a u c h e P a r k A q u a t i c - A P R e p l a c e m e n t • J u l y 1 1 , 2 0 2 2 32 Appendix 7 Insurance
Commercial General Liability policy written on ISO Commercial General Liability Form CG 0001 0413 issued by Liberty Mutual Insurance Company (A rating A.M. Best Co and Standard & Poor’s) Policy aggregate limits.
▪ General Aggregate .............................................................................................................................$2,000,000 ▪ Products and Completed Operations Aggregate ...........................................................................$2,000,000 ▪ Personal and Advertising Injury ...........................................................................................................$2,000,000 ▪ Damage to Rented Premises ..............................................................................................................$2,000,000 ▪ Each Occurrence.................................................................................................................................$2,000,000 ▪ Medical Expense Limit – Each Person......................................................................................................$10,000 ▪ Medical Expense Limit – Each Accident.................................................................................................$25,000 ▪ Non-Owned Automobile Liability........................................................................................................$2,000,000 ▪ This policy provides coverage for loss or damage arising out of the use or operation of any automobile that is not owned or that is hired, resulting from bodily injury or property damage ▪ Professional services that are an integral part of other work performed by or on behalf of the Insured or are incidental to the manufacture, installation, sale, handling or distribution of the Insured’s products. ▪ All entities where required by written contract with the Named Insured and to whom a certificate of insurance has been issued to are added as Additional Insured but only with respect to liability arising out of the operations of the Named Insured.
▪ Commercial general Liability is Primary and Non-Contributory and includes Contractual Liability and a Waiver of Subrogation where required by written contract.
Workers’ compensation and Employers’ Liability policy issued by Liberty Mutual Insurance Group ▪ Workers’ Compensation .................................................................................................................Statutory limit ▪ Employers’ Liability – Bodily Injury by Accident, Each Accident .....................................................$1,000,000 ▪ Employers’ Liability – Bodily Injury by Disease, Each Employee .......................................................$1,000,000 ▪ Employers’ Liability – Bodily Injury by Disease, Policy Limit................................................................$1,000,000 ▪ US Longshoreman and Harbor Workers’ Compensation Act ..........................................................$1,000,000 ▪ Stop gap employers’ liability in monopolistic states (ND, OH, WA and WY) ▪ Waiver of Subrogation where required by written contract with the Insured Umbrella Additional aggregate limits to Commercial General Liability and Employer’s Liability policies ▪ Aggregate.............................................................................................................................................$8,000,000 ▪ Each Occurrence ................................................................................................................................$8,000,000 Should one of the above-noted policies be cancelled before their expiry date, the insurer will endeavor to provide 30 days written notice to the certificate holder.
G a u c h e P a r k A q u a t i c
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EXHIBIT C
INSURANCE REQUIREMENTS FOR MOST CONTRACTS
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 and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Covering any auto, or if Contractor has no owned autos, hired, and non-owned autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor has no employees for the purposes of this Agreement, Contractor shall sign the “Certificate of Exemption from Workers’ Compensation Insurance” which is attached hereto as Exhibit C.
4. Professional Liability (Errors and Omissions): Insurance appropriates to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (If applicable – see footnote next page) If the contractor maintains higher limits than the minimums shown above, the Entity requires and shall be entitled to coverage for the higher limits maintained by the contractor.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as insured on the CGL policy 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 at least as broad as ISO Form CG
20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the Entity.
Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Entity.
The Entity may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:
VII, unless otherwise acceptable to the Entity.
Verification of Coverage
Contractor shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Note: Professional liability insurance coverage is normally required if the Contractor is providing a professional service regulated by the state. (Examples of service providers regulated by the state are insurance agents, professional architects and engineers, doctors, certified public accountants, lawyers, etc.). However, other professional Contractors, such as computer or software designers, and services providers such as claims administrators, should also have professional liability. If in doubt, consult with your risk management or insurance advisor.
ATTACHMENT 2
ATTACHMENT 3
Agenda Item 4
CITY OF YUBA CITY
STAFF REPORT
Date: July 19, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Faith Court Subdivision (Subdivision Agreement and Final Map Approval) Recommendation: Adopt a Resolution approving the execution of a Subdivision Agreement with Faith, LLC, a California Limited Liability Company providing for public improvements associated with the Faith Court Subdivision Map, approving the Faith Court Subdivision Final Map, accepting dedication of rights-of-way and easements shown thereon and authorizing the filing of the map. (Subdivision is located south of Monroe Road and approximately 800 feet east of Royo Ranchero Drive)
Fiscal Impact: Costs and reimbursements in accordance with proposed Subdivision Agreement Purpose:
To approve the necessary agreement and final subdivision map that specify the terms for the Faith Court Subdivision development.
Council’s Strategic Goal:
Executing a subdivision agreement, approving a final map, and accepting dedications does not directly meet one of the Council’s Strategic Goals. These actions are necessary to comply with the Subdivision Map Act and City policy to facilitate the private development project.
Background:
On March 24, 2021, the Planning Commission approved Tentative Map SM 20-01, Faith Court Subdivision, to subdivide 4.0 acres into 17 single family residential parcels located south of Monroe Road and east of Royo Ranchero Drive (Attachments 2 and 3). The proposed lot sizes range from 7,032 square feet to 18,537 square feet.
Since Planning Commission approval, the developer and its representatives have been coordinating with City staff to develop the necessary improvement plans and determine the terms of the Subdivision Agreement in accordance with the conditions of approval for the development and City policy.
Analysis:
The procedure for approval of a Final Map is outlined in Title 8, Chapter 2, Article 8 of the Municipal Code. The process is summarized as follows:
Tentative Map – The applicant submits a tentative map to the Development Services Department, which is then routed to all City Departments and other agencies for review, comment, and establishment of the Conditions of Approval. Upon preparation of the Conditions of Approval and the environmental document, the map is taken to the Planning Commission for approval. The tentative map for the subject project was approved by the Planning Commission on March 24, 2021.
Final Map – Upon approval of the tentative map, the applicant submits a Final Map package which includes the Final Map and public improvement plans. If the applicant chooses to file the map prior to the construction of the public improvements, the City requires the execution of a Subdivision Agreement guaranteeing that the improvements will be constructed through the collection of security, such as bonds or a letter of credit. Council Approval – Once it is determined that the Final Map is correct and the Conditions of Approval have been met, the map is taken to the City Council for consideration and approval. Recordation of the Final Map – Upon Council approval, the City Clerk certifies the action on the map and it is submitted to the Sutter County Recorder for recordation.
In order to proceed with the development, the property owner is to enter into a Subdivision Agreement (Agreement) with the City to ensure the construction of the required public improvements. The Agreement specifies the obligations of the property owner regarding the fees, dedications, and improvements that are required as a condition of the subdivision, and guarantees that the required public improvements will be constructed.
With the recordation of the Final Map, the determined right-of-way and utility easements will be dedicated to the City as shown on Attachment 3. Road dedications include portions of the right-of-way of Monroe Road, and a small northerly portion of the right-of-way of Faith Court, which is a cul-de-sac.
Fiscal Impact:
Costs and reimbursements for the public improvements are specified through the proposed Agreement.
Exhibit B of the Agreement identifies the fees owed by the Developer to the City at the time of execution of the Agreement. Those fees include plan check, inspection, and water hot tap fees totaling $45,069.25.
Alternatives:
Delay or modify the recommended actions of approving a Subdivision Agreement or Final Map for Faith Court Subdivision.
Recommendation:
Adopt a Resolution approving the execution of a Subdivision Agreement with Faith, LLC, a California Limited Liability Company, providing for public improvements associated with the Faith Court Subdivision Map, approving the Faith Court Subdivision Final Map, accepting dedication of rights-ofway and easements shown thereon and authorizing the filing of the map. (Subdivision is located south of Monroe Road and approximately 800 feet east of Royo Ranchero Drive).
Attachments:
1. Resolution - Faith Court Subdivision (Subdivision Agreement and Final Map Approval)
2. Location Map Faith Court
Prepared By: Submitted By:
Kevin Bradford
Deputy Public Works Director – Engineering
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY
APPROVING A SUBDIVISION AGREEMENT WITH FAITH, LLC FOR THE FAITH COURT
SUBDIVISION, APPROVING THE FAITH COURT SUBDIVISION FINAL MAP SUBDIVIDING LAND INTO 17 PARCELS TO CONSTRUCT SINGLE-FAMILY RESIDENTIAL BUILDINGS,
AND ACCEPTING FOR DEDICATION THE PUBLIC RIGHT-OF-WAY AND UTILITY
EASEMENTS SHOWN THEREON
WHEREAS, Faith, LLC, a California Limited Liability Company (“subdivider”) owns certain property as identified on Exhibit “B” and has offered for approval a Final Map designated as “Faith Court Subdivision” ("final map"), pursuant to approved Tentative Map for Faith Court Subdivision ("tentative map"); and
WHEREAS, the subdivision lies within the boundaries of the City of Yuba City; and WHEREAS, the Planning Commission of the City of Yuba City, by formal resolution, approved said tentative map; and
WHEREAS, the City Engineer has subsequently reviewed the final map and has determined that the conditions of approval associated with the final map have been satisfied, that the final map is in substantial conformance with the tentative map, and that the final map is ready for City Council approval; and
WHEREAS, all the certificates which appear on the final map (except the approval certificate of the Council of the City of Yuba City and the recording certificate of the Recorder of the County of Sutter) have been signed and acknowledged and said final map has been filed for approval; and
WHEREAS, the final map conforms to all of the requirements of the Subdivision Map Act of the State of California, and City ordinances, resolutions and standards, except that Section 66492 and 66493 of the Subdivision Map Act may not be fully complied with at the time of passage of this resolution and owner having previously filed with the Clerk of the Board of Supervisors of Sutter County a Tax Compliance Certificate Request along with copies of the final map considered herewith by the Council; and,
WHEREAS, the proposed subdivision, together with the provisions for its design and improvement, is consistent with all applicable general and specific plans of the City; and,
WHEREAS, the owner, whose signature(s) appear on the final map, and others have offered for dedication certain streets, public utility easements, access rights and other public properties and uses as shown and delineated upon said final map; and
WHEREAS, required public improvements have not been completed by the subdivider as of the filing of the final map, and all required public improvements shall be required to be completed in accordance with a Subdivision Improvement Agreement approved by and between the City and the Subdivider; and
WHEREAS, the City Council now desires to approve the Subdivision Agreement with subdivider, approve the final map, and accept all dedications thereunder.
NOW, THEREFORE, the City Council of the City of Yuba City does resolve as follows:
1. Subdivision Agreement: The City Council approves the Subdivision Agreement with Faith, LLC, a California Limited Liability Company attached hereto as Exhibit “A,” and authorizes the City Manager or designee to execute the same on behalf of the City of Yuba City.
2. Findings for Final Map: The City Council finds that:
a. The final map is in substantial compliance with the tentative map, any deviations therefrom being deemed to be approved by the Council.
b. The requisite conditions associated with the tentative map have been satisfied, subject to the terms of the Subdivision Agreement approved concurrently herewith. c. The final map is in conformance with the General Plan and any applicable specific plan(s).
d. The final map conforms to all applicable requirements of the Subdivision Map Act of the State of California.
3. Approval of Final Map and Acceptance of Dedications: The City Council approves the final map attached hereto as Exhibit “B”, subject to the terms of the Subdivision Agreement approved concurrently herewith, and subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act prior to release of the final map for recordation.
The City Council accepts any and all of the streets, public utility easements, public utility facilities, access rights and all parcels of land and easements offered for dedication on the final map, unless it is stated on the final map that said dedications are subject to City acceptance of subdivider-installed improvements, in which case acceptance shall be subject to improvement in accordance with Section 66477.1 of the California Government Code.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 19th day of July, 2022.
AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
Shannon Chaffin, City Attorney
Aleshire & Wynder, LLP
Exhibit “A” – Subdivision Agreement
Exhibit “B” – Final Map (Faith Court, City of Yuba City)
01248.0005/696485.2 SLC
EXHIBIT “A”
Subdivision Agreement
Final Map of Faith Court Subdivision
WHEN RECORDED MAIL TO:
City Clerk
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
NO FEE-Government Code §6103
Public Works Department
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA 95993
SUBDIVISION AGREEMENT
FINAL MAP OF FAITH COURT SUBDIVISION
(Regarding Tentative Map No. 20-01, Faith Court Subdivision)
Subdivision Agreement
Final Map of Faith Court Subdivision
THIS AGREEMENT is made this ______ day of _____________________ 2022, by and between the City of Yuba City, a general law city, hereinafter referred to as "City," and Faith, LLC, a California Limited Liability Company, hereinafter referred to as "Subdivider" without regard for number or gender, and is effective the date first appearing on the Clerk’s Attestation and signature for the City of Yuba City.
RECITALS
A. Subdivider has filed with City a Final Map proposing the subdivision of land owned by Subdivider, situated in the City of Yuba City, County of Sutter, State of California, hereinafter referred to as the “Subject Property”, dividing the real property more particularly described as follows:
Lots 1 through 17 and Parcel A, inclusive, of the Final Map of Faith Court Subdivision according to the map thereof recorded on
_______________________, 20____ in Book ________ of Surveys at Page(s) , Sutter County Records.
B. City requires as a condition precedent to the acceptance and approval of the Final Map the dedication of such streets, highways and public places and easements as are delineated and shown on the Final Map, and deems the same as necessary for the public use, and also requires any and all streets delineated and shown on the Final Map shall be improved by the construction and the installation of the improvements hereinafter specified.
C. Section 8-2.809 of the Yuba City Municipal Code (“City Code”) requires Subdivider to enter into this Agreement with City whereby Subdivider agrees to do, perform and complete the work and matters required as Conditions of Approval for Tentative Map No. 20-01 dated March 24, 2021 issued by City and any amendments thereto, hereinafter referred to as “Conditions of Approval”, within the time hereinafter specified.
D. Subdivider desires to construct the improvements and develop the Subject Property.
E. Subdivider hereby warrants that any and all parties having record title interest in the Final Map which may ripen into a fee have subordinated to this instrument and all such instruments of subordination, if any, are attached hereto and made a part of this instrument.
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways, public ways, easements and facilities as shown and delineated on the Final Map, and in consideration of finding of substantial compliance with said Tentative Map, it is mutually agreed
Subdivision Agreement
Final Map of Faith Court Subdivision
and understood by and between Subdivider and City, and Subdivider and City do hereby mutually agree as follows:
1. The Subject Property is subject to the following:
a. Time for Performance. The work and improvements required by the Conditions of Approval shall be performed on or before 24 months of the effective date of this Agreement, except as otherwise specifically set forth in this Agreement. If Subdivider fails to complete such work within such period, City may (but is not required to) complete the same and recover the full cost and expense thereof from Subdivider. b. Conditions of Approval. The Subject Property shall comply with all Conditions of Approval required by Planning Commission Resolution No. PC 21-04, dated March 24, 2021 attached as Exhibit A and incorporated by reference. c. Unforeseen Delays and Extension Process. When a delay occurs due to unforeseen causes beyond the control and without the fault or negligence of Subdivider, the time of completion may be extended for a period justified by the effect of such delay on the completion of the work. As a prerequisite for obtaining an extension, Subdivider must file a written request for a time extension with the City’s Public Works Director within 24 months of the effective date of this Agreement. The written request should set forth the facts and unforeseen causes giving rise to the delay, and must be accompanied by an updated Cost Estimate approved by the City Engineer. Subdivider must also pay an extension fee, if any, established by the most recent City Fee Schedule (“Fee Schedule”) based upon the higher of the initial or revised estimated total improvement cost for the Final Map. The Public Works Director, in said Director’s sole and exclusive discretion, may grant an extension of time for completion of improvements by Subdivider. The Public Works Director may also re-assess Performance Security, Payment Security and any other improvement security to increase the amount based upon the updated Cost Estimate and pursuant to the types and percentage amounts set forth in Paragraph 5 of this Agreement.
The Public Works Director shall give Subdivider written notice of the Director’s determination in writing, including any additional Performance Security, Payment Security or other improvement security amounts. The Director’s determination shall be final and conclusive. No extension of this Agreement shall be valid unless Subdivider shall provide City any additional improvement security within 20 business days after written notice of the Director’s determination. If no extension of time is granted, City shall refund the extension fee, less the cost of any staff time for processing the application, paid by
Subdivision Agreement
Final Map of Faith Court Subdivision
Subdivider at the time of submittal of the request for extension.
2. Scope of Improvements. Subdivider agrees to construct and install, at Subdivider’s sole cost and expense, all of the streets, sidewalks, curbs, gutters, storm drainage facilities, water distribution facilities, sewer collection facilities, street lighting facilities, fire hydrants, landscaping and irrigation, and all other work and improvements depicted or required on the Improvement Plans for the Construction on Faith Court Subdivision (City Drawing No. 5419-D), as approved by the City Engineer, and any approved amendments thereto, any Conditions of Approval required by Planning Commission Resolution No. PC 21-04, dated March 24, 2021, and in compliance with Chapter 2 of Title 8 of the City Municipal Code and the Subdivision Map Act (hereinafter collectively referred to as “Improvements”), which are incorporated by reference and made a part of this Agreement. Improvements shall be done in accordance with the construction standards contained in the most current edition of the City Standard Specifications and Details and, to the extent not addressed therein, in accordance with the State of California Department of Transportation Standard Plans and Specifications as amended by special provisions approved by the City Engineer.
3. Impact and other Fees. Subdivider shall pay to City the total fees and charges due as a condition of Final Map approval, including those required by City Code Section 8-2.803 and 8-2.1515, and Chapter 10 of Title 8 of the City Code, as they may be amended. The total fees and charges are more particularly itemized and made a part of this Agreement in the attached Exhibit B, which is incorporated by reference.
4. Estimated Reimbursements for Certain Improvements. City shall pay to Subdivider those amounts, if any, shown in Exhibit C, which is incorporated by reference, at such time and only at such time as City has accepted those Improvements. Exhibit C represents City’s participation and contribution to the Improvements which City recognizes will ultimately inure to the overall benefit of City, both in connection with the subject development and in connection with future developments. In connection with the amounts set forth in Exhibit C, City has made its best faith efforts at predicting the amounts to be credited as reimbursements for Improvements that will benefit other properties as contemplated by City Code Section 8-2.1501. The parties acknowledge since the subject Improvements have not been completed at the time of execution of this Agreement, the actual cost of construction is not yet known. Some degree of reasonable estimation is incorporated into the calculations, including the amount of fee credits, if any. Subdivider agrees these figures represent City’s best estimates only and they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance.
Subdivision Agreement
Final Map of Faith Court Subdivision
Calculations of costs are also based on information submitted by Subdivider to City. Payment of fees and any reimbursements shall be made at the rates and amounts established by the City Code, including pertinent provisions contained in City’s Fee Schedule.
5. Fee Credit Adjustments. With regard to fee credits including those referenced above and herein, Subdivider may receive designated fee credits from City as offsets toward a development impact fee for construction of certain required infrastructure improvements either as a part of this Agreement or at some future date. With regard to the amounts to be credited as referenced above, Subdivider acknowledges and agrees any such fee credits are provided contingent upon City accepting required infrastructure improvements completely installed by Subdivider. Until then, and notwithstanding any other provision, Subdivider expressly agrees Subdivider has no right to any portion of any fee credit and the Public Works Director for City, in the Director’s sole discretion, may unilaterally amend this Agreement effective upon mailed notice to Subdivider to adjust (including adding, reducing or removing) credits at any time prior to acceptance of all required infrastructure improvements by City. Upon adjustment, Subdivider shall pay in full any development impact fees, due from modification of the fee credit, prior to approval of the subdivision map or as may be deferred by a fee deferral covenant. If the subdivision map has already been approved, all such fees shall be promptly paid by Subdivider.
City may enforce recovery of such fees in any manner available at law or in equity, including but not limited to private foreclosure and sale of the property in the manner provided in Section 2924 of the California Civil Code or successor statute.
6. Inspections. City shall inspect all Improvements. All Improvements and materials shall be done, performed and installed in strict accordance with the approved construction plans for said work on file with the City Engineer and the Public Works Standards, which said construction plans and Public Works Standards are hereby referred to and adopted and made a part of this Agreement. In the event there are not any Public Works Standards for any of said Improvements, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Division of Highways. All of said Improvements and materials shall be done, performed and installed under the inspection of and to the satisfaction of the City Engineer.
7. Security. Prior to the approval by the City Council of the Final Map, Subdivider shall furnish to City the following improvement securities set forth in this paragraph. Improvement security shall be of the type as provided for in Government Code §66499 subject to review by the
Subdivision Agreement
Final Map of Faith Court Subdivision
City Attorney and approval of the City Council. Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of City and on forms furnished or approved by City and Certificates of Deposit must be in a form acceptable to the City Attorney.
a. Performance Security. The total amount shall equal 100% of the final Engineer’s Estimate of Probable Cost of Remaining Items of Work, as approved by the City Engineer, to be conditioned upon the faithful performance of this Agreement.
Performance Security shall be in the amount of $395,131.00 and in the form of a bond naming the City of Yuba City as obligee, or a certificate of deposit made payable only to the City of Yuba City, or cash.
b. Payment Security. The total amount shall equal 100% of the final Engineer’s Estimate of Probable Cost of Remaining Items of Work, except if such securities is in the form of a cash deposit or deposit or instrument of credit, the amount shall be equal to 50% of the total estimated cost of the improvements, as approved by the City Engineer, to secure payment to all contractors and subcontractors performing work on said improvements and all persons furnishing labor, materials or equipment to them for said improvements. Payment Security shall be in the amount of $395,131.00 and in the form of a bond naming the City of Yuba City as obligee, or in the amount of $197,565.50 in the form of a certificate of deposit made payable only to the City of Yuba City, or cash.
8. Damage Prior to Final Acceptance. Any damage to the work or Improvements constructed pursuant to this Agreement occurring after installation shall be made good to the satisfaction of the City Engineer by Subdivider before any securities are released or the final acceptance of the completed work.
9. Remedy of Defects. Subdivider shall remedy any defective work, labor or materials related to the Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one year from the date of acceptance of the Improvements by City.
10. Warranty Security. To ensure Subdivider complies with its obligations set forth in paragraph 7, on acceptance of the required work by the City Engineer, a maintenance bond serving as warranty security shall be furnished to the City in the minimum amount of $39,513.10 which represents ten (10) percent of the total Engineer’s Estimate of Probable Cost, including portions of improvements already completed. The warranty security shall serve as a guarantee and warranty
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of the work for a period of one year following acceptance against any defective work, labor or materials. The warranty security shall be released, less any amount required to be used for fulfillment of the warranty, one year after final acceptance of the subdivision Improvements.
11. No Right of Trespass. This Agreement shall in no way be construed as a grant by City of any rights to Subdivider to trespass upon land rightfully in the possession of, or owned by, another, whether such land be privately or publicly owned.
12. Indemnification. Subdivider shall be obligated as follows:
a. To the furthest extent allowed by law, Subdivider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Subdivider or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiff’s or petitioner’s attorney’s fees if awarded, in connection with City’s defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the work or Improvements by Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the work and Improvements; (v) Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractor’s failure to provide prevailing wages as may be required by law; or (vi) City’s granting, issuing or approving use of this Agreement. b. Subdivider’s obligations under the preceding sentence shall apply regardless whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. c. If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs “a” and “b” of this Section.
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Notwithstanding the preceding sentence, any subcontractor who is a "design professional" as defined in Section 2782.8 of the California Civil Code shall, in lieu of indemnity requirements set forth in paragraphs “a” and “b” of this Section, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers to the furthest extent allowed by law (including Section 2782.8 of the California Civil Code), from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Agreement.
d. Subdivider further agrees that the use for any purpose and by any person of any and all of the streets and works and Improvements hereinbefore specified, shall be at the sole and exclusive risk of Subdivider at all times prior to final acceptance by City of the completed street and other improvements thereon and therein. This Section shall survive termination or expiration of this Agreement.
13. Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by City’s Risk Manager. The following policies of insurance are required:
a. COMMERCIAL GENERAL LIABILITY insurance, which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage, and personal and advertising injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability (including indemnity obligations under this Agreement), with limits of liability of not less than $1,000,000 per occurrence for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $1,000,000 aggregate for products and completed operations, and $1,000,000 general aggregate.
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b. COMMERCIAL AUTOMOBILE LIABILITY insurance, which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Section 1, subsection A.1 entitled “Any Auto”), with combined single limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.
c. PROFESSIONAL LIABILITY (Errors and Omissions) insurance appropriate to the respective person's profession (applicable only to those subcontractors who are providing Professional Services to Subdivider), with limits of liability of not less than $1,000,000 per claim/occurrence and $1,000,000 policy aggregate. d. WORKERS' COMPENSATION insurance as required under the California Labor Code.
e. EMPLOYERS’ LIABILITY with minimum limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
Subdivider shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Subdivider shall also be responsible for payment of any selfinsured retentions.
The above described policies of insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of City of policy cancellation of coverage, except for the Workers' Compensation policy which shall provide a 10 calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, Subdivider shall provide a new certificate evidencing renewal of such policy(ies) not less than 15 calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, Subdivider shall file with City a new certificate and all applicable endorsements for such policy(ies).
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Subdivider’s insurance shall be primary and no contribution shall be required of City. In the event claims-made forms are used for any Professional Liability coverage, either (i) the policy(ies) shall be endorsed to provide not less than a five (5) year discovery period, or (ii) the coverage shall be maintained for a
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minimum of five (5) years following the termination of this Agreement and the requirements of this Section relating to such coverage shall survive termination or expiration of this Agreement.
Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees and volunteers.
Subdivider shall have furnished City with the certificate(s) and applicable endorsements for ALL required insurance prior to City's execution of the Agreement.
Subdivider shall furnish City with copies of the actual policies upon the request of City Attorney or the City Clerk at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement.
The fact that insurance is obtained by Subdivider or his/her/its subcontractors shall not be deemed to release or diminish the liability of Subdivider or his/her/its subcontractors including without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City, its officers, officials, agents, employees and volunteers, shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Subdivider or his/her/its subcontractors. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Subdivider, its principals, officers, agents, employees, persons under the supervision of Subdivider, vendors, suppliers, invitees, subcontractors, consultants or anyone employed directly or indirectly by any of them.
If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the Director of Public Works for City, or his/her designee, may order that Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to insure that public health and safety is protected. All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement.
If Subdivider should subcontract all or any portion of the services to be performed under this Agreement, Subdivider shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements
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shall be on file with Subdivider and City prior to the commencement of any work by the subcontractor.
14. Payment for Materials and Supplies. Subdivider and Subdivider’s subcontractors shall pay for any materials, provisions, and other supplies used in, upon, for, or about the performance of the Improvements contracted to be done, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor and shall file with City pursuant to Section 3800 of the California Labor Code, as may be amended, a Certificate of Workers Compensation and shall maintain a valid policy of Workers Compensation Insurance for the duration of the period of construction.
15. Compaction and Materials Testing. Compaction and other materials testing performed for determination of compliance with the Public Works Standards shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by Subdivider.
16. Work by Subdivider. It shall be the responsibility of Subdivider to coordinate all work done by Subdivider’s contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of City be placed in the position of making decisions that are the responsibility of Subdivider. It shall further be the responsibility of Subdivider to give the City Engineer written notice not less than two working days in advance of the actual date on which work is to be started.
Failure on the part of Subdivider to notify the City Engineer may cause delay for which Subdivider shall be solely responsible.
17. Inspections. Whenever Subdivider varies the period during which work is carried on each day, Subdivider shall give due notice to the City Engineer so that proper inspection may be provided. If Subdivider fails to duly notify City as herein required, any work done in the absence of the City Engineer will be subject to rejection. Inspection of the Improvements by City shall not relieve Subdivider of any obligation to fulfill the Agreement as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City Engineer or City Inspector and accepted.
18. Street Surfacing and Underground Facilities. Concrete curbs and gutters, the sanitary sewer system and house connections, together with water mains, gas mains, and their
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respective service connections, and all other facilities required to be installed underground shall be completed in the streets and alleys before installation of street and alley surfacing.
19. Compliance with Conditions of Approval; Easements. In addition to the Covenants affecting land development, if any, Subdivider shall comply with all Conditions of Approval set forth in the Conditions of Approval for Tentative Map No. 20-01 dated March 24, 2021, and any amendments thereto, not already fully completed or performed as of the date of the approval of the Final Map and which are not otherwise set forth in this Agreement. Compliance shall include, but is not limited to, any condition to convey to a specific party a fee interest or easement in any parcels in the Subject Property upon Subdivider’s completion of all required improvements to said parcels. Subdivider’s compliance with such conditions shall be completed within a reasonable time as determined by City, in City’s sole discretion, commencing upon the City Engineer sending written notice to Subdivider of the outstanding condition and time in which Subdivider is required to comply, and Subdivider shall timely comply.
20. Compliance with Law. In performing obligations set forth in this Agreement, Subdivider shall comply with all applicable laws, ordinances, codes, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. It shall be the sole responsibility of Subdivider to determine whether to pay prevailing wages for any or all work required by this Agreement. As a material part of this Agreement, Subdivider agrees to assume all risk of liability arising from any decision not to pay prevailing wages for work required by this Agreement. Subdivider shall indemnify, defend, and hold harmless City and its officials and employees against any failure to comply with such laws, ordinances, codes, regulations, and rules. Subdivider shall comply with the codes or ordinances of City including the City Code and Building Codes.
21. Enforcement of Obligations. City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage.
22. Limitations of Legal Acts. Except as provided by the Section entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Subdivider’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.
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23. Attorney’s Fees and Legal Expenses. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Agreement, “attorneys’ fees” and “legal expenses” include, without limitation, paralegals’ fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party’s attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as “attorneys’ fees” or as “costs” under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys’ fees.
24. Obligation Running With Land. This Agreement shall burden the Subject Property described and constitute a covenant running with the land in favor of and for the benefit of City shall be binding upon the successors, transferees, and heirs of Subdivider. Subdivider consents to the recordation of this Agreement with the Sutter County Recorder.
25. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
26. Successor Statutes Incorporated. All references to a statue or ordinance shall incorporate any or all successor statute or ordinance enacted to govern the activity now governed by the statute or ordinance, noted herein to the extent, however, that incorporation of such successor statute or ordinance does not adversely affect the benefits and protections granted to Subdivider under this Agreement.
27. Incorporation of Attachments: All recitals and attachments to this Agreement, including all Exhibits referenced herein, and all subparts thereto, are incorporated herein by this reference.
28. Time is of the Essence. Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns.
29. No Assignment. No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by Subdivider without the written consent of City.
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30. Captions. Section, paragraph and other captions or headings contained in this Agreement are inserted as a matter of convenience and for reference, and in no way define, limit, extend or otherwise describe the scope or intent of the Agreement or any provision hereof and shall not affect in any way the meaning or interpretation of this Agreement.
31. Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist.
32. Severable Provisions. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect.
33. Release of Conditions. The conditions and obligations of this Agreement shall remain in full force and effect until such time as City’s Director of the Department of Public Works issues a written release finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such release with the Sutter County Recorder.
34. Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Sutter County, California.
35. Acknowledgement of Content. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Subdivider. ****
[Signatures on Next Page]
Subdivision Agreement
Final Map of Faith Court Subdivision
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement
CITY OF YUBA CITY,
a General Law City
By:
Diana Langley, City Manager
ATTEST
By: _______
Ciara Wakefield, Deputy City Clerk
Dated: ______________________
APPROVED AS TO FORM:
By:
Shannon L. Chaffin,
SUBDIVIDER
Faith, LLC, a California
Limited Liability Company
By:
Kurt G. Hilbers
Dated:_________________________
*(Attach Notary Acknowledgments)
City Attorney
Attachments:
Exhibit A: Planning Commission Resolution No. PC 21-04 – Conditions of Approval Exhibit B: Impact Fees and Other Fees Due Payable by Subdivider Exhibit C: Fee Credits and Reimbursements Payable by City
EXHIBIT A
PLANNING COMMISIION RESOLUTION NO. PC 21-04
CONDITIONS OF APPROVAL
1 CITY OF YUBA CITY
CONDITIONS OF APPROVAL
& MITIGATION MEASURES
TENTATIVE SUBDIVISION MAP 20-01
MARCH 24, 2021
FAITH COURT
APNs: 62-420-001 through 62-420-010 & -012
NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within ninety (90) calendar days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.
IMPORTANT: PLEASE READ CAREFULLY
Please note that this project is subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through tentative subdivision map review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment.
Discretionary conditions of approval may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings can be made.
All discretionary conditions of approval will ultimately be deemed mandatory unless appealed by the applicant to the City Council within 10 days after the decision by the Planning Commission. In the event you wish to appeal the Planning Commission’s decision or discretionary conditions of approval, you may do so by filing a written appeal with the City Clerk. The appeal shall state the grounds for the appeal and wherein the Commission failed to conform to the requirements of the zoning ordinance. This should include identification of the decision or action appealed and specific reasons why you believe the decision or action appealed should not be upheld.
These conditions are applicable to any person or entity making use of this tentative subdivision map, and references to “developer” or “applicant” herein also include any applicant, property owner, owner, leasee, operator, or any other person or entity making use of this tentative subdivision map.
CONDITIONS OF APPROVAL
1. The applicant/property owner agrees to defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, damages, liability
2 or actions arising out of or connected with this Agreement, except to the extent such liabilities are caused by actions of the City.
2. The lot design on the subdivision map shall be designed in conformance with TSM 20-01, in accordance with City Standards, and as approved by the Planning Commission.
3. The development and operation of the project shall comply with all CEQA mitigation measures identified in Environmental Assessment 20-01 dated March 4, 2021.
4. To help contain fugitive dust, construction sites shall be watered down by the Developer during the construction phase of the project or as directed by the Public Works Department.
5. Paved streets shall be swept frequently by the Developer during the construction phase (water sweeper with reclaimed water recommended; wet broom) if soil material has been carried onto adjacent paved, public thoroughfares from the project site.
6. The Developer shall be solely responsible for all quality control associated with the project. The quality control shall include, but is not limited to, the following: survey work, potholing existing utilities, all geotechnical testing, soil reports, concrete testing, asphalt testing, and any other required special testing/inspections. The City will only perform necessary testing to assure compliance.
7. Storage of construction material is not allowed in the travel way.
8. The City shall be responsible for the maintenance of the water main under Faith Court, the fire hydrants, and the water services to, and including, the meter.
9. Fire hydrants are to be installed in accordance with the Fire Department’s requirements.
10. A Subdivision Agreement outlining the obligations of the Developer regarding any costs (hot tap, connection fee, fair share contribution, etc.), dedications, and improvements associated with the development shall be accepted by the City prior to recordation of map.
11. The Post Construction Statement of Responsibility shall be recorded at the Sutter County Recorder’s Office prior to recordation of map.
12. The contractor shall obtain an Encroachment Permit from the City prior to performing any work within public rights of way.
PRIOR TO ISSUANCE OF A GRADING PERMIT
13. The improvement plans for the development of the subject property shall include all measures required to ensure that no increased drainage runoff resulting from the development of the property flow onto the adjacent lands or that the development will not impede the drainage from those properties. The rear yards and/or side yards of the lots that are created by this subdivision that are adjacent to existing residential development shall have the same finish grade elevation as those lots within tolerances as approved by the Public Works Department. If retaining walls are required they shall be constructed of concrete or masonry block.
3 PRIOR TO APPROVAL OF THE IMPROVEMENT PLANS
14. Obtain all necessary approvals from City, State, and Federal agencies, utilities and other effected parties that are required for the project including, but not limited to, the preparation of drawings, studies, reports and permit applications, and payment of fees. Prior to City approval of Improvement Plans the Developer shall provide evidence, to the satisfaction of the Public Works Department, that all such obligations have been met.
15. The design of the 6-foot-high decorative masonry block wall shall be placed in accordance with the City Zoning Code along Monroe Road and the southerly portion of the residential subdivision. The wall shall be approved by the Development Services Director prior to construction.
16. The make and model of the private security gate opener shall be noted on the improvement plans. In addition, the location of the gate shall meet the requirements of the Fire Department.
17. The Developer shall comply with all City requirements related to drainage, including submittal of a drainage plan for any drainage improvements for the proposed development. A drainage analysis, along with calculations, shall be submitted to the City Engineer for approval. The analysis shall include, but is not limited to:
a. Grading and drainage plan showing the proposed drainage conveyance and storage system;
b. Supporting calculations demonstrating adequacy of conveyance capacity and storage volume;
c. Storm Drain Collection Systems- For the design of all pipeline conveyance facilities, the Hydraulic Grade Line (HGL) shall be maintained a minimum of one foot below the gutter flow line of all drain inlets and at least one foot below all maintenance hole rims during a 10-year, 24-hour storm event. The storm drain minimum pipe size shall be 12 inches. The minimum velocity shall be 2 fps. The above design shall be determined with criteria approved by the Public Works Department.
d. Street Flow-The street system shall be designed to convey the 100-year , 24- hour runoff while maintaining a water surface at least 1 foot below the adjacent building pad elevations (or alternatively, the building pad elevations shall be at least 1 foot above the 100-year water level). The grading plan shall ensure that the 100-year, 24-hour runoff can be conveyed through the development and to the receiving drainage facility. The above design shall be determined with criteria approved by the Public Works Department.
e. Drainage systems (pipes and street systems) shall be designed to accommodate the runoff from the development.
f. Detention Basins - A 100-year, 24-hour storm shall be used for sizing any detention basin(s) included in the approved drainage plan detention storage facilities. The detention basin release rate from any such detention basin(s) during a 100-year, 24-hour storm after development must be equal to or lower than the runoff rate from the detention basin's tributary area before development. The Developer can provide a drainage study addressing storm water mitigation through onsite storage (Phase 2 State Water Resources Control Plan – 80% of two-year storm), perforated pipes, and oversizing storm drainage pipes upon approval of the Public Works Director to eliminate need for a detention pond.
4 g. The Drainage Study shall be completed and stamped by a Professional Engineer and determined by the City Engineer and the Sutter County Water Agency Engineer to be comprehensive, accurate, and adequate.
18. The Developer shall comply with all Sutter County requirements related to drainage, including submittal of a drainage plan for any drainage improvements that utilize County facilities for approval by Sutter County Public Works Director.
19. The development shall comply with Yuba City’s stormwater requirements and PostConstruction Standards Plan including any applicable Statements of Responsibility and Self-Certification Annual Reports. The Post Construction information can be found here:
https://www.yubacity.net/city_hall/departments/public_works/engineering/stormwate r_management
20. All development shall be designed to local, state, and federal flood standards.
21. The structural section of all road improvements shall be designed using the CalTrans empirical R-value method. A geotechnical investigation shall determine the R-value of the existing soil in accordance with the CalTrans Highway Design Manual. The structural section shall be designed to the following standards:
a. Use 3” minimum for residential, 4” minimum for collectors and 5” minimum for arterials, of ‘Type A’ asphaltic concrete over Class 2 aggregate base (the thickness of the base shall be designed to the R-value of the soil) b. Use a traffic index of 6 for residential streets
c. Use a traffic index of 7 for collector streets
d. Use a traffic index of 10 for arterial streets
A copy of the geotechnical investigation, including R-value determination, test locations and structural section calculations, shall be submitted with the first improvement plan check.
22. Striping, pavement markings and traffic signage shall be provided on all streets as necessary and as required by the Public Works Department. Signage restricting parking and red painted curbing shall be installed where appropriate.
23. The public street lighting on Monroe Road shall meet the City Standard Details and be included in the Improvement Plans and Specifications for the subdivision when the improvement plans are submitted for the first improvement plan check.
24. The Improvement Plans shall show provisions for the placement of centralized mail delivery units in the PUE. Developer shall provide a concrete base for placement of the centralized mail delivery unit. Specifications and location of such base shall be determined pursuant to the applicable requirements of the Postal Service with due consideration for street light location, traffic safety, security and consumer convenience.
25. Required Improvement Plan Notes:
a. "Any excess materials shall be considered the property of the contractor/owner and shall be disposed of away from the job site in accordance with applicable local, state and federal regulations."
5 b. "During construction, the Contractor shall be responsible for controlling noise, odors, dust and debris to minimize impacts on surrounding properties and roadways. The Contractor shall be responsible for all construction equipment to be equipped with manufacturers approved muffler baffles. Failure to do so may result in the issuance of an order to stop work.”
c. “If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Sutter County Environmental Health Department, the Fire Department, the Police Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies.”
d. "The Contractor(s) shall be required to maintain traffic flow on affected roadways during non-working hours, and to minimize traffic restriction during construction. The Contractor shall be required to follow traffic safety measures in accordance with the “California Manual of Uniform Traffic Control Devices, latest edition.” The City of Yuba City emergency service providers shall be notified, at least two working days in advance, of proposed construction scheduled by the contractor(s).”
e. “Soil shall not be treated with lime or other cementitious material without prior express permission by the Public Works Department.”
f. “Where an excavation for a trench and/or structure is five (5) feet deep or more, the contractor shall conform to O.S.H.A. requirements. The contractor shall provide a copy of the approved O.S.H.A. permit, and shoring details and calculations prepared by California licensed structural engineer to the Public Works Department, prior to beginning construction.”
PRIOR TO ACCEPTANCE OF THE PUBLIC IMPROVEMENTS
26. Monroe Drive shall be widened, centerline to back of curb, to a half-width of 21.5 feet.
Right-of-way shall be dedicated to a width of 26.0 feet. Frontage improvements shall include street section, rolled curb, gutter, 4.0-foot-wide sidewalk, and streetlights. A
12.0-foot-wide Public Utility Easement (PUE) shall be located adjacent to the sidewalk with 2.0 foot located underneath the sidewalk, or as otherwise determined by the Public Works Director.
27. Faith Court shall be designed to a width of 37.0 feet back-of-curb to back-of-curb with parking permitted on both sides. A PUE shall be dedicated to a width of 62.0 feet; with the PUE extending 12.0 feet beyond the property line on each side of Parcel A.
Construction shall include rolled curb and gutters, and streetlights.
28. A 6-foot-high decorative masonry block wall shall be constructed along the north/east property line of Lot 1, the south property line of Lots 8 thru 10, the east property line of Lot 10, and the north/west line of Lot 17 as said lots are shown on the Tentative Map, or as otherwise determined by the Development Services Director.
29. A gate opener shall be installed on the private security gate that meets the requirements of Yuba City Fire Department and Public Works Director.
30. Prior to final paving, the Developer shall vacuum test all manholes to ensure no leakage will occur.
31. Prior to final paving, the Developer shall hydroflush, and video record, all storm drain mains and all sewer mains. In addition, prior to the City’s acceptance of the
6 subdivision improvements, and at the Public Works Department’s discretion, the storm sewer and sewer mains shall be re-hydroflushed.
32. The contractor shall maintain record drawings of the improvements and keep them on site at all times. When the project is complete, the contractor shall deliver a marked set of plans to the Engineer of Record. The Engineer of Record shall update the improvement plans with the record information. Once the changes have been added to the plans, the Engineer of Record shall submit both an electronic copy (AutoCAD version 2010 or newer) and a hard copy to the City. The City will not accept the completion of the improvements until the electronic copy and hard copy have been submitted.
33. All public street lighting on Monroe Road shall be dedicated to the City of Yuba City.
PRIOR TO FINAL MAP RECORDATION
34. The residential portion of the development shall pay for operations and/or maintenance for police, fire, parks, drainage, and ongoing street maintenance costs.
This condition may be satisfied through participation in a Mello-Roos CFD, by payment of cash in an amount agreed to by the City, by another secure funding mechanism acceptable to the City, or by some combination of those mechanisms.
The City shall be reimbursed actual costs associated with the formation of, or annexation to, the district.
35. The property shall petition for formation of a Zone of Benefit of the Yuba City Lighting Maintenance District for the purpose of maintaining the public street lights on Monroe Road. The Engineering Division shall be reimbursed actual costs associated with the formation of the district.
36. Faith Court shall be subdivided to establish Parcel A on the final map. Each owner shall be vested equally with an undivided interest in Parcel A.
37. A public utility easement shall be provided covering Parcel A extending 12.0 feet behind the property line.
38. The subdivider shall provide for the maintenance of Parcel A through formation of a homeowner’s association. The documents creating the homeowner’s association shall meet the following requirements:
a. Assignment to the homeowner’s association responsibility for the maintenance of the private street, the private curb and gutters, the storm drain system and sewer system in Faith Court to the connection point with the City’s facilities in Monroe Road, the landscaping, masonry wall, and street trees on Monroe Road, the streetlights on Faith Court, the mail box, the gates, call box, and emergency access systems.
b. Assignment to the homeowner’s association responsibility to monitor and report to the City of Yuba City on activities and violations of any of these conditions, easement restrictions, or any other ordinance, rule or regulation of the City occurring within Parcel A.
c. Statement that the City may, at its option, cause the maintenance of Parcel A to be performed and assess (lien) the cost to the homeowner’s association in the event Parcel A is not maintained in accordance with the City Municipal Code.
7 39. The document creating the homeowner’s association shall be reviewed and approved by the City Attorney for compliance with the above noted conditions prior to recordation of the map.
PRIOR TO ISSUANCE OF A BUILDING PERMIT
40. The Developer’s Superintendent/Representative shall submit three (3) sets of Pacific Gas and Electric approved utility plans showing joint trench locations and distribution lines prior to issuance of first building permit for each phase of construction.
41. Parcels 62-420-001 through -010, and -012 are in Sutter County Zone of Benefit 4.
Connection/capital improvement fees and maintenance/operation fees will be required prior to building permit issuance. Fees are payable at the Sutter County Development Services counter located at 1130 Civic Center Blvd, Yuba City, CA 95993; Phone: 822-7400.
PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY
42. The curb, gutter, sidewalk, and lot drainage shall be inspected and approved by the City. Any curb, gutter and sidewalk which is not in accord with City standards or is damaged before or during construction, shall be replaced. All sidewalks along the City right-of-way shall be free of any non-control joint cracking. In addition, any concrete with cracks, chips, blemishes, and spalling greater than an inch in diameter shall be replaced from control joint to control joint.
43. All street lighting shall be constructed per the Improvement Plans and energized prior to the issuance of any certificate of occupancy.
44. Prior to issuance of any certificate of occupancy, all underground utilities, public improvements, and site improvements, including rough grading, shall be completed in accordance with City requirements.
MITIGATION MEASURES AND MONITORING PLAN
Impact Mitigation Measure Responsible
Party Timing
3.7 Geology
and Soils
Paleontological Mitigation 1: Mitigation
Measure # 1 shall be placed as a note on
the Demolition and Grading Plans. If
paleontological resources are found, the
construction manager shall halt all activity
and immediately contact the Development
Services Department @ 530-822-4700.
Mitigation shall be conducted as follows:
1. Identify and evaluate
paleontological resources by
intense field survey where impacts
are considered high;
2. Assess effects on identified sites;
3. Consult with the
institutional/academic
Developer,
Public Works
Dept.,
Development
Services Dept.
During
construction
phase
8 paleontologists conducting
research investigations within the
geological formations that are
slated to be impacted;
4. Obtain comments from the
researchers;
5. Comply with researchers’
recommendations to address any
significant adverse effects where
determined by the City to be
feasible.
In considering any suggested
mitigation proposed by the consulting
paleontologist, the City’s Community
Development Department Staff shall
determine whether avoidance is
necessary and feasible in light of
factors such as the nature of the find,
project design, costs, Specific or
General Plan policies and land use
assumptions, and other
considerations. If avoidance is
unnecessary or infeasible, other
appropriate measures (e.g., data
recovery) shall be instituted. Work may
proceed on other parts of the project
site while mitigation for paleontological
resources is carried out.
3.8. Greenhouse
Gases
Greenhouse Gas Mitigation 1: The
site grading and construction of the retail
center shall comply with the GHG
Reduction Measures provided in the
adopted Yuba City Resource Efficiency
Plan.
Development
Services Dept. Prior to
issuance of
building
permits.
3.18. Tribal
Cultural
Resources
Tribal Cultural Resources Mitigation
1: In the event that previously
undetected cultural materials (i.e.
prehistoric sites, historic features,
isolated artifacts, and features such as
concentrations of shell or glass) are
discovered during construction, work in
the immediate vicinity should
immediately cease and be redirected
to another area until the Auburn Indian
Community of the Auburn Rancheria is
re-contacted and allowed the
opportunity to consult under AB 52.
Further, a qualified archaeologist that
meets the Secretary of the Interior’s
Developer,
Public Works
Dept.,
Development
Services Dept.
During
construction
phase
9 Professional Qualifications Standards
in prehistoric or historic archaeology
inspects and assesses the find. The
City shall consider further
recommendations as presented by the
professional and implement additional
measures as necessary to protect and
preserve the particular resource. Such
measures may include avoidance,
preservation in place, excavation,
documentation, curation, data
recovery, or other appropriate
measures.
Tribal Cultural Resources Mitigation
2: If human remains are uncovered, or
in any other case where human
remains are discovered, the Sutter
County Coroner, as appropriate, is to
be notified to arrange their proper
treatment and disposition. If the
remains are identified – on the basis of
archaeological context, age, cultural
associations, or biological traits – as
those of a Native American, California
Health and Safety Code 7050.5 and
Public Resource Code 5097.98 require
that the coroner notify the NAHC within
24-hours of discovery. The NAHC will
then notify the most likely descendant, who may recommend treatment of the remains.
Tribal Cultural Resources Mitigation
3: Should artifacts or unusual amounts
of bone or shell be uncovered during
demolition or construction activity all
work shall be stopped and a qualified
archeologist shall be contacted for on-
site consultation. Avoidance
measures or appropriate mitigation
shall be completed according to CEQA
guidelines. The State Office of Historic
Preservation has issued
recommendations for the preparation
of Archeological Resource
Management Reports, which shall be
used for guidelines. If a bone appears
to be human, California law mandates
that the Sutter County Coroner and the
Native American Heritage Commission
be contacted.
EXHIBIT B
IMPACT FEES AND OTHER FEES PAYABLE BY SUBDIVIDER
In accordance with this Agreement, and also in accordance with applicable provisions of the Yuba City Municipal Code, it has been determined that Subdivider shall pay the following fees a minimum of ten (10) calendar days prior to the date of Council action on the Agreement, and prior to issuance of any building permits for the subject development.
(1) Public Improvement Plan Check and Inspection Fee:
3% of the estimated total construction cost
$1,313,455.00 x .03 = $39,403.65
Fees on Building Permit BLD21-01218 $5,665.60
(1 – 8” hot tap)
SUBTOTAL (1) $45,069.25
(2) Sewer Extension Fees
Developer constructing onsite sewer main. $0.00
(3) Sewer Connection Fees (per Section 6-5.504 Municipal Code) Deferred until application for building permits are filed. $0.00 (4) Water Extension Fees
Developer constructing onsite water main. $0.00
(5) Water Connection Fees (per Section 6-6.05 Municipal Code) Deferred until application for building permits are filed. $0.00 SUBTOTAL (2) $0.00
(6) Drainage Fees (per Sutter County Zones of Benefit No. 4) Deferred until application for building permits are filed. $0.00 SUBTOTAL (3) $0.00
TOTAL FEES PAYABLE BY SUBDIVIDER
SUBTOTAL (1) + SUBTOTAL (2) + SUBTOTAL (3) $45,069.25
EXHIBIT C
FEE CREDITS AND REIMBURSEMENTS PAYABLE BY CITY
NONE
EXHIBIT B
ATTACHMENT 2
20 MONROE RD
R
O
Y
O
R
ANCHER
O
D
R
COLUSA FRONTAGE RD
GRANITE DR
STONEGATE DR
D
ONA
WAY
MONROE DR
PARIS WAY
GEO
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GE WASH NI GTON BLV
D
MONROE RD
COLUSA FRONTAGE RD
20 Figure 1: Location Map: Faith Ct
Tentative Subdivision Map 20-01
Project Site
1 inch = 300 feet
Agenda Item 5
CITY OF YUBA CITY
STAFF REPORT
Date: July 19, 2022
To: Honorable Mayor & Members of the City Council
From: Public Works Department
Presentation By: Ben Moody, Public Works & Development Services Director Summary
Subject: Small Wireless Telecommunications Facilities within the City's Right-of-Way Recommendation: Adopt an Ordinance of the City Council of the City of Yuba City adding Chapter 8 Wireless Telecommunications Facilities in the Public Right of Way to Title 6 of the Yuba City Municipal Code by title only and waive the second reading Fiscal Impact: Minimal fiscal impact is anticipated with the implementation of the ordinance.
Installation of wireless facilities would be subject to permit and inspection fees to offset administrative costs with potential lease revenue in the future.
Purpose:
To provide regulatory framework and standards for permitting the installation of small wireless facilities within the City’s right-of-way.
Council’s Strategic Goals:
The ordinance addresses the City Council’s Strategic Goals of Improving Public Safety, be Business Friendly, and regulate infrastructure in the City’s Right-of-Way.
Background:
In recent years wireless telecommunication facilities have evolved into various types of facilities, two types of which are administrative wireless telecommunication facilities and major wireless telecommunication facilities. Major wireless telecommunication facilities are known as “macro-cells”, while the administrative wireless telecommunication facilities are known as “small wireless facilities” (SWFs).
Wireless telecommunication carriers increasingly seek to place SWFs in the City’s public right-of-way on utility poles, streetlights, and new poles. The demand for such wireless installations, particularly SWFs, is expected to grow exponentially over the next several years given the expansion of home streaming video, social media, drones, self-driving cars, and the Internet of Things (IoT) serving homes and businesses. To accommodate this expansion, the telecommunications industry seeks to implement small cell facilities by installing them onto street light poles and other utility poles in the public right-of-way that are well-suited for limited range SWFs.
The Federal Communications Commission (FCC) released a Declaratory Ruling and Third Report and Order (FCC Order) significantly limiting state and local management of SWFs in the public right-of-way. In short,
the FCC Order defines SWFs as follows:
No more than 28 cubic feet in volume for all associated wireless equipment on one structure. Antennas for SWFs shall be no more than 3 cubic feet in volume. Total height cannot be greater than 50 feet or extend higher than 10% above the height of adjacent structures, whichever is greater.
The FCC Order also has caps for all fees that local governments can charge to the actual and reasonable cost of providing service, imposed a review timeline know as a “shot clock” of 60 days for SWFs added to existing structures or 90 days for SWFs proposing a new structure, and FCC preempts all aesthetic requirements for SWFs in the public right-of-way, unless they are feasible, no more burdensome than those applied to other types of infrastructure deployments, and published in advanced.
Analysis:
The attached ordinance provides the regulatory framework and standards for permitting the installation of SWFs within the City’s right-of-way. The proposed ordinance and corresponding design standards have been revised in response to the FCC Order. The proposed ordinance also addresses “eligible facilities requests”— a category of “by-right” installations that were established by the FCC several years ago, but never acknowledged in the City’s current version of Municipal Code. The “eligible facilities request” means any request for modification to an existing eligible support structure that does not substantially change the physical dimensions of such structure.
Permitting for macro and small wireless telecommunication facilities will require a new type of permit, titled a Wireless Telecommunication Facility (WTF) Permit. To address the difference between macro and small wireless telecommunication facilities, the WTF permit will have a supplemental application to classify the facility. The permit also requires the permittee to enter into a Master License Agreement (MLA) with the City to establish annual fees for SWF's placed in the City's Right of Way. The MLA and fee resolution will be separately presented at a subsequent meeting.
Fiscal Impact:
Minimal fiscal impact is anticipated with the implementation of the ordinance. Installation of wireless facilities would be subject to permit and inspection fees to offset administrative costs. There may also be the potential for lease revenue at some future date.
Alternatives:
Direct staff to modify the ordinance language or do not move forward with an ordinance at this time, resulting in the City of Yuba City restricting its rights to enforce standards and regulations for wireless telecommunication facilities and structures in the public right-of-way.
Recommendation:
Adopt an Ordinance of the City Council of the City of Yuba City adding Chapter 8 Wireless Telecommunications Facilities in the Public Right of Way to Title 6 of the Yuba City Municipal Code by title only and waive the second reading.
Attachments:
1. Small Wireless Telecommunications Facilities Ordinance - Final Draft 7.12.2022 Prepared By: Submitted By:
William J Jow Diana Langley
Assistant Engineer City Manager
1 ORDINANCE NO. _________
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUBA CITY ADDING CHAPTER 8 (WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT OF WAY) TO TITLE 6 OF THE YUBA CITY MUNICIPAL CODE
WHEREAS, the City Council of Yuba City (“City”) is authorized by the California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the City Council has adopted the Yuba City Municipal Code, which it periodically updates to protect the public health, safety, and welfare; and WHEREAS, City Council desires to update and amend the Yuba City Municipal Code Title 6 to include Chapter 8 in a fair manner that best addresses the public health, safety, and welfare.
NOW THEREFORE, the City Council of the City of Yuba City does ordain as follows:
Section 1. The above recitals are all true and correct and are hereby adopted as findings.
Section 2. The proposed ordinance was assessed in accordance with the authority and criteria contained in CEQA, the State CEQA Guidelines (“CEQA Guidelines”), and the environmental regulations of the City. The City Council finds and determines that the proposed ordinance is not a “project” for the purposes of CEQA and consistent with CEQA Guidelines Section 15378, as it promotes environmental conditions by providing improved processes and programs for the collection and treatment of wastewater, and will not result in direct or indirect substantial, adverse physical changes in the environment as compared to the current baseline.
Additionally, the City Council finds and determines for the same reasons that even if the proposed ordinance were a project for the purposes of CEQA, there is no possibility that this project may have a significant adverse effect on the environment pursuant to CEQA Guidelines, Section 15061(b)(3). Therefore, the proposed ordinance is not subject to CEQA.
Section 3. Chapter 8 (Wireless Telecommunications Facilities in the Public Right of Way) is hereby added to Title 6 of the Yuba City Municipal Code and is to read in its entirety as follows:
Chapter 8 – WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHTOF-WAY Sec. 6-8.01 – PURPOSE.
The purpose and intent of this chapter is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities in the City’s public right-of-way. These regulations are intended to prescribe clear and reasonable criteria to assess and process applicationsin a consistent and expeditious manner, while reducing the impacts associated with wireless telecommunications facilities. This chapter provides standards necessary (1) for the preservation of the public right-of-way (“PROW”) in the City for the maximum benefit and use of the public, (2) to promote and protect public health and safety, community welfare, visual resources and the aesthetic quality of the City consistent with the goals, objectives and policies of the general plan, (3) to provide for the orderly, managed and efficient development of wireless telecommunications facilities in accordance with the state and federal laws, rules and regulations,
2 including those regulations of the Federal Communications Commission (“FCC”) and California Public Utilities Commission (“CPUC”), and (4) to ensure that the use and enjoyment of the PROW is not inconvenienced by the use of the PROW for the placement of wireless facilities. The City recognizes the importance of wireless facilities to provide high-quality communications service to the residents and businesses within the City, and the City also recognizes its obligation to comply with applicable Federal and State laws. This chapter shall be constructed and applied in consistency with the provisions of state and federal laws, and the rules and regulations of FCC and CPUC. In the event of any inconsistency between any such laws, rules and regulations and this chapter, the laws, rules, and regulations shall control.
Sec. 6-8.02 – DEFINITIONS.
(a) “Accessory equipment” means any and all on-site equipment, including, without limitation, back-up generators and power supply units, cabinets, coaxial and fiber optic cables, connections, equipment buildings, shelters, radio transceivers, transmitters, pedestals, splice boxes, fencing and shielding, surface location markers, meters, regular power supplyunits, fans, air conditioning units, cables, and wiring, to which an antenna is attached in order to facilitate the provision of wireless telecommunication services.
(b) “Antenna” means that specific device for transmitting and/or receiving radio frequency or other signals for purposes of wireless telecommunications services. “Antenna” is specific to the antenna portion of a wireless telecommunications facility.
(c) “Antenna array” shall mean two or more antennas having active elements extending in one or more directions, and directional antennas mounted upon and rotated through a vertical mast or tower interconnecting the beam and antenna support, allof which elements are deemed to be part of the antenna. (d) “Base station” shall have the meaning as set forth in Title 47 Code of Federal Regulations (C.F.R.) Section 1.6100(b)(1), or any successor provision. This means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network (regardless of the technological configuration, and encompassing DAS and small wireless facilities). “Base station” does not encompass a tower or any equipment associated with a tower. Base station includes, without limitation:
(1) Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wirelessservices and fixed wireless services such as microwave backhaul. (2) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small wireless facilities).
(3) Any structure other than a tower that, at the time the relevant application is filed with the City under this chapter, supports or houses equipment described in paragraphs 1 and 2 of this definition that has been reviewed and approved under the applicable zoning or siting process, or under anotherstate or local regulatory review process, even if the structure was
3 not built for the sole or primary purpose of providing that support. (4) “Base station” does not include any structure that, at the time the relevant application is filed under this chapter, does not support or house equipment described in paragraphs 1 and 2 of this definition. Other structures that do not host wireless telecommunications facilities are not “base stations.” As an illustration and not a limitation, the FCC’s definition of “base station” refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility poles, light standards, or traffic signals. A structure without wireless equipment replaced with a new structure designed to bear the additional weight from wireless equipment constitutes a base station.
(e) “Cellular” means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites. (1) “City” means the City of Yuba City.
(2) “Code” means the City of Yuba City Municipal Code.
(3) “Collocation” bears the following meanings:
For the purposes of any eligible facilities request, the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as “[t]hemounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.” As an illustration and not a limitation, the FCC’s definition means to add transmission equipment to an existing facility and does notnecessarily refer to two or more different facility operators in the same location; and
(f) For all other purposes, the same as defined in 47 CFR 1.6002(g)(1) and (2), as may be amended, which defines that term as (1) Mounting or installing an antenna facility on a pre-existing structure, and/or (2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. (g) “Collocation facility” means the eligible support structure on, or immediately adjacent to, which a collocation is proposed, or a wireless telecommunications facility that includes collocation facilities. (See, Gov. Code, § 65850.6(d)(1).) (h) “COW” means a “cell on wheels,” which is a portable, self-contained wireless telecommunications facility that can be moved to a location and set up to provide wireless telecommunication services, which facility is temporarily rolled in, or temporarily installed, at a location. Under this chapter, the maximum time a facility can be installed to be considered a COW is five (5) days. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.
(i) “Development Services Director” means the director of the Development Services and Engineering Department or their designee.
4 (j) “Distributed antenna system” or “DAS” means a network of spatially separated antennas (nodes) connected to a common source (a hub) via a transport medium (often fiber optics) that provide wireless telecommunications service within a specific geographic area or building. DAS includes the transport medium, the hub, and any other equipment to which the DAS network or its antennas or nodes are connected to provide wireless telecommunication services. (k) “Eligible facilities request” means any request for modification to an existing eligible support structure that does not substantially change the physical dimensionsof such structure, involving:
(1) Collocation of new transmission equipment;
(2) Removal of transmission equipment;
(3) Replacement of transmission equipment (replacement does not include completely replacing the underlying support structure); or (4) Hardening through structural enhancement where such hardening is necessary to accomplish the eligible facilities request, but does not include replacement of the underlying support structure.
(l) “Eligible facilities request” does not include modifications or replacements when an eligible support structure was constructed or deployed without proper local review, was not required to undergo local review, or involves equipment that was not properly approved. “Eligible facilities request” does include collocation facilities satisfying all the requirements for a non-discretionary collocation facilitypursuant to Government Code Section 65850.6.
(m) “Eligible support structure” means any support structure located in the PROW that is existing at the time the relevant application is filed with the City under this chapter.
(n) “Existing” means a support structure, wireless telecommunications facility, or accessory equipment that has been reviewed and approved under the City’s applicable zoning or siting process, or under another applicable state or local regulatory review process, and lawfully constructed prior to the time the relevant application is filed under this chapter. However, a support structure, wireless telecommunications facility, or accessory equipment that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is “existing” for purposes of this chapter. “Existing” does not apply to any structure that (1) was illegally constructed without all proper local agency approvals, or (2) was constructed in noncompliance with such approvals. “Existing” does not apply where an existing support structure is proposed to be replaced in furtherance of the proposed wireless telecommunications facility. (o) “Facility(ies)” means wireless telecommunications facility(ies). (p) “FCC” means the Federal Communications Commission.
(q) “Ground-mounted” means mounted to a pole, tower or other freestanding structure which is specifically constructed for the purpose of supporting an antenna or
5 wireless telecommunications facility and placed directly on the ground at grade level.
(r) “Lattice tower” means an open framework structure used to support one or more antennas, typically with three or four support legs.
(s) “Located within (or in) the public right-of-way” includes any facility which in whole or in part, itself or as part of another structure, rests upon, in, over or under the PROW.
(t) “Modification” means a change to an existing wireless telecommunications facility that involves any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior material. “Modification” does not include repair, replacement or maintenance if those actions do not involve whatsoever any expansion, alteration, enlargement, intensification, reduction, or augmentation of an existing wireless telecommunications facility. (u) “Monopole” means a structure composed of a pole or tower used solely to support antennas or related equipment. A monopole also includes a monopine, monopalm and similar monopoles camouflaged to resemble faux trees or other faux objects attached on a monopole (e.g. water tower).
(v) “Mounted” means attached or supported.
(w) “OTARD antennas” means antennas covered by the “over-the-air reception devices” rule in 47 C.F.R. sections 1.6100 et seq. as may be amended or replaced from time to time.
(x) “Permittee” means any person or entity granted a WTFP pursuant to this chapter. (y) “Personal wireless services” shall have the same meaning as set forth in 47 United States Code Section 332(c)(7)(C)(i).
(z) “Pole” means a single shaft of wood, steel, concrete or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this code.
(aa) “Public Works Director” shall mean the Director of Public Works, or his or her designee.
(bb) “Public right-of-way” or “PROW” means a strip of land acquired by reservation, dedication, prescription, condemnation, or easement that allows for the passage of people and goods. The PROW includes, but is not necessarily limited to, streets, curbs, gutters, sidewalks, roadway medians, and parking strips. The PROW does not include lands owned, controlled or operated by the City for uses unrelated to streets or the passage of people and goods, such as, without limitation, parks, City Hall and community center lands, City yards, and lands supporting reservoirs, water towers, police or fire facilities and non-publicly accessible utilities. (cc) “Replacement” refers only to replacement of transmission equipment, wireless telecommunications facilities or eligible support structures where the replacement
6 structure will be of like-for-like kind to resemble the appearance and dimensions of the structure or equipment replaced, including size, height, color, landscaping, materials and style.
(1) In the context of determining whether an application qualifies as an eligible facilities request, the term “replacement” relates only to the replacement of transmission equipment and does not include replacing the support structure on which the equipment is located.
(2) In the context of determining whether a SWF application qualifies as being placed upon a new eligible support structure or qualifies as a collocation, an application proposing the “replacement” of the underlying support structure qualifies as a new pole proposal.
(dd) “RF” means radio frequency.
(ee) “Spectrum Act” means Section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act of 2012, 47 U.S.C. §1455(a).
(ff) “Substantial change” has the same meaning as “substantial change” as defined by theFCC at 47 C.F.R. 1.6100(b)(7). Notwithstanding the definition above, if an existing pole-mounted cabinet is proposed to be replaced with an underground cabinet at a facility where there are no pre-existing ground cabinets associated with the structure, such modification may be deemed a non-substantial change, in the discretion of the Public Works Director and based upon his/her reasonable consideration of the cabinet’s proximity to residential view sheds, interference to public views and/or degradation of concealment elements. If undergrounding the cabinet is technologically infeasible such that it is materially inhibitive to the project, the may allow for a ground mounted cabinet. A modification or collocation results is a “substantial change” to the physical dimensions of an eligible support structure if it does any of the following:
(1) It increases the height of the structure by more than 10% or more than ten feet, whichever is greater;
(2) It involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; (3) It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets.
However, for towers and base stations located in the public rights-of-way, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
(4) It entails any excavation or deployment outside the current site. For purposes of this Subsection, excavation outside the current site occurs where excavation more than twelve feet from the eligible support structure is proposed;
7 (5) It defeats the concealment or stealthing elements of the eligible support structure; or
(6) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure, provided however that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in paragraphs 1 through 4 of this definition.
(7) For all proposed collocations and modifications, a substantial change occurs when:
(gg) The proposed collocation or modification involves more than the standard numberof new equipment cabinets for the technology involved, but not to exceed four equipment cabinets;
(hh) The proposed collocation or modification would defeat the concealment elements of the support structure; or
(ii) The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval that is inconsistent with the thresholds for a substantial change described in this Section.
The thresholds and conditions for a “substantial change” described in this Section are disjunctive such that the violation of any individual threshold or condition results in a substantial change. The height and width thresholds for a substantial change described in this Section are cumulative for each individual support structure. The cumulative limit is measured from the physical dimensions of the original structure for base stations, and for all other facilities sites in the PROW from the smallest physical dimensions that existed on or after February 22, 2012, inclusive of originally approved-appurtenances and any modifications that were approved prior to that date. (jj) “Support structure” means a tower, pole, base station or other structure used to supporta wireless telecommunications facility.
(kk) “SWF” means a “small wireless facility” as defined by the FCC in 47 C.F.R. 1.6002(l) as may be amended, which are personal wireless services facilities that meet all the following conditions that, solely for convenience, have been set forth below:
(1) The facility:
i. Is mounted on an existing or proposed structure 50 feet or less in height, including antennas, as defined in Title 47 C.F.R. Section
1.1320(d); or
ii. Is mounted on an existing or proposed structure no more than 10 percent taller than other adjacent structures, or
iii. Does not extend an existing structure on which it is located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
8 (2) Each antenna associated with the deployment, excluding associated antennaequipment (as defined in the definition of antenna in 47 C.F.R.
Section 1.1320(d)), is no more than three cubic feet in volume; i. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
ii. The facility does not require antenna structure registration under 47 C.F.R. Part 17, Section 17.4;
iii. The facility is not located on Tribal lands, as defined under Title 36 C.F.R. Section 800.16(x); and
iv. The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in Title 47 C.F.R. Section 1.1307(b).
(ll) “SWF Regulations” means those regulations adopted by the City Council (City Council Policy No. 21-102) implementing the provisions of this chapter applicable to SWFs and further regulations and standards applicable to SWFs. (mm) “Telecommunications tower” or “tower” bears the meaning ascribed to wireless towers by the FCC in 47 C.F.R. § 1.6100(b)(9), including without limitation a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower, or other structure designed and built for the sole or primary purpose of supporting any FCClicensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including,but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles. (nn) “Transmission equipment” means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
(oo) “Utility pole” means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission. A telecommunications tower is not a utility pole.
(pp) “Wireless telecommunications facility” means equipment and network components such as antennas, accessory equipment, support structures, and emergency power systems that are integral to providing wireless telecommunications services.
Exceptions: The term “wireless telecommunications facility” does not apply to the following:
9 (1) Government-owned and operated telecommunications facilities. (2) Emergency medical care provider-owned and operated
telecommunicationsfacilities.
(3) Mobile services providing public information coverage of news events of a temporary nature.
(4) Any wireless telecommunications facilities exempted from this code by federal law or state law.
(qq) “Wireless telecommunications services” means the provision of services using a wireless telecommunications facility or a collocation facility, and shall include, but not limited to, the following services: personal wireless services as defined in the federal Telecommunications Act of 1996 at 47 U.S.C. § 332(c)(7)(C) or its successor statute, cellular service, personal communication service, and/or data radio telecommunications.
(rr) “WTFP” means a “wireless telecommunications facility permit” required by this chapter.
Sec 6-8.03 – APPLICABILITY.
(a) This chapter applies to the siting, construction or modification of any and all wireless telecommunications facilities proposed to be located in the public rightof-way as follows:
(5) Pre-existing Facilities in the ROW. Nothing in this chapter shall validate any existing illegal or unpermitted wireless facilities. All existing wireless facilities shall comply with and receive a wireless encroachment permit, when applicable, to be considered legal and conforming.
(b) This chapter does not apply to the following:
(1) Amateur radio facilities;
(2) OTARD antennas;
(3) Facilities owned and operated by the City for its use or for public safety purposes;
(4) Any entity legally entitled to an exemption pursuant to state or federal law or governing franchise agreement;
(5) Installation of a COW or a similar structure for a temporary period in connection with an emergency or event at the discretion of the Public Works Director, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities;
(6) Facilities on private property or publicly-owned property not in the public right-of-way.
10 (c) Public use. Except as otherwise provided by state or federal law, any use of the PROW authorized pursuant to this chapter will be subordinate to the City’s use and use by the public.
Sec. 6-8.04 –WIRELESS TELECOMMUNICATIONS FACILITY PERMIT REQUIREMENTS.
(a) Administration. Unless a matter is referred to the planning director as provided below, The Public Works Director is responsible for administering this chapter. As part of the administration of this chapter, the Public Works Director may:
(1) Interpret the provisions of this chapter;
(2) Develop and implement standards governing the placement and modification of wireless telecommunications facilities consistent with the requirements of this chapter, including regulations governing collocation and resolution of conflicting applications for placement of wireless facilities; (3) Develop and implement acceptable design, location, and development standards for wireless telecommunications facilities in the PROW, taking into account the zoning districts bounding the PROW;
(4) Develop forms and procedures for submission of applications for placement or modification of wireless facilities, and proposed changes to any support structure consistent with this chapter;
(5) Collect, as a condition of the completeness of any application, any fee established by this chapter;
(6) Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with federal laws and regulations;
(7) Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;
(8) Require, as part of, and as a condition of completeness of any application, that an applicant for a wireless encroachment permit send notice to members of the public that may be affected by the placement or modification of the wireless facility and proposed changes to any support structure; (9) Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application; and (10) Take such other steps as may be required to timely act upon applications for placement of wireless telecommunications facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.
(b) Administrative Wireless Telecommunications Facilities Permits (“Administrative WTFP”).
11 (1) An Administrative WTFP, subject to the Public Works Director’s approval, may be issued for wireless telecommunications facilities, collocations, modifications or replacements to an eligible support structure that meet the following criteria:
i. The proposal is determined to be for a SWF; or
ii. The proposal is determined to be an eligible facilities request; or iii. Both.
(2) Except in the case of an eligible facilities request, the Public Works Directormay refer, in his/her discretion, any application for an Administrative WTFP to the Development Services Director (c) Special Provisions for SWFs; SWF Regulations. Notwithstanding any other provision of this chapter as provided herein, all SWFs are subject to a permit as specified in the SWF Regulations, which is adopted and may be amended by City Council resolution. All SWFs shall comply with the SWF Regulations, as they may be amended from time to time.
(1) The SWF Regulations are intended to be constructed in consistency with, and addition to, the terms and provisions of this chapter. To the extent general provisions of this chapter are lawfully applicable to SWFs, such terms shall apply unless in contradiction to more specific terms set forth in the SWF Regulations, in which case the more specific terms of the SWF Regulations shall control.
(d) Other Permits Required. In addition to any permit that may be required under this chapter, the applicant must obtain all other required prior permits or other approvals from other Citydepartments, or state or federal agencies. Any permit granted under this chapter is subject to the conditions and/or requirements of other required prior permits or other approvals from other City departments, state or federal agencies.
Building and encroachment permits, and all City standards and requirements therefor, are applicable.
(e) Eligible Applicants. Only applicants who have been granted the right to enter the PROW pursuant to state or federal law, or who have entered into a franchise agreement with the City permitting them to use the PROW, shall be eligible for a WTFP pursuant to this chapter.
Sec. 6-8.05 – APPLICATION FOR WIRELESS TELECOMMUNICATIONS FACILITY PERMITS.
(a) Generally. Unless the SWF Regulations specifically provide otherwise, the applicant shall submit a paper copy and an electronic copy of any application, amendments, or supplements to a WTFP application, or responses to requests for information regarding an WTFP, in accordance with the provisions of this section.
SWF applications shall be governed by any additional terms set forth in the SWF Regulations, and in the event of an inconsistency between the provisions of this Section and the terms of the SWF Regulations, the Regulations shall control.
12 (1) All applications for WTFPs shall be initially submitted to the Public Works Director. In addition to the information required of an applicant for an encroachment permit or any other permit required by this Code, each applicant shall fully and completely submit to the City a written application on a form prepared by the Public Works and published on the City’s website.
Ground mounted equipment, conduit, junction boxes and fiber and electrical connections necessary for and intended for use in the deploymentshall also be specified, to the extent known regardless of whether the additional facilities are to be constructed by the applicant or leased from a third party. Where another party is responsible for installing such electric and fiber utilities, conduits, cables, and related improvements, applicant's construction drawings will include such utilities to the extent known at thetime of application, but at a minimum applicant must indicate how it expectsto obtain fiber and electric service to the small wireless facility. Notwithstanding the foregoing, no ground mounted equipment, conduit, junction boxes or fiber and electrical connections necessary for and intended for use in the deployment shall be installed until a WTFP has been approved or conditionally approved for the deployment.
(b) Application Contents—Administrative WTFPs. The content of the application form for facilities subject to an Administrative WTFP shall be determined by the Public Works Director. Fees and Deposits Submitted withApplication(s). (1) For all WTFPs, application fee(s) and or deposit(s) shall be required to be submitted with any application, as established by City Council resolution and in accordance with California Government Code Section 50030.
Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a WTFP unless paid as a refundable deposit.
(c) Costs. Reasonable costs of City staff, consultant and attorney time (including that of the City Attorney) pertaining to the review, processing, noticing and hearing procedures directly attributable to a WTFP shall be reimbursable to the City. To this end, the , as applicable, may require applicants to enter cost recovery agreement, in a form approved by the City Attorney, or other established trust/deposit accounting mechanism for purposes of obtaining an applicant deposit from which the direct costs of City processing of an application may be drawndown. (d) Effect of State or Federal Law on Application Process. In the event a state or federal law prohibits the collection of any information required by the application. Public Works Director is authorized to omit, modify, or add to that requestfrom the City’s application form in consultation with the City Attorney. Requests for waivers from any application requirement of this Section shall be made in writing to the Public Works Director or designee. The Public Works Director may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the City will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the WTFP sought. All waivers approved pursuant to this Subsection shall be (1) granted only on a casePage 142 of 564 13 by-case basis, and (2) narrowly-tailored to minimize deviation from the requirements of this Code.
(e) Applications Deemed Withdrawn. To promote efficient review and timely decisions, any application governed under this chapter will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantiveresponse to the City on any application within sixty (60) calendar days after the application is deemed incomplete in a written notice to the applicant that identifiesthe missing documents or information and the specific rule or regulation creating the obligation to submit such documents or information. The Public Works Director (as applicable) may, in their discretion, grant a written extension when the applicant submits a written request prior to the sixtieth (60th) day that shows good cause to grant the extension.
(f) Waiver of Applications Superseded by Submission of New Project. If an applicant submits a WTFP application, but substantially revises the proposed facility during the application process prior to any City hearing or decision on such application, the substantially revised application shall be deemed a new application for all processing purposes, including federal shot clocks, and the prior submittals deemed waived and superseded by the substantially revised application. For purposes of this subparagraph, “substantially revised” means that the project as initially proposed has been alternately proposed for a location 300 feet or more from the original proposal or constitutes a substantial change in the dimensions or equipment that wasproposed in the original WTFP application unless the proposed changes were as a result of City requested changes.
(g) Rejection for Incompleteness. WTFPs will be processed, and notices of incompleteness provided, in conformity with state, local, and federal law. If such an application is incomplete, it may be rejected by the Public Works Directorby notifying the applicant in writing and specifying the material omitted from the application.
Sec. 6-8.06 – REVIEW PROCEDURE.
(a) Generally. Wireless telecommunications facilities shall be installed and modified in a manner that minimizes risks to public safety and utilizes installation of new support structures or equipment cabinets in the PROW only after all existing and replacement structure options have been exhausted, and where feasible, places equipment underground, and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located; ensures that installations are subject to periodic review to minimize the intrusion on the PROW; and ensures that the City bears no risk or liability as a result of the installations, and that such use does not inconvenience the public, interfere with the primary uses of the ROW, or hinder the ability of the City or other government agencies to improve, modify, relocate, abandon, or vacate the PROW or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the PROW.
(b) Findings Required for Approval.
(1) Administrative WTFP Applications for SWFs. For WTFP applications proposing a SWF, the Public Works Director, as the case may be, shall
14 approve such application if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings can be made:
i. The facility qualifies as a SWF; and
ii. The facility meets all standards, requirements and further findings as may be specified in the SWF Regulations; and
iii. The facility is not detrimental to the public health, safety, and welfare; and
iv. The facility meets applicable requirements and standards of State and Federal law.
(2) Administrative WTFP Applications for Eligible Facility Requests. For WTFP applications proposing an eligible facilities request, the Public Works Director shall approve such application if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings can be made:
i. That the application qualifies as an eligible facilities request; and ii. That the proposed facility will comply with all generally-applicable laws.
(c) Notice; Decisions. The provisions in this Section describe the procedures for the approval process, and any required notice for a WTFP application. (1) Administrative WTFPs: Notice of a WTFP application for a SWF shall be mailed to owners and occupants of real property surrounding the proposed SWF site in the manner specified in the SWF Regulations. Applications qualifying for eligible facilities requests shall not require notice. (2) Written Decision Required for All WTFP Determinations. Unless otherwise specified for SWF’s in the SWF Regulations, all final decisions made pursuant to this chapter, including those for administratively processed permits and eligible facilities requests, shall be in writing and based on substantial evidence in the written administrative record. Within five days after any decision to grant, approve, deny or conditionally grant a WTFP application, the Public Works Director shall provide written notice including the following:
i. A general explanation of the decision, including the findings required for the decision, if any, and how those findings were supported or not supported by substantial evidence;
ii. A general description of the property involved;
iii. Information about applicable rights to appeal the decision and explanation of how that right may be exercised; and
15 iv. To be given by first class mail to:
a. The project applicant and property owner,
b. Any person who submitted written comments concerning the WTFP,
c. Any person within who has filed a written request with the City to receive such notice, and
d. Adjacent property owners within 300 feet of the WTFP facility.
(3) Once a WTFP is approved, no changes shall be made to the approved planswithout review and approval in accordance with this chapter. (d) Appeals.
(1) Administrative WTFP Appeals. Any person claiming to be adversely affected by an administrative decision pursuant to this chapter may appeal such decision. The appeal will be considered by a hearing officer appointed by the City Manager. The hearing officer may decide the issues de novo and whose written decision will be the final decision of the City. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the wireless facility. Because Section 332(c)(7) of the Telecommunications Act preempts local decisions premised directly or indirectly on the environmental effects of radio frequency (RF) emissions, appeals of the administrative decision premised on the environmental effects of radio frequency emissions will not be considered.
a. Where the administrative decision grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the decision shall be automatically appealed to the hearing officer. All non-automatic appeals by third-parties must be filed within two (2) business days of the written administrative decision, unless the Public Works Director extends the time therefore, and are only appealable by persons who (a) received formal notice of the application pursuant to Section 7.28.60(c), or (b) actively participated in or commented upon the City decision-making process, or (c) otherwise demonstrate that they are directly impacted by aesthetic, safetyrelated or legal impacts attributable to the installation. An extension may not be granted where extension would result in approval of the application by operation of law.
b. Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law. For SWFs, the appeal shall be conducted in accordance with any procedures adopted in the SWF Regulations.
(e) Notice of Shot Clock Expiration. The City acknowledges there are federal and state
16 shot clocks which may be applicable to a proposed wireless telecommunications facility. That is, federal and state law provide time periods in which the City must approve or deny a proposed wireless telecommunications facility. As such, the applicant is required to provide the written notice, which may be by email, of the expiration of any shot clock, which the applicant shall ensure is received by the City (e.g. overnight mail) no later than 10 days priorto the expiration.
Sec. 6-8.07 – DESIGN AND DEVELOPMENT STANDARDS.
(a) SWF Design and Development Standards. SWFs are subject to those design and development standards and conditions of approval set forth in the SWF Regulations. The City’s grant of a WTFP for a SWF does not waive, and shall not be construed to waive, any standing by the City to challenge any FCC orders or rules related to small wireless facilities, or any modification to those FCC orders or rules.
(b) Eligible Facilities Request Design and Development Standards. Approved eligible facilities requests for which the findings set forth in Section 6-8.060 have been made are subject to the following conditions, unless modified by the approving authority:
(1) WTFP subject to conditions of underlying permit. Any WTFP granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit and all such conditions that were applicable to the facility prior to approval of the subject eligible facility request, provided such conditions do not apply in such a manner as to prohibit the granting of the Eligible Facilities Request. (2) No permit term extension. The City’s grant or grant by operation of law of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the City’s grant or grant by operation of law of a eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall have the same term as the underlying permit or other regulatory approval for the subject tower or base station.
(3) No Waiver of Standing. The City’s grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act (codified as 47 U.S.C. §1455(a)).
(c) Other General Design Standards. Excepting applications for eligible facilities requests, all wireless telecommunications facilities that are located within the public right-of-way shall be designed and maintained as to minimize visual, noise and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following standards. WTFP applications (excepting those eligible facilities requests) that do not meet any of the following standards are prohibited unless such standards (i) would be technically
17 infeasible to achieve the applicant’s service objectives, as supported by clear and convincing evidence in the written record, and/or (ii) subject to an exception for State or Federal law under Section 7.28.150.
The applicant shall employ screening, undergrounding, and camouflage design techniques in the design and placement of wireless telecommunications facilities in order to ensure that the facility is asvisually screened as technically feasible, to prevent the facility from dominating the surrounding area and to minimize significant view impacts from surrounding properties and public views, all in a manner that achieves compatibility with the community and in compliance with this code. (1) Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility's visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality. (2) All facilities shall have colors and non-reflective materials that blend with the materials and colors of the surrounding area, infrastructure, and structures.
(3) The applicant shall use the least visible equipment for the provision of wireless telecommunications services that is technically feasible. (4) All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the support structure and shall be camouflagedto the extent technologically feasible. For all support structures wherein interior installation is infeasible, conduit and cables attached to the exterior shall be mounted as close to the pole as technically feasible while complying with applicable electric safety codes and painted to match the structure. All cables and wires that cannot feasibly be mounted internally shall be clipped-up and/or placed in conduit the minimum size necessary to accommodate the wiring, or otherwise concealed out of public view. (5) No new guy wires shall be allowed unless required by other laws or regulations.
(6) All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least 18 inchesfrom the curb and gutter flow line.
(7) No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the City.
Public Works Director, as applicable, may adopt conditions of approval as reasonably necessary to promote the purposes in this chapter and protect the public health, safety and welfare.
Sec. 6-8.09 – OPERATION AND MAINTENANCE STANDARDS.
All wireless telecommunications facilities must comply at all times with the following operation
18 and maintenance standards:
(a) The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules, including, without limitation, those applying to use of the PROW. The permittee shall ensure that all equipment and other improvements to be constructed and/or installed in connection with the approved WTFP are maintained in a manner that is not detrimental or injurious to the public health, safety, and general welfare and that the aesthetic appearance is continuously preserved, and substantially the same as shown in the approved plansat all times relevant to the WTFP.
(b) Unless otherwise provided herein, all necessary repairs and restoration shall be completed by the permittee, owner, operator, or any designated maintenance agent at its sole cost within 3 business days:
(1) After discovery of the need by the permittee, owner, operator, or any designated maintenance agent; or
(2) After permittee, owner, operator, or any designated maintenance agent receives notification from the City.
(c) Insurance. The permittee shall obtain and maintain throughout the term of the permit a type and amount of insurance as specified by City’s risk management. The relevant policy(ies) shall name the City, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insured.
The permittee shall use its best efforts to provide thirty (30) days prior notice to the Public Works Director the cancellation or material modification of any applicable insurance policy.
(d) Indemnities. The permittee and, if applicable, the owner of the property upon which the wireless facility is installed shall defend, indemnify and hold harmless the City, its agents, officers, officials, and employees:
i. From any and all damages, liabilities,injuries, losses, costs, and expenses, and from any and all claims, demands, law suits, writs of mandamus, and other actions or proceedings brought against the Cityor its agents, officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the City’s approval of the permit, and
ii. From any and all damages, liabilities, injuries, losses, costs, and expenses, and any and all claims, demands, law suits, or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors, or independent contractors.
In the event the City becomes aware of any such actions or claims the City shall promptly notify the permittee and, if applicable, the private property owner and shall reasonably cooperate in the defense. The City shall have the right to approve,which approval shall not be unreasonably
19 withheld, the legal counsel providing theCity’s defense, and the property owner and/or Permittee (as applicable) shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of defending itself against any such actions or claims as noted herein.
(e) Performance and Removal Bond. Prior to issuance of a wireless encroachment permit, the permittee shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100% of the cost of removal of the facility as specified inthe application for the WTFP or as that amount may be modified by the Public Works Director in in the permit based on the characteristics of the application as approved.
The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council.
Reimbursement shall be paid when the security is posted and during each administrative review.
(f) Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable and technically feasible efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance,modification, and removal of the facility. All facilities, including each piece of equipment, shall be located and placed in a manner so as to not interfere with the use of the PROW, impede the flow of vehicular or pedestrian traffic, impair the primary use and purpose of poles/signs/traffic signals or other infrastructure, interfere with outdoor dining areas or emergency facilities, or otherwise obstruct the accessibility of thePROW.
(g) Contact Information. Each permittee of a wireless telecommunications facility shall provide the Public Works Director with the 24-hour local or toll free contact phone number of the permittee, the owner, the operator and the agent responsible for the maintenance of the facility (“contact information”). Contact information shall be updated within seven days of any change.
(h) All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of:
(1) Subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to City streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utilityline and systems (water, sewer, storm drains, gas, oil, electrical, etc.) that result from any activities performed in connection with the installation and/or maintenance of a wireless facility in the PROW;
(2) General dirt and grease;
(3) Chipped, faded, peeling, and cracked paint;
(4) Rust and corrosion;
20 (5) Cracks, dents, and discoloration;
(6) Missing, discolored or damaged artificial foliage or other camouflage; (7) Graffiti, bills, stickers, advertisements, litter and debris. All graffiti on facilities must be removed at the sole expense of the permittee within forty eight (48) hours after notification from the City;
(8) Broken and misshapen structural parts; and
(9) Any damage from any cause.
(i) All trees, foliage, or other landscaping elements approved as part of the facility shall be maintained in neat, safe, and good condition at all times, and the permittee, owner,and operator of the facility shall be responsible for replacing any damaged, dead, ordecayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the Public Works Director. (j) The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.
(k) Each facility shall be operated and maintained to comply with all conditions of approval. The permittee, when directed by the City, must perform an inspection of the facility and submit a report to the Public Works Director on the condition of the facility to include any identified concerns and corrective action taken. (l) Failure to comply with the City’s adopted noise standard, Section 4.12.710, et seq. after written notice and reasonable opportunity to cure have been given shall be grounds for the City to revoke the permit.
(m) Interference
(1) The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, improvement, or property. No structure, improvement, or property owned by the City shall be moved to accommodate a permitted activity or encroachment, unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the City's structure, improvement, or property. Prior to commencement of any work pursuant to a wireless encroachment permit, the permittee shall provide the City with documentation establishing to the City's satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement, or property within the PROW or City utility easement to be affected by permittee's facilities.
(2) The facility shall not damage or interfere in any way with City property, the City’s operations or the operations of prior-existing, third party installations.
The City will reasonably cooperate with the permittee and/or carrier to carry out such activities as are necessary to correct the interference.
21 i. Signal Interference. The permittee shall cure any such interference within 24 hours of written notification of the interference, or such other timeframes as may be dictated by FCC regulations, and in accordance with FCC regulations. Interference by applicant equipment impacting public safety signals shall be promptly and diligently resolved by the applicant, and may require a cease of operations of such equipment until the interference with public safety signals is fully resolved.
ii. Physical Interference. The City shall give the permittee thirty (30) days to correct the interference after which the City reserves the right to take any action it deems necessary, which could include revocation of the permit.
(3) The City at all times reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or improve the sites. Such actions may temporarily interfere with the operation of the facility. The City will in all cases, other than emergencies, give the applicant written notification of such planned, non-emergency actions, which notice shall be provided commensurate with the City’s commencement of design planning or 30 prior to the non-emergency action, whichever is greater.RF Exposure Compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards.Wind Load. Each facility shall be properly engineered to withstand wind loads as required by this code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility. (n) Records. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event the records cannot be produced by the City or the applicant, the applicant shall have the opportunity to demonstrate by other relevant evidence that the facility as-built is compliant with the applicable code and all entitlements in-place at the time of construction of the original facility and any subsequent modifications to the original facility.
(o) Attorney’s Fees. In the event it is necessary to take legal action pursuant to this chapter, all costs of such legal action, including reasonable attorney’s fees, shall be paid to the prevailing party, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the parties otherwise agree to waive said fees or any part thereof.
Sec. 6-8.10 – NO DANGEROUS CONDITION OR OBSTRUCTIONS ALLOWED.
No person shall install, use or maintain any wireless telecommunications facility that in whole or in part rests upon, in or over any public right-of-way, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site
22 or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or unreasonably impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, fire station, fire escape, water valve, underground vault, valve housing structure, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near said location. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety. A facility shall not be located within any portion of the public right-of- way interfering with access to a fire hydrant or any other public health or safety facility.
Sec. 6-8.11 – NONEXCLUSIVE GRANT; NO POSSESSORY INTERESTS. (a) No permit or approval granted under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public right-of-way of the City for any purpose whatsoever. Further, no approval shall be construed as a warranty of title.
(b) No possessory interest is created by a WTFP. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, the permittee acknowledge that the City has given to the applicant notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to a WTFP may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Wireless telecommunications facility operators shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interest taxes or other taxes, fees, and assessments levied against their right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by the WTFP.
(c) The permission granted by a WTFP shall not in any event constitute an easement on or an encumbrance against the PROW. No right, title, or interest (including franchise interest) in the PROW, or any part thereof, shall vest or accrue in permittee by reason of a wireless encroachment permit or the issuance of any other permit or exercise of any privilege given thereby.
Sec. 6-8.12 – PERMIT EXPIRATION; ABANDONMENT OF APPLICATIONS. (a) Permit Term. Unless Government Code Section 65964, as may be amended, or anyother law authorizes the City to issue a permit with a shorter term, a permit for anywireless telecommunications facility shall be valid for a period of ten (10) years, unless pursuant to another provision of this code it lapses sooner or is revoked. At the end of ten (10) years from the date of issuance, such permit shall automatically expire.
(b) A permittee may apply for a new permit within 180 days prior to expiration. To the extent allowed by law, said application and proposal shall comply with the City’s current code requirements for wireless telecommunications facilities. (c) Timing of Installation. The installation and construction authorized by a WTFP shall begin within one (1) year after its approval, or it will expire without further action by the City. The installation and construction authorized by a WTFP shall conclude, including any necessary post-installation repairs and/or restoration to thePROW,
23 within thirty (30) days following the day construction commenced, or at such later completion date as otherwise approved by the Director in writing based upon the City’s reasonable discretion.
(d) Commencement of Operations. The operation of the approved facility shall commence no later than ninety (90) days after the completion of installation, unless additional delay is caused by power and/or backhaul providers, or the WTFP will expire without further action by the City. The permittee shall provide the Public Works Director notice that operations have commenced by the same date.
Sec. 6-8.13 – CESSATION OF USE OR ABANDONMENT.
(a) A wireless telecommunications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for ninety (90) or more consecutive days unless the permittee has obtained prior written approval from the director which shall not be unreasonably denied. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using the facility. (b) The operator of a facility shall notify the Public Works Director in writingof its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within ten days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the Public Works Director of any discontinuation of operations of thirty (30) days or more.
(c) Failure to inform the Public Works Director of cessation or discontinuation of operations of any existing facility as required by this Section shall constitute a violation of any approvals and be grounds for:
(1) Litigation;
(2) Revocation or modification of the permit;
(3) Acting on any bond or other assurance required by this article or conditions of approval of the permit;
(4) Removal of the facilities by the City in accordance with the procedures established under this code for abatement of a public nuisance at the owner’s expense; and/or
(5) Any other remedies permitted under this code or by law.
Sec. 6-8.14 – REMOVAL AND RESTORATION—PERMIT EXPIRATION, REVOCATIONOR ABANDONMENT.
(a) Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the WTFP or abandonment of the facility, the permittee, owner or operator shall remove its wireless telecommunications facility and restore the site to the condition it was in prior to the granting of the WTFP, except for retaining the landscaping improvements and any other improvements at the discretion of the City. Removal shall be in accordance with proper health and safety requirements
24 and all ordinances, rules, and regulations of the City. Expired, terminated or revoked wireless telecommunications facility equipment shall be removed from the site at no cost or expense to the City.
(b) Failure of the permittee, owner or operator to promptly remove its facility and restore the property within ninety (90) days after expiration, earlier termination or revocation of the WTFP, or abandonment of the facility, shall be a violation of this code. Upon a showing of good cause, an extension may be granted by the Public Works Director where circumstances are beyond the control of thepermittee after expiration. Further failure to abide by the timeline provided in this Section shall be grounds for:
(1) Prosecution;
(2) Acting on any security instrument required by this chapter or conditions of approval of permit;
(3) Removal of the facilities by the City in accordance with the procedures established under this code for abatement of a public nuisance at the owner’s expense; and/or
(4) Any other remedies permitted under this code or by law. (c) Summary Removal. In the event any City director or City engineer determines that the condition or placement of a wireless telecommunications facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, “exigent circumstances”), such director or City engineer may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall include the basis for the removal and shall be served upon the permittee and person who owns the facility within five business days of removal and all property removed shall be preserved for the owner’s pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days, the facility shall be treated as abandoned property.
(d) Removal of Facilities by City. In the event the City removes a wireless telecommunications facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the City for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the City may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this code. Unless otherwise provided herein, the City has no obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the City destroys any such facility not timely removed by the permittee, owner or operator after notice, or removal by the City due to exigent circumstances.
Sec. 6-8.15 – EFFECT ON OTHER ORDINANCES.
25 Compliance with the provisions of this chapter shall not relieve a person from complying with any other applicable provision of this code. In the event of a conflict between any provision of this chapter and other sections of this code, this chapter shall control.
Sec. 6-8.16 – STATE OR FEDERAL LAW.
The implementation of this chapter and decisions on applications for placement of wireless telecommunications facilities in the PROW shall, at a minimum, ensure that the requirements of this chapter are satisfied, unless it is determined that the applicant has established that denial of anapplication would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this Chapter may be waived, but only to the minimum extent required to avoid the prohibition or violation.
Sec. 6-8.17 –LEGAL NONCONFORMING WIRELESS TELECOMMUNICATIONS FACILITIES IN THE RIGHT-OF-WAY.
(a) Legal nonconforming wireless telecommunications facilities are those facilities that existed but did not conform to this chapter on the date this chapter became effective. (b) Legal nonconforming wireless telecommunications facilities shall, within ten years from the date this chapter became effective, be brought into conformity with all requirements of this article; provided, however, that should the owner desire to expand or modify the facility, intensify the use, or make some other change in a conditional use, the owner shall comply with all applicable provisions of this code at such time, to the extent the City can require such compliance under federal and state law.
(c) An aggrieved person may file an appeal to the City Council of any decision of the Public Works Director or other deciding body made pursuant to this Section. In the event of an appeal alleging that the ten-year amortization period is not reasonable as applied to a particular property, the city council may consider theamount of investment or original cost, present actual or depreciated value, dates of construction, amortization for tax purposes, salvage value, remaining useful life, the length and remaining term of the lease under which it is maintained (if any), and the harm to the public if the structure remains standing beyond the prescribed amortization period, and set an amortization period accordingly for the specific property.
Section 4. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.
Section 5. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published, in accordance with Government Code, Section 36933, or as otherwise required by law.
Section 6. This ordinance shall take effect and be in full force and effect from and after 30 days
26 after its final passage and adoption.
Introduced and read at a regular meeting of the City Council of the City of Yuba City on the ____ day of ______ 2022, and passed and adopted at a regular meeting held on the ____ day of ______ 2022.
AYES:
NOES:
ABSENT:
_____________________________
Dave Shaw, Mayor
ATTEST:
_______________________________
Ciara Wakefield, Deputy City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY
___________________________________
SHANNON CHAFFIN, City Attorney
Aleshire & Wynder, LLP
Agenda Item 6
CITY OF YUBA CITY
STAFF REPORT
Date: July 19, 2022
To: Honorable Mayor & Members of the City Council
From: Fire Department
Presentation By: Jesse Frias, Fire Marshal
Summary
Subject: California Senate Bill 1205 Compliance Report for State-Mandated Annual Fire Inspections
Recommendation: Adopt a Resolution acknowledging receipt of the Yuba City Fire Department’s annual inspections report and recognizing the Department’s level of compliance with California Health and Safety Code Sections 13146.2, 13146.3, and 13146.4 Fiscal Impact: None
Purpose:
Provide a review of the Fire Department’s efforts to meet its mandated annual Educational and Residential inspection obligations.
Council's Strategic Goal:
This item addresses the City Council’s Public Safety Strategic Goal, by performing life safety inspections by the Fire Department.
Background:
California Senate Bill 1205 (SB 1205) was signed into law on September 27, 2018, after the tragic Ghost Ship Fire in December 2016 brought national attention to California and put a spotlight on fire safety laws as well as the performance of fire inspections. This law amends preceding law such that an annual report on state mandated inspections is now required to be submitted to the governing body of each jurisdiction having authority for inspections. The law also requires the report to be delivered when the City Council discusses its annual budget or at another time determined by the City Council. City Council shall acknowledge receipt of the report made in a Resolution or a similar formal document.
State mandated inspections were enacted by California Health & Safety Code Sections 13146.2 and 13146.3 and requires all fire departments that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards. California Health & Safety Code Section 13146.4 requires all fire departments that provide fire protection services to report annually to its administering authority on its compliance with sections 13146.2 & 13146.3
Although there are no penalties identified in the law, adoption of this Resolution will establish Yuba City’s intent to fulfill the requirements of SB 1205 by acknowledging the Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3, which identifies the state mandated inspections.
Analysis:
Annually, the Fire Department is required to conduct inspections of all public and private schools, hotels, motels, lodging houses, and apartment/condominium buildings, in accordance with California Health and Safety Code Section 13146.2 and 13146.3. The purpose of annual fire inspections is to mitigate known hazards, reduce risk to the community, and ensure reasonable compliance with the California Fire Code. The Fire Department has completed its initial annual inspection of all mandated buildings that are included within the mandate for fiscal year 2021-2022.
California Health and Safety Code Section 13146.2 mandates that the local fire department inspect all hotels, motels, and lodging houses once annually. The Fire Department has inspected 11 hotels/motels, which includes an additional 5 buildings associated with these facilities.
California Health and Safety Code Section 13146.2 also mandates that the local fire department inspect all apartment buildings. The California Building Code also specifies that condominiums should be considered apartments for building code application. An apartment shall consist of three or more attached units, and excludes all duplex style buildings. The Fire Department has inspected 305 apartment complexes, which includes an additional 75 buildings associated with these facilities.
California Health and Safety Code Section 13146.3 mandates that the local Fire Department inspect all public, private and commercial day care schools once annually. The Fire Department has inspected 45 school facilities that total 244 buildings within these facilities.
In total, the Fire Department has conducted 361 mandated annual inspections during the 2021-2022 fiscal year, and has completed initial inspections of all known buildings and structures required to be inspected within the California Health and Safety Code mandate. Furthermore, the acceptance of this compliance report and the recommended resolution fulfill the statutory requirements contained in California Health and Safety Code Section 13146.2, 13146.3, and 13146.4, as amended by SB 1205.
Fiscal Impact:
None
Alternatives:
1. Do not adopt the Resolution
2. Provide further direction to staff
Recommendation:
Adopt a Resolution acknowledging receipt of the Yuba City Fire Department’s annual inspections report and recognizing the Department’s level of compliance with California Health and Safety Code Sections 13146.2, 13146.3, and 13146.4.
Attachments:
1. SB 1205 Resolution 21-22
2. Senate Bill 1205 - attachment 2
3. Health & Safety Code Sec 13146.4 - attachment 3
Prepared By: Submitted By:
Jesse Alexander
Fire Chief
Diana Langley
City Manager
ATTACHMENT 1
RESOLUTION NO. ___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUBA CITY ACKNOWLEDGING THE YUBA CITY FIRE DEPARTMENT’S COMPLIANCE WITH SECTIONS 13146.2, 13146.3, and 13146.4 OF THE CALIFORNIA
HEALTH AND SAFETY CODE
WHEREAS, California Health and Safety Code Section 13146.4 requires all fire departments that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and
WHEREAS, California Health and Safety Code Sections 13146.2 and 13146.3 require all fire departments that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, and apartment house for compliance with building standards; and
WHEREAS, the City Council of Yuba City intends this Resolution to fulfill the requirements of the California Health and Safety Code regarding acknowledgment of the Yuba City Fire Department’s compliance with California Health and Safety Code Sections 13146.2, 13146.3, and 13146.4.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yuba City expressly acknowledges the measure of compliance of the Yuba City Fire Department with the California Health and Safety Code Sections 13146.2, 13146.3, and 13146.4, and accepts the annual report from the Fire Department.
The foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Yuba City at a regular meeting thereof held on the 19th day of July, 2022 AYES:
NOES:
ABSENT:
Dave Shaw, Mayor
ATTEST:
Ciara Wakefield, City Clerk
APPROVED AS TO FORM
COUNSEL FOR YUBA CITY:
SHANNON CHAFFIN, CITY ATTORNEY
ALESHIRE & WYNDER, LLP
ATTACHMENT 2
ATTACHMENT 3
Agenda Item 7
CITY OF YUBA CITY
STAFF REPORT
Date: July 19, 2022
To: Honorable Mayor & Members of the City Council
From: Community Services Department
Presentation By: Rob Condrey, Parks and Grounds Superintendent Summary
Subject: Sam Brannan Restroom Replacement Project Award Recommendation: Adopt a Resolution adopting a CEQA Class 1 Categorical Exemption; awarding a construction contract to Public Restroom Company in the amount of $234,096 through Sourcewell Contract No. 081721-PRM, with the finding that it is in the best interest of the City; and authorizing the City Manager to execute an agreement for the Sam Brannan Restroom Replacement project Fiscal Impact: $245,800.80 – Account No. 901265 (Sam Brannan Restroom Replacement) $234,096.00 – Contract Award Amount
$11,704.80 – (5%) Construction Contingency
Purpose:
To improve park facilities, while reducing maintenance needs at Sam Brannan Park.
Council Strategic Goal:
The replacement of the restroom at Sam Brannan Park addresses the City Council’s Strategic Goal of Infrastructure, as the removal and replacement of an outdated and failing restroom with a new state of the art restroom will improve the park’s usability and reduce need for staff maintenance.
Background:
The existing restrooms at Sam Brannan Park (Park) were installed at the time of the Park’s construction in 1963. Due to the restroom’s age, it was constructed with features that provide little privacy and a lack of vandal-resistant fixtures. The restroom currently has stalls with no doors for privacy, and the fixtures are frequently needing repairs due to vandalism. Additionally, the entrance doors are manual, which causes Parks staff to manually lock and unlock the restrooms daily at park opening and closing times.
Lastly, due to age, the current restroom has plumbing and lighting issues which are required to be regularly repaired by Parks staff, which takes away time from other important tasks that the staff are required to complete.
In order to resolve these issues, Parks staff began researching various manufacturers that would be able to resolve these problems. After a review of available vendors and products, staff determined that
the best-fit option for restroom replacement at Sam Brannan Park would be through use of The Public Restroom Company (PRC). Staff was impressed with PRC’s 40+ years of experience in design, build, and construction of restrooms, and their ability to meet all of the City’s needs for Sam Brannan Park.
Analysis:
After consultation with PRC, PRC developed a scope and plans for a pre-fabricated restroom which would solve all of the aforementioned issues. Their proposed model for Sam Brannan Park includes the following features:
Three stalls with locking doors
o Two of the three stalls are family restrooms with changing tables Vandal-proof fixtures
Automated door locks which coincide with park hours
o The system includes “Exit” buttons in English and Spanish in the case of accidental lockins. Non-absorbent concrete and good ventilation systems to eliminate odors 5-year component warranty and 20-year structure warranty If the contract is approved, PRC has stated that they will be able to deliver and install the restroom within 240 days of said contract execution.
PRC is a member of the Sourcewell Cooperative Program (Sourcewell). Sourcewell gathers nationwide bids for products and services, resulting in time and cost efficiencies in the procurement process and better purchasing leverage due to the nationwide scope. The City has used Sourcewell previously through the Blackburn Talley Lighting Replacement Project, various playground replacement projects, and currently on the bike park construction portion of the Didar S. Bains Park construction. Each time, the City has received great results and cost savings on the projects.
Staff’s recommendation is to utilize Sourcewell for the procurement of the Sam Brannan Restroom Replacement Project construction contract, as is allowed under the City’s Purchasing Policies and Procedures, to capitalize on the cost savings of the nationwide contract.
In order to incur further cost savings, Parks staff will coordinate with Public Works Staff to demolish the existing building in-house and prepare the existing concrete pad and utilities for connection to the new prefabricated structure.
Fiscal Impact:
Based on the Sourcewell quote, the project will cost $234,096.00. Additionally, staff is requesting a 5- percent construction contingency of $11,704.80 for any unforeseen circumstances that may arise during construction. The project will be funded through Account No. 901265 (Sam Brannan Restroom Replacement).
The installation of this state-of-the-art restroom will likely reduce annual costs associated with staff time for repairs, maintenance, and opening and closing of the restroom.
Environmental:
Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301, as the removal and replacement of the existing restroom structure, with a new pre-fabricated restroom