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HomeMy WebLinkAbout01-04-1989 COUNCIL AGENDA STAFF REPORTSY EXECUTIVE SUMMARY NO. SARATOGA CITY COUNCIL / 7S6 MEETING DATE: January 3, 1989 ORIGINATING DEPT: Community Services AGENDA ITEM 4�P CITY MGR. APPROVAL Ar- SUBJECT: Special Event Permit Request; The Great Race Recommended Motion: Authorize the Community Services Director to issue a Special Events Permit to the Rotary Club of Los Gatos for the annual "Great Race" (a footrace) on January 21, 1989. Report Summary: The Rotary Club is sponsoring their annual Saratoga to Los Gatos footrace (termed "The Great Race ") on Sunday, January 21, 1989, from 9:00 a.m. to 10:30 a.m. The Club has substantially complied with the City's Special Events Permit Ordinance. Fiscal Impacts: None are anticipated Attachments: Application for a Special Events Permit (including supporting attachments. Motion and Vote: Summary of Conditions - Special Event Permit City of Saratoga A. Complete description of event (i.e. parade, footrace, walk, march, festival, blockparty, etc.). B. Description of specific date(s) and times event will begin and end. C. Identification of event sponsor (name of organization or business). D. Identification of individuals responsible for event planning (i.e. at least two, including addresses and work and home telephone numbers). E. $50 non - refundable filing fee. F. $250 fully refundable cleanup deposit. G. Estimated number of participants at event (both active and passive). H. A traffic plan approved by the Westside Sheriff's Office indicating: 1. How traffic will be routed around event. 2. Parking arrangements for those attending event. 3. Provisions for emergency vehicle traffic. I. Proposed sanitary facilities to accommodate event partici- pants (bathrooms). J. Identification of food and beverages available at the event, including how each will be prepared and handled. K. Description of all sales activity directly associated with this event including the identity of all vendors, and the location of any booths and pushcarts. L. Description of the nature and locations of any loud speak- ers. M. Method of notifying participants of permit conditions. N. Comprehensive general liability insurance as described in the attached "Liability Insurance Requirements" enclosure. 0. Execution of an Indemnity Agreement (enclosed). P. Reimbursement to the City for all expenses associated with security, traffic control, and law enforcement expenses associated with the event. Q. Provision of a map showing event starting and termination points, staging areas, and items H, I, K, and L above. R. Indicate whether any portion of event affects a State High- way (i.e. Highway 9 or 85). Orig: TWA 3/87; Rev: TWA 9/89 Pacific Gas and Electric Company Los Gatos Area Robert M. Storm 16780 Lark Avenue Area Manager Los Gatos, CA 95030 -2315 4081354 -3122 November 29, 1989 .fir. Todd Argow Di f ' or of ,°Community Services City a =° ara oga 13777 �c e Avenue Saratoga, CA 95070 Dear Todd: Thank you for your assistance with outlining the requirements for the Los Gatos Rotary Club's 1990 "Great Saratoga to Los Gatos Race." The following is an item by item account of those issues addressed in your summary of conditions for a special event permit: A. The Race will be a footrace which will begin at Blaney Plaza in Saratoga, proceed east along the southerly shoulder of Highway 9 and end in downtown Los Gatos. B. Race Date: January 21, 1990 Beginning Time: 9:00 a.m. Ending Time: 10:30 a.m. C. The Los Gatos Rotary Club is sponsoring the event. D. Individuals responsible for event planning: Mr. Jim Howarth Vice President & Manager Bank of America 333 N. Santa Cruz Avenue Los Gatos, CA 94030 408 - 399 -2931 Mr. Robert Storm Manager Pacific Gas & Electric Co. 16780 Lark Avenue Los Gatos, CA 95030 408 - 399 -1010 E. $50 non -- refundable filing fee is attached. F. $250 fully refundable clean -up deposit is attached. G. Estimated number of participants - 1700. H. Traffic control will be provided for by the Santa Clara County Sheriff's Department. Confirmation letter is attached. I. Sanitary Facilities: 6 portable toilets to be located behind the Downey Savings Building. J. No food items will be served in the City of Saratoga for race participants. Mr. Todd Argow November 29, 1989 Page Two K. No sales activities are planned for this event. L. Loudspeaker System: A portable public address system will be placed in the rear of a truck to be used at the start of the race and then transported to the finish line in Los Gatos. M. Not applicable. N. A Certificate of Insurance for $4 million naming the City of Saratoga and its officers, officials, boards, commissions, employees and volunteers as additional insured is attached. NOTE: Since the insurance carrier for this event has declined to include primary coverage for the City of Saratoga, a waiver of this requirement is requested. Ms. Mary Jo Levinger, Attorney for the Town of Los Gatos has spoken to Hal Toppel regarding this issue. Mr. Toppel did indicate that he would review our request for a waiver. Attached is a statement from Lawson -Hawks Insurance Associates reflecting the primary coverage denial. 0. A signed Indemnity Agreement is attached. P. The Los Gatos Rotary Club accepts financial responsibility for any contracted cost associated with additional police and sheriff services required to handle the event. Q. A map of the race route is attached. R. The race does affect a portion of Highway 9 in the City of Saratoga. Attached is a copy of an encroachment permit from Caltrans. Thank you again for your help in securing the approval for our Great Race from the City of Saratoga. If you have any questions, please don't hesitate to contact me. Sincerely, N wt_ ROBERT M. STORM CITY OF SARATOGA LIABILITY INSURANCE REQUIREMENTS FOR SPECIAL EVENTS ✓ 1. COVERAGE AMOUNT: $1,000,000.00 combined single limit per occurrence. ✓ 2. TYPE OF COVERAGE: - -Policies' should provide for 'occurrence" coverage. "Claims made" policies will not be accepted unless specifically approved by the Community Services Director. 3. INSURED PARTIES: City to be named as additional insured in the original policy or by endorsement. The following language should be used: "The City of Saratoga, and its officers, officials, boards, commissions, employees and volunteers." A CERTIFICATE OF INSURANCE, IF PROVIDED, MUST SHOW THE CITY AS AN ADDITIONAL INSURED UNDER THE POLICY. DESIGNATION OF THE CITY AS THE CERTIFICATE HOLDER ONLY WILL NOT BE SUFFICIENT. r/4. NOTICE: The policy shall not be cancelled or reduced in' coverage without thirty days prior written notice to the City. 5. PRIMARY COVERAGE: Coverage under the policy shall be primary with respect to the City; any insurance maintained by the City shall be excess coverage only. County of Santa Clara No i EC � 4� � Office of the Sheriff ''�p L0 G;'t;C, J.�. G� StviR G:: J ADJ NOV 28 1989 1005 Timothy Drive San Jose, California 95133 'EE R S E (408) 299 -2101 CiRGUi._A 1 t FILE FU Charles P. Gillingham Sheriff November 22, 1989 Mr. Robert Storm 16780 Lark Avenue Los Gatos, Ca. 95030 Dear Mr. Storm: In follow -up to our telephone conversation and your communication of November 21, 1989 regarding the 1990 Great Saratoga to Los Gatos Race, the Sheriff's Department will provide traffic control for the event in its jurisdiction (Saratoga - Monte Sereno) along the route. A copy of your letter has been forwarded to the Sheriff's Reserve,Office which will coordinate the traffic control arrangements. Good luck with the event. Sincerely, Charles P. Gillingham, Sheriff B �Cti es Huber, Lieutenant Santa Clara County Sheriff Westside Station 14374 Saratoga Avenue Saratoga, Ca. 95070 (408) 867 -9715 JH:kg cc: Reserve Office File TOt 415 964 0816 11/28/89 11:01 a 415 964 0816 LAWSON HAWKS FACSIMILE COVER SHEET Company t Bob Storm Locations Attn : FAX No : 4081 399 -1028 FROM: LAWSON -HAWKS INSURANCE ASSOCIATES 883 North Shoreline Blvd., Suite D P. 0. Box 39 Mountain View, CA 94042 Phoney (415) 964 -8000 FAX t (415) 964 -0816 RE: Rotary International - Pol icy ##PST140235' COMMENTSt This is in reply to your request: about, the certificate for the City of Saratoga.. The carrier will not.-include the PRIMARX COVERAGE clause. The other requirements are included oil the certificate and the City of Saratoga is named as 'an additional insured. Regards, This transmittal contains cover sheet plus 0 pages. If you are missing a pages, p ease phone the uuh ersigned. r ��--- SENT BY CZ- C -'r-'� DATE 01 PRODUCER Northern - Insu'r.,in'.g,�'Ag "encye: I_nc 171 Margaret Street' PO Box 789' Plattsburgh, NY 12;901 518-561 -7000 CODE SUB -CODE INSURED_- - - Rotary International Districts and Their Rotary Clubs PC Box 160 Plattsburgh. NY 12901 ISSUE DATE (MM/DDNY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY A LETTER _._....__..._..._.__..._ o.y...a 1-__I n s u r a n c e C o, of America COMPANY B — LETTER COMPANY _ -_- C LETTER COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, N NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED H HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE B _--- -- ----------------- BEEN REDUCED BY PAID CLAIMS. co LTR; TYPE OF INSURANCE POLICY NUMBER P POLICY EFFECTIVE jPOLICY EXPIRATION? DATE (MM /DD/YY) DATE (MM /DD/YY) ALL LIMITS IN THOUSANDS A GENERAL LIABILITY____...__. -..-.____._...__:_ — — . --- -- -- - �( COMMERCIAL GENERAL LIABILITY - --- - °---- .------- - - - - -_ -_ _. __ _ _ PRODUCTS- C _ _ _ COMP /OPS AGGREGATEI $ CLAIMS MADE)( OCCUR.! - _____ 4 OWNER'S 3 CONTRACTOR'S PROT - - -- — - - - -_ ___ —�__ _:_ 3 X Liquor L e g a 1 - i EACH OCCURRENCE 6' 3 _ .......__ _____ , _. .. ' F FIRE DAMAGE (Any one fire) $ _ ; MEDICAL EXPENSE (Any one person) s E B AUTOMOBILE LIABILITY ; 7/01/89 coMBINEO -� - - -- - ANY AUTO ALL OWNED AUTOS C i LIMIT Z __ ; ;BODILY SCHEDULED AUTOS i i INJURY $ }( HIRED AUTOS Per person) BODILY W X NON -OWNED AUTOS I INJURY $ (Per accident} GARAGE LIABILITY — —_.— _., . 'PROPERTY _ DAMAGE f EXCES9 LIABILITY- _ - (DISEASE —EACH EMPLO) DESCRIPTION OF OPERATIONS / LOCATIONS /VENICLES/RESTRICTIONS/SPECIAL ITEMS The City of Saratoga. "Its Officers. Officials. Boards. Commissions. mployees & Volunteers are named as Additional Insured as respects use of premisis by the undersigned Rotary District. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE The City i f Saratoga and EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO Its Officers. G f f i c i a l s. Boards. AIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Commissions. = m p l o y e e s & V o l u n t e e EFT' BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR (District }j S 17) ABILITY OF ANY KIND UPON TH A ITS AGENTS OR REPRESENTATIVES. REPRESENTATIVE 2u. INDEMNITY AGREEMENT THIS AGREEMENT, dated November 13, 1989 , between the CITY OF SARATOGA, a municipal corporation "City" and The Los Gatos Rotary Club ( "Sponsor "), is made with reference to the following facts: A. Sponsor has applied to City for a Special Event Permit to conduct The Great Saratoga to Los Gatos Race on B. City has agreed to issue such permit, on condition that City is expressly indemnified against any liability arising from Sponsor's conduct of the special event. NOW, THEREFORE, in consideration for the issuance by City of a Special Event Permit to conduct the activity hereinabove described, Sponsor does hereby agree, on behalf of itself and its successors and assigns, to indemnify, defend and hold City, its officers, officials, agents, employees, boards, commissions and volunteers free and harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs or expenses (including the cost of attorney's fees for defending any action brought against City or any of its officers, officials, agents, employees, boards, commissions or volunteers), arising out of or in any manner relating to any form of loss, injury or damage sustained by Sponsor or any person as a result of the special event for which a permit has been issued by City. City agrees to give prompt written notice to Sponsor of any claim asserted against City for which indemnification has been provided to City hereunder. Such notice shall be sent to Sponsor at the following address: Attention: Robert Storm P. 0. Box 1018 _Los Gatos. CA 95031 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF SARATOGA, a municipal corporation By SPONSOR: a C. J. Szukalski, President Los Gatos Rotary Club 1 �r' a1 •e°.� - r,.nr y_!� n• - �� \�• ,- ._ iil d u Y Y rS y G[ I _•titJ �t�* /�..,w��•. . r ai�. .. r.� s�j • ' i b. �-7 4 w rm• _ _ - • IF -'AN.C. � !� 2 \_ �" /y ♦ ' � ��t�� r- �'.•- f r,., � .un r PI �k �,r� � _S � tr =k / J �i• `, `� �. W♦ �1�, /y� O �f�1 `�� 1 �.:! fir• /"ter �f� � t� _, "`�� s ' - �t �I �;,� It ..� .^� •f rt' � � � it �� � .�.. _ e l �� '��6 ° - _ �\ r � L �FS� a � � iii ° - d s �a y �✓'T I• ... ft) F r�� !� ( \� pry . rj] � .i:_ el VIM WAALST ,:�� =_ 'o,+Ir'Ri'• a COLL~ f.a °.1 �, , `.caul -!v ' _ \ w . � • a AA sc. /';� y �'�' ""') �._.. v 1 •��,�' n 1 =mac f/ J ,Q'' • ar- �,�' •`` i i� _ �-.� ��� 11t .`. it �° / I ..77 e. r r • � � rL IV w Ali w i o Q ►lE,rt, 7 (� a. ' •• ♦ 4 L� � jl�- � I � � r..yJ�`./ l r ��,t_•,r e, 4 Ct1Jt � ri'at d! L� • 'i _ �O'•" "i aI _ .a - .1__.111 .�.qr � V 1 ! UJ . • •+.(� 3 w f f •rv11 j` \ 4ti �,1.•� r•s fv i �. L j� s ' 1 r- C• �� Ir 40 ,AR/ORLt'f!L �•S F4 _ r e� l;t 1 / `I �{�� . r, . ° r� •• .. \• �i a •° ' d •.•. 'K t •• r ` . ` � ` '' . _` .4 . R94i sreAno AJ T 7 :00 ,4 r ( � %" ., �. �: •tic �r d : • s ce d et B,rlg,AJ,D Al6y SAJ�NETS. ' +J / �;'�` '1a = •+ i o `� H hs TA2r a r 9: OD AH \• • ? �� f, \ o t +T — l JAS �". �� r • � Jr•/' C �r • r � ems{ .. �l .l•'� pJ i c�'t yt /♦ T t rev 1. / •L•�� ' , `J y ; ''♦.J 1990 I !"V�/•.� ��- 5�•� . r /, � �(� 1S �"� ` •� % �` Great Race ,� ° �t�r, ••''i7 Saratoga to Los Gatos January 21 19" ' ('may �• s [� � i� J , : �. DEPARTMENT OF TRANSPORTATION (CALTRANS) ENCROACHMENT PERMIT Permit No. '6M•M41202A (REV. 2/82) 0489- . n �.• ir., i o•. In compliance with (Check one): ® Your application of ❑ Utility Notice No. ❑ Agreement No. ❑ R/W Contract No. October 10, 1989 Of of 04 -SCl -9 7.40/11.06 Date October 30 Fee Paid in Advance s -- Bond Amount Bond Company of I -- Bond Number TO: r- Los Gatos Rotary Club Attention Mr. Robert M. Storm P. 0. Box 1018 L Los Gatos, CA 95031 PERMITTEE ':5 Deposit a -- and subject to the following, PERMISSION IS HEREBY GRANTED to: conduct the Great Saratoga to Los Gatos footrace on Sunday, January 21, 1990 from 9:00 A.M. to 10:00 A.M., on State Highway 04- SC1 -9, Post Mile 7.4 to 11.06, between Saratoga and Los Gatos. Two days before work is started under this permit, notice shall be given to and approval of construction details, operations, public safety and traffic control shall be obtained from Permit Coordinator W. Ferry, 500 Queens Lane, San Jose, 408 - 436 -0750. Certain details of work authorized hereby are shown on Permittee's Course Map submitted with request for permit. (Continued on page 2) Certain details of work authorized hereby are shown on - -- submitted with request for permit. The following attachments are also included as part of this permit (Check applicable): ® Yes _ _ General Provisions ❑ Yes ZI No Utility Maintenance Provisions ❑ Yes ED No Special Provisions ❑ Yes ZI No A Cal -OSHA permit required prior to beginning work In addition to fee, the permittee will be billed actual costs for ❑ Yes ❑c No Review ❑ Yes . ® No Inspection ® Yes _ _ _ _ Field work (If any Caltrans effort expended) ❑ Yes NA The information in the environmental documentation has been reviewed and considered prior to approval of this permit This permit is void unless the work is completed before .Tang, 22 , 19 g— This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized No project work shall be commenced until all other necessary permits and environmental clearances have been obtained APPROVED: BURCH C. BACHTOLD , District Director BY: R , L � CASH I 0 District Permit E 0 0489- 6SE2077 Page 2 October 30, 1989 Arrangements shall be made with the Town of Los Gatos and the City of Saratoga, or the Santa Clara County Sheriff's Office, to provide. adequate traffic. controls and detours as necessary to maintain the highway traffic, at permittee's expense. ROTARY CLUB of LOS GATOS #1601 P.O. BOX 1018 LOS GATOS, CA 95031 LOS GATOS SRANp1 EUREKA FEDERAL SAVINGS AND LOAN ASSOCATM OF SAN RIANCOCO 236 NORTH SANTA CRUZ AVE. LOS GATOS. CA 95M 11 -7001 3210 2836 1: 3 2 LO 700 LOi: L9 2811100088 2114 2836 ROTARY CLUB of LOS GATOS #1601 P.O. BOX 1018 LOS GATOS, CA 95031 PAY'S= '���"'I 11 -7001 LOS GATOS BRANCH 3210 EUREKA FEDERAL SAVINGS AND LOAN ABSOCIATDN OF SAN RTAMMM 239 NORTH SANTA CRUZ AVE. 2 LOS GATOS, CA MM .KMG DATE TO THE ORDER OF QOLLARS NET AMOUNT SO �--. 1: 3 2 10 700 LOi: L 9 2808100088 21P 28 38 DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT GENERAL PROVISIONS DM- M- P -202B (Rev. 1/89) 2. 4. 5. A 8. Authority Each Encroachment Per- mit is issued in accordance with Chap- ter 3 of Division 1, commencing with Section 660, et seq., of the Streets and Highways Code (SHC). Revocation: Except as otherwise pro- vided for public corporations, fran- chise holders, and utilities, En- croachment Permits are revocable on five (5) days notice. These General Pro- visions, Utility Maintenance Pro- visions, and any Encroachment Permit issued hereunder are revocable or sub- ject to modification or abrogation at any time, without prejudice, however, to prior rights, including those eviden- ced by joint use agreements. franchise rights, reserved rights, or any other agreements for operating purposes in the State highway right -of -way. Responsible Party: No party other than the named permittee or their agent is authorized to work under any permit Acceptance of Provisions: It is understood and agreed by the permit -. tee that the doing of any work under this permit shall constitute an accep- tance of the provisions of this permit and all attachments. Notice Prior to Starting Work: Before starting work under the Encroach- ment Permit, the permittee shall notify the designated Department represen- tative two (2) working days prior to ini- tial start of work When work has been interrupted for more than five (5) work- ing days, an additional 24 -hour notification is required.before restart- ing work unless a pre - arranged agree- ment has been made with the Department's representative. Unless otherwise specified, all work shall be performed on weekdays and during normal working hours of the Depart- ment's representative. Standards of Construction: All work performed within the highway shall conform to recognized standards of construction and the current Depart- ment Standard Specifications, Stan- dard Plans and Manual on High and Low Risk Facilities Within Highway Rights -of -Way and any Special Pro- visions relating thereto. Inspection and Approval by the Department: All work shall be subject to monitoring inspection. and approval by the Department The per - mittee shall request a final inspection and acceptance of the work Keep Permit on the Work Site: The Encroachment Permit or a copy thereof shall be kept at the site of the work and must be shown to any rep- resentative of the Department or any law enforcement officer on demand. WORK SHALL BE SUSPENDED IF PERMIT IS NOT AT JOB SITE AS PROVIDED. 9. Conflicting Permits: If a prior encroachment conflicts with the pro- posed work, the new permittee must arrange for any necessary removal or relocation with the prior permittee. Any such removal or relocation will be at no expense to the Department 10. Permits From Other Agencies: The party or parties to whom a permit is issued shall, whenever required by law, secure the written authorization for any work that must be approved by the Public Utilities Commission (PUC) of the State of California, CALOSHA or any other public agency having juris- diction. Failure to comply with the law, as noted above, will invalidate the Department's permit 11. Provisions for Pedestrians: Where facilities exist, a minimum sidewalk and bikepath width of four feet (4') shall be maintained at all times forsafe passage through the work area At no time shall pedestrians be diverted onto a portion of the street used for vehicular traffic. At locations where adjacent alternate walkways cannot be provided appropriate signs and barricades shall be installed at the limits of construction and in advance of the closure at the nearest crosswalk or intersection to divert pedestrians across the street 12. Protection of Traffic Adequate pro- visions shall be made for the protection of the traveling public Warning signs, lights and safety devices and other measures required for the public safety, shall conform to the require - ments of the Manual of Traffic Controls issued by the Department Traffic control for day or nighttime lane closures shall be in conformance with Department Standard Plans for Traffic Control Systems. Nothing in the permit is intended as to third parties, to impose on permittee any duty, or standard of care, greater than or dif- ferent than the duty o. standard of care imposed by law. 13. Minimum Interference with Traf- fic: All work shall be planned and car- ried out so that there will be the least possible inconvenience to the travel- ing public. The permittee is authorized to place properly attired flagger(s) to stop and warn conventional highway traffic Traffic shall not be unreason - ably delayed. Flagging procedures shall be in conformance with the Instruc- tions to Flaggers pamphlet and/or Manual of Traffic Controls for Construction and Maintenance Work Zones issued by the Department 14. Storage of Equipment and Materials: The permittee shall install temporary railing(Type K) between any lane carry- ing public traffic and any obstacle, material stored, or equipment parked within twelve feet (12') of the lane. Utilities are subject to the provisions of Section 22512 of the California Vehicle Code (CVC). 15. Care of Drainage: If the work contem- plated in any Encroachment Permit shall interfere with the established drainage, ample provision shall be made by the permittee to provide for it as may be directed by the Department 16. Making Repairs: In every case, the per - mittee shall be responsible for restor- ing to its former condition as nearly as may be possible any portion of the State highway facility which has been excavated or otherwise disturbed by permittee. The permittee shall main- tain the surface over facilities placed under any permit If the highway 1s not restored as herein provided for, or if the Department elects to make repairs, permittee agrees by acceptance of per- mit to bear the cost thereof. 17. Permits for Record Only: If occupa- tion of highway right -of -way is under joint use agreement or under prior easement, Encroachment Permits will be issued to the permittee for the pur- pose of providing the Department with notice and a record of work The permit will also specify the current terms and conditions relating to public safety. No new or different rights or obligations are intended to be created by the permit in such cases, and all such prior rights shall be fully protected. Encroachment Permits issued in such cases shall have designated across the face thereof, "Notice and Record Purposes Only'. (District Office of Right of Way must give approval for this designation.) 18. Clean Up Right-of-Way- Upon com- pletion of the work, all brush, timber, scraps, material, etc, shall be entirely removed and the right -of -way shall be left in as presentable a condition as existed before work started. 19. Cost of Work: Unless otherwise stated on the permit or other separate written agreement, all costs incurred for work withing the State right -of -way pur- suant to this Encroachment Permit shall be borne by the permittee, and permittee hereby waives all claims for indemnification or contribution from the State for such work 20. Actual Cost Billing: Whenthepermlt- tee is to be billed actual costs (as indicated on the face of the permit), such costs will be at the current hourly rate established by the Department for Encroachment Permits. 21. Submit Plan: For installation of all underground facilities, and all surface work or other activity of consequence the permittee shall furnish five (5) sets of plans showing location and con- struction or other activity with its application. Thirty (30) days after 22. Pdca 24. completion and acceptance of the work, one (1) set of as -built plans shall be submitted to the District Bond(imo This permit shall not be effective for any purpose unless, and until the permittee files with the Department a surety bond when required by the Department in the form and amount required by the Department A bond is not ordinarily required of any public corporation or publicly or privately -owned utility but will be required of any utility that fails to meet any obligation arising out of the work permitted or done under an Encroachment Permit or fails to main- tain its plant, work, or facilities. The said bond shall remain in force for a period of one (1) year after acceptance of the work by the Department Maintenance of Hi&ways: The permittee agrees, by acceptance of a permit, to properly maintain any encroachment This will require inspection and repair of any damage to State facilities resulting from the encroachment Reopon©ibility for Damage: The State of California and all officers and employees thereof, including but not limited to the Director of Transporta- tion and the Deputy Director, shall not be answerable or accountable in any manner, for injury to or death of any person, including but not limited to the permittee, persons employed by the permittee, persons acting in behalf of the permittee; or for damage to pro- perty from any cause. The permittee shall be responsible for any liability imposed by law and for injuries to or death of any person, including but not limited to the permittee, persons employed by the permittee, persons acting in behalf of the permittee, or damage to property arising out ofwork, or other activity permitted and done by the permittee under a permit, or aris- ing out of the failure on the permittee s part to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the pro- gress of the work, or other activity, or at any subsequent time work or other activity is being performed under the obligations provided by and contem- plated by the permit The permittee shall indemnify and save harmless the State of California and all officers and employees thereof, including but not limited to the Direc- tor of Transportation and the Deputy Director, from all claims, suits or actions of every name, kind and des- cription brought for or on account of injuries to or death of any person, including but not limited to the permittee, persons employed by the permittee, persons acting in behalf of the permittee and the public, or damage to property resulting from the performance of work or other activity under the permit, or arising out of the failure on the permittee s part to per- form his obligations under any permit in respect to maintenance oranyother obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity or at any subse- quent time work or other activity is being performed under the obligations provided by and contemplated by the permit, except as otherwise provided by statute. The duty of the permittee to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. The permittee waives any and all rights to any type of expressed or implied indemnity against the State, its officers or employees It is the intent of the parties that the permittee will indemnify and hold harmless the State, its officers and employees from any and all claims, suits or actions as set forth above regardless of the exis- tence or degree of fault or negligence, whether active or passive, primary or secondary, on the part of the State, the permittee, persons employed by the permittee, or persons acting in behalf of the permittee. 25. Federal Civil Rights Requirements for Public Accommodation: A The permittee, for himself, his personal representatives, successors 4n interest and assigns, as part of the considera- tion hereof, does hereby covenant and agree that 1) no person on the grounds of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, 2) that in connection with the construction of any improvements on said lands and the furnishing of services thereon, no dis- crimination shall be practiced in the selection of employees and contrac- tors, by contractors in the selection and retention of first -tier subcontrac- tors in the selection of second -tier subcontractors, 3) :hat such dis- crimination shall not be practiced against the public in their access to and use of the facilities and services providcd for public accommodations (such as eating, sleeping rest, recrea- tion), and operated on, over, or under the space of the right -of -way, and 4) that the permittee shall use the pre- mises in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A Office of the Secretary of commerce, part 8 (15 C.F.R. Part 8) and as said Regulations may be amended. B, That in the event of breach of any of the above nondiscrimination covenants. the State shall have the right to ter- minate the permit and to re -enter and repossess said land and the facilities thereon, and hold the same as if said permit had never been r. -Aade or issued 26. No Precedent Established: this per- mit is issued with the understanding that any particular action is not to be considered as establishing any precen- dent (1) on the question of the expediency of permitting any certain kind of encroachment to be erected within right -of -way of State highways. or (2) as to any utility of the accep- tability of any such permits as to any other or future situation 27. Archaeological• The permittee shall cease work in the vicinity of any archaeological resources that are revealed. The Permit Engineer sh _l' be notified immediately. A qualified archaeologist, retained by the permit - tee, will evaluate the situation and make recommendations to the Permit Engineer concerning the continuation of the work 28. Future Moving of Installations: If the Encroachment Permit was issued at the request of the permittee, it is understood that whenever State con- struction, reconstruction or main- tenance work on the highway requ;: -_s the installation to be moved adjusted or relocated the permittee, at his sole expense, upon request of the Depa; ment, shall comply with said request 29. Prevailing Wager: Construction, alteration, demolition, repair or main- tenance work performed under a per- mit issued by the Department ofTrans- portation may require the owner /per- mittee to pay all workers employed by the contractor and subcontractors the appropriate predetermined prevailing wage rates as set by the Director of the Department of Industrial Relations. See California Labor Code. Division 2. Part 7, (commencing with section 1720). Streets and Highways Code. Chapter 3, Article 2 Section 671.1, and Opinion of the Attorney General of the State of California, No. 86 -803, dated December 31, 1986. Inquiries or requests for interpret- ations relative to the enforcement of prevailingwage requirement should be directed to the State of California Departmen', of Industrial Relations, 525 Golden Gate Avenue, San Fran- cisco, California 94102. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. -o,5-7 AGENDA ITEM MEETING DATE: January 3, 1989 CITY MGR. ORIGINATING DEPT. City Clerk SUBJECT: MUNICIPAL ELECTION 1990: ISSUES TO BE DECIDED BEFORE NOMINATION PERIOD Recommended Motion: Authorize candidate's statements of 200 or 400 words. Direct staff to prepare resolution requiring that candidates pay costs of printing the candidate statement in the sample ballot, with advance deposit of $87.50 if 200 -word limit is set and $175 if 400 -word limit is set. Report summary: The next municipal election is June 5, and the nomination period begins in early February. Certain issues must be decided before the nomination period. Normally the costs of the candidate statements are recouped by requiring advance payment of the estimated costs from the candidates, with any excess payment being refunded. If the Council wishes, however, the City can pay for the candidate statements. For the last several elections, the length of the candidate statement has been 400 words and advance payment has been required for the statement. Fiscal Impacts: Cost of each candidate statement is estimated at $87.50 to $175. Attachments: None. Motion and Vote: