06/06/2022 City Council Regular Agenda Packet
June 2, 2022 10:30 AM City Council Regular Meeting Agenda Page1 MAYOR
Marie Blankley
COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Zach Hilton
Peter Leroe-Muñoz
Carol Marques
Fred Tovar
CITY COUNCIL
AGENDA
CITY OF GILROY
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET
GILROY, CA 95020
REGULAR MEETING 6:00 P.M.
MONDAY, JUNE 6, 2022
CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org
AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING
Due to COVID-19, it is possible that the planned in-person meeting may have to change to a virtual
meeting at any time and possibly on short notice. Please check the City of Gilroy website at
http://gilroyca.iqm2.com/Citizens/default.aspx for any updates to meeting information.
COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY
THE CITY COUNCIL. Public testimony is subject to reasonable regulations, including but not
limited to time restrictions for each individual speaker. Please limit your comments to 3 minutes.
The amount of time allowed per speaker may vary at the Mayor’s discretion depending on the
number of speakers and length of the agenda.
Written comments on any agenda item may be emailed to the City Clerk’s Office at
cityclerk@cityofgilroy.org or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna
Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1 p.m. on the day of a
Council meeting will be distributed to the City Council prior to or at the meeting and available for
public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351
Rosanna Street prior to the meeting. Any correspondence received will be incorporated into the
meeting record. Items received after the 1 p.m. deadline will be provided to the City Council as
soon as practicable. Written comments are also available on the City’s Public Records Portal at
https://bit.ly/3G1vihU.
In compliance with the Americans with Disab ilities Act, and Assembly Bill 361, the City will make
reasonable arrangements to ensure accessibility to this meeting. If you need special assistance
to participate in this meeting, please contact the City Clerk a minimum of 72 hours prior to the
meeting at (408) 846-0204.
If you challenge any planning or land use decision made at this meeting in court, you may be
limited to raising only those issues you or someone else raised at the public hearing h eld at this
meeting, or in written correspondence delivered to the City Council at, or prior to, the public
hearing. Please take notice that the time within which to seek judicial review of any final
administrative determination reached at this meeting is governed by Section 1094.6 of the
California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code Section
54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City
on the advice of its legal counsel, based on exi sting facts and circumstances, there is a
City Council Regular Meeting Agenda
06/6/2022 Page2 significant exposure to litigation against the City.
Materials related to an item on this agenda submitted to the City Council after distribution of the
agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org
subject to Staff’s ability to post the documents before the meeting.
KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE
Government's duty is to serve the public, reaching its decisions in full view of the
public. Commissions, task forces, councils and other agencies of the City exist
to conduct the people's business. This ordinance assures that deliberations are
conducted before the people and that City operations are open to the people's
review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT
ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A
VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT
COMMISSION STAFF AT (408) 846-0204
The agenda for this regular meeting is as follows:
1. OPENING
1.1. Call to Order
1. Pledge of Allegiance
2. Invocation
3. City Clerk's Report on Posting the Agenda
4. Roll Call
1.2. Orders of the Day
1.3. Employee Introductions
2. CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
2.1.1. Retirement Proclamation of Patrick Sullivan
3. PRESENTATIONS TO THE COUNCIL
3.1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT
ON THE AGENDA BUT WITHIN THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL
This portion of the meeting is reserved for persons desiring to address the Council
on matters within the Gilroy City Council’s jurisdiction but not on the agenda.
Persons wishing to address the Council are requested to complete a Speaker’s
Card located at the entrances and handed to the City Clerk. Speakers are limited to
1 to 3 minutes each, varying at the Mayor’s discretion depending on the number of
speakers and length of the agenda. The law does not permit Council action or
extended discussion of any item not on the agenda except under special
circumstances. If Council action is requested, the Council may place the matter on
a future agenda.
Written comments to address the Council on matters not on this agenda may be e -
mailed to the City Clerk’s Office at cityclerk@cityofgilroy.org or mailed to the
Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020.
Comments received by the City Clerk’s Office by 1:00pm on the day of a Council
City Council Regular Meeting Agenda
06/6/2022 Page3 meeting will be distributed to the City Council prior to or at the meeting and
available for public inspection with the agenda packet located in the lobby of
Administration at City Hall, 7351 Rosanna Street, prior to the meeting. Any
correspondence received will be incorporated into the meeting record . Items
received after the 1:00pm deadline will be provided to the City Council as soon as
practicable. Written material provided by public members under this section of the
agenda will be limited to 10 pages in hard copy. An unlimited amount of material
may be provided electronically.
4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Gilroy Sister Cities Association (alternate), Santa Clara Co.
Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South
County Regional Wastewater Authority Board, Street Naming Committee
Council Member Armendariz – ABAG (Alternate), CalTrain Policy Group, Gilroy
Downtown Business Association Board (alternate), Gourmet Alley Ad Hoc Committee,
Historic Heritage Committee, Santa Clara Co. Library JPA (alterna te), Santa Clara
Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority
JPA Board (Alternate), Street Naming Committee, VTA Committee for Transit
Accessibility (Alternate)
Council Member Marques – Gilroy Downtown Business Association Board, Gilroy
Gardens Board of Directors, Gourmet Alley Ad Hoc Committee, Historic Heritage
Committee (Alternate), Santa Clara Valley Habitat Agency Governing Board, Santa
Clara Valley Habitat Agency Implementation Board, South County Regional Wastew ater
Authority (Alternate)
Council Member Hilton – Gilroy Economic Development Partnership, Silicon Valley
Clean Energy Authority JPA Board, South County United for Health, Visit Gilroy
California Welcome Center Board
Council Member Tovar – Economic Development Corporation Board, Gourmet Alley
Ad Hoc Committee, Recycling and Waste Reduction Commission, Santa Clara Co.
Expressway Plan 2040 Policy Advisory Board, SCVWD Water Commission (alternate),
South County Joint Recycled Water Advisory Committee, South County Regional
Wastewater Authority Board, Street Naming Committee, South County Youth Task
Force Policy Team (alternate), VTA Committee for Transit Accessibility
Council Member Leroe-Muñoz – ABAG, CalTrain Policy Group (alternate), Cities
Association of Santa Clara County Board of Directors, Economic Development
Corporation Board, Gilroy Youth Task Force, SCVWD Water Commission, Silicon
Valley Regional Interoperability Authority Board, South County Youth Task Force Policy
Team, VTA Mobility Partnership, VTA South County City Group (alternate), VTA Policy
Advisory Committee (alternate)
Mayor Blankley – Cities Association of Santa Clara Co. Board of Directors (alternate),
Gilroy Economic Development Partnership, Gilroy Sister Cities Association, Gilroy
Youth Task Force (alternate), Santa Clara Valley Habitat Agency Governing Board,
SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Joint
Recycled Water Advisory Committee, South County Regional Wastewater Authority
Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Advisory
Committee, VTA South County City Group
City Council Regular Meeting Agenda
06/6/2022 Page4 5. FUTURE COUNCIL INITIATED AGENDA ITEMS
6. CONSENT CALENDAR (ROLL CALL VOTE)
All matters listed under the Consent Calendar are considered by the City Council to be routine
and will be enacted by one motion. There will be no separate discussion of these items unless a
request is made by a member of the City Council or a member of the public. Any person desiring
to speak on any item on the consent calend ar should ask to have that item removed from the
consent calendar prior to the time the Council votes to approve. If removed, the item will be
discussed in the order in which it appears.
6.1. City Council - Regular Meeting - May 16, 2022 6:00 PM
6.2. A Resolution of the City Council of the City of Gilroy Setting the
Appropriation Limit for Fiscal Year 2022-23
6.3. Approval of a Notice of Acceptance of Completion and Reduction of
the Faithful Performance and Payment Security Bonds for Property
Improvement Agreement No. 2018-02, Home Ranch – Tract 10302
6.4. Approval of the First Extension Term of the Agreement for Golf
Course Services with Gilroy Golf Course, Inc.
6.5. Third Amendment to Agreement for Services with Alpine Landscapes
for Community Facilities District (CFD) Landscape Maintenance
Services
6.6. Consent to the Appointment of Sharon Goei as Community
Development Director
7. BIDS AND PROPOSALS
7.1. AWS Data Center Environmental Impact Review (EIR) Award of
Consultant Contract
1. Staff Report: Cindy McCormick, Customer Service Manager
2. Public Comment
3. Possible Action:
Award a Contract to Circlepoint in the amount of $175,000 for preparation of the
AWS Data Center EIR and authorize the City Administrator to execute the
contract and associated documents.
City Council Regular Meeting Agenda
06/6/2022 Page5 7.2. Award a Contract to Ausonio, Inc. in the amount of $499,052 for the
Cherry Blossom Apartment Refurbishment Project
1. Staff Report: Walter Dunckel, Facilities Superintendent
2. Public Comment
3. Possible Action:
It is staff's recommendation for the City Council to:
1. Adopt a resolution of the City Council of the City of Gilroy amend ing the fiscal
year 2022-2023 budget to appropriate $499,052 for this project: $250,000
from the fund balance of the Housing Trust Fund, $150,000 from the General
Fund, and $99,052 from the fund balance of Facilities Internal Service Fund.
2. Award a construction contract in the amount of $499,052 to Ausonio, Inc. for
the refurbishment of the Cherry Blossom Apartment building.
3. Authorize the City Administrator to execute the related contract documents
and approve any future change orders and items within the approved project
budget.
8. PUBLIC HEARINGS
9. UNFINISHED BUSINESS
10. INTRODUCTION OF NEW BUSINESS
10.1. Consideration of Entering into an Agreement with Visit Gilroy for
Tourism-Related Economic Development Services and Adopting a
Resolution of the City Council of the City of Gilroy Amending the
Budget for the City of Gilroy for Fiscal Year 2022-23
1. Staff Report: Bryce Atkins, Senior Management Analyst
2. Public Comment
3. Possible Action:
Council:
a) Approve the agreement and authorize the City Administrator to execute; and
b) Adopt a resolution amending the Fiscal Year 2022-23 Operating Budget.
10.2. Approval of Third Extension of the Exclusivity Agreement with
Sharks Sports & Entertainment, LLC to Fully Assess the Potential of
Having the Sharks Organization Operate a New Indoor Recreational
Facility
1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. Possible Action:
Approve the third extension to the exclusivity agreement with the Sha rks Sports
& Entertainment, LLC, and authorize the City Administrator to execute the
agreement.
City Council Regular Meeting Agenda
06/6/2022 Page6 10.3. Wiley House Lease Amendment
1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. Possible Action:
Approve an amendment to the lease with Advantage Peak, LLC for use of the
City-owned property at 140 5th Street, also known as the Wiley House.
10.4. Adopt a Resolution of the City Council of the City of Gilroy
Authorizing the City Administrator to Execute Agreements with the
California Department of Transportation for the City Of Gilroy’s Clean
California Grant Project
1. Staff Report: Karine Decker, Management Analyst - Economic Development
2. Public Comment
3. Possible Action:
Council adopt the resolution.
10.5. Approval of Capital Improvement Plan Projects for Funding by the
Road Repair and Accountability Act of 2017 (SB-1) Funds
1. Staff Report: Ogarita Carranza, Management Analyst
2. Public Comment
3. Possible Action:
Adopt a Resolution of the City Council of the City of Gilroy adopting a list of
projects for Fiscal Year 2022-23 to be funded by SB-1: The Road Repair and
Accountability Act of 2017.
11. CITY ADMINISTRATOR'S REPORTS
11.1. Update on the City’s Social Media Strategy
11.2. Summer Aquatics Program
11.3. Potential Design-Build Charter Amendment
12. CITY ATTORNEY'S REPORTS
City Council Regular Meeting Agenda
06/6/2022 Page7 13. CLOSED SESSION
13.1. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE
BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC
Section 17A.11 (4)
Collective Bargaining Units: AFSCME Local 101 (General &
Supervisory Units) Representing Employees Affiliated with AFSCME,
Local 101; Local 2805, IAFF Fire Unit Representing Gilroy Firefighters;
Gilroy Management Association Representing Mid-Management
Employees; Unrepresented Exempt Employees (Confi dential, Department
Heads & Council-Appointed); Unrepresented Confidential Non-Exempt
Employees; Part-Time/Temporary/Seasonal Employees (Hourly &
Exempt)
City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips,
Administrative Services & Human Resources Director/Risk Manager
Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits,
Working Conditions; Memorandums of Understanding: City of Gilroy and
Gilroy Fire Fighters Local 2805, City of Gilroy and AFSCME, Local 101
General & Supervisory Units; City of Gilroy and Gilroy Management
Association (GMA)
1. Receive Public Comment on Closed Session Item.
14. ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstention of each
Councilmember if required by Government Code Section 54957.1 and GCC Section
17A.13 (a); Public Report of the vote to continue in closed session if required under
GCC Section 17A.11 (e)
15. ADJOURNMENT
FUTURE MEETING DATES
JUNE 2022
20* Regular Meeting - 6:00 p.m.
JULY 2022
5* Regular Meeting - 6:00 p.m.
AUGUST 2022
1* Regular Meeting - 6:00 p.m.
15* Regular Meeting - 6:00 p.m.
SEPTEMBER 2022
12* Regular Meeting - 6:00 p.m.
19* Regular Meeting - 6:00 p.m.
*Meeting is televised and webstreamed
Proclamation of the City of Gilroy
WHEREAS Patrick “Pat” Sullivan has served the City of Gilroy and the
Gilroy Community for over 34 years; and
WHEREAS Pat began his career as Gilroy Police Reserve Officer in
February 1988 and transitioned to a full -time Gilroy Police
Officer in June 1995; and
WHEREAS Over his career, Pat has served in numerous assignments to
include Patrol, School Resource Officer, Field Training
Officer, SWAT, Regional Auto Theft Task Force (RATTF)
Investigator, Defensive Tactics Instructor, DARE Officer, and
the Honor Guard; and
WHEREAS Pat has dedicated himself to the highest standards of
professionalism and excellence as an officer with the Gilroy
Police Department; and
WHEREAS On June 1, 2022, Officer Pat Sullivan retired from the Gilroy
Police Department with the sincere gratitude and appreciation
of the Gilroy City Council for his years of dedicated public
service to our fine City.
NOW, THEREFORE, I, MARIE BLANKLEY, Mayor of the City of
Gilroy, and on behalf of the City Council, the citizens and
employees of Gilroy, join in thanking
Patrick Sullivan
For his commitment of service and wish him well in retirement for years to come.
Marie Blankley
Mayor, City of Gilroy
2.1.1
Packet Pg. 8 Communication: Retirement Proclamation of Patrick Sullivan (Proclamations, Awards, and Presentations)
City Council Regular Meeting Minutes
May 16, 2022
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City Council Meeting Minutes
05/16/2022
City of Gilroy
City Council Meeting Minutes
May 16, 2022
1. OPENING
1.1. Call to Order
The meeting was called to order at 6:00 PM by Mayor Marie Blankley
1. Pledge of Allegiance
Council Member Marques led the Pledge of Allegiance.
2. Invocation
Pastor Grant Bennett from Gilroy First Baptist Church led the Invocation.
3. City Clerk's Report on Posting the Agenda
City Clerk Pham declared the posting of the agenda.
4. ROLL CALL
Attendee Name Title Status
Marie Blankley Mayor Present
Rebeca Armendariz Council Member Present
Dion Bracco Council Member Present
Zach Hilton Council Member Present
Peter Leroe-Muñoz Vice Mayor Present
Carol Marques Council Member Present
Fred Tovar Council Member Present
1.2. Orders of the Day
There were none.
1.3. Employee Introductions
There were none.
2. CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
There were none.
3. PRESENTATIONS TO THE COUNCIL
3.1. Youth Commission Annual Presentation
Chair Padda provided the presentation.
Possible Action:
3.2. Presentation from Santa Clara County Public Health (Tobacco
Prevention) DRAFT6.1
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Don Tran from Santa Clara County Public Health provided the presentation
and responded to Council Member questions.
3.3. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL
Mayor Blankley opened the public comment period.
The following individuals spoke on items not on the agenda:
Kelly Ramirez served Notice of Intent to Recall to Council Member
Armendariz.
Carol Baker requested urged Council for stronger second -hand smoke
ban ordinance.
Dr. Alan Goldsobel urged Council for stronger second-hand smoke ban
ordinance.
Kiran Kaur from Breathe California expressed full support for Council to
stronger second-hand smoke ban ordinance.
Audrey Fleige described her personal experience from second-hand
smoke and urged Council for stronger second-hand smoke ban ordinance.
Jimmy Apffel from Bloom Energy invited Council and the community to the
second annual Stars and Strides Community Run at San Jose scheduled
for July 2, 2022.
Gabriela Mendoza expressed support for Council Member Armendariz.
There being no further public comment, Mayor Blankley closed public comment.
4.REPORTS OF COUNCIL MEMBERS
Council Member Bracco reported on the Gilroy First Annual Salsa Tasting
Contest and Classic Car Show event and thanked Council Member Tovar for
putting up the event.
Council Member Armendariz had no report.
Council Member Marques had no report, but express support of the Gilroy First
Annual Salsa Tasting Contest and Classic Car Show event.
Council Member Hilton reported on Silicon Valley Clean Energy Authority JPA
Board.
Council Member Tovar reported on the Gilroy First Annual Salsa Tasting Contest
and Classic Car Show event and Downtown Gourmet Alley Ad Hoc Committee.DRAFT6.1
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Vice Mayor Leroe-Muñoz reported on the Cities Association of Santa Clara
County Board of Directors and expressed support and prayers to the victims of
the racially motivated shootings last weekend.
Mayor Blankley reported on VTA Policy Advisory Committee.
5. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Hilton requested to agendize for council to discuss amending
Chapter 19B of the Gilroy Municipal Code regarding smoking prohibitions. The
item received unanimous support.
Council Member Hilton requested an informational item report from City staff with
regards to the Challenge Grant and modular units on City owned property. The
item received majority support.
6. CONSENT CALENDAR (ROLL CALL VOTE)
Mayor Blankley opened public comment.
Jan Guffey urged Council to support agenda item 6.2.
There being no further speakers, Mayor Blankley closed public comment.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques,
Tovar
6.1. City Council - Regular Meeting - May 2, 2022 6:00 PM
A motion was made to approve the minutes.
6.2. A Resolution of the City Council of the City of Gilroy Proclaiming the
Month of May 2022 as Affordable Housing Month
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2022-23
6.3. Resolution Proclaiming the Month of June 2022 as LGBTQ Pride Month
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2022-24
6.4. A Resolution of the City Council of the City of Gilroy Calling a General
Municipal Election for Municipal Officers and Requesting the Santa
Clara County Board of Supervisors Consolidate With the Statewide
General Election to be Held on November 8, 2022 Pursuant to California
Elections Code Section 10403, and Requesting Services of the Registrar
of Voters
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2022-25 DRAFT6.1
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6.5. Award Professional Service Contracts to the Council Approved On-Call
Consultants List for Planning Services, Environmental Reviews and
Historical Evaluations (21-RFQ-CDD-330)
A motion was made to award the contract and authorize the City
Administrator to execute the contracts and associated documents.
6.6. Extension of the City of Gilroy “Al Fresco” Outdoor Dining Program
Through May 31, 2023
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2022-26
6.7. A Resolution of the City Council of the City of Gilroy Res cinding
Resolution No. 2012-46 and Adopting the Updated Complete Streets
Policy
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2022-27
6.8. Claim of Maria Galeana (The City Administrator recommends a “yes”
vote under the Consent Calendar shall constitute the denial of the
claim.)
A motion was made to deny the claim.
6.9. Second Reading and Adoption of An Ordinance of the City Council of
the City of Gilroy Military Use Policy 708 Pursuant to Assembly Bill 481
A motion was made to adopt the ordinance.
Enactment No.: Ordinance No. 2022-04
7. BIDS AND PROPOSALS
There were none listed.
8. PUBLIC HEARINGS
8.1. Approval of the Community Development Block Grant and Permanent
Local Housing Allocation Public Service Grant Allocations and Community
Development Block Grant Annual Action Plan for Fiscal Year 2022-2023
(Continued from May 2, 2022 City Council Regular Meeting)
Mayor Blankley asked Council Members if they received any ex -parte
communications. No ex-parte communications were reported.
Council Member Armendariz notified she will be recusing herself from this item.
Program Administrator Zamora gave staff presentation and responded to Council
Member questions.
Mayor Blankley reopened Public Hearing at 7:08 PM.
DRAFT6.1
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The following individuals expressed support of funding CARAS that administers
the RYSE UP Program:
Marty Estrada
Yesenia Andrade
Sofia Montes
Gabriela Mendoza
Alexis Guzman Alarcon
Isabel Santos
There being no further comments, Mayor Blankley closed the Public Hearing at
7:20 PM.
Council discussion ensued with regards to the item.
Mayor Blankley reopened the Public Hearing at 7:51 PM.
Marty Estrada stated that CARAS not doing nefarious and emphasized
that CARAS and Council need to work together.
Raymundo Armndariz stated that funds would not pay the staff and
provided information in whom would be paid by the funds.
Sally Armendariz stated that CARAS’s 990s are current that she does not
get paid working at the organization.
There being no further comments, Mayor Blank ley closed the Public Hearing at
8:00 PM.
A motion was made by Mayor Blankley, seconded by Council Member
Leroe-Munoz, to approve Option D, reallocating the $8,500.00 and
$20,000.00 to the other organizations within Option D in the same
percentages. The motion failed by the following vote:
RESULT: FAILED [2 TO 4 WITH 1 RECUSAL]
MOVER: Marie Blankley, Fred Tovar
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Marie Blankley, Peter Leroe-Muñoz
NAYS: Dion Bracco, Zach Hilton, Carol Marques, Fred Tovar
RECUSED: Rebeca Armendariz
x A motion was made by Council Member Hilton, seconded by Council
Member Tovar, to approve Option D as recommended by staff and moving
forward, staff provides Council the information on who directly benefits
from the grants. The motion passed by the following vote: DRAFT6.1
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RESULT: APPROVE AS AMENDED [5 TO 1 WITH 1 RECUSAL]
MOVER: Zach Hilton, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
NAYS: Marie Blankley
RECUSED: Rebeca Armendariz
x A motion was made by Council Member Tovar, seconded by Council
Member Bracco, to adopt the 2022-2023 Annual Action Plan.
RESULT: APPROVE [6 TO 0 WITH 1 RECUSAL]
MOVER: Fred Tovar, Council Member
SECONDER: Zach Hilton, Council Member
AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
RECUSED: Rebeca Armendariz
9. UNFINISHED BUSINESS
There were none.
10. INTRODUCTION OF NEW BUSINESS
10.1. Consideration of a Resolution Authorizing the Enforcement of Assembly
Bill No. 1276 Prohibiting Food Facilities from Providing Any Single-Use
Foodware Accessory or Standard Condiment Under Certain Conditions
Senior Management Analyst Atkins gave staff presentation and responded to
Council Member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment.
Possible Action:
Council adopt the resolution.
RESULT: APPROVE [6 TO 1]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Zach Hilton, Council Member
AYES: Blankley, Armendariz, Hilton, Leroe-Muñoz, Marques, Tovar
NAYS: Dion Bracco
10.2. Approve a School Resource Officer Memorandum of Understanding for
Fiscal Year 2022-2023
Chief Espinoza gave staff presentation and responded to Council Member
questions.
Mayor Blankley opened Public Comment.
DRAFT6.1
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The following speakers expressed opposition to the item:
Marty Estrada
Raymundo Armendariz
Luis Castro
Joel Simancas
Xavier Garcia
Samuel Bass
Deborah Padilla from Gilroy Unified School District requested Council to
approve the resolution.
Ron Kirkish stated School Resource Officers are needed to protect
students.
There being no further comments, Mayor Blankley closed public comment.
Possible Action:
Adopt a resolution of the City Council of the City of Gilroy authorizing the
City Administrator to enter into an agreement between the City of Gilroy
and Gilroy Unified School District for two school resource officers,
including cost sharing, for fiscal year 2022-2023.
RESULT: APPROVE [5 TO 2]
MOVER: Fred Tovar, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar
NAYS: Rebeca Armendariz, Zach Hilton
10.3. Introduction of Comprehensive User Fee Study Update
Finance Director Sangha gave staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment.
Possible Action:
Receive report.
RESULT: RECEIVE REPORT
10.4. Receive an Update on the Refinancing Pension Obligations Project and
Approval of Issuance of the Pension Obligation Bonds
Finance Director Sangha gave staff presentation and responded to Council
Member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment. DRAFT6.1
Packet Pg. 15 Minutes Acceptance: Minutes of May 16, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City Council Regular Meeting Minutes
May 16, 2022
Page 8 of 8
City Council Meeting Minutes
05/16/2022
Possible Action:
1. Receive an update.
2. Direct staff to refinance the pension obligation via issuance of
pension obligation bonds.
RESULT: RECEIVE REPORT
11. CITY ADMINISTRATOR'S REPORTS
11.1. Gilroy PD Use of Flock Security Cameras
City Administrator Forbis provided staff presentation on t his item. City
Administrator Forbis and Chief Espinoza responded to Council Member
questions.
11.2. Civic Center Projects
City Administrator Forbis provided staff presentation on this item.
11.3. Small Business Relief Program
City Administrator Forbis provided staff presentation on this item.
11.4. CalHome Program County Award
City Administrator Forbis provided staff presentation on this item.
12. CITY ATTORNEY'S REPORTS
There were none.
13. CLOSED SESSION
There were none.
14. ADJOURNMENT
The meeting was adjourned at 9:19 P.M. by Mayor Blankley.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at
a regular meeting of the City Council of the City of Gilroy.
/s/ Thai Pham, CMC, CPMC
City Clerk DRAFT6.1
Packet Pg. 16 Minutes Acceptance: Minutes of May 16, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
City of Gilroy
STAFF REPORT
Agenda Item Title: A Resolution of the City Council of the City of Gilroy Setting the
Appropriation Limit for Fiscal Year 2022-23
Meeting Date: June 6, 2022
From: Jimmy Forbis, City Administrator
Department: Finance Department
Submitted By: Harjot Sangha
Prepared By: Harjot Sangha
Rosemary Guerrero
Strategic Plan Goals
Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Adoption of a Resolution of the City Council of the City of Gilroy setting the
appropriation limit for Fiscal Year 2022-23.
BACKGROUND
Each fiscal year, the City must adopt an appropriation limit on the City’s expenditures
made from tax sources in conformance with Proposition 4, otherwise known as the
GANN Initiative. The GANN Limit typically exceeds the amount of actual City
6.2
Packet Pg. 17
expenditure and serves to set the maximum upper limit of expenditure even though the
City’s expenditures are not as high as the limit itself.
Proposition 4 and the subsequent Proposition 111 sets forth the procedure for
calculating the limit, which is based upon the approved appropriations limit from the
prior year, adjusted each year for inflation and population growth factors. Only those
General Fund revenues received from proceeds of taxes (such as Sales Tax, Property
Tax, Utility Tax, Transient Occupancy Tax, etc.) are subject to this limit. In addition,
proceeds of taxes may be spent on several types of appropriations which do not count
against the GANN Limit. The law allows a city to spend tax proceeds on voter -approved
debt, costs of complying with court orders and federal mandates, with certain
restrictions, and expenditures for qualified capital outlay. Appropriations for these
excludable categories do not count against the GANN Limit.
ANALYSIS
The indices used for calculating the appropriation limit were the Ca lifornia per capita
income growth (7.55%) and the City of Gilroy’s population growth (-0.21%). Based on
these factors, the appropriation limit for 2022-23 is $223,073,200. The City’s tax
proceeds subject to the FY 2022-23 GANN Limit, based on budgeted projections, are
equal to $45,143,819.
Fiscal Year 2021-22 Appropriation Limit $ 207,849,967
Fiscal Year 22-23 Growth Factors based on California Per Capita
Income (7.55%) and the City of Gilroy Population Change (-0.21%)
(1.0755 * 0.9979 = 1.0732)
1.0732
Fiscal Year 2022-23 Appropriation Limit $ 223,073,200
Fiscal Year 2022-23 Appropriations Subject to Limit (Budgeted Tax
Proceeds)
$ 45,143,819
Dollar Amount Under Limit $ 177,929,381
The calculations and worksheets for this determination a re attached to this staff report.
ALTERNATIVES
6.2
Packet Pg. 18
No other viable alternative is available. The establishment of the G ANN Limit is required
by the State Constitution, and methodology established by Proposition 4 and the
subsequent Proposition 111.
FISCAL IMPACT/FUNDING SOURCE
None. Preparation of the annual GANN limit calculations and related adoption of the
resolution is an annual activity of the Finance Department and included in its workplan.
CONCLUSION
Based upon the formula set forth in Proposition 111, the difference of $177,929,381
demonstrates that the City is substantially below the maximum allowable appropriati on
limit and should remain so for the foreseeable future.
Attachments:
1. Draft Resolution
2. Gann Limit Calculations
6.2
Packet Pg. 19
RESOLUTION NO. 2022-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ADOPTING THE CITY OF GILROY
APPROPRIATION LIMIT FOR FISCAL YEAR 2022-23
WHEREAS, the voters of the State of California elected to add Article XIII. B. of the
California Constitution known as the Gann Initiative and Proposition 4; and
WHEREAS, the State of California, Department of Finance, and the League of California
Cities have established uniform guidelines and have published appropriate percentages for
California per capita personal income and population changes for the implementation of the subject
limit.
NOW, THEREFORE, BE IT RESOLVED that the appropriation limit for the City of
Gilroy for Fiscal Year 2022-23 is $223,073,200.
PASSED AND ADOPTED this 6th day of June 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
6.2.a
Packet Pg. 20 Attachment: Draft Resolution (3785 : Gann Limit FY23)
Fiscal Year 2021-22 Adopted Limit 207,849,967$
Population Factor (City Growth)0.9979
Inflation Factor (California per capita income)1.0755
Fiscal Year 2022-23 Limit 223,073,200$
DETERMINATION OF THE APPROPRIATIONS LIMIT
CITY OF GILROY
FY 2022-23
6.2.b
Packet Pg. 21 Attachment: Gann Limit Calculations (3785 : Gann Limit FY23)
AMOUNT
A. Proceeds of Taxes 45,143,819$
B. Exclusions
C. Appropriations Subject to Limitation*45,143,819$
D. Current Year Limit 223,073,200$
E. Over (Under) Limit (177,929,381)$
* As of June 6, 2022
APPROPRIATIONS SUBJECT TO LIMITATION
CITY OF GILROY
FY 2022-23
BUDGET
6.2.b
Packet Pg. 22 Attachment: Gann Limit Calculations (3785 : Gann Limit FY23)
Proceeds Non-Proceeds
REVENUE of Taxes of Taxes Total
TAXES
Property taxes 16,384,380.00$ -$ 16,384,380.00$
Sales & Use Tax 20,576,773.00 - 20,576,773.00
Business Licence Tax 586,496.00 - 586,496.00
Utility Users Tax 4,307,959.00 - 4,307,959.00
Transient Occupancy Tax 1,833,898.00 - 1,833,898.00
Special Police or Fire - - -
Admissions Tax - - -
Parking Tax (not fines)- - -
Other Taxes 530,400.00 - 530,400.00
FROM STATE
Motor Vehicle in Lieu 34,161.00 - 34,161.00
Trailer Coach in Lieu - - -
Off-Highway Vehicles - - -
Gasoline Tax - - -
Cigarette Tax - - -
Homeowners Relief 31,620.00 - 31,620.00
State Grants - 118,500.00 118,500.00
Williamson Open Space - - -
Tidelands Trust - - -
SB90 Reimbursements - - -
Repealed Subventions - - -
Liquor Licence Fee - - -
Highway carriers - - -
Financial Aid to Locals - - -
Business Inventory - - -
78-79 Bailout Funds - - -
OTHER GOVERNMENTS
General Revenue Sharing - - -
Community Development (CDBG)- - -
Housing (HUD)- - -
C R A Reimbursement - - -
Federal - -
LOCALLY RAISED
Special Benefit Assessments - - -
Licences and Permits - - -
Business Licences - Regulatory - - -
Development Fees - - -
Franchise Fees - 1,753,800.00 1,753,800.00
Rents, Royalties,Concessions - - -
Fines, Forfeitures, Penalties - 204,676.00 204,676.00
USER FEES
GENERAL FUND
CALCULATION OF PROCEEDS OF TAXES
CITY OF GILROY
FY 2022-23
BUDGET
6.2.b
Packet Pg. 23 Attachment: Gann Limit Calculations (3785 : Gann Limit FY23)
(from Worksheet #1)815,506.00 3,472,974.00 4,288,480.00
OTHER MISCELLANEOUS
Transfers - 3,387,499.00 3,387,499.00
Miscellaneous - 2,228,773.00 2,228,773.00
SUB-TOTAL 45,101,193.00 11,166,222.00 56,267,415.00
(for Worksheet #2)
INTEREST EARNINGS 42,626.00 10,554.00 53,180.00
(From Worksheet #2)
TOTAL REVENUE 45,143,819.00 11,176,776.00 56,320,595.00
RESERVE WITHDRAWALS - - -
(including appropriated fund balance)
Total of these Funds 45,143,819.00$ 11,176,776.00$ 56,320,595.00$
6.2.b
Packet Pg. 24 Attachment: Gann Limit Calculations (3785 : Gann Limit FY23)
A. NON-INTEREST TAX PROCEEDS 45,101,193$
B, MINUS EXCLUSIONS -$
C. NET INVESTED TAXES 45,101,193$
D. TOTAL NON-INTEREST 56,267,415$
Revenue plus Reserve
Withdraws
E. TAX PROCEEDS AS
PERCENT OF BUDGET 0.80155
F. INTEREST EARNINGS 53,180$
G. AMOUNT OF INTEREST
EARNED FROM TAXES 42,626$
H. AMOUNT OF INTEREST 10,554$
EARNED FROM NON-TAXES
INTEREST EARNINGS PRODUCED BY TAXES
CITY OF GILROY
FY 2022-23
BUDGET WORKSHEET #2
6.2.b
Packet Pg. 25 Attachment: Gann Limit Calculations (3785 : Gann Limit FY23)
USER FEES
Over(Under)
Dept #DEPARTMENT NAME USER FEES COSTS COSTS
2601 Engineering 1,088,000.00$ 1,321,560.00$ (233,560.00)$
2602 Planning 451,200.00 1,424,615.00 (973,415.00)
2603 B.L.E.S.2,349,680.00 1,563,201.00 786,479.00
2605 Fire Prevention - Haz Mat 399,600.00 370,573.00 29,027.00
Totals 4,288,480.00$ 4,679,949.00$ (391,469.00)$
USER FEES VERSUS COSTS
CITY OF GILROY
FY 22/23
WORKSHEET #1
6.2.b
Packet Pg. 26 Attachment: Gann Limit Calculations (3785 : Gann Limit FY23)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of a Notice of Acceptance of Completion and Reduction of
the Faithful Performance and Payment Security Bonds for Property
Improvement Agreement No. 2018-02, Home Ranch – Tract 10302
Meeting Date: June 6, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan
Prepared By: Jorge Duran
Jorge Duran
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Approve the Notice of Acceptance of completion and reduction of the faithful
performance and payment security bonds for property improvement agreement number
2018-02, Home Ranch - Tract 10302.
BACKGROUND
In May 2014, Filice Family Estate, a California Limited Partnership (Developer) received
Tentative Map approval for the Home Ranch residential project, to create 52 single-
family residential lots located on East Syrah Drive and Northeast of Santa Teresa
6.3
Packet Pg. 27
Boulevard. [Reference: Resolution No. 2014-19, TM 13-08]. The approvals were to
construct streets, utilities, landscaping, lighting, fences, walls, and open space areas.
On February 26, 2018, Lennar Homes of California, Inc., (formerly CalAtlantic Group,
Inc.) received Council approval of Tract 10302 Final Map and the Property Improvement
Agreement 2018-02 for the development of the site and related Public Improvements of
the Home Ranch subdivision.
The developer has paid plan check and inspection fees, submitted bonding and
insurance for the above referenced Property Improvement Agreement and Tract Map.
DISCUSSION
Chapter 21, Article III, Section 21.81 of the City Code allows the City Council to
authorize a reduction in the payment and performance bonds that the builder provided
prior to the Property Improvement Agreements being accepted by Council. The amount
of the bond reduction is consistent with the amount of work completed at the time of
request. A maintenance bond in the amount of 10% of the construction cost ensures
that defective or damaged improvements will be corrected during the one -year
maintenance warranty period. The project’s actual improvement costs have been
reviewed to ensure that the Maintenance Security amount covers any anticipated issue
with the installed improvements.
The developer, Lennar Homes of California, Inc., (formerly CalAtlantic Group, Inc.)
requests a reduction of Tract 10302 Faithful Performance and Payment Bonds to a
Maintenance Bond. This Maintenance Bond is 10% of the bonds value for the Tract
improvements bond, reducing it for Tract 10302 from the original $1,996,712 to
$199,671. The original security provided for 100% of the estimated construction cost
and payment for tract improvements, which consist of new streets, grading, curb, gutter,
sidewalk, utilities, landscape, and electrical lighting.
The project is fully complete, and the Notice of Completion document is ready for
acceptance and recordation with Santa Clara County. Attachment 3 contains the Notice
of Completion.
ALTERNATIVES
Deny the request to approve the Notice of Acceptance and reduction of the bonds. Staff
does not recommend this option as it will cause costly and unnecessary development
delays.
FISCAL IMPACT
6.3
Packet Pg. 28
The developer has paid plan check and inspection fees, submitted bonding and
insurance for the above referenced Property Improvement Agreement a nd Tract Map.
The Faithful Performance and Payment Bonds held as security will be reduced from
$1,996,712 to $199,671.
Attachments:
1. Vicinity Map
2. PIA No. 2018-02
3. NOC_Home Ranch
6.3
Packet Pg. 29
6.3.aPacket Pg. 30Attachment: Vicinity Map (3772 : NOC Tract 10302 Home Ranch
RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAIL TO:
Shawna Freels
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
23939462
Regina Alcomendras
Santa Clara County - Clerk- Recorder
05/23/2018 10:56 AM
Titles: 1 Pages: 21
Fees: $165.00
Taxes: 0
Total: 165.00
9MA.
SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Property Improvement Agreement No. 2018 -02
HOME RANCH — Tract 10302
APN: 808 -43 -005
CalAtlantic Group, Inc., a Delaware Corporation
7/2/2017
6.3.b
Packet Pg. 31 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
PROPERTY IMPROVEMENT AGREEMENT
RESIDENTIAL
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
Property Improvement Agreement No. 2018 -02
This Property Improvement Agreement ( "Agreement ") is made and entered into this 26th day of
February, 2018, by and between the City of Gilroy, a. municipal corporation, herein called the "City,"
and CalAtlantic Group, Inc., a Delaware Corporation, herein called the "Developer ".
WHEREAS, a final map of subdivision, record of survey or building permit (Site Clearance) application
has now been submitted to the City for approval and acceptance, covering certain real estate and
property improvements known as and called: Home Ranch, APN: 808 -43 -005, a legal description of
which is attached hereto and incorporated herein as Exhibit "A" (the "Property"), and as described in the
project improvement plans entitled Improvement Plans for Home Ranch Tract 10302.
WHEREAS, the Developer is the fee owner of the Property and requires certain utilities and
public works facilities in order to service the Property under the minimum standards established by the
City and,
WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances
and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter
of this Agreement and,
WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities
and public service facilities after acceptance by City, and for providing the necessary connecting system,
general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided
that Developer has faithfully and fully complied with all of the terms, covenants, conditions to be
performed by Developer pursuant to this Agreement.
NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the
intent and purpose of said Codes, Ordinances, Resolutions and Regulations and established policies of
the City and the laws of the State of California and the United States of America it is agreed by and
between the parties as follows:
SECTION 1
That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and
the laws of the State of California and the United States of America concerning the subject matter of this
Agreement are hereby referred to and incorporated herein to the same effect as if they were set out at
length herein. Said Codes, Ordinances, Resolutions, Rule and Regulations include, but are not limited
to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently
adopted Uniform Building Code.
2- 7/25/2017
6.3.b
Packet Pg. 32 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
SECTION 2
The Developer agrees:
a. To perform each and every provision required by the City to be performed by the Developer in each
and every one of said Codes, Ordinances, Resolution, Rules and other Regulations and established
policies of the City and the laws of the State of California and the United States of America,
including without limitation, the California Labor Code and California Public Contract Code.
Developer further agrees and acknowledges that it is its obligation to determine whether, and to what
extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions,
Rules and other Regulations and established policies of the City and the laws of the State of
California, the United States of America, the California Labor Code and Public Contract Code
relating to public contracting and prevailing wage laws.
b. To grant to the City without charge, free and clear of encumbrances, any and all easements and
rights of way in and to the Property necessary for the City in order that its water, electricity, and /or
sewer lines in or to said Property may be extended.
c. To indemnify, defend with counsel of City's choice and hold the City free and harmless from all
suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses
including without limitation attorneys' fees) incurred by City in connection with (i) any damage
done to any utility, public facility or other material or installation of the City on said Property which
the Developer or any contractor or subcontractor of the Developer, or any employee of the
foregoing, shall do in grading or working upon said Property; or (ii) arising or resulting directly or
indirectly from any act or omission of Developer or Developer's contractors, or subcontractors, or
any employee of the foregoing in connection with the work performed by them in connection with
this Agreement, including without limitation all claims relating to injury or death of any person or
damage to any property.
d. To construct and improve all public works facilities and other improvements described in this
Agreement and the improvement plans submitted to the City of Gilroy in furtherance of this
Agreement on file with the City of Gilroy. All construction and improvements shall be completed in
accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and
Regulations and established policies of the City and the laws of the State of California and the
United States of America and this agreement, and in accordance with the grades, plans, and
specifications approved by the City Engineer. Developer shall furnish two good and sufficient
bonds, a Payment Bond on a form provided by the City and a Faithful Performance Bond, both of
which shall be secured from a surety company admitted to do business in California. Each bond shall
set forth a time period for performance by the contractor of its obligations and the terms and
conditions on which the City may obtain the proceeds of the bond.
The Faithful Performance Bond shall be in an amount not less than one hundred percent (100 %) of
the total estimated amount payable for the improvements described in this Agreement, and shall
secure payment to City and the Developer of any loss due to the default of the contractor or its
inability or refusal to perform its contract. The performance bond shall by its terms remain in full
force and effect for a period of not less than one year after completion of the improvements by
Developer and acceptance of the improvements by City, to guarantee the repair and replacement of
defective material and faulty workmanship. Upon completion of the improvements by Developer
and acceptance of the improvements by City, Developer may substitute for the performance bond
securing maintenance described above, a separate maintenance bond issued by an admitted surety in
3- 7/25/2017
6.3.b
Packet Pg. 33 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
the amount of ten percent (10 %) of the total contract price of the improvements (provided that the
amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one -year
maintenance period.
The Payment Bond shall be in an amount not less than one hundred percent (100 %) of the total
estimated amount payable for the improvements described in this Agreement. The Payment Bond
shall secure the payment of those persons or entities to whom the Developer may become legally
indebted for labor, materials, tools, equipment or services of any kind used or employed by the
contractor or subcontractor in performing the work, or taxes or amounts to be withheld thereon. The
Payment Bond shall provide that the surety will pay the following amounts should the Contractor or
a Subcontractor fail to pay the same, plus reasonable attorneys' fees to be fixed by the court if suit is
brought upon the bond: (1) amounts due to any of the persons named in California Civil Code
Section 9100; (2) amounts due under the Unemployment Insurance Code with respect to work or
labor performed for the improvements described in this Agreement; and (3) any amounts required to
be deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to
the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to
those persons or their assigns in any suit brought upon the bond.
Simultaneously with the submission of its building permit application (Site Clearance), the
Developer shall submit the following for both the surety that furnishes the Payment Bond and the
surety that furnishes the Faithful Performance Bond: (1) a current printout from California
Department of Insurance's website (www.insurance.ca.gov) showing that the surety is admitted to
do business in the State; or (2) a certificate from the Clerk of the County of Santa Clara that the
surety's certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended
or in the event that it has, that renewed authority has been granted.
e. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees which
are payable by Developer pursuant to the attached comprehensive fee schedule are due and payable
to the City prior to Council approval of the final map of the subdivision. Upon approval of the
record of survey or the building permit covering the real estate to be improved and before any work
is done therein, the Developer shall pay to the City all other sums payable by Developer pursuant to
the attached comprehensive fee schedule.
At all times during the term of this Agreement and until the improvements constructed by Developer
are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general
liability and property damage insurance in the minimum amount of One Million Dollars
1,000,000), combined single limit for both bodily injury and property damage; (b) workers'
compensation insurance as required by law; and (c) broad form "Builder's Risk" property damage
insurance with limits of not less than 100% of the estimated value of the improvements to be
constructed by Developer pursuant to this Agreement.
All such policies shall provide that thirty (30) days written notice must be given in advance to City
prior to termination, cancellation or modification. The insurance specified in (a) above shall name
City as an additional insured and the insurance specified in (c) shall name City as a loss payee, and
shall provide that City, although an additional insured or loss payee, may recover for any loss
suffered by reason of the acts or omissions of Developer or Developer's contractors or
subcontractors or their respective employees. Developer hereby waives, and Developer shall cause
each of its contractors and subcontractors to waive, all rights to recover against City for any loss or
4- 7/25/2017
6.3.b
Packet Pg. 34 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
damage arising from a cause covered by the insurance required to be carried pursuant to this
Agreement or actually carried by Developer in connection with the work described in this
Agreement, and will cause each insurer to waive all rights of subrogation against City in connection
therewith. All policies shall be written on an occurrence basis and not on a claims made basis and
shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant
this Agreement, Developer shall deliver to City the insurance company's certificate evidencing the
required coverage, or if required by City a copy of the policies obtained.
SECTION 3
That all the provisions of this Agreement and all work to be done pursuant to the terms of this
Agreement are to be completed to City's satisfaction within one year from and after the date and year of
this Agreement first above written. Developer shall maintain such public works facilities and other
improvements described in this Agreement at Developer's sole cost and expense at all times prior to
acceptance by City in a manner which will preclude any hazard to life or health or damage to property.
SECTION 4
That the faithful and prompt performance by the Developer of each and every term and condition
contained herein is made an express condition precedent to the duty of the City to perform any act in
connection with this transaction, and the failure, neglect or refusal of the Developer to so perform, or to
pay any monies due hereunder when due shall release the City from any and all obligations hereunder
and the City, at its election, may enforce the performance of any provision herein, or any right accruing
to the City or may pursue any remedy whatsoever it may have under applicable laws or the Codes,
Ordinances, Resolutions, Rules and Regulations of the City, in the event of any such default by
Developer.
SECTION 5
That this Agreement, including without limitation the general stipulations outlined in Section 6 below,
is an instrument affecting the title or possession of the real property and runs with the land. Except as
expressly provided in the second sentence of Item 9 of the general stipulations set forth in Section 6
below (relating to the payment of reimbursement to the original Developer named in this Agreement),
all the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of
City, Developer, the successors in interest of Developer, their respective successors and permitted
assigns and all subsequent fees owners of the Property. The obligations of the Developer under this
Agreement shall be the joint and several obligations of each and all of the parties comprising Developer,
if Developer consists of more than one individual and /or entity. Upon the sale or division of the
Property, the terms of this Agreement shall apply separately to each parcel and the fee owners of each
parcel shall succeed to the obligations imposed on Developer by this Agreement.
SECTION 6
That the following general stipulations shall be completed subject to the approval of the Public
Works Director /City Engineer.
2. The Project shall comply with all Tentative Map conditions and applicable mitigation measures as
contained in City Council Resolution 2014 -19 (TM 13 -08 approval).
3. All work within the public right -of -way shall be subject to the approval of the City Engineer.
5- 7/25/2017
6.3.b
Packet Pg. 35 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
4. The Developer shall perform all work in compliance with the City of Gilroy Specifications
Standards Design Criteria, Glen Loma Development Agreement and Glen Loma Specific Use
District and is subject to all laws of this community by reference. Street improvements and the
design of all storm drainage, sewer lines, and all street sections shall be in accordance with City
Standards and Glen Loma Specific Plan, Glen Loma Development Agreement and Glen Loma
Backbone Plans and shall follow the most current City Master plan for streets and each utility.
The developer shall defend, indemnify, and hold harmless the City, its City Council, Planning
Commission, agents, officers, and employees from any claim, action, or proceeding against the City
or its City Council, Planning Commission, agents, officer, and employees to attack, set aside, void,
or annul an approval of the City, City Council, Planning Commission, or other board, advisory
agency, or legislative claim, action, or proceeding against it, and will cooperate fully in the defense.
This condition is imposed pursuant to California Government Code Section 66474.9.
6. No occupancy permit shall be issued in connection with this project if the owner or developer of
such development (i) is not in compliance with the City's Residential Development Ordinance (City
Zoning Ordinance Sections 50.60 et seq.) referred to as the RDO, any conditions of approval issued
in connection with such development or other City requirements applicable to such development; or
ii) is in default under any agreement entered into with the City in connection with such
development pursuant to the RDO. The project must also comply with any of condition of
exemption granted from the RDO, including but not limited to time limits in obtaining City
approvals and completion of construction of the dwelling units.
7. The City shall be notified at least two (2) working days prior to the start of any construction work
and at that time the contractor shall provide a project schedule and a 24 -hour emergency telephone
number list.
At least one week prior to commencement of work, the developer shall post the site and mail to
owners of property within (500') Five hundred feet of the exterior boundary of the project site, to
the homeowner associations of nearby residential projects and to the Engineering Division, a notice
that construction work will commence on or around the stated date. The notice shall include a list of
contact persons with name, title, phone number and area of responsibility. The person responsible
for maintaining the list shall be included. The list shall be current at all times and shall consist of
persons with authority to initiate corrective action in their area of responsibility. The names of
individuals responsible for dust, noise and litter control shall be expressly identified in the notice.
If the developer proposes to phase construction with building occupancy, the developer shall create,
for City Engineer approval prior to first occupancy, a construction staging plan that addresses the
ingress and egress location for all construction vehicles, parking and material storage area separate
from occupied residential units.
10. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities.
NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District.
11. Schedule the construction of improvements along existing public roads so that the work affecting
vehicular traffic is completed with a minimum interruption to traffic.
12. All work shall be coordinated so that the existing residents on all adjacent streets have access to
their properties.
6- 7/25/2017
6.3.b
Packet Pg. 36 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
13. Before construction utilizing combustible materials may proceed, an all- weather access must be
provided to within 150 feet of the building site; and at least one in service fire hydrant or other
water source acceptable to the Fire Marshal must be available within 150 feet of each portion of the
site wherein this construction is to take place. Location of the fire hydrants will be determined by
the Fire Chief.
14. A complete construction schedule, which shall include a detailed phasing plan (including traffic
control for each proposed phase), shall be submitted and approved by the City Engineer prior to
start of construction. Any deviation from the approved construction schedule and phasing plan shall
be coordinated with the City Engineer. Deviating from the approved construction schedule and
phasing plan without prior coordination with the City Engineer may prolong issuance of further
building permits.
a) Upon request by the City Engineer, the developer shall provide information for public
outreach purposes, which may include maps and schedules for each phase of construction.
15. The developer shall obtain the required Habitat Conservation Plan (HCP) Permit and pay the
applicable fees prior to the issuance of a grading permit or improvement plan approval.
16. One hard copy and electronic copy of the approved /stamped PG &E Joint Trench Composite Plans
shall be submitted to the Engineering Division. Should there be a delay in obtaining the PG &E-
approved joint trench plans, the Developer will be allowed to commence joint trench work "at-
risk". The Developer assumes responsibility for any required redesign, and all costs associated with
the redesign and additional city review resulting from the at -risk work completed without PG&E -
approved joint trench plans. Design revisions and ultimate joint trench construction shall be
completed to the satisfaction of the City Engineer.
17. Site preparation and fill construction shall be conducted under the observation of, and tested by, a
licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy stating that all
site preparation and fill construction meets the requirements of the geotechnical investigation. This
shall be subject to review and approval by the Building Division. [CBC]
18. All grading operations and soil compaction activities shall be per the approved soils report and shall
meet with the approval of the City Engineer.
19. New and existing utility lines, appurtenances, and associated equipment, including but not limited
to electrical transmission, street lighting, and cable television shall be required to be placed
underground. [Municipal Code Section 21, Article V]
20. Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays
through Fridays, Saturday 9:00 a.m. to 7:00 p.m. No work shall be done on Sundays and City
Holidays. The City Engineer will apply additional construction period restrictions, as necessary, to
accommodate standard commute traffic along arterial roadways and along school commute routes.
21. Any damage resulting from project construction operations to existing city infrastructure on or
adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at the full
expense of the developer /contractor. This shall include slurry seal, overlay, street reconstruction,
and repair to curb, gutter and sidewalk, driveway approach if reasonably deemed warranted by the
City Engineer.
7- 7/25/2017
6.3.b
Packet Pg. 37 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
22. This project is subject to post - construction stormwater quality requirements per Section 27D of the
Gilroy Municipal Code.
23. Storm water BMP Operation and Maintenance Agreement
a) Prior to the issuance of any building permit requiring stormwater management BMPs or as
otherwise determined by the City Engineer, the owner(s) of the site shall enter into a formal
written Stormwater BMP Operation and Maintenance Agreement with the City. The City
shall record this agreement, against the property or properties involved, with the County of
Santa Clara and it shall be binding on all subsequent owners of land served by the storm water
management treatment BMPs. The City- standard Stormwater BMP Operation and
Maintenance Agreement will be provided by Public Works Engineering.
b) This Agreement shall require that the BMPs not.be modified and BMP maintenance activities
not alter the designed function of the facility from its original design unless approved by the
City prior to the commencement of the proposed modification or maintenance activity.
c) This Agreement shall also provide that in the event that maintenance or repair is neglected, or
the stormwater management facility becomes a danger to public health or safety, the city shall
have the authority to perform maintenance and /or repair work and to recover the costs from
the owner.
d) All on -site stormwater management facilities shall be operated and maintained in good
condition and promptly repaired /replaced by the property owner(s), an owners' or
homeowners' association or other legal entity approved by the City.
e) Any repairs or restoration /replacement and maintenance shall be in accordance with City -
approved plans.
f) The property owner(s) shall develop a maintenance schedule for the life of any stormwater
management facility and shall describe the maintenance to be completed, the time period for
completion, and who shall perform the maintenance. This maintenance schedule shall be
included with the approved Stormwater Runoff Management Plan.
24. Stormwater BMP Inspections will be required for this project and shall adhere to the following:
a) The property owner(s) shall be responsible for having all stormwater management facilities
inspected for condition and function by a knowledgeable third party.
b) Unless otherwise required by the City Engineer or designee, stormwater facility inspections
shall be done at least twice per year, once in Fall, in preparation for the wet season, and once
in Winter. Written records shall be kept of all inspections and shall include, at minimum, the
following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re- inspection.
8- 7/25/2017
6.3.b
Packet Pg. 38 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
c) Upon completion of each inspection, an inspection report shall be submitted to Public Works
Engineering no later than October 1 st for the Fall report, and no later than March l 5th of the
following year for the Winter report.
25. A minimum of one exterior monument shall be set. Additional monuments can be required by the
City Engineer or City Surveyor as deemed necessary. Location of monuments shall be tied out
prior to work.
26. In accordance with the California Professional Land Surveyors' Act (Business and Professions
Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government
Code 27581, the developer, their employees, subcontractors, and /or any person performing
construction activities that will or may disturb an existing roadway/ street monument, corner stake,
or any other permanent surveyed monument shall show all current monuments on the plans and
shall ensure that a Corner Record and /or Record of Survey are filed with the County Surveyor
Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset
and filed in compliance with Section 8771 at the developer's sole expense.
27. If there are any reimbursements payable to the Developer, they must be specifically identified in
this Agreement. Any such reimbursements shall be payable to the original Developer named in
this Agreement above, and shall not inure to the benefit of any subsequent owners of all or any
portion of the Property. All reimbursements payable to Developer shall be subject to the City's
reimbursement policies and ordinances in effect from time to time, including without limitation any
expiration dates identified in such policies and ordinances. Such reimbursement shall be solely
contingent upon the availability of the City's Traffic Impact Fee Funds and in no case shall the
reimbursement be paid beyond ten (10) years after the execution of the Agreement. In addition to
any other conditions, requirements and limitations set forth in the City's reimbursement policies
and ordinances from time to time, (i) in no event shall any reimbursements be payable to Developer
if City determines in its sole and absolute discretion from time to time that there are not sufficient
reserves then on hand in the specific reimbursement fund from which Developer's reimbursement is
payable, over and above any amounts anticipated to be required to be expended from such
reimbursement fund, which reserves, at a minimum, are equal to at least half of the remaining
average yearly anticipated expenditures of such reimbursement fund as determined by City from
time to time; (ii) City may, in its sole and absolute discretion, make partial reimbursement
payments to Developer in yearly increments, as determined by City; and (iii) City may defer
payments in any given year if projects deemed by City to be of high importance are determined by
City, in its sole and absolute discretion, to be warranted or necessary, and the funds in such
reimbursement fund are designated by the City for use on such projects of high importance.
a. If applicable, recycled water system improvements completed by this tract will not be
reimbursed until a recycled water reimbursement agreement is fully executed with the City and
until such time as the City fully executes a separate recycled water reimbursement agreement
with the Santa Clara Valley Water District.
9- 7/25/2017
6.3.b
Packet Pg. 39 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
SECTION 7
That the attached Development Cost Schedule enumerates all fees and their extensions.
TOTAL AMOUNT DUE CITY $ 1.891.663.69 (Minimum. actual amount to be determined
CITY OF GILROY
By:
Gabriel A. Gonzalez
City Administrator
Date: —7s
Shawna Freels, City Cl
APPROVED AS TO FORM:
7A
r
Andrew L. Faber, City orney
DEVELOPER
CalAtlantic Group, Inc., a Delaware
Corporation
By:
Brldgit Koller
Name: Qperationai Vice President
Title:
Date:
NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and
the corporate titles of the persons signing for the corporation shall appear above.
10- 7/25/2017
6.3.b
Packet Pg. 40 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Gilroy, County of Santa Clara, State of California, described as follows:
Parcel 1:
PARCEL D AS SHOWN ON THE MAP ENTITLED "TRACT 10301 WILD CHESTNUT" FILED FOR RECORD ON
SEPTEMBER 20, 2017 IN THE BOOK 907 OF MAPS, PAGE(S) 32 -43, SANTA CLARA COUNTY RECORDS.
PARCEL 2:
EASEMENTS AS CONTAINED IN THAT CERTAIN GRANT OF EASEMENT, EXECUTED BY THE CITY OF
GILROY, A CALIFORNIA MUNICIPAL CORPORATION, RECORDED OCTOBER 17, 1990 IN BOOK L511,
PAGE 1739, AS DOCUMENT NO. 10688433, OFFICIAL RECORDS OF SANTA CLARA COUNTY.
APN: 808 -43 -005 (AFFECTS THIS AND OTHER PROPERTY)
7/25/2017
6.3.b
Packet Pg. 41 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
ENCOMPASS NO:
DATE:
NUMBER:
PROJECT LOCATION:
PARCEL NUMBER:
OWNER /DEVELOPER:
MAILING ADDRESS:
TELEPHONE NO:
PREPARED BY:
Account No.
100- 2601- 0000 -3625
100- 2601 - 0000 -3605
420 - 2600- 0000 -3660
432 - 2600 - 0000 -3660
433 - 2600- 0000 -3660
435 - 2600- 0000 -3660
436 - 2600 - 0000 -3660
440 - 2600 - 0000 -3660
720 - 0433 - 0000 -3620
801 - 2601 -PWDO -3899
801 - 2601 -P W DO -3899
CITY OF GILROY
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
COST ESTIMATE
EFFECTIVE 71112017
E1 15090020 Revised:
Revision Number:
26- Jan -18 Revision By:
Home Ranch TR 10302 na Glen Loma Ranch
East of Santa Teresa Blvd. between Syrah Dr. and Luchessa Ave.
808-43.005
CalAtlantic Group
4750 Willow Road, Suite 150, Pleasanton, CA 94588
925.730 -1339
Payment Bond Amount for all improvements
Performance Bond Amount for all improvements
Total $1,891,663.69
1,996,712
1,996,712
12- 7/25/2017
BKaderi
CyodeFee: Credits: Amount Due: Account DescriptioPaid on Invoice #
4904 2,822.60 2,822.60 Special Public Works Sery
40 %PlnChklnps
4702 174,023.81 69,609.52 $104,414.29 Eng Plan Check & Insp
4501 6,910.80 6,910.80 Storm Development Fee
3301 0.00 0.00 Str Tree Development Fee
4905 473,148.00
r $
473,148.00 Traffic Impact Fee
4509 351,728.00
r $
351,728.00 Sewer Development Fee
4510 90,324.00 90,324.00 Water Development Fee
4515 862,316.00 862,316.00 Public Facility Fee
2202 0.00 0.00 Const Water Use Fee
4703 0.00 0.00 Reimbursements
4703 0.00 0.00 Other Reimbursements
Payment Bond Amount for all improvements
Performance Bond Amount for all improvements
Total $1,891,663.69
1,996,712
1,996,712
12- 7/25/2017
6.3.b
Packet Pg. 42 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
ENCOMPASS NO:
DATE:
NUMBER:
PROJECT LOCATION:
PARCEL NUMBER:
OWNER /DEVELOPER:
MAILING ADDRESS:
TELEPHONE NO:
PREPARED BY:
CITY OF GILROY
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION
COST ESTIMATE
E1 15090020
26- Jan -2018
Home Ranch TR 10302 @ Glen Loma Ranch
East of Santa Teresa Blvd. between Syrah Dr. and Luchessa Ave.
808-43 -005
CalAtlantic Group
4750 Willow Road, Suite 150, Pleasanton, CA 94588
925 - 730 -1339
BKaderi
FINAL ENGINEERING
COST SCHEDULE TYPE: COSTESTINIATE? Y PLANCHECK? N INCENTIVE AGREEMENT ONLY? N
DEFER PUBLIC FACILITY FEE? TOPERMIT? N TO FINAL? N
DEFER SEWER, WATER, TRAFFIC FEES ? TO PERMIT? N TO FINAL ? N
NOTE: This Preliminary Cost Schedule is an estimate and will be adjusted to the rates in effect atthe time permits are issued.
Site Information: Gross Acres: Lots: Units:
Res idential -Low ?
Res idential -High ?
Commercial -Low ?
Commercial -High ?
Industrial - General ?
Industrial- Warehouse ?
Assembly Hall?
Common Area?
Commercial /Industrial Allocations:
Reimbursements and credits:
Front Footage /Square Footage Charges
Street Tree FF:
0.0
Pavement SF:
0.0
7.800 68
0.000 0
0.000 0
0.000 0
0.000 0
0.000 0
0.000
SewerGPD:
0
Water FF: Sewer FF:
0.0 0.0
Median SF: Sidewalk SF:
0.0 0.0
SPECIAL PUBLIC WORKS SERVICES 100- 2601- 0000 -3625
Maps:
Final Map $1,755.00 + $15.70 / lot
Parcel Map $2,035.00 + $630.00 / lot
Re- assessment Map (Assessment District Parcels)
1,710.00 + $630.00 / lot
Administration Fees:
Cost Schedules, Agreements, RNV Reviews and Other Misc. Services)
0 hr Misc Services $185.00 I hr
Special Staff Analysis
0 hr Special Analysis $14344 hr
52
Water GPD:
0
Sq Ft:
0
0
0
0
0
0
Storm FF: Const Water Acres to be Developed:
0.0 0.000
Curb /Gutter FF: Construction Water FF:
0.0 0,0
2,822.60
Y $2,822.60 Fee ID NO- FINALM
N $0.00 Fee ID NO- PARCELM
N $0.00 Fee ID WASSESM
Y $0.00 Fee ID N -MISC
N $0.00
13- 7/25/2017
6.3.b
Packet Pg. 43 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
ENGINEERING PLAN CHECK & INSPECTION 100 - 2601 - 0000 -3605 COST ESTIMATE
ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK
At time of Improvement Plan /Final Map submittal 40% offee is due for Plan Check. Remainder 60% due prior to submittal of Final
Map for Council approval
Additional Plan Review After First Three Submittals or Review of Changes, Additions or Revisions to Approved Plans
0 hr Additional Plan Review $143.44 / hr. N $0.00 Fee ID NO- GRADINS
2 Hour Minimum)
Re- Inspection Fee
0 hr Re-Inspection $125.00 I hr. N $0.00 Fee ID NO- GRADINS
Inspections outsideofnormal business hours
0 hr Inspection $475.00 +
Based on total cost of improvements)
Estimated Cost of Improvements
12.6% $0
10.5% $100,000
8.4% over
Payment Bond Amount for all improvements
Performance Bond Amountfor all improvements
IMPACT FEES
Storm Drain Impact Fee
a.Residential -Low
b.Residential -High
c.Commercial
d.lndustrial
e.AssemblyHall
Street Tree Fee
a.City Planting and Replacement
3.06 I f.f.
Wnspection and Replacement
0.41 I f.f.
Traffic Impact Fee
a.Residential -Low
b.Residential -High
c.Com m ercial -Low Traffic
10.75 trips 11000 sf)
d.Commercial -High Traffic
10.75 trips /1000 sf)
e.lndustrial- General
f.lndustrial- Warehouse
160.00 / hhr. after 3hrs NN $ 0.00
COST AACTUAL
ESTIMATE CCOST
1,996,712 $ 0
100,000 YY $ 12,600.00 YY $ 0.00
200,000 YY $ 10,500.00 YY $ 0.00
200,000 YY $ 150,923.81 YY $ 0.00
1,996,712
1,996,712
420 - 2600 - 0000 -3660
564.00 / aacre YY $ 0.00
886.00 aacre YY $ 6,910.80
1,528.00 aacre YY $ 0.00
1,128.00 aacre YY $ 0.00
564.00 / aacre YY $ 0.00
432 -2600- 0000 -3660
Fee ID NO- GRADINS
174,023.81
0.00
DIFFERENCE ($174,023.81)
Fee ID NO- PCKINSP
Fee ID NO -SD -LD
Fee ID NO -SD -HD
Fee ID NO -SD -C
Fee ID NO -SD -I
Fee ID NO -SD -AH
Fee ID NO- TREEPLT
Fee ID NO- TREEINS
Fee ID N1- TRAF -LD
Fee ID N2- TRAF -HD
Fee ID N3- TRAF -CL
Fee ID N3- TRAF -CH
Fee ID N4- TRAF -IG
Fee ID N4- TRAF -IW
6,910.80
0.00
473,148.00
14- 7/25/2017
6.3.b
Packet Pg. 44 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
Sewer Impact Fee 435- 2600 -0000 -3660 351,728.00
a.Residenbal -Low $12,501.00 I unit Y 0.00 Fee ID N1 -SS -LD
b.Residential -High $6,764.00 I unit Y 351,728.00 Fee ID N2 -SS -HD
c.CommercialAndustrial $3,956.00 I cgpd Y 0.00 Fee ID N5 -SS -CA
Water Impact Fee 436 - 2600- 0000 -3660 90,324.00
a.Residential -Low $4,294.00 I unit Y 0.00 Fee ID N1- WATR -LD
b.Residential -High $1,737.00 unit Y 90,324.00 Fee ID N2- WATR -HD
c.CommercialAndusVial $6,731.00 I kgpd Y 0.00 Fee ID N5- WTR -CA
Public Facilities Impact Fee 440 - 2600 - 0000 -3660 862,316.00
a.Residenlial -Low $19,710.00 I unit Y 0.00 Fee ID N1 -PF -LD
b.Residential -High $16,583.00 I unit Y 862,316.00 Fee ID N2 -PF -HD
c.Commercial $2,970.00 I k.s.f. Y 0.00 Fee ID N3 -PF -C
d.Industrial $1,315.00 I k.s.f. Y 0.00 Fee ID N4 -PF -I
Water User Fee (Construction) 720- 0433 -0000 -3620 Y 0.00
3.00 I f.f. 0.00 Fee ID NO- CONWfFF
plus
182.73 I a.c. 0.00 Fee ID NO- CONWTAC
FRONT FOOT CHARGES (Used to charge and reimburse fees for existing infrastructure)
The Half Pipe schedule is used to determine the frontfootage reimbursement to former developers for infrastructure previously installed
along the frontfootage of the development.
The Full Pipe schedule is used to determine the oversizing reimbursement to the developer for installing water, sewer, and storm main
extensions to sizes required by each master plan that are greater than the sizes required by the development The oversized portion is the
difference between the master planned size for the main and the greater ofthe main size required by the development or the developer's
minimum responsibility for each main.
Water 801- 2601 -PWDO -3899 0.00
Water Mains - including fire hydrants, valves, valve boxes and other pertinences.
Developer responsibility is up to and including 12" mains
Half Pipe Lineal Footage
6 inch Main $39.00 / LF x N 0.0 = 0.00 Fee ID N- WR06 -1/2
8 inch Main $41.00 / LF x N 0.0 = 0.00 Fee ID N- WR08 -1/2
10 inch Main $47.00 / LF x N r 0.0 = 0.00 Fee ID N- WR10 -1/2
12 inch Main $52.00 / LF x N r 0.0 = 0.00 Fee ID N- WR12 -1/2
14 inch Main $57.00 I LF x N r 0.0 = 0.00 Fee ID N- WR14 -1/2
16 inch Main $62.00 I LF x N r 0.0 = 0.00 Fee ID N- WR16 -1/2
18 inch Main $68.00 I LF x N r 0.0 = 0.00 Fee ID N- WR18 -1/2
20 inch Main $76.00 I LF x N r 0.0 = 0.00 Fee ID N- WR18 -1/2
24 inch Main $82.00 I LF x N r 0.0 = 0.00 Fee ID N- WR24 -1/2
30 inch Main $91.00 I LF x N r 0.0 = 0.00 Fee ID N- WR30 -1/2
36 inch Main $106.00 / LF x N r 0.0 = 0.00 Fee ID N- WR36 -1/2
15- 7/25/2017
6.3.b
Packet Pg. 45 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
Front Foot Charges Continued Used to charge and reimburse fees for existing infrastructure)
Sewer 801- 2601 -PWDO -3899
Sewer Mains - including manhole and other pertinences.
Developer responsibility is up to and including 12" mains.
Half Pipe Lineal Footage
6 inch Main 73.00 I LFx N 0.0 = 0.00 Fee ID N- SS06 -12
8 inch Main 75.00 I LFx N 0.0 = 0.00 Fee ID N- SS08 -12
10 inch Main 81.00 I LFx N 0.0 = 0.00 Fee ID N- SS10 -12
12 inch Main 83.00 I LFx N 0.0 = 0.00 Fee ID N- SS12 -12
15 inch Main 87.00 I LFx N 0.0 = 0.00 Fee ID N- SS15 -12
18 inch Main 93.00 I LFx N 0.0 = 0.00 Fee ID N- SS18 -12
21 inch Main 102.00 I LFx N 0.0 = 0.00 Fee ID N- SS21 -12
24 inch Main 106.00 I LFx N ' 0.0 = 0.00 Fee ID N- SS24 -12
27 inch Main 122.00 I LFx N F 0.0 = 0.00 Fee ID N- SS27 -12
30 inch Main 144.00 I LFx N 0.0 = 0.00 Fee ID N- SS30 -12
33 inch Main 158.00 I LFx N 0.0 = 0.00 Fee ID N- SS33 -12
36 inch Main 178.00 I LFx N r 0.0 = 0.00 Fee ID N- SS36 -12
39 inch Main 212.00 LFx N 0.0 = 0.00 Fee ID N- SS39 -12
42 inch Main 265.00 I LFx N 0.0 = 0.00 Fee ID N- SS42 -12
Street Improvements 801- 2601 -PWDO -3899
Pavement. Sidewalks & Medians Square Footage
AC /Bike path: base 2.55 I SFx N 0.0 = 0.00 Fee ID N- STR -ACB
AC/Bike path: pvmt 2.50 I SFx N 0.0 = 0.00 Fee ID N- STR -ACP
Sidewalk: new 9.75 I SFx N 0.0 = 0.00 Fee ID N- STR -S/W
Sidewalk: replace 13.25 1 SFx N 0.0 = 0.00 Fee ID N- STR -SMR
Resurfacing 2.55 I SFx N 0.0 = 0.00 Fee ID N- STR -RESU
Landscaped Median 20.35 I SFx N 0.0 = 0.00 Fee ID N- STR -LANM
Hardscaped Median 11.63 I SFx N 0,0 = 0.00 Fee ID N- STR -HARD
Traffic Signals (equipment only) of Lump Sum
Traffic Signal -3 leg 130,200.00 I LS x N 0% = 0.00 Fee ID N- STR -TS3L
Traffic Signal -4 leg 158,500.00 I LS x N 0% = 0.00 Fee ID N- STR -TS4L
Curb and Gutter Lineal Footage
Curb /Gutter: new 25.85 LFx N 0.0 = 0.00 Fee ID N- STR -C /G
Curb /Gutter: replace 33.40 I LF x N 0.0 = 0.00 Fee ID N- STR -C /GR
Curb Ramps 1,057.63 I LFx N r 0.0 = 0.00 Fee ID N- STR -CR
0.00
0.00
16- 7/25/2017
6.3.b
Packet Pg. 46 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
Front Foot Charges Continued Used to charge and reimburse fees for eAsting infrastructure)
Storm Drain 801- 2601 -PWDO -3899
Storm Mains - including manholes, catch basins and other pertinences.
Developer responsibility is up to and including 24" mains.
Half Pipe Lineal Footage
18 inch Main 63.00 LFx N r 0.0 = 0.00 Fee ID N- SD18 -1/2
21 inch Main 69.00 I LF x N 0.0 = 0.00 Fee ID N- SD21 -1/2
24 inch Main 70.00 LFx N r 0.0 = 0.00 Fee ID N- SD24 -1/2
27 inch Main 82.00 LF x N 0.0 = 0.00 Fee ID N- SD27 -1/2
30 inch Main 89.00 LF x N 0.0 = 0.00 Fee ID N- SD30 -1/2
33 inch Main 91.00 LFx N r 0.0 = 0.00 Fee ID N- SD33 -1/2
36 inch Main 95.00 I LF x N 0.0 = 0.00 Fee ID N- SD36 -1/2
42 inch Main 99.00 LFx N 0.0 = 0.00 Fee ID N- SD42 -1/2
48 inch Main 117.00 LFx N r 0.0 = 0.00 Fee ID N- SD48 -1/2
54 inch Main 137.00 LFx N r 0.0 = 0.00 Fee ID N- SD54 -1/2
60 inch Main 158.00 LFx N r 0.0 = 0.00 Fee ID N- SD60 -1/2
66 inch Main 179.00 LFx N r 0.0 = 0.00 Fee ID N- SD66 -1/2
72 inch Main 200.00 LF x N r 0.0 = 0.00 Fee ID N- SD72 -1/2
78 inch Main 216.00 LFx N r 0.0 = 0.00 Fee ID N- SD78 -1/2
84 inch Main 231.00 LFx N v 0.0 = 0.00 Fee ID N- SD84 -1/2
90 inch Main 246.00 LF x N r 0.0 = 0.00 Fee ID N- SD90 -1/2
96 inch Main 261.00 LFx N r 0.0 = 0.00 Fee ID N- SD96 -1/2
NOTE: Al deferred and /or estimated fees will be adjusted to the rates in effect at the time fees are paid.
The undersigned agrees to provide actual construction costs for recalculation of fees and payanyunderestimated
fees priorto final acceptance. If the recalculated fees are less than the estimate, the CityofGilroywill refund the difference.
Additional plan review required bychanges, additions or revisions to approved plans, reinspections and inspections outside
of normal business hours will be billed as shown in the City of Gilroys most current compnsiv ee schedule at the hourly rates
in effectatthe time of inspection. / / 1
Accepted by:
0.00
rl
Print Name: Operationdal tViceiPresident
Date: q I
17- 7/25/2017
6.3.b
Packet Pg. 47 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
OVERSIZING SCHEDULE (Used to reimburse oversized infrastructure)
Total Oversized Water, Sewer and Storm Drain Main Reimbursement
Total Oversized Water Main Reimbursement Developer is responsible for up to and including 12" mains) $0.00
Oversized Minimum 12" main Oversized
Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement
14 inch Main 114.00 104.00 x 0 0 = 0.00 N
16 inch Main 124.00 104.00 x 0.0 = 0.00 N
18 inch Main 135.00 104.00 x 0.0 = 0.00 N
20 inch Main 151.00 104.00 x 0.0 = 0.00 N
24 inch Main 164.00 104.00 x 0.0 = 0.00 N
30 inch Main 182.00 104.00 x 0.0 = 0.00 N
36 inch Main 211.00 104.00 x 0.0 = 0.00 N
Total Oversized Sewer Main Reimbursement Developer is responsible for up to and including 12" mains) 0.00
Oversized Minimum 12" main Oversized
Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement
15 inch Main 174.00 166.00 x 0.0 = 0.00 N
18 inch Main 186.00 166.00 x 0.0 = 0.00 N
21 inch Main 204.00 166.00 x 0.0 = 0.00 N
24 inch Main 211.00 166.00 x 0.0 = 0.00 N
27 inch Main 244.00 166.00 x 0.0 = 0.00 N
30 inch Main 287.00 166.00 x 0.0 = 0.00 N
33 inch Main 315.00 166.00 x 0.0 = 0.00 N
36 inch Main 356.00 166.00 x 0.0 = 0.00 N
39 inch Main 423.00 166.00 x 0.0 = 0.00 N
42 inch Main 529.00 166.00 x 0.0 = 0.00 N
Total Oversized Storm Drain Main Reimbmnt Developer is responsible for up to and including 24" mains) 0.00
Oversized Minimum 24" main Oversized
Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement
27 inch Main 164.00 140.00 x 0.0 = 0.00 N
30 inch Main 177.00 140.00 x 0.0 = 0.00 N
33 inch Main 182.00 140.00 x 0.0 = 0.00 N
36 inch Main 189.00 140.00 x 0.0 = 0.00 N
42 inch Main 197.00 140.00 x 0.0 = 0.00 N
48 inch Main 233.00 140.00 x 0.0 = 0.00 N
54 inch Main 273.00 140.00 x 0.0 = 0.00 N
60 inch Main 315.00 140.00 x 0.0 = 0.00 N
Oversizing Schedule Continued (Used to reimburse oversized infrastructure)
18- 7/25/2017
6.3.b
Packet Pg. 48 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
Oversized Storm Drain Main Reimbmnt Continued
90 inch Main $492.00 $140.00 x 0.0 = $0.00 N
96 inch Main $522.00 - $140.00 x
r
0.0 = $0.00 N
l 9- 7/25/2017
Oversized Minimum 24" main Oversized
Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement
66 inch Main 357.00 140.00 x 0.0 = 0.00 N
72 inch Main 399.00 140.00 x ' 0.0 = 0.00 N
78 inch Main 431.00 140.00 x 0.0 = 0.00 N
84 inch Main 461.00 140.00 x 0.0 = 0.00 N
90 inch Main $492.00 $140.00 x 0.0 = $0.00 N
96 inch Main $522.00 - $140.00 x
r
0.0 = $0.00 N
l 9- 7/25/2017
6.3.b
Packet Pg. 49 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF Alameda
On January 31, 2018 , before me, Elizabeth Neal, Notary Public
here insert name and title of the officer)
personally appeared Bridgit Koller
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are-
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /them authorized capacity(ies), and that by his/her4c4 signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ELIZABETH NEAL11Xa4dt ' Not Public - California z
Signature c' Alameda County
Commission # 2187347
My Comm. Expires Mar 20, 2021 (SEAL)
2294- 00169\FORM\1227861.1
10/29/14
6.3.b
Packet Pg. 50 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
AL FOR J14 ALL- PURPOSE AC,KMOV"JLEDGM MT Cll:I!.. CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of s i C 7arG )
On March &'I 2-Mg before me, Sondra F. WaV6,
I ANo rV PubI c ,
Date Here Insert Name and Title of the Officer
personally appeared Go n Z a\ e Z
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /shd /they executed the same in
his /h.ee /their authorized capacity.(ies), and that by his /ho.er /t eir signatureWon the instrument the persort(s),
or the entity upon behalf of which the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
SANDRA E. NAVA WITNESS my hand and official seal.
Commission # 2086119
Z ; -s Notary Public - California z
Z Santa Clara County ' Signature
My Comm. Ex Tres Nov 11, 2018 Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document - oOS -oz
Title or Type of Document: r ert --,n,rcovtmen-r At eemevvl tau' Document Date: 'Feocg'acu L6, 2016
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800--876 -6827) Item #5907
6.3.b
Packet Pg. 51 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6 RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED MAIL TO: Thai Pham City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN that work agreed to be performed under the property agreement between the City of Gilroy, a municipal corporation, whose address is 7351 Rosanna Street, Gilroy, CA 95020, and the Contractor mentioned below who developed said project, was accepted as completed by the City of Gilroy on the .
Project No.: Property Improvement Agreement No. 2018-02, Project Name Tract 10302 Home Ranch
Contractor Name: Lennar Homes of California, Inc
Contractor Address: 2603 Camino Ramon, Suite 525 San Ramon, CA 94583
Surety on Contract: Liberty Mutual Insurance Company
Location of Project: Glen Loma Ranch, Tract 10302
Description of Work: Tract Improvements Interest of City: x Owner in Fee: Vendee under Agreement to Purchase; Lessee; x Owner of Easements; Holder of License; Owner of Streets; x Owner of Utilities, Water, Sewer, Storm Systems Owner's Name: City of Gilroy Work Done: Install underground utilities, electrical, landscape, and open space __________________________________________________________ This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned declares: That he is an officer of the City of Gilroy, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters that he believes it to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Gilroy, County of Santa Clara, State of California on June 7, 2022. CITY OF GILROY STATE OF CALIFORNIA COUNTY OF SANTA CLARA BY Gary Heap TITLE City Engineer. This document is for the benefit of the City of Gilroy. Request for Recordation without fee is made in accordance with Section 27383 of the Government Code of the State of California.
6.3.c
Packet Pg. 52 Attachment: NOC_Home Ranch (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6
RECORDING REQUESTED BY: )
)
City of Gilroy )
)
)
)
WHEN RECORDED, MAIL TO: )
Thai Pham, City Clerk )
City of Gilroy )
7351 Rosanna Street )
Gilroy, CA 95020 )
RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF ACCEPTANCE OF COMPLETION
PROPERTY IMPROVEMENT AGREEMENT NO. 18-02
PROJECT NAME - Tract 10302, Home Ranch:
DEVELOPER NAME : Lennar Homes of California (Formerly CalAtlantic)
6.3.c
Packet Pg. 53 Attachment: NOC_Home Ranch (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of the First Extension Term of the Agreement for Golf
Course Services with Gilroy Golf Course, Inc.
Meeting Date: June 6, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Bryce Atkins
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Approve the agreement extension.
BACKGROUND
In 2017, the City of Gilroy (“City”) entered into a new agreement with Gilroy Golf
Course, Inc. (“Operator”), whereby the Operator operated and maintained the Gilroy
Golf Course facility. In exchange for operating the Golf Course, the Operator is to
provide rents, and perform certain maintenance and services on the facility.
The initial agreement was for five years, running from July 1, 2017 through June 30,
2022. The contract grants the ability to exercise three extended term options, each for a
6.4
Packet Pg. 54
five-year added term. If all three were to be exercised, then the total length of the
agreement would reach twenty years.
ANALYSIS
With the approaching completion of the original term of the agreement, staff and the
Operator have had a meeting to discuss the contract, and shared interest in continuing
the terms and conditions of the agreement. Per the agreement, the First Extension
Term option would be entered into to continue the contract for an additional five years.
By exercising the option, the same terms and conditions would continue. This includes
the increase of rent based on the Consumer Price Index for the Bay Area, as outlined i n
the Agreement.
ALTERNATIVES
Council may reject entering into the First Extension Term with the Operator. This is not
recommended. The Operator and the City worked collaboratively on the agreement and
its terms. The experience with the Operator has been p ositive. If not extended, the City
would either need to bid, select and contract with a different operator; operate the Gilroy
Golf Course with City staff; or cease operating the Golf Course.
FISCAL IMPACT/FUNDING SOURCE
If approved, the City would continue to receive revenue into the Golf Course Fund. This
fiscal year to-date, $30,000 in revenue has been received, with more to be received
before fiscal year-end. In FY21, the City received $40,000.
CONCLUSION
For the Gilroy Golf Course’s continued operatio ns with the same contractual terms and
conditions, a term extension option must be approved. Without the extension as
contemplated by the original agreement, the City and the Operator would enter into an
uncertain arrangement which could cause the terminat ion of golf recreation at the City-
owned course.
6.4
Packet Pg. 55
City of Gilroy
STAFF REPORT
Agenda Item Title: Third Amendment to Agreement for Services with Alpine
Landscapes for Community Facilities District (CFD) Landscape
Maintenance Services
Meeting Date: June 6, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan
Prepared By: Michael Lewis
Michael Lewis
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Approve an amendment with Alpine Landscapes to extend their scope of work and
increase their contract capacity by $44,240 to a total of $306,717 for Community
Facilities District (CFD) landscape maintenance services.
EXECUTIVE SUMMARY
The City of Gilroy currently contracts with Alpine Landscapes to provide landscape
maintenance to Community Facilities District (CFD) sites. This approval followed a
6.5
Packet Pg. 56
formal bid process and evaluation of several vendors. The annual contract amount
awarded for CFD maintenance is $262,477.
Since the signing of the original contract, several changes have occurred which
necessitate a comprehensive amendment to the original contract. Harvest Park II and
Cougar Court are two new sites that will need to be added to the existing Maintenance
Services Contract, as well as an increase to some supplemental repairs is
recommended
An amendment is being requested to satisfy the aforesaid conditions. There continues
to be sufficient funds to pay for these services through the collection of CFD
assessments.
BACKGROUND
City Council approved a landscape maintenance contract with Alpine Landscapes on
January 8, 2018 to augment landscape services throughout the City of Gilroy’s CFD
areas. The contract with Alpine expires on February 28, 2023.
New developments are required to include stormwater runoff Best Management
Practices (BMPs) which are mostly landscaped infiltration treatment facilities and control
measures. The most common BMPs in Gilroy are bio-swales and bio-detention basins
for managing stormwater runoff generated by developments. Best maintenance
practice regulations require mechanical, and not pesticide control of weeds, rodents and
other vegetation. Manual trash and sediment removal are routine service
requirements including maintenance reports. In order to effectively manage these
Stormwater Management (SWM) treatment areas, Community Facilities District (CFD)
sites have been created.
The Community Facilities District is a financing mechanism for developments that do
not have Homeowners’ Associations (HOAs) that would otherwise manage
development required landscape elements. As such, the CFD contract cost is heavily
impacted by the rigorous, manual maintenance required for these facilities.
The City’s current contract with Alpine Landscapes provides landscape maintenance for
CFD sites in the city. The CFD landscape site maintenance expenses are paid out of
Fund 266 (City-Wide Fund). Residential properties in the CFD areas are assessed the
cost to maintain sites under the district financing procedures.
ANALYSIS
Alpine continues to provide the City with excellent maintenance services and has
proven to be responsive with any needs that arise. Parks staff has been pleased by the
quality of work Alpine provides to the maintenance and upkeep of several landscape
areas.
6.5
Packet Pg. 57
To continue the services outlined in the contract, staff is recommending an amendm ent
be approved to include the following in the scope:
• The addition of Harvest Park II ($11,532/annually)
• The addition of Cougar Court ($27,708/annually) and
• An increase in supplemental repairs and maintenance as needed
($5,000/annually)
The revised total not-to-exceed annual contract amount under this amendment is
$306,717.
ALTERNATIVES
Council could choose not to extend the agreement with Alpine Landscapes. Not using
Alpine Landscapes for this work would require an increase in staff time and would diver t
resources from other core services.
FISCAL IMPACT/FUNDING SOURCE
Annually, budgets need to be evaluated for the cost of added sites and the addition of
expenditure resources when a determination can be made for new CFD sites that will
need City care. Once this evaluation occurs, the amount of the CFD assessment may
be adjusted to ensure that adequate revenues are generated to support CFD services.
There are sufficient funds and budgetary appropriations in Fund 266 (City-Wide Fund)
to pay for this contract increase for FY22 and staff will plan to adjust the CFD
assessment for the upcoming year appropriately and expects to have sufficient
budgetary appropriations in the fund to accommodate the additional scope.
It has never been the intent of this contract to displace any permanent City staff
positions. The sole intent is to continue to use existing contracted landscape services.
Should conditions change which would warrant a reduction in services, the scope of this
contract could be reduced with appropriate notice to contractor.
As such, the total increase requested is as follows:
Current Annual Contract Amount = $262,477
Increase to Annual Amount = $ 44,240
o Harvest Park II - $11,532
o Cougar Court - $27,708
o Supplemental - $5,000
Revised Annual Contract Amount = $306,717
6.5
Packet Pg. 58
NEXT STEPS
With Council approval of the scope of work and funding increase, staff will finalize the
amendment to the agreement and complete the approval process.
Attachments:
1. Alpine Third Amendment Draft
2. Alpine Landscapes - CFD Parks_Landscape Maintenance Services
3. First Amendment with Alpine Landscapes
4. Amend_No.2_-_Alpine_Landscapes_-_CFD_Landscape_Maintenance_Services.sd
6.5
Packet Pg. 59
-1- 4845-8215-5540v1
MDOLINGER\04706083
THIRD AMENDMENT TO AGREEMENT FOR SERVICES WITH ALPINE LANDSCAPES
FOR COMMUNITY FACILITIES DISTRICT (CFD) LANDSCAPE MAINTENANCE
SERVICES
This Third Amendment to the Agreement for Services (“Third Amendment”) is made and
entered into as of May 1, 2022 (“Effective Date”), by and between the City of Gilroy, a California
municipal corporation (“CITY”), and Alpine Landscapes (“CONTRACTOR”).
WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Alpine Landscapes
entered into that certain agreement entitled Agreement with Alpine Landscapes for Community
Facilities District (CFD) Landscape Maintenance effective on March 1, 2018 hereinafter referred to as
“Original Agreement”; and
WHEREAS, City and Alpine Landscapes have determined it is in their mutual interest to
amend certain terms of the Original Agreement.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS
FOLLOWS:
1. Exhibit D of the Original Agreement shall be amended by the addition of the following sites to
the Scope of Work:
• Harvest Park II Cohansey Ave Median Only
• Cougar Court
2. Article COMPENSATION (Consideration) of the Original Agreement shall be amended to
read as follows:
Consideration
“In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay
CONTRACTOR the amounts set forth in Exhibit “D” (Payment Schedule”). In no event however
shall the total annual compensation paid to CONTRACTOR exceed $306,717.00.”
3. This Amendment shall be effective on May 1, 2022.
4. Except as expressly modified herein, all of the provisions of the Original Agreement shall
remain in full force and effect. In the case of any inconsistencies between the Original Agreement and
this Amendment, the terms of this Amendment shall control.
5. This Amendment may be executed in counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the
dates set forth besides their signatures below.
6.5.a
Packet Pg. 60 Attachment: Alpine Third Amendment Draft (3802 : Third Amendment to Agreement for Services with Alpine Landscapes for CFD Maintenance)
-2- 4845-8215-5540v1
MDOLINGER\04706083
CITY OF GILROY ALPINE LANDSCAPES
By: By:
[signature] [signature]
Jimmy Forbis Ryan Dinsmore
[employee name] [name]
City Administrator President/Owner
[title/department] [title]
Date: Date:
Approved as to Form ATTEST:
City Attorney City Clerk
6.5.a
Packet Pg. 61 Attachment: Alpine Third Amendment Draft (3802 : Third Amendment to Agreement for Services with Alpine Landscapes for CFD Maintenance)
AGREEMENT FOR SERVICES
For contracts over $5,000 — NON - DESIGN, NON - ENGINEERING TYPE CONTRACTOR)
This AGREEMENT made this 4 day of January, 2018, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONTRACTOR: Alpine Landscapes, having a principal place of business at 8595 Murray
Ave., Gilroy, CA 95020.
TERM OF AGREEMENT
This Agreement will become effective on March 1, 2018 and will continue in effect through
February 28, 2021 unless terminated in accordance with the provisions of Article 7 of this
Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein. '7
Initial
INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONTRACTOR is an independent contractor and
not an employee, agent, joint venture or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties
acknowledge that CONTRACTOR is not an employee for state or federal tax purposes.
CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY'S
employees, including, without limitation, disability or unemployment insurance, workers'
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONTRACTOR shall retain the right to perform services for others during the term of
this Agreement.
SERVICES TO BE PERFORMED BY CONTRACTOR
Specific Services
CONTRACTOR agrees to: Perform the services as outlined in Exhibit "A" ( "Specific
Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in
Exhibit "C" ( "Milestone Schedule ").
Method of Performing Services
CONTRACTOR shall determine the method, details and means of performing the above -
described services. CITY shall have no right to, and shall not, control the manner or determine
the method of accomplishing CONTRACTOR'S services.
6.5.b
Packet Pg. 62 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
Employment of Assistants
CONTRACTOR may, at the CONTRACTOR'S own expense, employ such assistants as
CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONTRACTOR'S assistants in the
performance of those services. CONTRACTOR assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
Place of Work
CONTRACTOR shall perform the services required by this Agreement at any place or location
and at such times as CONTRACTOR shall determine is necessary to properly and timely
perform CONTRACTOR'S services.
COMPENSATION
Consideration
In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay
CONTRACTOR the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event
however shall the total compensation paid to CONTRACTOR exceed $262,480.00.
Invoices
CONTRACTOR shall submit invoices for all services rendered.
Payment
Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment
will be made unless CONTRACTOR has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in
Exhibit "A", Section M incurred during the preceding period. If CITY objects to all or any
portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30)
days from receipt of the invoice, give reasons for the objection, and pay that portion of the
invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not
to pay any invoiced amounts to which it has objected until the objection has been resolved by
mutual agreement of the parties.
Expenses
CONTRACTOR shall be responsible for all costs and expenses incident to the performance pf
services for CITY, including but not limited to, all costs of equipment used or provided by
CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against
CONTRACTOR and all other of CONTRACTOR'S costs of doing business. CITY shall not be
6.5.b
Packet Pg. 63 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
responsible for any expenses incurred by CONTRACTOR in performing services for CITY,
except for those expenses constituting "direct expenses" referenced on Exhibit "A."
OBLIGATIONS OF CONTRACTOR
Tools and Instrumentalities
CONTRACTOR shall supply all tools and instrumentalities required to perform the services
under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase
or rent any tools, equipment or services from CITY.
Workers' Compensation
CONTRACTOR agrees to provide workers' compensation insurance for CONTRACTOR'S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys' fees, arising out of any injury, disability, or
death of any of CONTRACTOR'S employees.
Indemnification of Liability, Duty to Defend
As to all liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through
counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and
hold harmless CITY, its officers, representatives, agents and employees against any and all suits,
damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses,
including without limitation attorneys' fees, arising or resulting directly or indirectly from any
act or omission of CONTRACTOR or CONTRACTOR'S assistants, employees or agents,
including all claims relating to the injury or death of any person or damage to any property.
Insurance
In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages
due to bodily injury, sickness or disease, or death to any person, and damage to property,
including the loss of use thereof. As a condition precedent to CITY'S obligations under this
Agreement, CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its
officers and employees as additional insureds on the Comprehensive Liability insurance policy
referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days
written notice of policy lapse or cancellation, or of a material change in policy terms.
Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by
CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its
sole and absolute discretion.
6.5.b
Packet Pg. 64 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
State and Federal Taxes
The CONTRACTOR is not a CITY'S employee; CONTRACTOR shall be responsible for
paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR
acknowledges and agrees that:
CITY will not withhold FICA (Social Security) from CONTRACTOR'S payments;
CITY will not make state or federal unemployment insurance contributions on
CONTRACTOR'S behalf;
CITY will not withhold state or federal income tax from payment to CONTRACTOR;
CITY will not make disability insurance contributions on behalf of CONTRACTOR;
CITY will not obtain workers' compensation insurance on behalf of CONTRACTOR.
Prevailing Wage
The CONTRACTOR agrees and acknowledges that it is its obligation to determine whether, and
to what extent, the work performed under this Agreement is subject to any Codes, Ordinances,
Resolutions, Rules and other Regulations and established policies of the City and the laws of the
State of California, the United States, the California Labor Code and Public Contract Code
relating to public contracting and prevailing wage laws. The CONTRACTOR shall ensure that
all subcontractors are informed and are required to pay prevailing wages in compliance with the
California Labor Code and the regulations thereunder. It shall be the duty of the CONTRACTOR
to post a copy of applicable prevailing wages at the job site. Prevailing wage information may be
obtained at www.dir.ca.gov.
OBLIGATIONS OF CITY
Cooperation of City
CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONTRACTOR'S duties under this Agreement.
Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONTRACTOR. Such assignment shall not release
CONTRACTOR from any of CONTRACTOR'S duties or obligations under this Agreement.
TERMINATION OF AGREEMENT
Sale of CONTRACTOR's Business/ Death of CONTRACTOR.
CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR's business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY
termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to
6.5.b
Packet Pg. 65 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY' receipt of such notice of sale.
If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated
upon death of CONTRACTOR.
Termination by City for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any
of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written
notification to CONTRACTOR. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONTRACTOR'S failure to professionally and /or timely perform any of the
services contemplated by this Agreement.
2. CONTRACTOR'S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONTRACTOR shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C" which have been fully, competently and timely rendered by
CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONTRACTOR'S default in the performance of this Agreement or material breach by
CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY
may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any
and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope
of work as described in this Agreement, to the extent such costs and expenses exceed the
amounts CITY would have been obligated to pay CONTRACTOR for the performance of that
task pursuant to this Agreement.
Termination for Failure to Make Agreed -Upon Payments
Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article
4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default
under this Agreement, CONTRACTOR, at the CONTRACTOR'S option, may terminate this
Agreement if such default is not remedied by CITY within thirty (30) days after demand for such
payment is given by CONTRACTOR to CITY.
Transition after Termination
Upon termination, CONTRACTOR shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONTRACTOR shall
cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in
connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to
facilitate any the assumption of CONTRACTOR's duties by any new CONTRACTOR hired by
the CITY to complete such services.
6.5.b
Packet Pg. 66 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
GENERAL PROVISIONS
Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONTRACTOR shall comply fully with all
applicable provisions of the Americans with Disabilities Act of 1990 ("the Act ") in its current
form and as it may be amended from time to time. CONTRACTOR shall also require such
compliance of all subcontractors performing work under this Agreement, subject to the
prohibition against assignment and subcontracting contained in Article 5 above. The
CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the
CITY OF GILROY, its officers, employees, agents and representatives from and against all suits,
claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees,
including without limitation reasonable attorneys' fees, that may arise out of any violations of
the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or
representatives of either.
Attorneys' Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce
or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
attorneys' fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the
Agreement are for convenience only and shall not be considered nor referred to for resolving
questions of interpretation.
Compliance with Laws
The CONTRACTOR shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed
in the work, or the materials used in the work, or which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the
provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or
subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for
goods or services to refrain from discriminatory employment or subcontracting practices on the
basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor.
Conflict of Interest
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Packet Pg. 67 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONTRACTOR and that no person associated with CONTRACTOR has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of
this Agreement.
Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONTRACTOR for CITY and
contains all the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt
requested. Mailed notices shall be addressed to the parties at the addresses appearing in
Exhibit "A ", Section V.H. but each party may change the address by written notice in
accordance with this paragraph. Notices delivered personally will be deemed delivered as of
actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
Time of the Essence
All dates and times referred to in this Agreement are of the essence.
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Packet Pg. 68 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of
performance under this Agreement shall not be construed as waiver(s) of any other condition of
performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONTRACTOR:
Alpine Landscape
By:
Name: R Dinsmore
Title: President /Owner
Social Security or Taxpayer
Identification Number 770295843
Approved as to Form
1-\<-A - - -
City Attorney
CITY:
CITY OF GILROY
By:
Name: Gabriel Gonzalez Os
Title: City Administrator
6.5.b
Packet Pg. 69 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
EXHIBIT "A"
SPECIFIC PROVISIONS
PROJECT MANAGER
CONTRACTOR shall provide the services indicated on the attached Exhibit "B", Scope of
Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONTRACTOR agrees to assign Bill Headley, Parks Supervisor, who
will act in the capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the
Services in accordance with the terms of this Agreement.
NOTICE TO PROCEED /COMPLETION OF SERVICE
NOTICE TO PROCEED
CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written
Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e -mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, Bill
Headley, Parks Supervisor shall be the designated City contact person(s). Notice to Proceed
shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise
delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ".
COMPLETION OF SERVICES
When CITY determines that CONTRACTOR has completed all of the Services in accordance
with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final
Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR
may request this determination of completion when, in its opinion, it has completed all of the
Services as required by the terms of this Agreement and, if so requested, CITY shall make this
determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR
has not completed all of such Services as required by this Agreement, CITY shall so inform
CONTRACTOR within this two (2) week period.
PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit "C ".
PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement.
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LAC104706083
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Packet Pg. 70 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to
pay only for those direct expenses which have been previously approved in writing by CITY.
CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
OTHER PROVISIONS
STANDARD OF WORKMANSHIP
CONTRACTOR represents and warrants that it has the qualifications, skills and licenses
necessary to perform the Services, and its duties and obligations, expressed and implied,
contained herein, and CITY expressly relies upon CONTRACTOR'S representations . and
warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such
Services and duties in conformance to and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well - organized, technically and grammatically
correct, and checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
RESPONSIBILITY OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY'S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONTRACTOR'S negligent
performance of any of the services furnished under this Agreement.
RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
CITY, through its authorized employees, representatives or agents, shall have the right, at any
and all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any
and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONTRACTOR), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all
charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at
the CITY's offices within five (5) business days after CITY's request.
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LAC104706083
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Packet Pg. 71 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONTRACTOR and all other written and oral
information developed or received by or for CONTRACTOR and all other written and oral
information submitted to CONTRACTOR in connection with the performance of this Agreement
shall be held confidential by CONTRACTOR and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to
an entity not connected with the performance of the such Services. Nothing furnished to
CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally
known to the related industry (other than that which becomes generally known as the result of
CONTRACTOR'S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not
use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under
this Agreement in any magazine, trade paper, newspaper or other medium without the express
written consent of CITY.
NO PLEDGING OF CITY'S CREDIT.
Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit
of CITY or incur any obligation in the name of CITY.
OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may
retain and use copies thereof subject to Section V.D of this Exhibit "A".
CITY shall not be limited in any way in its use of said material at any time for any work,
whether or not associated with the City project for which the Services are performed. However,
CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from,
damages resulting from the use of said material for work other than PROJECT, including, but
not limited to, the release of this material to third parties for work other than on PROJECT.
NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
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LAC\04706083 _3_
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Packet Pg. 72 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
NOTICES.
Notices are to be sent as follows:
CITY: Bill Headley, Parks Supervisor
City of Gilroy
7351 Rosanna. Street
Gilroy, CA 95020
CONTRACTOR: Ryan Dinsmore, President/Owner
Alpine Landscapes
8595 Murray Avenue
Gilroy, CA 95020
FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
Q If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
DBE Program
CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs.
Cost Principles
Federal Acquisition Regulations in Title 48, CFR 3 1, shall be used to determine the allowable
cost for individual items.
Covenant against Contingent Fees
The CONTRACTOR warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONTRACTOR, to solicit or secure this
Agreement, and that he /she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this
Agreement without liability or, at its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
4835 - 2267- 0361v1 _4_
LACW4706083
6.5.b
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vzylt i4%e-
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LAC104706083 -5-
6.5.b
Packet Pg. 74 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
EXHIBIT "B"
SCOPE OF SERVICES
6.5.b
Packet Pg. 75 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
LANDSCAPE STANDARDS AND SPECIFICATIONS
1. Landscape Maintenance Areas
Landscape maintenance areas shall consist of parks, landscaped City facilities, slope
areas, medians, streetscapes, and trails, drainage channels, identified in the Contract
Landscape Location Information Sheets. These areas shall include, but not limited to all
turf, trees, shrubs, ground covers, planters, slopes, vines, sidewalks, paths, courts,
courtyards, parking lots, roadways, medians, opens space areas, gutters, v- ditch, bike
trails, street barriers, fence lines and irrigations systems.
2. Normal Hours and Days of Maintenance Services
a. Contractor shall perform the required maintenance service daily between the hours of
7:00 a.m. and 6:00 p.m., five days per week. No maintenance functions that generate
excess noise, which would cause annoyance to residents of the area before 8am.
b. The Contractor shall conduct the work at all times in a manner which will not
interfere with normal recreation programs, special events, pedestrian traffic on
adjacent sidewalks or vehicular traffic on adjacent streets.
c. Any modification in the hours and days of maintenance services as stated in the
Contractor's Service Schedules/ Calendars are subject to approval by the City.
3. Personnel
a. Positive public relations are an important part of this contract service. Services provide
under the CFD landscape service contact are a critical part of providing and maintaining these
important public use facilities. Contract staff serves a vital role in delivering these public
services. Contract staff must maintain both professional image and behavior whenever in
contact with citizens. Contract staff shall be trained on how to handle public contact and
provide the appropriate customer service. Contract staff must always maintain a neat and
clean appearance and be easily identified by some type of company uniform.
b. A background review and security clearance for all on -site contract employees is required.
Contractor shall provide all needed information to the City's representative and make
employees available for forger printing at a site to be determined. Contractor shall provide
any background information needed for Department of Justice (DOJ) and Department of
Motor Vehicles (DMV) drivers' record review. Further, a one -time drug testing or evidence
of drug screening maybe required for background review. All cost for background checks
will be paid by contractor.
c. The Contractor shall provide personnel fully trained in all phases of landscape irrigation
systems operation, maintenance, adjustments, and repair; in all types of components to
include irrigation controllers, valves, moisture sensing devices, and sprinkler heads; and with
all brands and models of irrigation equipment used within the City.
d. The Contractor shall provide personnel knowledgeable of, and be proficient in, current water
management concepts, with the capability of working with City staff in implementing more
advanced water management strategies.
e. The Contractor shall provide personnel capable of verbal and written communication in
professional level English. Site Supervisor and Irrigation Tech shall have cell phone with
email access.
f. The City expects the Contractor's staff to give to city representative(s) all items lost or
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misplaced by the general public, regardless of perceived value found on contract sites. The
Contractor shall communicate this expectation to all employees.
g. Contract employees shall carry an ID badge with their photo provided by the City Human
Resources Department. Contract employees shall produce photo ID when requested.
h. The City will provide mandatory BMP training for all contract landscape maintenance staff
regarding storm water management and operational best practices. City will provide
Spanish/English translator.
i. A contractor's representative shall attend City's annual traffic safety class.
4. Service Changes
The City reserves the right to make additions, deletions, revisions and /or otherwise
modify the General and Specific Landscape Maintenance Specifications or change the
frequency of the services during the contract period. A Request for Quote will be issued
for additional service work or one time contract work. A change order will be issued
with a two -week notice. Any change in Specification that causes the contractor to suffer
additional expenses shall be adjusted based on the fee schedule or negotiated upon
written justification.
5. Vandalism and Repair of Damage
Contractor shall report any damage to City property, including but not limited to,
vandalism, acts of God, and third party negligence, to the City representative.
If the Contractor, its employees or subcontractors cause damage to any City facility then
the Contractor shall repair such damage at its own cost within a reasonable time or the
City may repair or cause the repair of such damage and the cost thereof shall be deducted
from monies due to the Contractor from the City.
6. Protection of Existing Sites and Structures
The Contractor shall exercise due care in protecting from damage all existing sites, structures and
utilities both above surface and underground on the City's property. Any damage to City property .
deemed to be caused by the Contractor's negligence or failure to use due care shall be corrected
or paid for by the Contractor at no cost to the City.
If the City requests or directs the Contractor to perform work in a given area, Contractor shall
verify and locate any underground utilities. This does not release the Contractor's duty to take
reasonable precautions when working in these areas. Any damage or problems shall be reported
immediately to the City.
7. Service Frequency and Schedules
Inspect and service every site once per week as a contract standard.
The Contractor shall, within ten (10) working days after the effective date of the
Contract, submit a work schedule to the City's representative(s) for review and approval.
Said work schedule shall be based on a twelve -month calendar identifying and
delineating the time frames for the required work by the day of the week, morning or
afternoon.
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Packet Pg. 77 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
The Contractor shall submit revised schedules / calendars when actual performance
differs substantially from planned performance. Said revisions shall be submitted to the
City's representative(s) for review and, if appropriate, approval, within five (5) working
days prior to scheduled time for the work.
At the discretion of City staff, weekly inspection meetings will be held(or more
frequently if deemed necessary by the City) between the Contractor and the city
representative(s) are to be scheduled to determine progress, review weekly site
inspections and address any changes in schedules, problem areas, etc.
Contractor shall notify the City, in writing, at least two (2) weeks prior to the date and
time of all pre- approved "Specialty Functions." "Specialty Functions" are defined as:
a. Fertilization
b. Tree Trimming/Management
c. Aerate —Turf
Performance during Inclement Weather
During the periods that rainfall hinders normal operations, the Contractor shall adjust its
workforce to accomplish those activities that are not affected by weather. The prime
factors in assigning work shall be the safety of the workforce, the public, and damage to
landscaping. Leaf and down branch pickup and drain clearing are a high priority. Rainy
days are not an excuse to pull workforce from city. Contractor shall continue landscape
tasks that can be safely preformed in the rain. Such as sidewalk pruning, low limb
removal, or items that city contractor inspector points out.
8. Extra Work/ Excluded Work
The following tasks shall be treated as extra work items:
a. Soil testing
b. Major tree trimming. Major tree trimming is defined as work that requires an aerial
lift (bucket truck), tree climbing or work that cannot be done from the ground with a pole
saw or pole chain saw.
c. Filling of holes in turf or shrub beds. (filling minor holes is included in the
Contractor's work)
d. Major irrigation repairs such as controllers, mainline repairs, valve replacement, and
irrigation wire repairs, pumps, and backflow devices.
e. Turf over seeding and top dressing will be handled by city staff.
f. Debell Uvas Creek Park Preserve open space/ channel, Christmas Hill Park Hillside,
and overflow parking area shall be done by city staff.
g. Doggie Bag Dispenser Maintenance and /or refilling with new bags.
h. Recreation Program support including ball field prep
i. Facility reservation support and customer response
j. General Park, playground and building repairs.
k. Electrical system maintenance and repairs
1. Raking and cleaning of playground surfaces such as sand and wood fiber shall be
done by city staff. Concrete surfaces around playground areas are to be cleaned
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blown off) during the service schedule by contractor. Contractor will rake leaves,
pick up garbage and debris during the scheduled service day in playgrounds.
9. Garbage, Litter and Debris Removal
a. Garbage, litter, and debris shall be removed as needed to prevent citizen complaint
and prepare turf areas for mowing and general facility use. Trash containers shall be
serviced and emptied when 1/3 full or when there is detectable odor.
b. Service frequency shall be once per week as a minimum as per Attachment B..
c. Garbage can liners shall be supplied by the Contractor and be of a quality approved
by the City representative. Garbage can liners shall be replaced when cans are
emptied.
d. Litter and plant debris will be removed from landscaped, hardscape, and adjacent
open space areas on a regular basis to achieve neat, clean, and attractive facilities.
Landscape debris will not be blown into streets and left unless collection of such
debris has been previously approved and coordinated with city staff.
e. Shopping carts and garage sale signs in and on the perimeter of contract sites shall
be considered part of the garbage and litter removal service. Functioning shopping
carts are to be placed in the corner of the employee parking lot at the City
Corporation Yard. Non - working shopping carts are to be loaded into the metal bid in
the City Corporation yard.
f. Disposal of garbage, litter, and debris shall be made at the City yard disposal areas
and any available on -site trash dumpsters. Alternate yard waste disposal sites other
than the City yard may become available and will be reported to the Contractor by the
City representative. Contractor shall keep all garbage and debris inside bunker areas
in city yard.
10. Landscape Maintenance (Facilities, Parks, Trails,'Slope Areas, Parking Lots)
A. GENERAL
1. All animal feces or other materials detrimental to human health shall be removed
per the service schedule.
2. All broken glass and sharp objects shall be removed per the service schedule.
3. All areas shall be inspected per the service schedule and maintained in a neat,
clean, and safe condition at all times.
4. All areas shall have leaves and debris removed per the service schedule.
5. All areas shall be inspected for vandalism, safety hazards, and serviceability per
the service schedule. Deficiencies shall be reported in writing immediately
email) to the City.
6. All sidewalks within the City areas shall be swept or cleaned, if necessary, to
remove any glass or heavy debris.
7. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by
Contractor's operations and at other times as required.
8. All leaves, paper, and debris shall be removed from landscaped areas and
disposed of offsite.
9. Trash cans provided by City shall be emptied per the service schedule. Contractor
shall provide plastic liners for all trash cans at Contractor's expense, to be
changed, not emptied, per the service schedule.
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10. All "V" drains shall be kept free of vegetation, debris, and algae to allow
unrestricted water flow.
11. All other drainage facilities shall be cleaned of all vegetation and debris. All
grates shall be tested for security and refastened as necessary. Missing or
damaged grates shall be reported to City.
B. HARD SURFACE AREAS
1. All areas shall be swept weekly to remove all deposits of silt and/or sand. Any unsafe
condition shall be removed upon discovery per the service schedule.
2. All areas shall be inspected per the service schedule and maintained in a neat, clean, and
safe condition at all times.
C. BICYCLE/WALKING TRAILS /ASPHALT WALKWAYS/ TRAILS
Special emphasis shall be placed on edging along these areas to prevent damage to
asphalt by vegetation. Bicycle /walking trails shall be kept free of encroaching vegetation.
11. Plant Care
Tree, Shrub and Ground Cover Maintenance
The latest edition of the Sunset Western Garden Book shall be the general guidelines and
reference tool for care and maintenance of all plant material.
A. Shrubs and Ground Covers
1. Pruning will be done in a manner to enhance the natural form of the plant and maintain
the design intent for the landscape. However there are or can be landscaped areas with
security concerns that will require different pruning for safety visibility. The City
representative will notify Contractor of special pruning sites.
2. Typically, shrubs which are planted along walls and fences should be maintained in a
manner which will allow the plant material to soften the hard structural feature.
3. Where the design intent is to have sweeps of shrubs, the plants shall be allowed to grow
together.
4. In some areas, it may be more appropriate to remove some shrubs entirely and allow
adjacent plant material to fill in rather than try to keep the plants in bounds with repeated
pruning. The Cities representative will point which plants, if needed, are to be removed.
5. Keep shrubs and ground cover a minimum of 12" from buildings, walls, trees and shrubs.
Shrubs and ground cover shall not be allowed to encroach upon walks or curbs.
6. City will provide a species specific and site specific pruning guideline appendix (in
progress) for selected plants to the company awarded contract.
7. Examples of plant care we expect shown below.
a) Vines and overhead vegetation (up to 18') on or over hanging walls boundary fences
shall be trimmed from growing on private property, i.e. the back side of wall. This
does not apply to existing vines have already grown over. If adjacent property owner
requests ivy or vegetation trimmed from top of wall, contractor shall be required to
remove it at no extra cost.
b) Hedge plants shall be allowed to grow together.
c) Rosemary and like ground covers to be cut back to 8 " -12" in height. Except where
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rosemary is already overgrown.
d) Ornamental grasses are to be pruned back during the late winter months.
e) Ground cover roses are be encouraged to grow together and are to be kept under 18 "-
24" in height.
f) Spring flowering perennials are to be cut back after flowering. Examples Lavender
and daylilies.
g) A three foot radius of free space shall be maintained around all fire hydrants. Low
ground (under 6 ") cover is ok.
8. Allow plants to grow to their natural shape.
9. All shrubs and ground cover is to be trimmed not to interfere with irrigation operation or
to encroach on to private property or Right -of -Way. Line of sight traffic safety issues as
identified by City engineering Department will also determine proper height and
appearance.
10. All dead, diseased and unsightly branches, vines or other growth shall be removed as they
develop.
11. All shrubs are to be trimmed symmetrically in natural form and proportion, but not to
interfere with vehicular and pedestrian clearance, visibility and access, unless otherwise
directed by a City's representative. Prune shrubs to encourage healthy growth habits,
natural form and proportion, symmetrical appearance and proper vertical and horizontal
clearance. Line of sight traffic safety issues as identified by City Contract Inspector will
also determine proper height and appearance
B. Trimming and Care of trees includes:
LQualified Professional personnel shall perform all pruning. Only recognized and
approved methods, techniques and standards shall be used. Trees pruned improperly or
damaged will be replaced by Contractor with plants of the same appropriate size as
determined by the City inspector.
2. All tree pruning shall conform to the Best Management Practices for Trees published by
the International society of Arboriculture and adhere to the most recent edition of the
American National Standards for Maintenance Tree Care Operations (ANSI A330)
3. Contractor shall raise trees as needed or directed by city staff and /or designated
representative.
4. Pruning of trees shall be done for the following conditions:
a. To maintain clearance for pedestrians (8 feet), road ways for vehicles (15 feet),
or from facilities (5 feet).
b. Property line/boundary pruning for both balance and good neighbor pruning for
sound walls, parks, and pump stations areas
c. To provide visibility site lines of pedestrians and motorists.
d. To maintain walkways and maintenance bands free from obstruction and /or
safety issues.
e. To improved or enhance tree growth.
f. To eliminate or reduce potentially unsafe conditions.
g. To correct shape, particularly for wind disfigurements.
5. Remove no more than 20% of live foliage within the trees during one pruning operation.
6. All cuts shall be thinning cuts as opposed to heading cuts. This means leaving a lateral
branch no less than 1/3 the diameter of the parent branch, or completely removing the
branch at its point of origin.
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7. All cuts shall be distal to the branch bark ridge or, if present the branch collar. The cuts
shall be close to but shall not injure the branch collar.
8. Interior branches shall not be stripped out. Liontailing is not permitted.
9. Contractor shall prune young trees under 18 foot in height to develop permanent
scaffold branches, remove crossing branches, remove diseased or damaged growth, or
eliminate narrow branch crotches.
10. Major tree trimming is not included. Major tree trimming is defined as work that
requires an aerial lift (bucket truck), tree climbing or work that cannot be done from the
ground with a pole saw or pole chain saw.
11. Trees shall be inspected regularly for hazardous conditions. Corrective action shall be
promptly performed by the contractor and the city notified.
12. Contractor to coordinate with city staff on large pruning projects so city can chip
branches. A notification of ten working days is required in non - emergency conditions.
13. Periodic re- staking and tying shall be done as needed. Plant ties shall be checked
frequently and adjusted to prevent girdling. Trees shall not rub against stakes at any
time. When trees no longer require the support of stakes, contact the city for
authorization to remove stakes and ties.
14. Maybe young trees which are leaning due to under developed truck caliper ought to be
staked at the direction of the city.
15. Fallen trees or branches shall be promptly removed. Promptly notify the City for large
trees down.
12. Landscaped Roadways, Roundabouts, and Medians
1. The scope of work for medians not only includes the landscaped areas but also those
areas of the median that are attached or directly adjacent to cobble /concrete hardscape
per its design. (Noses and turn lanes are examples of this condition).
2. Plant material shall not be allowed to obstruct any site line of vehicular traffic, and
shall be kept below 36" in height from the road surface in any areas where traffic site
lines may be impacted. City Traffic Engineer and Landscape Inspector may provide
direction as requested for proper maintenance.
3. Irrigation shall be adjusted and inspected as often as needed to insure no unsafe
condition is created by irrigation run -off onto road surface or over spray onto
vehicles.
4. All maintenance personnel shall wear class 3 safety vests while working on medians,
and at no time shall work be performed in the roadway without City approved Traffic
Control Plan and all required traffic control signage in place.
5. Contractor is responsible for insuring that all median maintenance is performed in a
safe manner and that no hazard is created by such operation.
6. When closing a traffic lane for landscape maintenance work, an electronic sign board
arrow) shall be used in high speed and /or high traffic areas (i.e. Santa Teresa). Work
shall only be performed on the closed lane side.
7. Cones are to. be bright orange. Old and faded cones shall be replaced.
8. Notify city staff when high speed or high traffic areas are to be serviced via email.
9. If the work to be performed and will take less time to complete then the time it takes
to set up traffic control, then no traffic control is necessary. An example would be
weed spraying, litter control, or irrigation maintenance.
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13. Turf Care
A. Turf Mowing
1. The contractor shall not mow, or use any equipment of turf areas when frost is present
or if the turf is saturated or standing water is present. Mowing should not begin until
turf area is free of litter and trash.
2. Mowing shall be accomplished with rotary mulching mowers. Blades shall be kept
sharp to produce a clean cut. Mowers shall be kept clean and free of fuel, oil, hydraulic
fluid, and grease leaks.
3. Mowing equipment shall be washed between sites to minimize the spread of weed
seeds.
4. Mowing patterns shall be alternated to avoid creating ruts and compaction.
5. Use caution when mowing berms or uneven areas to avoid scalping turf. Rodent dirt
mounds need to be knocked down, spread, or removed so as reduce turf loss until
rodent activity is abated.
6. Mowing shall typically be performed as needed from December through March and at
least weekly from April through November. This is a guide only and will vary based
on weather. Mowing shall be frequent enough so that no more than 1/3 of the leaf is
removed at each mowing. During active growing season, mowing may need to be
done twice weekly on play fields. Mowing height shall be 3 1/2 "unless otherwise
directed by city staff.
7. All clippings shall be efficiently mulched to leave no visible trace or picked and
removed only when necessary and removed to a designated dumping site. At no time
shall unsightly clippings be left before vacating site following mowing operation.
8. Contractor shall have a spare mower of comparable size available within 24 hours of a
mower breaking down.
9. Keep grass clippings away from waterways and out of the street.
B. Turf Aeration
1. All turf (not including the no -mow) areas shall be core aerated in September /October.
Cores should be reincorporated into the turf. Core size should be '/2" diameter.
Alternative methods of relieving compaction may be authorized by City.
2. Prior to any cultivation activity, all irrigation heads, valves, and utility boxes shall be
flagged. The soil shall be allowed to dry prior to cultivation.
C. Edging
1. When turf abuts concrete walk ways or concrete mow band, turf shall be edged with a
metal blade edger. If a spin trimmer is required to edge around utility boxes, or
wooden header boards, it shall be held so that the cut is vertical. A bevel cut will not
be used. After mowing or edging hardscape (walks /drives /patios /streets) shall be
swept or blown clean. Debris will not be left in street gutters or and removed.before
vacating site.
2. Tree wells are to be maintained with a neat turf edge and wells shall be kept weed free.
3. Chemical edging shall not be used anywhere.
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D. Turf Fertilization
1. Fertilization schedule for all turf shall be:
a. March/April 44-0-0 Polyplus SL
b. Late August, early September 16 -8 -8
c. November 44 -0 -0 65% Polyplus SL Urea
2. Fertilizer use shall be reported with pesticide use.
E. Turf Pest control
1. Weeds - All turf grass in the CFD areas are relatively new with very few broadleaf
weeds. At this time it is best to manually remove broadleaf weeds or spot spray.
14. Pest Control
1. Weed Control Plan- Develop an annual weed control plan that your company feels
would produce a cost effective approach that provides high quality results for turf,
shrubs and ground cover, annual flowers, bike /walking trails, open space edges/ post
and cable /fence lines, and hardscape (cracks and crevices) including sidewalk, curb
and gutter frontages. Control weeds with pre- emergent herbicides and selective
systematic herbicides or through mechanical means, i.e. mowing, hoeing and weed
whipping. No pesticides, herbicides, or other chemicals may be used in or around Low
Impact Development Structural Control Measures such as Bio- retention ponds, bio-
swales, or infiltration ponds of any kind.
2. Written Pest Control Recommendations - A written pest control recommendation
from a licensed pest control advisor will be required for all pesticide applications. The
contractor shall provide copies of all recommendations to the City at least _5_
working days prior to application. Recommendation shall take into consideration
drainage to water ways (Uvas Creek), drain inlets, and adjacent schools.
Recommendation shall evaluate pesticides used and application activities performed
and identify pollution prevention and source control opportunities.
3. Prohibit application of pesticides, herbicides and fertilizers as required by the
regulations DPR 11 -004 Prevention of Surface Water Contamination by Pesticides
enacted by the Department o f Pesticide Regulation.
4. No spraying shall be within 48 hours of predicted rainfall with greater than 50%
probability as predicted by National Oceanic and Atmospheric Administration
NOAA).
5. Collect and properly dispose of unused pesticides, herbicides and fertilizers containers.
6. Do not spray weeds in playground areas. Weeds are to be removed manually.
7. Reoccurring unwanted plants (i.e. berry bushes, poison oak) are to be sprayed to kill
plant roots or removed by digging up root system.
S. Trees in turf - maintain a minimum 3 ft. radius weed free.
6 Product Use Summery - Prior to the 15th of the month, the contractor shall provide to
the city a summary of pesticides used the prior month. Provide the product EPA
registration number and the amount of product used.
7 Posting — post all entry areas with spray notices when broadcast spraying public use
areas and verbally notify public visitors when spot spraying when in the area. Remove
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facility spray notices when spraying is complete unless product label provides for
different posting requirements.
8 Spray marker — the routine use of spray marker dyes is discouraged. Contact the
City if such use is desired
9 Weed control can be done with chemicals or with mechanical means (i.e. hoeing or
mowing), or other cultural practices. The Contractor shall take vigorous responsibility
for controlling weeds growing in cracks, or expansion joints, along fences /sound walls
and areas contiguous to all active the City landscape areas (including sidewalks, curbs,
and gutters). This includes all landscaped medians that are attached or directly
adjacent landscaped roadway areas.
10 Moluskacides should be iron phosphate based or other City approved control
11 Pest Control Licensing — The contractor shall have a qualified person who holds the
appropriated California Department of Pesticide Regulations licensing oversee all
pesticide applications. If restricted materials are used, the applicator must be licensed.
12 Trails — keep trail shoulders free of weeds 24" from any trail hardscape edges. Post
sign when spraying along trails.
13 Minimal insect control is practiced and is to be handled on a case -by -case basis and
will be charged as an extra.
14 Minimal disease control is practiced and is to be handled on a case -by -case basis and
will be charged as an extra.
15 Rodent Control
a.All mounds, burrows, or other minor damage shall be discovered in a timely
manner and repaired by Contractor. Rodent problems should be identified and
reported to the City in their early stages as part of weekly inspections before
causing critical damage to areas. Lack of early discovery will be considered
negligence on the part of the Contractor. Depending on the scope of the problem,
rodent control in the form of baiting or trapping will be recommended and
scheduled work.
b.Gopher control
i. The contractor shall obtain a written pest control recommendation from a
licensed Pest Control Advisor for baiting for gopher control. All bait shall
be placed below ground in the burrow system. Any spilled bait shall be
promptly picked up. Any dead gophers found on the surface shall be
collected and properly disposed of.
ii. If trapping is to be used all State Regulation must be followed. If trapping
is to be used, contractor shall notify and get City's approval on sites and
locations. Dead gophers must be disposed of properly.
iii. The contractor shall comply with all other provisions of pesticide
requirements.
iv. The contractor shall promptly remove or disperse any soil mounds
discovered on the turf.
V. Contractor to give city a per- treatment per site price. A total of 10 site
visits will be included in price, but charged as work as needed. So if no
rodent control is needed the City will not be charged.
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vi. No chemical control of rodents in Low Impact Development Structural
Control Measures such as Bio- retention ponds, bio- swales, or infiltration
ponds of any kind.
c. Ground Squirrel control shall be handled on a case by case basis and coordinated
with City representative. Ground squirrel will be treated as an additional cost and is
not included in this contract.
15. Irrigation
a. Contractor and its employees shall bi- weekly (every two weeks) inspect and test all
irrigation systems for system operability; component malfunctions, and adjusts schedules
to address weather changes and irrigation requirements. Any signs ' of irrigation
malfunctions will be immediately addressed and system checks will become as frequent
as necessary to insure problems are fully resolved without any further damage. These
inspections may also become more frequent in certain areas that are under observation
due to chronic malfunctions or vandalism. Between November 1 and March 1 if systems
are turned off because of weather conditions, monthly inspections will be acceptable to
insure that there has been no damage to the systems.
b. After Value -The contractor shall be responsible for all labor for the irrigation repairs
after the valve including the solenoid, rebuilding of the valve, lateral lines, and sprinkler
heads, and including adjustment to sprinklers. Contractor to bill the City for all irrigation
material costs plus a fifteen (15) percent markup.
c. Before Valve: Replacement of remote control valves, rebuilding or replacement of quick
couplers, flow control valves, master valves, backflows and mainline repairs are not
included and shall be billed to the city at an hourly rate basis or on a bid basis. The city's
representative will ok work to be done on case by case basis. All irrigation materials used
will be charged to city at cost plus a fifteen (15) markup.
d. An irrigation audit shall be done during the winter months listing all work extra work that
should be done to improve system efficiency, i.e. raised heads, upgrading of nozzles and
deliver to the city representative by the end of February.
e. Under no circumstances can a system go unchecked long enough to cause any problems
with startup when weather conditions warrant systems to be fully operational. Contractor
shall set and program automatic controllers for seasonal watering requirements. A sign in
sheet shall be placed inside each irrigation controller box that designates by date and
signature each time the system is inspected or adjusted for non - central station controllers.
f. All replacement materials are to be with new original types and models materials, unless
a substitute is approved by City representative.
g. Contractor shall maintain an adequate inventory of medium to high usage stock items for
repair of the irrigation systems.
h. Contractor shall implement repairs in accordance with all effective warranties, and no
separate payment shall be made for repairs on equipment covered by warranty.
i. Notify the owner in writing of any conditions that are discovered which may prevent the
system from delivering the correct amount of moisture.
j. Adjust risers and sprinkler locations to compensate maturing landscape. This work will
be done at an additional cost. The Irrigation Technician shall notify city staff of needed
work.
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k. Reflect actual evapotranspiration (E.T) requirements and requirements of soil and plants
when programing controllers.
1. Eliminate runoff onto streets, sidewalks, and other non - target areas by using a
Cycle /Soak programs.
m. Provide sufficient time for soil to dry out between irrigations when programing
controllers.
n. Maximize public use of City property when programing controllers.
o. Repairs of any irrigation components or property damaged by Contractor or as a result
of negligence, error or omission by Contractor shall be the full responsibility of the
Contractor.
p. Remote control valves -Many RCV are used in the city. Along the 3rd street corridor
Rainbird PESB- NP -NAN series are used. The contractor should be familiar with all
types of modern remote control valves.
q. Quick coupler valves
The standard quick coupler valve is the single slot Rain Bird 44 or Buckner QB44RCIO
on potable water sites. On recycled water sites along the 3rd Street Corridor a 1" Acme
thread valves are used. It is the City's responsibility to repair quick couplers.
r. Master Valves - Master valves used are normally open Superior 3300. Del Rey Park and
the Ranch Site use Griswold normally open 2160 valves. Rainbow Park and Leavesly at
Arroyo Circle use normally closed valves. It is the City's responsibility to repair master
valves and Flow Control Valves.
s. Fixed Spray heads
1. The standard pop -up fixed spray head is the Rain Bird 1800 series SAM -PRS.
Twelve inch pop -up is typically used in ground cover, shrub, and bedding plant
areas. Four inch and six inch has been used in turf. If it is necessary to replace a
four inch body in a turf area, it should be upgraded to a six -inch pop -up.
2. All heads used on recycled water lines must be equipped with purple caps.
t. Rotor Sprinklers -A variety of rotor heads are used in the city systems. The Contractor
should be familiar with all types of rotor sprinklers. These CFD sites use mainly MP
Rotators.
u. Drip - Inline drip, on -line drip and Multi Outlet drip is used along the 3rd Street Corridor
and at Mesa Soundwall. The Contractor should be familiar with all types of drip systems.
v. Flow Sensors -Data Industrial (Badger) flow sensors are used at many sites. Flow
Sensors are the City's responsibility to repair.
w. Pumps -No pumps are used on these sites.
x. Controllers and Programming
1. All CFD site use the Rain Master Evolution. Most of the on -line controllers are
linked to flow meters and master valves and will shut down the system if high or
unscheduled flows are detected. Low flow and electrical faults are also detected
by the central system. The central controller is linked to an on -site weather
station and that data is used to adjust station run times and shut down during
unfavorable weather events. The landscape contractor is expected to
communicate with city staff regarding site irrigation needs. The city will service
irrigation controllers.
2. City staff will program controllers which are on -line with the central system.
Irrigation programming will be coordinated around facility use.
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3. The general guide for irrigation is to water deeply but infrequently. The soil
surface should be allowed to dry between irrigations. Typically three irrigations
per week is sufficient for turf. Irrigation schedules must take into account public
use of the facility and hydraulic capacity of the systems. Irrigation programming
will be coordinated with the city.
4. Upon completion of work, verify that all cabinets are properly locked before
leaving the area. Due to the potential damage to systems from leaving a cabinet
unlocked, this type of infraction will be considered a serious act of negligence by
the contractor.
5. When site irrigation is checked or serviced the Irrigation Tech shall sign and fill
out Controller Maintenance sheet provided in each controller.
y. Recycled Water:
Sites along 3rd street are irrigated with recycled water. This is disinfected tertiary
treated waste water which is provided by the South County Regional Wastewater
Authority.
All irrigation heads and pipe shall be color coded purple or otherwise labeled. Only
Acme threaded quick couplers shall be used on recycled water systems. Employees
working on sites with recycled water shall be trained on the precautions to use. The
contractor foreman or supervisor is encourage to attend the annual supervisors training
conducted by the South County Regional Wastewater Authority. Contact the city for
additional information on this.
16. Care for Storm Water elements -Low Impact Development Structural
Control Measures (LID SCMs)
Bioswale Features work includes:
Water must flow downstream to inlet. Confirm there is no evidence of long -term
ponding which causes dying plants and /or bare spots at the bottom of the swale.
Fix any flow paths that develop.
Remove all trash and debris on service days.
Fix rodent holes and erosion with proper materials per design specs.
Manually remove all weeds.
Trim over -grown plants that are blocking the inlets or outlets, or if they are growing
into the public right -of -way.
No pesticides, herbicides, or other chemicals may be used in or around the swales.
Remove sediment buildup at the bottom of the swale. Sediment buildup of over 1 cubic
yard shall be removed by the City.
Fix ponding by replacing soil per design specs. This shall be done by the City or
contractor shall be contracted to make repairs.
Replace dying or dead vegetation, as needed. Plant replacement is not included in this
contract. Contractor shall notify the City of dying or dead vegetation. City will contract
with contractor to replace plants.
Adjust irrigation schedule, if needed, for healthy plants.
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Report and fix odors. If there is an order problem contractor shall notify the City.
Contractor will work with the City rectify problem.
Report and fix any pedestrian paths that develop. Contractor shall notify the City to the
presence of any pedestrian paths that develop. Contractor shall work with the contractor
to rectify the problem.
Control Rodents in Bioretention features by non - chemical means.
Bioretention Features
Report and fix any pedestrian paths that develop. Contractor shall notify the City to the
presence of any pedestrian paths that develop. Contractor shall work with the contractor
to rectify the problem.
Remove all trash and debris on service schedule.
Fix rodent holes and erosion with proper materials per design specs.
Manually remove all weeds.
Trim over -grown plants that are blocking the inlets or outlets, or if they are growing into
the public right -of -way.
No pesticides, herbicides, or other chemicals may be used in or around the Bioretention
features.
Remove sediment buildup at the bottom of the Bioretention feature. Sediment buildup of
over 1 cubic yard shall be removed by the City.
Replace dying or dead vegetation, as needed. Plant replacement is not included in this
contract. Contractor shall notify the City of dying or dead vegetation. City will contract
with contractor to replace plants.
Adjust irrigation schedule, if needed, for healthy plants.
Report and fix odors. If there is an order problem contractor shall notify the City.
Contractor will work with the City rectify problem.
Report and fix any pedestrian paths that develop. Contractor shall notify the City to the
presence of any pedestrian paths that develop. Contractor shall work with the contractor
to rectify the problem.
Control Rodents in Bioretention features by non - chemical means.
Keys, Deficiency, Severance, and Termination
Locks and Keys
The Contractor shall be responsible for the series of keys assigned to it and shall assign these
keys to its personnel for use in maintaining the facilities. The Contractor shall properly use and
keep safe all keys or locks issued or used by the City to the Contractor.
The contractor shall report all lost or stolen keys or locks to the City representative(s) within
twenty -four (24) hours after discovery of the loss. The Contractor shall reimburse the City for the
total cost, as determined by the City, of replacing the lock, re- keying the site or duplicating
additional keys.
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Upon termination or cancellation of the Contract, the Contractor shall immediately return all
keys, cards, remote controls, etc., to the City. The Contractor shall reimburse the City for the
total cost, as determined by the City, for the total cost of keys not returned.
Deficiency Notice Procedures
a. Deficiencies will be recorded and presented to the contractor via e -mail, fax or U.S.
Mail. The Contractor shall respond within 24 hours with a plan to remedy and to
prevent future occurrence, Contractor will be responsible for providing follow up
documentation. Contractor supervision is responsible for re- inspection of problem
areas before notifying the City the problem has been resolved.
b. Contractor's management team must be available for face -to -face meetings called by
the City within 48 hours of notification.
c. Failure to resolve the problem will result in a written vendor "Non- Compliance "
report seeking a written response from the contract management outlining a
permanent resolution to the problem. Patterns of complaints, which may indicate the
contractor's failure to adequately staff, train and supervise, shall cause a face to face
meeting with the highest level of the contractor's management deemed necessary by
the City in order to clarify the contractor's obligations and produce a written work
plan and time frame for remedying the deficiencies.
d. Failure to resolve a written "Non- Compliance contract services notice" will result in
one or all of the following:
i. Payment deductions to the Contractor for services not performed per contract
where City had no or reduced service.
ii. Termination of selected contracted service area/s because of contractor's
continued failure to perform in the designated areas.
iii. Total contract termination for failure to perform after repeated "Notices of
Non - Compliance have been issued.
iv. Contract works that the contractor failed to preform and City staff was
compelled to perform and must fill in for, will be back charged (labor and
equipment) to contractor. (Example: contractor fails to mow turf as scheduled.
City may to do work and back charge contractor.)
Right of Severance and Termination
1. Remove worker: The City shall.have the right to request removal of any specific
Contractor worker from City contract properties for the following:
a. The City reserves the right to request removal of any specific Contractor
worker if the worker is deemed by City to be incompetent or negligent based
on worker's inability to execute required project tasks.
b. For failure to adhere to the City's standards
c. For worker misconduct.
2. Terminate contract: City reserves the right to terminate this contract with
Contractor upon 10 days advance written notice should Contractor fail to meet
obligations of the contract as noted under Deficiency Notice Procedures (d. iii above).
Such failures include, but are not be limited to:
a. Consistent failure to respond to requests for service or to remedy contract
deficiencies,
6.5.b
Packet Pg. 90 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
b. Consistent failure to provide qualified, trained workers and supervisors,
c. Contractor failure to keep City informed.
3. Back charge — City will bill Contractor for work not performed where city staff had
fill in.
One Site Safety
Maintenance and Operation of Equipment and Vehicles
The Contractor shall take necessary precautions for the safe operation of equipment and the
protection of the public from injury and damage from such equipment and vehicles. Contractor
shall repair or replace, immediately, all equipment deemed by City to be unsafe, irreparable or in
unsatisfactory condition. All vehicles shall have the contractor's name visible to the public.
Contactor shall operate equipment and vehicles so as to minimize service vehicles driving off
pathways and hardscape onto turf and planters with irrigation and plants and prevent damage.
Contractor shall use street frontages and parking areas rather than pathways and sidewalks when
possible operating vehicles in contract sites.
String Trimmers
Contractor shall train staff and operate all string trimmers in a safe manner. Training shall
include proper techniques in avoiding flying debris and protecting staff, pedestrians and vehicles
from harm. Care shall be exercised with regard to the use of string trimmers to prevent damage
to building surfaces, walls, header board, light fixtures, signage, etc. String trimmers shall not
be used around trees. A 2 to 3 foot soil buffer zone shall be maintained around the
circumference at the base of all trees, unless otherwise directed by City. Any trees damaged by
string trimmer or mower shall be replaced at no additional cost to the City.
Reference Materials
The following documents will be used to judge best and proper landscape practices and
procedures unless otherwise specified or instructed.
All specifications for materials to be used and construction guidelines will be based on City of
Gilroy Construction Standards unless otherwise noted and/or approved.
Latest edition Sunset New Western Garden Book
Standard practices of the International Society of Arboriculture
Cal -OSHA Requirements
The contractor shall comply with all provisions of the California Occupational Health and Safety
Act., taking all precautions in the performance of the service to prevent injury to persons and
property.
Accident Reporting
The Contractor shall immediately notify the designated City representative(s) of any accident,
regardless of whether or not injury or damage is evident, involving the public and the
Contractor's staff, vehicles, and /or equipment. The Contractor shall provide all written reports
and /or documentation requested by the City.
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Packet Pg. 91 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
Management and Supervision
The Contractor shall provide fully trained and qualified personnel: The staff activity will be
closely monitored by City representative(s) at each site to detect operational irregularities and
non - compliance with the Contract.
It is the responsibility of Contractor's executive, management, and supervisory staff to oversee
the activities of its staff, throughout the range of its activities at all contract sites.
The City will not supervise the contractor's supervisors or employees.
All Supervisors must be qualified, proficient in English, trained and capable of providing
adequate supervision and direction of all staff and must demonstrate verbal and written
communication skills sufficient for the work required herein.
The Contractor's crew leader and operational staff, as well as their supervisory and management
staff, shall be knowledgeable in this Contract and its time lines. An outline of the task
requirements, schedule, and time lines for each site shall be kept with each crew. If any task
cannot be thoroughly completed within the Contract schedule time line, the City's representative
shall be notified promptly in the prescribe manner established at contract startup.
Contractor shall be expected to take reasonable care to identify and report
conditions /situations /occurrences which may be harmful or result in decline of plant material or
landscape or interfere with public use. If this care is not exercised then repair of resultant damage
to landscape or plant material shall be the responsibility of contractor.
Contractor to incur all costs to assess, repair or replace any physical property damaged as a result
of contractor's negligence or failure to take reasonable care to identify and report potential
problems with the landscape.
Contractor shall inspect and identify any condition(s) that renders any portion of a site unsafe, as
well as any unsafe practices occurring thereon, and shall immediately notify the City
representative(s) of any unsafe or undesirable condition(s). Contactor shall take emergency
safety actions to protect worker and or the public from a developing or observed hazardous
conditions. Safety action taken by the contractor not related to normal contraction services shall
be appropriately compensated by the City when justified in writing and include any public safety
call for service report number.
The Contractor shall make minor corrections including, but not limited to, filing minor holes in
turf and activity areas, using barricades or traffic cones to alert the public to the existence of
hazards, replacing Contractor - damaged valve box covers, and securing any damaged apparatus
so as to protect members of the public or others from injury.
If needed, the Contractor shall assist the public by summoning emergency assistance while at the
site. The Contractor shall cooperate fully with City in the investigation of any injury or death
occurring at any site, including a complete written report.
During all operations, the Contractor shall comply with local ordinances regarding noise levels.
Any scheduling of the Contractor's operations may be modified by City at no additional
compensation to Contractor in order to ensure that the public is not unduly impacted by the noise
of equipment or operations.
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Packet Pg. 92 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
EXHIBIT "C"
MILESTONE SCHEDULE
Service Frequency and Schedules
Inspect and service every site once per week as a contract standard.
The Contractor shall, within ten (10) working days after the effective date of the
Contract, submit a work schedule to the City's representative(s) for review and approval.
Said work schedule shall be based on a twelve -month calendar identifying and
delineating the time frames for the required work by the day of the week, morning or
afternoon.
The Contractor shall submit revised schedules / calendars when actual performance
differs substantially from planned performance. Said revisions shall be submitted to the
City's representative(s) for review and, if appropriate, approval, within five (5) working
days prior to scheduled time for the work.
At the discretion of City staff, weekly inspection meetings will be held(or more
frequently if deemed necessary by the City) between the Contractor and the city
representative(s) are to be scheduled to determine progress, review weekly site
inspections and address any changes in schedules, problem areas, etc.
Contractor shall notify the City, in writing, at least two (2) weeks prior to the date and
time of all pre- approved "Specialty Functions." "Specialty Functions" are defined as:
a. Fertilization
b. Tree Trimming/Management
c. Aerate —Turf
Performance during Inclement Weather
During the periods that rainfall hinders normal operations, the Contractor shall adjust its
workforce to accomplish those activities that are not affected by weather. The prime
factors in assigning work.shall be the safety of the workforce, the public, and damage to
landscaping. Leaf and down branch pickup and drain clearing are a high priority. Rainy
days are not an excuse to pull workforce from city. Contractor shall continue landscape
tasks that can be safely preformed in the rain. Such as sidewalk pruning, low limb
removal, or items that city contractor inspector points out.
Sites and On -Call services are also itemed under Exhibit "D" (payinent /fee schedule).
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Packet Pg. 93 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
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Packet Pg. 94 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
FIRST AMENDMENT TO AGREEMENT FOR SERVICES WITH ALPINE LANDSCAPES
FOR (CFD) LANDSCAPE MAINTENANCE SERVICES
This First Amendment to the Agreement for Services ("First Amendment") is made and entered
into as of August 28, 2019 ("Effective Date"), by and between the City of Gilroy, a California
municipal corporation ("CITY"), and Alpine Landscapes ("CONTRACTOR").
WHEREAS, CITY and CONTRACTOR are parties to that certain Agreement for Services,
effective on January 4, 2018, hereinafter referred to as "Original Agreement"; and
WHEREAS, CITY and CONTRACTOR have determined it is in their mutual interest to amend
certain terms of the Original Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below
and for other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties hereto agree as follows:
1. Article COMPENSATION (Consideration) of the Original Agreement shall be amended to
read as follows:
Consideration
In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay
CONTRACTOR the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event however
shall the total annual compensation paid to CONTRACTOR exceed $262,477.00."
2. This Amendment shall be effective on August 28, 2019.
3. Except as expressly modified herein, all of the provisions of the Original Agreement shall
remain in full force and effect. In the case of any inconsistencies between the Original Agreement and
this Amendment, the terms of this Amendment shall control.
4. This Amendment may be executed in counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the
dates set forth besides their signatures below.
CONTRACTOR:
Alpine Landsca e
By:
signature]
Ryan smore
employee name]
President/Owner
title/department]
CITY:
CITY OF GILROY
By:
signature]
Gabriel A. Gonzalez
name]
City Administrator
title]
Date: 3 /s 2 l Date: ppQ Q
f A rdved as to Form:
4845-8215-5540v1
ATT
MDOLINGER104706083
City Clerk
Gilroy City Attorney's Office
By, '
Citv Attornev
6.5.c
Packet Pg. 95 Attachment: First Amendment with Alpine Landscapes (3802 : Third Amendment to Agreement for Services with Alpine Landscapes for CFD
DocuSign Envelope ID: CE9E3770-7B3B-4613-8D28-7B819AAE681D
6.5.d
Packet Pg. 96 Attachment: Amend_No.2_-_Alpine_Landscapes_-_CFD_Landscape_Maintenance_Services.sd (3802 : Third Amendment to Agreement for
DocuSign Envelope ID: CE9E3770-7B3B-4613-8D28-7B819AAE681D
6.5.d
Packet Pg. 97 Attachment: Amend_No.2_-_Alpine_Landscapes_-_CFD_Landscape_Maintenance_Services.sd (3802 : Third Amendment to Agreement for
City of Gilroy
STAFF REPORT
Agenda Item Title: Consent to the Appointment of Sharon Goei as Community
Development Director
Meeting Date: June 6, 2022
From: Jimmy Forbis, City Administrator
Department: Human Resources Department
Submitted By: LeeAnn McPhillips
Prepared By: LeeAnn McPhillips
Jimmy Forbis
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Consent to the City Administrator’s recommendation to appoint Sharon Goei to the
Department Head position of Community Development Director.
BACKGROUND
Earlier this year, the City commenced a recruitment to fill the vacant position of
Community Development Director. After a series of panel interviews comprised of
subject matter experts, community members, Department Directors, and the City
Administrator, a top finalist was selected for the Community Development Director
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position, Sharon Goei. Based on her knowledge, skills, experience, and leadership
style, Ms. Goei has been identified as a strong fit for the Gilroy Community
Development Director position. Ms. Goei recently completed a thorough background
check and, at this time, City Administrator Forbis is recommending Ms. Goei be
appointed as Gilroy’s next Community Development Director.
Ms. Goei brings over twenty years of related experience having worked in the cit ies of
Stockton, Walnut Creek, Santa Clara, and, currently, Milpitas. She currently holds the
position of Director of Building Safety and Housing with the City of Milpitas. Ms. Goei
started her public sector career in Engineering and holds both a Bachelor ’s and
Master’s degree in Civil Engineer from UCLA. Given her passion for well-planned
community and economic growth as well as building safety, Ms. Go ei transitioned her
career to focus on community development, economic development, building safety,
and housing making her an excellent fit for this position in Gilroy.
Mr. Goei’s experience in Santa Clara Country will allow for a smooth transition as she
has already developed strong and collaborative relationships throughout the region. She
has worked to develop strong relationships with developers, contractors, designers,
residents, and others and this has resulted in strong communication and creative
problem solving to achieve a positive outcome. In addition, Ms. Goei is very focused on
customer service and process improvement to make interactions with the Community
Development Department both positive and efficient. She has worked on the Housing
Element, Unhoused projects and task forces, CDGB committees, Climate Action Plans,
and various affordable housing programs and projects.
Ms. Goei brings to this position some of the key leadership and management traits the
City sought in the new director: strong technical and leadership skills, an excellent
customer service orientation, an action oriented work style focused on getting projects
completed on time and within budget, the ability to establish and maintain partnerships,
the ability to develop and lead teams, and creative problem solving. H er management
style is collaborative while at the same time holding her team accountable for results.
Understanding some of Gilroy’s current challenges, Ms. Goei is excited join the Gilroy
team and put her talents to work to fulfill the Council’s and City Administrator’s priorities.
In addition, this position will allow he r to grow her experience in an active and engaged
community where she will be responsible for all aspects of Community Development.
Upon consent of the City Council and issuance of a final offer letter, M s. Goei is
scheduled to begin employment on July 18, 2022.
COMPENSATION
Ms. Goei’s starting compensation will be $195,892 annually, plus benefits.
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City of Gilroy
STAFF REPORT
Agenda Item Title: AWS Data Center Environmental Impact Review (EIR) Award of
Consultant Contract
Meeting Date: June 6, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Jon Biggs
Prepared By: Cindy McCormick
Cindy McCormick
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Award a Contract to Circlepoint in the amount of $175,000 for preparation of the AWS
Data Center EIR and authorize the City Administrator to execute the contract and
associated documents.
EXECUTIVE SUMMARY
Amazon Web Services (AWS) submitted an application to construct and operate a data
center on an industrial zoned vacant property, located on Camino Arroyo near the Gilroy
Outlets. The project site is subject to the City’s Agricultural Mitigation Policy and will
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have significant impacts related to Vehicle Miles Traveled. The City received four (4)
proposals in response to a Request for Proposals (RFP) for preparation of an
Environmental Impact Report (EIR) for the proposed project. The City will hold a series
of public hearings with the Planning Commission and the City Council to receive public
comment prior to making a decision on the proposal.
POLICY DISCUSSION
The California Environmental Quality Act (CEQA) requires state and local government
agencies to review discretionary projects for potential environmental impacts, inform
decision makers and the public about such impacts, and mitigate the impacts to the
extent feasible to prevent significant, avoidable enviro nmental damage.
The laws and rules governing the CEQA process are contained in the CEQA statute
(Public Resources Code Section 21000 and following), the CEQA Guidelines (California
Code of Regulations, Title 14, Section 15000 and following), published cour t decisions
interpreting CEQA, and locally adopted CEQA procedures.
BACKGROUND
On March 28, 2022, a Request for Proposals (RFP) for the Data Center Environmental
Impact Report (EIR) was sent directly to all eleven of the City’s on -call environmental
consultants, in addition to posting the RFP on the City’s current bid and contract
opportunity webpage. The City of Gilroy Purchasing Policy requires a RFP process
when services are estimated to be more than $100,000. RFPs are awarded based on
the best overall value to the City, as opposed to lowest responsive and responsible bid,
and include evaluation of qualitative and/or quantitative factors in addition to price.
The City received four (4) proposals by the May 2, 2022 deadline, including three (3)
proposals from the City’s On-Call Consultant Selection List and one (1) proposal
through the City’s open bid process.
ANALYSIS
The Request for Proposals (RFP) identified the City’s desire to retain the services of an
experienced consultant team to prepare an Environmental Impact Report for a proposed
Data Center on an industrial zoned property in the City of Gilroy.
Proposals: The City received proposals from Circlepoint, EMC Planning Group, First
Carbon Solutions, and SWCA Environmental Consultants.
Proposal Evaluation: In accordance with the RFP and the City’s standard evaluation
and scoring criteria, proposals were evaluated based on the consultant’s understanding
of the scope of services; qualifications and experience; references; overall quality of the
response to the RFP; milestone schedule, and cost proposal. The proposals were
reviewed and scored separately by the Interim Community Development Director, the
project planner, and the Community Development Department’s Management Analyst.
The strengths and weaknesses of each proposal were discussed, and based on that
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evaluation, staff recommends awarding the contract to Circlepoint for the following
reasons, based on staff’s review of the proposals, using the proposal evaluation criteria:
1. Consultant’s understanding of the scope of services and overall quality of
the response to the RFP: Circlepoint was the only proposal that noted potential
issues with the applicant’s “mitigation incorporated into the project design”
approach, citing current case law that should be considered to help ensure the
EIR appropriately identifies environmental impacts and discloses necessary
mitigation that hadn’t previously been considered by the applicant. Circlepoint
was also the only proposal that noted potential “public scrutiny” r egarding water
supply and demand, an issue that staff also anticipates will require meticulous
analysis to help ensure preparation of a legally defensible document.
2. Consultant’s corporate and team member qualifications and experience: All
three of the consultant staff working on the EIR have direct experience with data
center projects, helping to ensure that potential impacts unique to data centers
(e.g., water use) is thoroughly analyzed.
3. Consultant’s references quality and responses: Circlepoint’s references were
for cities (San Jose and Santa Clara) in which the consultant had previously
completed CEQA documents for data center projects.
4. Consultant’s cost proposal and Timeline: Circlepoint’s proposed budget and
milestone schedule were reasonable and in line with three of the four proposals.
Proposed Scope of Work
Task 1: Kickoff and Meetings: In addition to bi-weekly check in meetings, Circlepoint
will participate in one (1) kickoff meeting with the City to confirm the scope of
environmental analysis and methodologies, discuss initial data requests, and develop
the project schedule.
Task 2: Scoping Meeting and Notice of Preparation: Following distribution of the
public notice, Circlepoint will facilitate a Public Scoping Meeting, record public
comments, and incorporate the “known issues” into the EIR.
Task 3: Project Description: Circlepoint will prepare a project description, building
upon information provided by the Applicant, and ensuring the project description meets
the requirements of CEQA Guidelines Section 15124.
Task 4: Project Management: Circlepoint will provide ongoing project management
throughout the environmental review process including coordination with
subconsultants, City staff, and outside regulatory agencies as applicable.
Task 5: Technical Studies: Circlepoint will review background documents and
technical studies provided by the Applicant and/or City. Circlepoint will conduct a gap
analysis to ensure each of these technical studies provides the information necessary to
support and complete the EIR per CEQA guidelines. If additional technical analysis is
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required, an amendment to the scope and fee would be necessary. Staff has included a
10% contingency budget to help minimize the need for a contract amendment.
Task 6: Draft EIR: Circlepoint will prepare a Draft EIR consistent with CEQA
Guidelines. The EIR will also include an analysis of alternatives to the project, an
assessment of cumulative impacts associated with the project, and a summary of
comments received during the scoping period. Circlepoint will prepare a draft mitigation
monitoring and reporting program (MMRP) and Administrative Draft EIR, which includes
feasible mitigation for identified significant impacts. Following City review and comment
on two subsequent drafts, Circlepoint will prepare a Public Draft EIR and associated
public noticing materials. The Draft EIR will be circulated for a minimum of 45 days and
presented to the public for comment at an in -person public hearing at City Hall.
Task 7: Final EIR: Circlepoint will prepare written responses to comments on the Draft
EIR following the public review period. The scope and budget assume up to 15 distinct
comment letters. If additional responses are submitted, or substantial additional analysis
is needed, an amendment to the scope and fee may be necessary if not accounted for
in the contingency budget. Responses to public comments will be incorporated into the
Final EIR following the City’s review and feedback.
Contingency. In addition to Circlepoint’s proposed budget, staff has included a 10%
contingency budget in the contract to account for unforeseen circumstances / change
orders. These funds can only be used with prior City authorization. A contract
amendment would be needed if the contingency funds are exhau sted.
CONCLUSION
It is recommended that the City Council, by motion, award a Contract to Circlepoint in
the amount of $175,000 ($158,988 proposal + $16,012 (~10%) contingency) for
preparation of the AWS Data Center EIR and authorize the City Administrator to
execute the contract and associated documents.
ALTERNATIVES
1) Award the contract to a different consultant. Staff does not recommend this option
based on staff’s review of the four (4) proposals.
2) Reject all proposals. Staff does not recommend this option as this would delay
processing of the application.
FISCAL IMPACT
The base contract amount would be paid for by the applicant followed by payment of the
contingency budget if necessary. The applicant would also be responsible for paying a
$23,848 administrative fee and $23,848 project review fee, which are each equivalent to
15% of the base contract amount ($158,988). These additional fees help pay for City
staff time (e.g., project planner and City Attorney) to review the consultant’s work
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(multiple drafts) and coordinate all components associated with processing of the EIR
(e.g., public hearings, etc.).
NEXT STEPS
Upon Council’s approval, the contract will be executed, and Staff will work with the
consultant to complete the scope of work.
Attachments:
1. Circlepoint Proposal 22-RFP-CDD-474
2. Circlepoint Standard Agreement for Services
3. Scope of Work
4. Milestone Schedule
5. Budget
6. Circlepoint W-9 2022
7. Circlepoint Certificate of Insurance
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GILROY DATA CENTER
ENVIRONMENTAL
IMPACT REPORT
NO. 22-RFP-CDD-474
CITY OF GILROY
COMMUNITY DEVELOPMENT
DEPARTMENT
Proposal for
MAY 2, 2022
Submitted to
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Packet Pg. 105 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
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Cover Letter
May 2, 2022
Carina Baksa
Senior Management Analyst
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020-6197
Via email: carina.baksa@cityofgilroy.org
RE: Request for Proposals Gilroy Data Center Environmental Impact Report No. 22-RFP-CDD-474
Dear Ms. Baksa,
On behalf of the entire Circlepoint team, I am pleased to submit our proposal to prepare an Environmental
Impact Report (EIR) for the Gilroy Data Center (project) proposed by Amazon Data Services (the Applicant). As you
will see in Exhibit B of this proposal, we have prepared a thoughtful and tailored approach to help the City of
Gilroy (City) through this process in a timely fashion.
Based on the Request for Proposal (RFP) Letter provided by the City, Circlepoint understands that the City envisions
preparing an EIR that conservatively assesses the potential impacts of the project. While other less robust
environmental document options (such as an Initial Study/Mitigated Negative Declaration) may also be feasible,
Circlepoint agrees with the City’s preferred approach because an EIR will allow maximum public and agency
involvement and be more legally defensible in the event of a challenge. Circlepoint anticipates that the project will
face the greatest scrutiny surrounding impacts associated with water supply and demand, air quality and
greenhouse gas emissions, fire hazard from battery systems, increased VMT from project operation, and noise
introduced to the project site. Strong project management will be required to execute the preparation of a timely
and meticulous document that will withstand legal and public scrutiny with regards to these topics. This requires
experience and the right skills which Circlepoint possesses based on our extensive history working on data centers
in Santa Clara, San José, and Los Angeles.
Circlepoint understands that the Applicant has submitted a detailed project description that includes a “mitigation
incorporated into the project design” approach. This approach is common within the CEC’s SPPE process, but
presents legal concerns from a local agency CEQA perspective (such as Lotus v. Department of Transportation (223
Cal. App. 4th 645)). Circlepoint will work closely with the City to review the applicable standard conditions of
approval along with existing local, regional, state, and federal policies and best practices that could support the use
of some Applicant-provided measures as “project features.” Circlepoint will apply our robust understanding of
managing legal risk and applying current case law to ensure the EIR appropriately identifies environmental impacts
and discloses necessary mitigation.
Thank you again for your consideration. We look forward to working with you and providing you with premier
environmental consulting services. Please feel free to contact me at (408) 715-1502 or a.metzger@circlepoint.com
if you have any questions in the meantime.
Sincerely,
Andrew Metzger
Project Manager
| 42 South First Street, Suite D, San José, CA 95113 | (408) 715-1515 | www.circlepoint.com
7.1.a
Packet Pg. 106 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
circlepoint 2
Qualifications
ENVIRONMENTAL TECHNICAL
PARTNERSHIPS/STRATEGY
• Biological Resources
• Cultural Resources
• Noise Assessments
• Air Quality
• Greenhouse Gases
• Transportation
• Hazardous Materials
• Hydrology & Water Quality
QUALIFICATIONS
FIRM PROFILE
Since 1987, Circlepoint has been a guiding force in helping our clients address complex issues and strengthen
communities. Through our Environmental and Communications practice areas, we provide a dynamic
combination of strategic advice and focused service. Based in Oakland with offices in San José and Orange,
Circlepoint is a privately held California corporation and certified Small Business Enterprise (SBE). Each
member of Circlepoint’s team is highly skilled in their field and dedicated to creating innovative solutions to
complex issues and building a better future for communities. From project planning and environmental review
to final design and construction, Circlepoint provides the full circle of resources clients need to successfully
reach their goals.
Circlepoint’s environmental practice is molded on an integrated approach to public and private planning
projects—environmental evaluation, design, and community outreach. We work closely with planning and design
teams to identify environmental constraints early on, focus environmental documents on the important issues,
and effectively involve stakeholders to build the support essential to bringing projects to fruition. We work with
our clients, ensuring that we are providing a document that captures the correct components that will pave the
way for success during and after the entitlement process.
CEQA/NEPA
DOCUMENTATION
• Environmental Impact Reports
• Environmental Impact Statements
• Initial Studies
• Environmental Assessments
• FONSI
• Mitigated Negative Declarations
• Categorical Exclusions
• Categorical Exemptions
ENVIRONMENTAL
ANALYSIS
• Constraints Analysis
• Visual Impact Assessments
• Community Impact
Assessments/
Environmental Justice
• Section 4(f) Evaluation
• Utilities/Public Services
• Interagency Coordination
Circlepoint has provided similar services for the following jurisdictions
City of San José City of Santa Clara City of Los Angeles
7.1.a
Packet Pg. 107 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
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Qualifications
RELEVANT EXPERIENCE
2600 DE LA CRUZ DATA CENTER SPPE, SANTA CLARA
Project Overview
The project involved development of a new data center in the City of Santa
Clara, near the San Jose Airport. Circlepoint lead the preparation of the Small
Powerplant Exemption (SPPE) application to the California Energy
Commission, including oversight and management of all supporting technical
studies. Brianna Bohonok, Circlepoint’s managing Principal on the project,
represented Circlepoint and the applicant team at all relevant CEC meetings
and hearings, including preparation of materials for evidentiary hearings.
Circlepoint managed the preparation of data request responses received from
the CEC and supported the project’s overall success in gaining a SPPE.
Key Accomplishments
Key pieces of this work included guiding the applicant through the SPPE
process, providing strategic advice as necessary to successfully navigate
hurdles and manage risk. Circlepoint also responded to comments from a
wide array of stakeholders including the California Air Resources Board,
Bay Area Air Quality Management District, and Department of Toxic
Substances Control.
Client
C1-Santa Clara LLC
Location
Santa Clara, CA
Services
SPPE (IS/MND)
Circlepoint Budget
$150,000
Schedule
2018–2021
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Qualifications
CORESITE DATA CENTER SV9, SANTA CLARA
Project Overview
The 3.84-acre project site is currently developed with a one-story, 15,232
square foot building and parking lot, and is zoned for planned development.
The site is also designated light industrial in the City of Santa Clara 2010-2035
General Plan.
As part of the project, the existing single-story building and associated parking
lot would be replaced with a new, four-story, 240,000 square foot data center
and parking area(s).
Key Accomplishments
Circlepoint coordinated with City staff and the project applicant on
background information and data needs, refined the City’s proposed CEQA
approach, and prepared the administrative draft Initial Study (IS) /
Mitigated Negative Declaration (MND) in accordance with the most recent
CEQA Guidelines.
Following the close of the public review period, Circlepoint reviewed all
comments received on the IS/proposed MND and worked with City to
provide thoughtful and informative responses. Circlepoint then prepared
the final MND and Mitigation, Monitoring, and Reporting Program (MMRP).
Client
CoreSite
Location
Santa Clara, CA
Services
IS/MND
Circlepoint Budget
$69,200
Schedule
2019–2022
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Qualifications
CORESITE DATA CENTER LA3, LOS ANGELES
Project Overview
Circlepoint completed CEQA documentation for a new data center and
parking structure in the historic Chinatown area of Los Angeles. The project
included working closely with the City and applicant to scope the appropriate
type of CEQA analysis, including preliminary air quality and GHG emissions
technical studies. After completion of an initial study using the CEQA
Guidelines Appendix G checklist, Circlepoint prepared an addendum to the
Alameda District Specific Plan EIR.
Key Accomplishments
Key pieces of this work included historic resources analysis; the project
site includes a structure listed in the National Register of Historic Places.
Circlepoint worked in close coordination with the City and applicant’s
design team to minimize and avoid impacts to the historic Post Office
Terminal Annex. Implementation of the project would require the addition
of new exterior structures to the historic structure, installation of new
walkways and landscaping, and the reopening of a historic-period entrance
and window. The final project design was evaluated in a historic
conformance review, prepared by Jenna Snow Historical Preservation
Consulting. The report evaluated the project’s conformance with the
Secretary of Interior Standards for the Treatment of Historical Properties
and determined no significant impacts would occur.
Client
CoreSite
Location
Los Angeles, CA
Services
CEQA Initial Study and
Addendum for Environmental
Documentation
Circlepoint Budget
$74,000
Schedule
2017
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Key Team Member Summary
KEY TEAM MEMBER SUMMARY
BRIANNA BOHONOK, AICP
PRINCIPAL
Brianna brings considerable experience as both a CEQA practitioner and
land use planner to Circlepoint. She has managed CEQA and NEPA
documents for projects across the State, including transit-oriented and
mixed-use development, specific plans, highway/roadway projects, transit
line extensions, and data centers. Her diverse experience allows her to be
particularly effective in strategizing with clients about the most efficient
and defensible approach to environmental review. She offers her clients
flexible and thoughtful strategies based on the latest legislation, case law,
emerging trends, and best practices. She is passionate about collaborating
on each project to bring forward a smooth, efficient, and successful
environmental process.
SELECTED EXPERIENCE
Principal, 2600 De La Cruz Data Center SPPE, City of Santa
Clara
The project involved development of a new data center in the City of Santa
Clara, near the San Jose Airport. Circlepoint lead the preparation of the
Small Powerplant Exemption (SPPE) application to the California Energy
Commission, including oversight and management of all supporting
technical studies. Brianna represented Circlepoint and the applicant team
at all relevant CEC meetings and hearings, including preparation of
materials for evidentiary hearings. Circlepoint managed the preparation of
data request responses received from the CEC and supported the project’s
overall success in gaining a SPPE.
Project Manager, CoreSite Data Center SV9, Santa Clara
Circlepoint coordinated with City staff and the project applicant on
background information and data needs, refined the City’s proposed CEQA
approach, and prepared the administrative draft Initial Study (IS) /
Mitigated Negative Declaration (MND) in accordance with the most recent
CEQA Guidelines. Following the close of the public review period,
Circlepoint reviewed all comments received on the IS/proposed MND and
worked with City to provide thoughtful and informative responses.
Circlepoint then prepared the final MND and Mitigation, Monitoring, and
Reporting Program (MMRP). Brianna oversaw preparation of technical
analysis and the environmental documents and coordinated regularly with
the project applicant and City.
Principal, 1150 Walsh Avenue SV1 Data Center Initial
Study/Mitigated Negative Declaration, City of Santa Clara
Circlepoint led the Initial Study/Mitigated Negative Declaration for this
data center project located near the Norman Y. Mineta San Jose
International Airport. Though the City is home to many similar data
Years of Experience
9
Education
Master of Urban Planning and
Policy, University of Illinois at
Chicago
B.S., Architecture, Philadelphia
University
Expertise
Project Management
Environmental Policy
CEQA and NEPA
Documentation
Case Law
Land Use Planning and
Entitlements
Certifications
American Institute of Certified
Planners
Affiliations
Member, Association of
Environmental Professionals
Member, American Planning
Association
Member, SPUR
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Key Team Member Summary
centers, this project is the first that would be completed after 2020, which is the horizon year for Santa Clara’s
current Climate Action Plan. Brianna oversaw the Circlepoint team and preparation of the technical analysis.
Project Manager, CoreSite SV8 Data Center IS/MND, City of Santa Clara
Circlepoint lead the preparation of an Initial Study with Mitigated Negative Declaration for a new data center in a
rapidly developing area of Santa Clara. The project vicinity includes several other data centers which are not part
of a specific or master planned development. Given the project context, Circlepoint worked closely with the client
and City to develop a CEQA approach that adequately evaluates cumulative air quality and noise impacts where
appropriate. Key pieces of this work included utility demand analysis, working with the project applicant to weigh
the benefits of various energy conservation measures, and noise impact analysis. Brianna led the preparation of
the checklist and analysis of key topics.
Project Manager, SV7 3032 Coronado Drive CoreSite Data Center Project, City of Santa
Clara
Circlepoint completed an addendum to the CoreSite SV7 IS/MND, which was approved in 2014. The SV7 data
center is near the proposed SV8 data center and other existing CoreSite data centers. Since project approval in
2014, Circlepoint has prepared three addenda for this project. The third addendum addressed the addition of ten
new backup generators at the project site. Circlepoint worked closely with the City in developing an approach for
the addendum, evaluating the project’s relationship to current and past CoreSite projects in the area. Brianna led
the preparation of the checklist and analysis of key topics.
Project Manager, CoreSite LA3 Data Center Initial Study and Addendum, City of Los
Angeles
Circlepoint led the preparation of CEQA documentation for a new data center and parking structure in the
historic Chinatown area of Los Angeles. The project included working closely with the client and City to scope the
appropriate type of CEQA analysis, including preliminary air quality and GHG emissions technical studies. As
project manager, Brianna led the completion of an addendum to the Alameda District Specific Plan EIR, using the
CEQA Guidelines Appendix G checklist. Key pieces of this work included utility demand analysis and historic
resources analysis; the project site includes a structure listed in the National Register of Historic Places.
Project Manager, Lawrence Station Area Plan: 2904 Corvin Drive Residential
Development, City of Santa Clara
Circlepoint worked with the City of Santa Clara and Allied Housing to provide environmental clearance for a new
affordable housing development in the Lawrence Station Area Plan (LSAP) area. The LSAP environmental impact
report (EIR) was prepared by Circlepoint as the lead environmental consultant in 2016 and evaluated the project
site at a program level as a part of the LSAP Future Development area. Circlepoint worked on preparing an
environmental compliance checklist under CEQA and an environmental assessment under NEPA. Brianna
oversaw preparation of technical analysis and the environmental documents and coordinated regularly with the
project applicant and City.
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Key Team Member Summary
Years of Experience
6
Education
B.S., Environmental Science,
Santa Clara University
Expertise
CEQA and NEPA
Documentation
Interdisciplinary
Communication and
Coordination
Project Management
Research and Analytical
Writing
Report Preparation
Client and Customer Service
ANDREW METZGER
PROJECT MANAGER
Andrew approaches each project from an interdisciplinary perspective
fostered by a diverse background including both scientific and artistic
training. He is most interested in placemaking and the potential for
development to strengthen local communities. An accomplished writer,
Andrew enjoys the challenge of synthesizing information from a wide
range of technical experts into straightforward and coherent
environmental documents.
SELECTED EXPERIENCE
Deputy Project Manager, 1150 Walsh Avenue SV1 Data
Center Initial Study/Mitigated Negative Declaration, City
of Santa Clara
Andrew led the writing of an Initial Study/Mitigated Negative Declaration
for this data center project located near the Norman Y. Mineta San Jose
International Airport. Though the City is home to many similar data
centers, this project is the first that would be completed after 2020, which
is the horizon year for Santa Clara’s current Climate Action Plan. Andrew
coordinated with both the City and the technical leads in order to
surmount the challenges that this posed for the greenhouse gas analysis.
Project Manager, Diridon Station Area Plan Amendment
- Environmental Review, City of San José
The City of San José proposes to amend the Diridon Station Area Plan in
response to several factors including the arrival of the Downtown West
(Google) project, which proposes an altered vision for approximately 84
acres of the original Diridon Station Area Plan area. Andrew played a
critical role in synthesizing the complex array of land use changes,
development capacity increases, and transportation network adjustments
into a clear and concise project description. Given the interplay between
Diridon Station Area Plan, San José’s Downtown Strategy 2040 (2018), and
the Google Project, Andrew coordinated closely with the City to carry out a
unique environmental strategy that factors in all of these moving parts.
Additionally, Andrew worked with Air Quality, Transportation, Cultural
Resources, and Noise specialists to prepare technical studies to support
the environmental document.
Senior Associate Planner, Ball Estates Environmental
Impact Report, Contra Costa County
Located in the unincorporated Alamo community, this project proposed to
subdivide a 60.5-acre site into 35 residential lots and 40 acres of
undeveloped, protected open space. Neighboring residents raised
concerns related to inadequate site drainage, construction-period noise,
and potential contamination associated with previous agricultural
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Key Team Member Summary
operations. Circlepoint evaluated these issues in an Environmental Impact Report that was certified by the Contra
Costa County Planning Commission in August 2019. Andrew was involved in every aspect of EIR development,
drafting resource sections, coordinating publication and public review, responding to community comments, and
preparing the Final Environmental Impact Report for County Certification.
Associate Planner, Moonlite Lanes Apartments Project Initial Study, City of Santa Clara
The project will redevelop the existing AMC Moonlite Lanes Bowling Alley into a new apartment complex
comprising 158 dwelling units. The project also includes the construction of a six-level parking structure, with one
level below grade, and 268 parking spaces. For the project permit to be approved, a General Plan Amendment to
change the site’s designation and zoning, as well as a General Plan Discretionary Approval were warranted.
Following public circulation, Andrew led the effort to respond to public comments and prepared the final
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.
Project Manager, 1214 Donnelly Avenue Initial Study/Mitigated Negative Declaration,
City of Burlingame
The applicant proposes to replace a mostly vacant lot created by a 2013 fire with a mixed-use development
including 14 residential units and approximately 5,000 square feet of ground-floor commercial retail space. As the
Project Manager, Andrew facilitated preparation of the document and coordinated with Air Quality, Noise, and
Transportation specialists to prepare supporting technical documentation. Andrew guided the City through new
transmittal and public circulation processes necessitated by COVID-19. He also attended Planning Commission
and City Council meetings to respond to comments on the environmental document. The project and Initial
Study/Mitigated Negative Declaration were unanimously approved by Burlingame City Council in September
2020.
Deputy Project Manager, 920 Bayswater Avenue Initial Study/Mitigated Negative
Declaration, City of Burlingame
This housing project will introduce 128 new apartment units into downtown Burlingame, with 10 percent of the
units designated as affordable housing. As the Deputy Project Manager, Andrew oversaw the Initial Study/
Mitigated Negative Declaration from start to finish and served as the lead author.
Deputy Project Manager, 1095 Rollins Road Apartments Project Initial Study/Mitigated
Negative Declaration, City of Burlingame
This housing project will introduce 150 new apartment units just outside of downtown Burlingame, with 15 units
affordable for moderate income households. In addition to orchestrating the Initial Study/Mitigated Negative
Declaration, Andrew continues to work with the City to address unique challenges such as the recent adoption of
a new general plan and the project’s proximity to a major highway.
Associate Planner, Burlingame 85 California Drive Initial Study/Mitigated Negative
Declaration, City of Burlingame
The City of Burlingame received an application to demolish an existing automobile service facility and construct a
new, larger automobile service facility for an existing Subaru automobile dealership within the Burlingame
Downtown Specific Plan area. Andrew wrote many of the Initial Study sections and headed the production and
publication processes for the completed document.
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Key Team Member Summary
Years of Experience
3
Education
B.S., Environmental Policy,
Planning, and Analysis,
University of California, Davis
B.A., Communications,
University of California, Davis
Expertise
Environmental Policy and
Planning
Proficiency in ArcGIS
Strong written and verbal
communications skills
Affiliations
Member, San Francisco Bay
Area Planning and Urban
Research Association (SPUR)
Member, Silicon Valley Bicycle
Coalition
JULIET MARTIN
SENIOR ASSOCIATE PLANNER
Juliet approaches each project with attention to detail and passion for the
environment. She specializes in preparing CEQA and NEPA documents with a
special interest in coordinating permitting as it pertains to biological resources
with state and federal agencies. She serves as a deputy project manager on
many of her projects and helps to organize large teams to meet aggressive
deadlines on high profiles projects, such as California High-Speed Rail. With
degrees in Environmental Policy and Communications, Juliet provides valuable
insight to both the Environmental and Communications teams on a variety of
projects in the land use and transportation market sectors.
SELECTED EXPERIENCE
Associate Planner, Ball Estates EIR, Contra Costa County
Located in the unincorporated Alamo community, this project proposed to
subdivide a 60.5-acre site into 35 residential lots and 40 acres of
undeveloped, protected open space. Neighboring residents raised concerns
related to inadequate site drainage, construction-period noise, and potential
contaminants associated with previous agricultural operations. Circlepoint
evaluated these issues in an EIR that was certified by the Contra Costa
County Planning Commission in August 2019. Juliet responded to public
comments received on the draft EIR and produced the Final EIR.
Deputy Project Manager, Hyatt House Hotel EIR, City of
Half Moon Bay
The City of Half Moon Bay is considering the development of a three-story,
147-room hotel within the Downtown Neighborhood of the City of Half
Moon Bay. Circlepoint is currently preparing the EIR for the project. Key
environmental topics include potential impacts to scenic resources,
existing wetlands, noise, and traffic. Juliet is helping produce the EIR for
the project by coordinating with the City of Half Moon Bay and the
project’s technical subconsultants to assess project needs. She has
ownership in the research and writing of several of the resource sections.
Associate Planner, 335 South Winchester IS/MND, Urban
Village, City of San José
The 30,914 square-foot project site is located within the Santana Row/
Valley Fair (SRVF) Urban Village Plan area within a developed area and is
designated Mixed Use Commercial. The project applicant is proposing to
replace the existing building on site with a four-story commercial
development with office and/or retail. Circlepoint is preparing technical
reports including an air, noise, biological, and traffic analysis to support
the exemption of the project for a Class 32 categorical exemption (CE)
under CEQA Guidelines 15332. Juliet was responsible for research and
writing several of the resource sections.
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References
REFERENCES
GLORIA SCIARA
Development Review Officer
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
(408) 615-2453
gsciara@santaclaraca.gov
DR. ROBERT K. MANFORD
Deputy Director - Planning
City of San José
Department of Planning
Building and Code Enforcement
200 E. Santa Clara St. 3rd Floor
San José, CA 95113
(408) 535-7900
robert.manford@sanjoseca.gov
KEVIN GARDINER
Planning Manager
City of Burlingame
501 Primrose Avenue
Burlingame, CA 94010
(650) 558-7253
kgardiner@burlingame.org
“I just wanted to take a moment to thank you (Andrew Metzger)
and your team for your professional work on the 1214 Donnelly
Avenue Project. Our meetings with the Planning Commission and
City Council went extremely smooth, with no questions for
Circlepoint, which my in my opinion shows that the document
was meaningful and well-prepared. I especially appreciate that
in light of how busy we are, Circlepoint provided prompt
responses to our requests, communicated well with the City, and
was always aware of budget and schedule.”
–Ruben Hurin, Planning Manager
City of Burlingame
(650) 558-7256
rhurin@burlingame.org
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Exhibit B—Scope of Work
EXHIBIT B—SCOPE OF WORK
Thank you for this exciting opportunity to work with the City of Gilroy (City). We are pleased to provide this
proposal, which outlines Circlepoint’s approach to preparing an Environmental Impact Report (EIR) for the Gilroy
Data Center (project) proposed by Amazon Data Services (the Applicant).
PROJECT UNDERSTANDING
Circlepoint understands that the project will consist of the following components to be constructed in two
phases:
• Two data center buildings and one security building totaling approximately 438,500 square feet;
• Backup generating facilities to provide electricity to critical data center operations in the event of a loss of
utility power;
• Two battery energy storage systems;
• A new substation/switchyard and a double circuit transmission upgrade;
• A new recycled water pipeline;
• Ancillary utility infrastructure for connection to existing stormwater and potable water pipelines;
• Security fencing;
• General Site Grading, Stormwater and Landscaping.
Phase I will be a traditional data center set up, requiring the use of diesel-powered backup generators. Circlepoint
understands that the Applicant is committed to Tier-4 compliant backup generators, as required by the Bay Area
Air Quality Management District (BAAQMD). Phase II will utilize an emerging technology to provide backup energy
in the event of a power failure. Given that Phase I will have a maximum electrical demand of 49 MW and Phase II
would leverage an alternative energy supply instead of diesel generators, the California Energy Commission (CEC)
would not have jurisdiction over the project. Therefore, the project is not required to seek a Small Power Plant
Exemption (SPPE) from CEC’s jurisdiction, and the project can follow the normal CEQA clearance process at the
local level.
The project will require water for cooling when outside air temperatures exceed 83 degrees F. The data center
will be designed to use recycled water provided by the City of Gilroy, once available, and a potable water
connection will serve as a back-up source to the recycled water supply. Given the level of water demand required
for the project, both potable and recycled, it is critical that the availability of water resources to meet project
demand is adequately analyzed.
The project site’s former use for agricultural production indicates that vehicle miles traveled (VMT) generated
from construction and operations of the project would be considered net new to the project site. The project is
expected to include 25 employees to operate the data center and 37 employees to assemble the data equipment.
Circlepoint will use the peer-reviewed VMT analysis to carefully consider impacts.
APPROACH
Our approach focuses on working collaboratively with City staff, the Applicant, and other stakeholders. This
collaborative approach can streamline the environmental process by ensuring an efficient response to changes in
the project and allowing us to address significant issues early. We also focus on making the environmental review
process and environmental document as clear and straightforward as possible, so the general public and
agencies understand the process, analysis, and issues being addressed.
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Exhibit B—Scope of Work
Based on the Request for Proposal (RFP) Letter provided by the City, Circlepoint understands that the City
envisions preparing an Environmental Impact Report (EIR) that conservatively assesses the potential impacts of
the project. While other less robust environmental document options (such as an Initial Study/Mitigated Negative
Declaration) may also be feasible, Circlepoint agrees with the City’s preferred approach because an EIR will allow
maximum public and agency involvement and be more legally defensible in the event of a challenge. Circlepoint
anticipates that the project will face the greatest scrutiny surrounding impacts associated with water supply and
demand, air quality and greenhouse gas emissions, fire hazard from battery systems, increased VMT from project
operation, and noise introduced to the project site. Strong project management will be required to execute the
preparation of a timely and meticulous document that will withstand legal and public scrutiny with regards to
these topics. This requires experience and the right skills which Circlepoint possesses based on our extensive
history working on data centers in Santa Clara, San José, and Los Angeles.
For resource topics where impacts that are not considered potentially significant, Circlepoint would identify
opportunities for environmental streamlining. The EIR could address topics such as Mineral Resources,
Recreation, and Population/Housing by briefly indicating the reasons that various possible significant effects of a
project were determined not to be significant and were therefore not discussed in detail in the EIR, pursuant to
the CEQA Guidelines Section 15128.
Circlepoint understands the Applicant has submitted a detailed project description that includes a “mitigation
incorporated into the project design” approach. This approach is common within the CEC’s SPPE process, but
presents legal concerns from a local agency CEQA perspective (such as Lotus v. Department of Transportation
(223 Cal. App. 4th 645)). Circlepoint will work closely with the City to review the applicable standard conditions of
approval along with existing local, regional, state, and federal policies and best practices that could support the
use of some Applicant-provided measures as “project features.” Circlepoint will apply our robust understanding
of managing legal risk and applying current case law to ensure the EIR appropriately identifies environmental
impacts and discloses necessary mitigation.
QUALITY ASSURANCE/QUALITY CONTROL PROCESS
Circlepoint’s quality assurance/quality control (QA/QC) process ensures the continuing integrity and quality of all
services and deliverables. Our QA/QC process includes senior review responsibilities for both the Project
Manager and the Principal-in-Charge. The Project Manager directs and reviews project team work on deliverables
and work products. The Principal-in-Charge then reviews and approves interim and final work products. Finally, a
proofreader completes a final review, following specific directives to verify and assure quality printed work
products before a work product is delivered to a client or printer. The following table summarizes the
management structure that Circlepoint uses to ensure the quality of every document we produce.
ROLE RESPONSIBILITIES
Principal-in-Charge • Overall quality control and quality assurance of all work products
Project Manager • Primary client contact
• Oversees document preparation and coordination with technical subconsultants
• Provides intermediate QA review and technical editing prior to PIC review
Senior Associate • Secondary client contact, often acting in a Deputy Project Manager capacity
• Coordinates information requests, delivery schedules, and day-to-day
communication with technical consultant
• Lead reviewer and proofreader for most documents
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Exhibit B—Scope of Work
ROLE RESPONSIBILITIES
Associate / Assistant • Authorship of individual document sections
• Research for document sections not covered by a technical report
• Technical editing / formatting / production of all work products
Coordinator / Graphics • Preparation of graphics and maps
WORK PLAN
TASK 1: KICKOFF AND MEETINGS
Circlepoint will participate in one (1) kickoff meeting with the City to introduce team members, discuss initial data
requests, and develop the project schedule. Circlepoint will confirm the scope of environmental analysis and
methodologies with the City at the kickoff meeting and submit a comprehensive data request. Circlepoint
anticipates attendance at the following meetings:
• Kickoff meeting
• Twenty four (24) Bi-weekly Check In Meetings with City (Based on anticipated project schedule)
• Up to five (5) Planning Commission/City Council Meetings
TASK 2: SCOPING MEETING AND NOTICE OF PREPARATION
Circlepoint will prepare a Notice of Preparation (NOP) to inform the public and applicable stakeholders that
environmental documentation is being prepared for the project. Consistent with Section 15082 of the CEQA
Guidelines, the NOP materials shall include a description of the project, the location of the project, and probable
environmental effects of the project. The NOP is anticipated to screen out some environmental topics where no
impacts are anticipated, such as mineral and forestry resources. Following distribution of the NOP, Circlepoint will
work closely with the City to facilitate a Public Scoping Meeting and provide recommendations in meeting
materials and presentation and in developing meeting notifications. Circlepoint will record comments received in
response to the Public Scoping Meeting and the NOP and strategize with the City on incorporating these “known
issues” into the EIR.
TASK 3: PROJECT DESCRIPTION
Circlepoint will prepare and submit a project description for City review and approval. Circlepoint will build upon
the project description prepared by the Applicant and ensure it meets the requirements of CEQA Guidelines
Section 15124. Circlepoint anticipates that the existing project description contains the majority of information
needed for CEQA analysis. Circlepoint will revise the project description in response to one round of comments
from the City. Circlepoint will utilize the following background materials (to be provided by the City/Applicant) to
complete the project description:
• Preliminary geotechnical feasibility report
• Technical specifications for backup generators (including exhaust details), rooftop equipment, and cooling
systems
• Commissioning test details (duration, number of generators) and maintenance testing plan
• Average rack power rating and power usage efficiency
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Exhibit B—Scope of Work
• Utility “will-serve” letters for electrical and water utilities and/or supply assessments if required by the City or
utility provider
• Total anticipated power consumption (average, daily or annual)
• Total daily water demand ; can be prorated from annual demand
• Sanitary sewer capacity study, if required by City
• Arborist report, if required by City
• Construction assumptions, including duration, phasing, construction start and end months, and review of
construction equipment list
Key Deliverable: Project Description
TASK 4: PROJECT MANAGEMENT
Circlepoint will provide ongoing project management throughout the environmental review process including
coordination with subconsultants, City staff, and outside regulatory agencies as applicable. Circlepoint will
maintain a project schedule and provide regular updates to the City. Circlepoint will also prepare monthly
progress reports to accompany monthly invoices containing the following information: the beginning and ending
dates of the billing period; budget summary including budget spent to date and budget remaining; and a Task
Summary for each work task, containing the name of the person doing the work, the hours spent by each person,
and a brief description of the work.
TASK 5: TECHNICAL STUDIES
Based on the background materials provided with the City’s RFP, Circlepoint understands that the Applicant has
provided several background documents for consideration including aesthetics, biological resources, cultural
resources, geology and soils, land use, mineral resources, public services, recreation, hazardous materials,
transportation, tribal resources, utilities, and wildfire. Additionally, the following technical studies have been
prepared by the Applicant and/or City:
• Air Quality Impact Assessment
• Natural Resources Memorandum
• Archaeological Literature Search
• Geotechnical Desktop Review
• Geotechnical Considerations Report
• Phase I Environmental Site Assessment
• Phase II Environmental Site Assessment
• Environmental Noise & Vibration Assessment
• Environmental Noise & Vibration Assessment Addendum
• Transportation Attachments, VMT Analysis, including Peer Review of VMT Assessment
• California Energy Commission Tribal Outreach Letters
• City of Gilroy Assessment of Water Supply
• Arborist Report
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Exhibit B—Scope of Work
Circlepoint will conduct a gap analysis to ensure each of these technical studies provides the information
necessary to support and complete the EIR per CEQA guidelines. If additional technical analysis is required,
Circlepoint will coordinate with the City to strategize on the best course of action. Additional studies would
require an amendment to this scope and fee. We assume all reports listed above will be provided to Circlepoint in
a format acceptable for use in supporting a CEQA document and can be publicly circulated.
TASK 6: DRAFT EIR
Circlepoint will prepare a Draft EIR consistent with CEQA Guidelines Article 9. The Draft EIR will meet all City
standards for content and formatting.
Task 6.1: Administrative Draft EIR
The background materials provided with the City’s RFP Letter included CEQA-related documents which assess and
analyze project impacts for a number of resources. Circlepoint will rely upon the analysis already prepared to the
maximum extent feasible, expanding only where required for the purposes of CEQA sufficiency. Circlepoint will
prepare the setting, impacts, and mitigation discussions for each environmental topic area set forth in Appendix
G of the CEQA Guidelines. Circlepoint will prepare a summary of existing conditions, pertinent regulations, and a
description of the regional setting, placing special emphasis on any rare or unique environmental resources in
the project area. Circlepoint will review and reference relevant policies and regulations from the City’s General
Plan and Zoning Code, and other documents required for the analysis as applicable. The EIR will also include an
analysis of alternatives to the project, an assessment of cumulative impacts associated with the project, and a
description of comments received during the scoping period. Circlepoint assumes that up to three alternatives
will be evaluated in the EIR, including (for example) a reduced development alternative, a reduced backup electric
generation alternative, and/or a backup electric generation technology alternative. For the cumulative impacts
analysis, Circlepoint will use the City’s General Plan as a guide for reasonably foreseeable projects in the
surrounding area.
Circlepoint will prepare a draft mitigation monitoring and reporting program (MMRP) to be submitted with the
Administrative Draft EIR for City review. The draft MMRP will develop and present feasible mitigation for
significant impacts identified in the Administrative EIR, identify the responsible party for implementing and
monitoring each mitigation measure, and identify monitoring triggers and reporting frequency for each measure.
The Administrative Draft and MMRP will be provided in electronic formats to the City.
Key Deliverables: Administrative Draft EIR, draft MMRP
Task 6.2: Screencheck Draft EIR
Circlepoint will amend the Administrative Draft EIR based on up to two (2) rounds of review by City staff.
Circlepoint will then provide clean, compiled PDF and MS Word versions of the screencheck draft EIR to verify that
all requested changes have been made and all appendix materials, references and final graphics are acceptable.
Key Deliverables: Second Administrative Draft EIR, Screencheck Draft EIR.
Task 6.3: Public Draft EIR
Circlepoint will make final amendments to the Screencheck Draft EIR based on a single set of consolidated
comments and submit web-ready versions of the EIR and all associated appendices. Hardcopies of the EIR can
be provided on a time and materials basis, if requested by the City. Circlepoint will also prepare the combined
Notice of Availability/Release and a Notice of Completion in accordance with Section 15087 of the CEQA
Guidelines, and provide advice as needed to the City regarding distribution of the Draft EIR pursuant to CEQA
and City review procedures. Consistent with Section 15087, notice availability of the Draft EIR will be published
in a newspaper of general circulation in the affected are, posted on and off the site in the area where the
7.1.a
Packet Pg. 121 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
circlepoint 17
Exhibit B—Scope of Work
project is to be located, and mailed to the owners and occupants of property contiguous to the parcel or
parcels on which the project is located.
The Draft EIR will be circulated for a minimum of 45 days. While public hearings are not required as an element of
the CEQA process, they are encouraged to facilitate the public commenting process and address known issues of
the project. Circlepoint recommends that the City hold a public hearing during the circulation period given the
anticipated public controversy surrounding the project. This scope includes a public hearing as an optional task.
OPTIONAL TASK: Public Hearing
Key Deliverables: Draft EIR, NOA, NOC
TASK 7: FINAL EIR
Task 7.1: Response to Public Comments
Circlepoint will prepare written responses to comments on the Draft EIR following the public review period.
Circlepoint assumes the City will provide copies of all written comments. Should the City decide to advance with
the public hearing, which is included in this scope as an optional task, Circlepoint will assist the City in recording
written and verbal comments at the hearing. Circlepoint will compile all comments with alpha-numeric codings
and develop a list of major issues/concerns. Circlepoint will attend one (1) meeting with City staff following the
close of the comment period to discuss the best approach, which may include the use of master responses to
facilitate the response to similar or repeated comments. Comment responses will be incorporated to the Final EIR
for the City’s review.
Circlepoint hours listed in the proposed budget for responses to comments are an allowance. If an unusually
large volume of comments are received (over 15 distinct comment letters), Circlepoint will confer with the City to
determine an appropriate path forward. The scope and budget also assumes responses do not require
substantial additional research, analysis, or meetings with commenters.
Task 7.2: Final EIR
Circlepoint will prepare a Final EIR which includes responses to all public comments received during the
circulation period. Consistent with Section 15132 of the CEQA Guidelines, the Final EIR will comprise the following
elements:
• Project Description
• A Summary of the Environmental Process
• Identification of the Preferred Alternative
• Responses to Comments, including a list of persons, organizations, and public agencies commenting on the
draft EIR; the comments received, and the City’s responses to each comment
• An Erratum to address any necessary changes to the Draft EIR that may result from public comments
• Appendices (as needed)
Based on up to two (2) sets of consolidated comments from the City, Circlepoint will revise the responses to
comments document and will provide electronic copies of the final EIR to the City.
Key Deliverables: Response to Public Comments, Final EIR.
7.1.a
Packet Pg. 122 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
circlepoint 18
Exhibit B—Scope of Work
ASSUMPTIONS
The following assumptions apply to this project:
»Circlepoint anticipates responding to three (3) rounds of revisions from the City on the EIR including two (2)
administrative drafts and one (1) screencheck draft prior to publication.
»Comments on draft documents will be provided to Circlepoint electronically using Microsoft Word’s Track
Change feature and will be compiled into a single file. Any conflicting comments between City reviewing
staff will be resolved prior to forwarding to the consultants.
»All submittals will be conducted electronically (PDF and Microsoft Word versions). Electronic versions will
be provided in both word and pdf format. Additional hard copies and electronic versions can be provided
upon request by the City.
»Circlepoint assumes that all edits and revisions between the Draft and Final EIR would be minor in nature,
would not require any new technical studies, and would not introduce any new significant environmental
effects or substantial changes to previously identified mitigation. Should any such revisions be necessary,
the Draft EIR may need to be recirculated pursuant to CEQA Guidelines Section 15088.5.
»Circlepoint assumes the City will lead scheduling, securing the venue, and notification development and
distribution for the Public Scoping Meeting. Should the City request additional support in this task, this can
be addressed in coordination with the City and the preparation of a scope addendum.
7.1.a
Packet Pg. 123 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
circlepoint 19
Exhibit C—Milestone Schedule
EXHIBIT C—MILESTONE SCHEDULE
The Circlepoint team will initiate work on this project upon contract execution. Background research, site visits,
and reporting will commence immediately. The completion of the EIR process typically takes 10 to 12 months,
depending on the City’s review time.
MILESTONE ESTIMATED COMPLETION DATE
Kick Off Meeting and Submittal of Data Request Mid-to-Late June, 2022
Receipt of Requested Data Early July, 2022
Submittal of Draft Project Description Late July, 2022
City Comments on Draft Project Description Mid-to-Late August, 2022
Finalization of Project Description August/September, 2022
Technical Reports Gap Analysis September, 2022
NOP Preparation September/October, 2022
City Reviews NOP materials Early-To-Mid October, 2022
Scoping Meeting Early November, 2022
Compilation of NOP Comments to be included in EIR Late November, 2022
Submittal of Administrative Draft EIR December, 2022
City Provides Comments on Administrative Draft EIR
(4 weeks for first review)
January 2023
Submittal of Second Administrative Draft EIR January/February, 2023
City Provides Comments on Second Administrative Draft EIR
(3 week review)
February, 2023
Submittal of Screencheck Draft EIR March, 2023
Public Circulation of Draft EIR March, 2023
Public Meetings (Optional)April, 2023
Meeting with City to discuss Public Comments received May, 2023
Submittal of First Draft of Final EIR May, 2023
City Review Provides Comments on First Draft of Final EIR
(3 week review)
June, 2023
Submittal of Final EIR June/July, 2023
7.1.a
Packet Pg. 124 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
circlepoint 20
Exhibit D—Payment Schedule
EXHIBIT D—PAYMENT SCHEDULE
Circlepoint would complete the tasks described above for a not-to-exceed fee of $158,988.
Tasks Principal
Comms
Sr. PM PM Sr. Assoc Associate
Assistant /
Coordinator
Sr.
Web/Graphics
Rates 252$ 197$ 173$ 138$ 118$ 103$ 144$
Task 1 Kickoff, Project Description, and Meetings
1.1 Kick Off Meeting 2 - 4 4 - - 10 1,244.00$
1.2 Bi-Weekly Check In Meetings - - 24 24 - - - 48 7,464.00$
1.3 Planning Comissions/City Council Meetings 5 - 30 10 - - 45 6,570.00$
Subtotal Task 1 Kickoff, Project Description, and Mee 7 - 58 38 - - - 103 15,278.00$
Task 2 Public Scoping and NOP
2.1 Public Scoping Meeting 1 6 4 4 4 20 4 43 5,534.00$
2.2 NOP materials 1 8 8 10 10 - 37 5,520.00$
Subtotal Task 2 Public Scoping and NOP 1 8 8 10 10 - - 37 5,520.00$
Task 3 Project Description
3.1 Project Description 2 - 10 10 8 8 - 38 4,878.00$
Subtotal Task 3 Project Description 2 - 10 10 8 8 - 38 4,878.00$
Task 4 Project Management
4.1 Project Management and Coordination 20 20 80 20 - - - 140 20,540.00$
Subtotal Task 4 Project Management 20 20 80 20 - - - 140 20,540.00$
Task 5 Technical Studies
5.1 Gap Analysis 4 - 20 20 20 - 64 8,580.00$
Subtotal Task 5 Technical Studies 4 - 20 20 20 - - 64 8,580.00$
Task 6 Admin Draft EIR
6.1 Admin Draft EIR 10 - 40 80 110 110 - 350 42,270.00$
6.2 Screencheck Draft EIR 4 - 20 30 40 60 - 154 18,500.00$
6.3 Public Draft EIR 4 - 20 30 40 40 - 134 16,440.00$
Subtotal Task 6 Admin Draft EIR 18 - 80 140 190 210 - 638 77,210.00$
Task 7 Final EIR
7.1 Response to Public Comments and Final EIR 4 - 24 40 40 40 - 148 18,512.00$
7.2 Final EIR 4 10 20 20 20 74 8,910.00$
Subtotal Task 7 Final EIR 4 - 24 40 40 40 - 148 18,512.00$
Labor Subtotal 55 20 272 268 258 258 - 1,131 150,518.00$
Labor Contingency -$
Total Labor 150,518.00$
ODCs
Travel 500.00$
Scoping Meeting (Printing, Materials, Misc)1,000.00$
Notification Mailer (NOA)5,000.00$
Display Ad Placement 1,200.00$
Subtotal ODCs 7,700.00$
10.0% Mark-Up on ODCs 770.00$
Total ODCs 8,470.00$
TOTAL 158,988.00$
Optional Tasks
Public Hearing 8 12 20 4 6,288.00$
Assumptions
Rates are effective through December 31, 2022 and are subject to annual escalation
Please see scope of work for detailed assumptions
Total
Hours
Total
Dollars
5/2/2022 9:41 AM Page 1 of 1
7.1.a
Packet Pg. 125 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
For more information, please contact
Andrew Metzger, Project Manager
(408) 715-1502
a.metzger@circlepoint.com
42 South First Street, Suite D
San Jose, CA 95113
www.circlepoint.com
7.1.a
Packet Pg. 126 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 6th day of June, 2022, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: Circlepoint, having a principal place of business at 42 South First Street,
Suite D, San Jose, CA 95113.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on June 7, 2022 and will continue in effect through
December 30, 2023 unless terminated in accordance with the provisions of Article 7 of this
Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein. ______
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSU LTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S
employees, including, without limitation, disability or unemployment insurance, workers’
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific
Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in
Exhibit “C” (“Milestone Schedule”).
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above -
described services. CITY shall have no right to, and shall not, control the manner or determine
the method of accomplishing CONSULTANT’S services.
7.1.b
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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event
however shall the total compensation paid to CONSULTANT exceed $175,000 including a base
budget of $158,988 and a contingency budget of $16,012.
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment
will be made unless CONSULTANT has first provided City with a written receipt of in voice
describing the work performed and any approved direct expenses (as provided for in
Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any
portion of any invoice, CITY shall notify CONSULTANT of the objection wit hin thirty (30)
days from receipt of the invoice, give reasons for the objection, and pay that portion of the
invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not
to pay any invoiced amounts to which it has objected until the objection has been resolved by
mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be
7.1.b
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responsible for any expenses incurred by CONSULTANT in performing services for CITY,
except for those expenses constituting “direct expenses” referenced on Exhibit “A.”
ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services
under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase
or rent any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or
death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law,
CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be
unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents
and employees against any and all suits, damages, costs, fees, claims, demands, causes of action,
losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising
or resulting directly or indirectly from any willful or negligent acts, errors or omissions of
CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims
relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against
any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any
property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages
due to bodily injury, sickness or disease, or death to any person, and damage to property,
7.1.b
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including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions)
with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate;
provided however, Professional Liability Insurance written on a claims made basis must comply
with the requirements set forth below. Professional Liability Insurance written on a claims made
basis (including without limitation the initial policy obtained and all subsequent policies
purchased as renewals or replacements) must show the retroactive date, and the retroactive date
must be before the earlier of the effective date of the contract or the beginning of the contract
work. Claims made Professional Liability Insurance must be maintained, and written evidence
of insurance must be provided, for at least five (5) years after the completion of the contract
work. If claims made coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the earlier of the effective date of the
contract or the beginning of the contract work, CONSULTANT must purchase so called
“extended reporting” or “tail” coverage for a minimum of five (5) years after completion of
work, which must also show a retroactive date that is before the earlier of the effective date of
the contract or the beginning of the contract work. As a condition precedent to CITY’S
obligations under this Agreement, CONSULTANT shall furnish written evidence of such
coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive
Liability insurance policy referred to in (a) immediately above via a specific endorsement) and
requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in
policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its
sole and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying
all required state and federal taxes. Without limiting the foregoing, CONSULTANT
acknowledges and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT’S
payments;
• CITY will not make state or federal unemployment insurance contributions on
CONSULTANT’S behalf;
• CITY will not withhold state or federal income tax from payment to
CONSULTANT;
• CITY will not make disability insurance contributions on behalf of
CONSULTANT;
• CITY will not obtain workers’ compensation insurance on behalf of
CONSULTANT.
7.1.b
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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY
termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY’ receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated
upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any
of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONSULTANT’S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C” which have been fully, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT’S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
7.1.b
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any
and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope
of work as described in this Agreement, to the extent such costs and expenses exceed the
amounts CITY would have been obligated to pay CONSULTANT for the performance of that
task pursuant to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article
4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default
under this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this
Agreement if such default is not remedied by CITY within thirty (30) days after demand for such
payment is given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to
facilitate any the assumption of CONSULTANT’s duties by any new consultant hired by the
CITY to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all
applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current
form and as it may be amended from time to time. CONSULTANT shall also require such
compliance of all subcontractors performing work under this Agreement, subject to the
prohibition against assignment and subcontracting contained in Article 5 above. The
CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the
CITY OF GILROY, its officers, employees, agents and representatives from and against all suits,
claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees,
including without limitation reasonable attorneys’ fees, that may arise out of any violations of
the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or
representatives of either.
7.1.b
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C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce
or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
attorneys’ fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the
Agreement are for convenience only and shall not be considered nor referred to for resolving
questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed
in the work, or the materials used in the work, or which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the
provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or
subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for
goods or services to refrain from discriminatory employment or subcontracting practices on the
basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of
this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and
contains all the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
7.1.b
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt
requested. Mailed notices shall be addressed to the parties at the addresses appearing in
Exhibit “A”, Section V.H. but each party may change the address by written notice in
accordance with this paragraph. Notices delivered personally will be deemed delivered as of
actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be inval id, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of
performance under this Agreement shall not be construed as waiver(s) of any other condition of
performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
Circlepoint, Inc. CITY OF GILROY
By: By:
Name: Audrey Zagazeta Name: Jimmy Forbis
Title: President and CEO Title: City Administrator
Social Security or Taxpayer
Identification Number 94-3171809
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Approved as to Form ATTEST:
City Attorney City Clerk
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of
Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign Andrew Metzger, who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the
Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
“Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, Cindy
McCormick shall be the designated City contact person(s). Notice to Proceed shall be deemed to
have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided
in the Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance
with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final
Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT
may request this determination of completion when, in its opinion, it has completed all of the
Services as required by the terms of this Agreement and, if so requested, CITY shall make this
determination within two (2) weeks of such request, or if CITY determines that CONSULTANT
has not completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
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Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to
pay only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses
necessary to perform the Services, and its duties and obligations, expressed and implied,
contained herein, and CITY expressly relies upon CONSULTANT’S representations and
warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such
Services and duties in conformance to and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well-organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY’S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any
and all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all
charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at
the CITY’s offices within five (5) business days after CITY’s request.
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be di sclosed to
an entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally
known to the related industry (other than that which becomes generally known as the result of
CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under
this Agreement in any magazine, trade paper, newspaper or other medium without the express
written consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit
of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may
retain and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work,
whether or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but
not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
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H. NOTICES.
Notices are to be sent as follows:
CITY: Cindy McCormick
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Andrew Metzger
Circlepoint, Inc.
42 South First Street, Suite D
San Jose, CA 95113
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable
cost for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this
Agreement without liability or, at its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
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EXHIBIT “B”
SCOPE OF SERVICES
Attached
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EXHIBIT “C”
MILESTONE SCHEDULE
Attached
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EXHIBIT “D”
PAYMENT SCHEDULE
Attached
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Exhibit B—Scope of Work
EXHIBIT B—SCOPE OF WORK
Thank you for this exciting opportunity to work with the City of Gilroy (City). We are pleased to provide this
proposal, which outlines Circlepoint’s approach to preparing an Environmental Impact Report (EIR) for the Gilroy
Data Center (project) proposed by Amazon Data Services (the Applicant).
PROJECT UNDERSTANDING
Circlepoint understands that the project will consist of the following components to be constructed in two
phases:
• Two data center buildings and one security building totaling approximately 438,500 square feet;
• Backup generating facilities to provide electricity to critical data center operations in the event of a loss of
utility power;
• Two battery energy storage systems;
• A new substation/switchyard and a double circuit transmission upgrade;
• A new recycled water pipeline;
• Ancillary utility infrastructure for connection to existing stormwater and potable water pipelines;
• Security fencing;
• General Site Grading, Stormwater and Landscaping.
Phase I will be a traditional data center set up, requiring the use of diesel-powered backup generators. Circlepoint
understands that the Applicant is committed to Tier-4 compliant backup generators, as required by the Bay Area
Air Quality Management District (BAAQMD). Phase II will utilize an emerging technology to provide backup energy
in the event of a power failure. Given that Phase I will have a maximum electrical demand of 49 MW and Phase II
would leverage an alternative energy supply instead of diesel generators, the California Energy Commission (CEC)
would not have jurisdiction over the project. Therefore, the project is not required to seek a Small Power Plant
Exemption (SPPE) from CEC’s jurisdiction, and the project can follow the normal CEQA clearance process at the
local level.
The project will require water for cooling when outside air temperatures exceed 83 degrees F. The data center
will be designed to use recycled water provided by the City of Gilroy, once available, and a potable water
connection will serve as a back-up source to the recycled water supply. Given the level of water demand required
for the project, both potable and recycled, it is critical that the availability of water resources to meet project
demand is adequately analyzed.
The project site’s former use for agricultural production indicates that vehicle miles traveled (VMT) generated
from construction and operations of the project would be considered net new to the project site. The project is
expected to include 25 employees to operate the data center and 37 employees to assemble the data equipment.
Circlepoint will use the peer-reviewed VMT analysis to carefully consider impacts.
APPROACH
process and environmental document as clear and straightforward as possible, so the general public and
agencies understand the process, analysis, and issues being addressed.
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Exhibit B—Scope of Work
Based on the Request for Proposal (RFP) Letter provided by the City, Circlepoint understands that the City
envisions preparing an Environmental Impact Report (EIR) that conservatively assesses the potential impacts of
the project. While other less robust environmental document options (such as an Initial Study/Mitigated Negative
Declaration) may also be feasible, Circlepoint agrees with the City’s preferred approach because an EIR will allow
maximum public and agency involvement and be more legally defensible in the event of a challenge. Circlepoint
anticipates that the project will face the greatest scrutiny surrounding impacts associated with water supply and
operation, and noise introduced to the project site. Strong project management will be required to execute the
preparation of a timely and meticulous document that will withstand legal and public scrutiny with regards to
these topics. This requires experience and the right skills which Circlepoint possesses based on our extensive
history working on data centers in Santa Clara, San José, and Los Angeles.
opportunities for environmental streamlining. The EIR could address topics such as Mineral Resources,
the CEQA Guidelines Section 15128.
Circlepoint understands the Applicant has submitted a detailed project description that includes a “mitigation
incorporated into the project design” approach. This approach is common within the CEC’s SPPE process, but
presents legal concerns from a local agency CEQA perspective (such as Lotus v. Department of Transportation
(223 Cal. App. 4th 645)). Circlepoint will work closely with the City to review the applicable standard conditions of
approval along with existing local, regional, state, and federal policies and best practices that could support the
use of some Applicant-provided measures as “project features.” Circlepoint will apply our robust understanding
impacts and discloses necessary mitigation.
QUALITY ASSURANCE/QUALITY CONTROL PROCESS
Circlepoint’s quality assurance/quality control (QA/QC) process ensures the continuing integrity and quality of all
services and deliverables. Our QA/QC process includes senior review responsibilities for both the Project
Manager and the Principal-in-Charge. The Project Manager directs and reviews project team work on deliverables
products before a work product is delivered to a client or printer. The following table summarizes the
management structure that Circlepoint uses to ensure the quality of every document we produce.
ROLE RESPONSIBILITIES
Principal-in-Charge • Overall quality control and quality assurance of all work products
Project Manager • Primary client contact
• Oversees document preparation and coordination with technical subconsultants
• Provides intermediate QA review and technical editing prior to PIC review
Senior Associate • Secondary client contact, often acting in a Deputy Project Manager capacity
• Coordinates information requests, delivery schedules, and day-to-day
communication with technical consultant
• Lead reviewer and proofreader for most documents
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Exhibit B—Scope of Work
ROLE RESPONSIBILITIES
Associate / Assistant • Authorship of individual document sections
• Research for document sections not covered by a technical report
• Technical editing / formatting / production of all work products
Coordinator / Graphics • Preparation of graphics and maps
WORK PLAN
TASK 1: KICKOFF AND MEETINGS
anticipates attendance at the following meetings:
•
• Twenty four (24) Bi-weekly Check In Meetings with City (Based on anticipated project schedule)
•
TASK 2: SCOPING MEETING AND NOTICE OF PREPARATION
Circlepoint will prepare a Notice of Preparation (NOP) to inform the public and applicable stakeholders that
environmental documentation is being prepared for the project. Consistent with Section 15082 of the CEQA
Guidelines, the NOP materials shall include a description of the project, the location of the project, and probable
impacts are anticipated, such as mineral and forestry resources. Following distribution of the NOP, Circlepoint will
work closely with the City to facilitate a Public Scoping Meeting and provide recommendations in meeting
response to the Public Scoping Meeting and the NOP and strategize with the City on incorporating these “known
issues” into the EIR.
TASK 3: PROJECT DESCRIPTION
Circlepoint will prepare and submit a project description for City review and approval. Circlepoint will build upon
the project description prepared by the Applicant and ensure it meets the requirements of CEQA Guidelines
Section 15124. Circlepoint anticipates that the existing project description contains the majority of information
needed for CEQA analysis. Circlepoint will revise the project description in response to one round of comments
from the City. Circlepoint will utilize the following background materials (to be provided by the City/Applicant) to
complete the project description:
• Preliminary geotechnical feasibility report
•
systems
• Commissioning test details (duration, number of generators) and maintenance testing plan
•
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Exhibit B—Scope of Work
• Utility “will-serve” letters for electrical and water utilities and/or supply assessments if required by the City or
utility provider
• Total anticipated power consumption (average, daily or annual)
• Total daily water demand ; can be prorated from annual demand
• Sanitary sewer capacity study, if required by City
• Arborist report, if required by City
• Construction assumptions, including duration, phasing, construction start and end months, and review of
construction equipment list
Key Deliverable: Project Description
TASK 4: PROJECT MANAGEMENT
Circlepoint will provide ongoing project management throughout the environmental review process including
maintain a project schedule and provide regular updates to the City. Circlepoint will also prepare monthly
progress reports to accompany monthly invoices containing the following information: the beginning and ending
dates of the billing period; budget summary including budget spent to date and budget remaining; and a Task
Summary for each work task, containing the name of the person doing the work, the hours spent by each person,
and a brief description of the work.
TASK 5: TECHNICAL STUDIES
Based on the background materials provided with the City’s RFP, Circlepoint understands that the Applicant has
provided several background documents for consideration including aesthetics, biological resources, cultural
resources, geology and soils, land use, mineral resources, public services, recreation, hazardous materials,
prepared by the Applicant and/or City:
• Air Quality Impact Assessment
• Natural Resources Memorandum
• Archaeological Literature Search
• Geotechnical Desktop Review
• Geotechnical Considerations Report
• Phase I Environmental Site Assessment
• Phase II Environmental Site Assessment
• Environmental Noise & Vibration Assessment
• Environmental Noise & Vibration Assessment Addendum
• Transportation Attachments, VMT Analysis, including Peer Review of VMT Assessment
• California Energy Commission Tribal Outreach Letters
• City of Gilroy Assessment of Water Supply
• Arborist Report
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Exhibit B—Scope of Work
Circlepoint will conduct a gap analysis to ensure each of these technical studies provides the information
necessary to support and complete the EIR per CEQA guidelines. If additional technical analysis is required,
Circlepoint will coordinate with the City to strategize on the best course of action. Additional studies would
require an amendment to this scope and fee. We assume all reports listed above will be provided to Circlepoint in
a format acceptable for use in supporting a CEQA document and can be publicly circulated.
TASK 6: DRAFT EIR
Circlepoint will prepare a Draft EIR consistent with CEQA Guidelines Article 9. The Draft EIR will meet all City
standards for content and formatting.
Task 6.1: Administrative Draft EIR
The background materials provided with the City’s RFP Letter included CEQA-related documents which assess and
analyze project impacts for a number of resources. Circlepoint will rely upon the analysis already prepared to the
prepare the setting, impacts, and mitigation discussions for each environmental topic area set forth in Appendix
G of the CEQA Guidelines. Circlepoint will prepare a summary of existing conditions, pertinent regulations, and a
description of the regional setting, placing special emphasis on any rare or unique environmental resources in
the project area. Circlepoint will review and reference relevant policies and regulations from the City’s General
Plan and Zoning Code, and other documents required for the analysis as applicable. The EIR will also include an
analysis of alternatives to the project, an assessment of cumulative impacts associated with the project, and a
description of comments received during the scoping period. Circlepoint assumes that up to three alternatives
will be evaluated in the EIR, including (for example) a reduced development alternative, a reduced backup electric
generation alternative, and/or a backup electric generation technology alternative. For the cumulative impacts
analysis, Circlepoint will use the City’s General Plan as a guide for reasonably foreseeable projects in the
surrounding area.
Circlepoint will prepare a draft mitigation monitoring and reporting program (MMRP) to be submitted with the
Administrative Draft EIR for City review. The draft MMRP will develop and present feasible mitigation for
monitoring each mitigation measure, and identify monitoring triggers and reporting frequency for each measure.
The Administrative Draft and MMRP will be provided in electronic formats to the City.
Key Deliverables: Administrative Draft EIR, draft MMRP
Task 6.2: Screencheck Draft EIR
Circlepoint will then provide clean, compiled PDF and MS Word versions of the screencheck draft EIR to verify that
Key Deliverables: Second Administrative Draft EIR, Screencheck Draft EIR.
Task 6.3: Public Draft EIR
comments and submit web-ready versions of the EIR and all associated appendices. Hardcopies of the EIR can
be provided on a time and materials basis, if requested by the City. Circlepoint will also prepare the combined
Notice of Availability/Release and a Notice of Completion in accordance with Section 15087 of the CEQA
Guidelines, and provide advice as needed to the City regarding distribution of the Draft EIR pursuant to CEQA
and City review procedures. Consistent with Section 15087, notice availability of the Draft EIR will be published
7.1.c
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Exhibit B—Scope of Work
project is to be located, and mailed to the owners and occupants of property contiguous to the parcel or
parcels on which the project is located.
The Draft EIR will be circulated for a minimum of 45 days. While public hearings are not required as an element of
the CEQA process, they are encouraged to facilitate the public commenting process and address known issues of
the project. Circlepoint recommends that the City hold a public hearing during the circulation period given the
anticipated public controversy surrounding the project. This scope includes a public hearing as an optional task.
OPTIONAL TASK: Public Hearing
Key Deliverables: Draft EIR, NOA, NOC
TASK 7: FINAL EIR
Task 7.1: Response to Public Comments
Circlepoint will prepare written responses to comments on the Draft EIR following the public review period.
Circlepoint assumes the City will provide copies of all written comments. Should the City decide to advance with
the public hearing, which is included in this scope as an optional task, Circlepoint will assist the City in recording
written and verbal comments at the hearing. Circlepoint will compile all comments with alpha-numeric codings
close of the comment period to discuss the best approach, which may include the use of master responses to
facilitate the response to similar or repeated comments. Comment responses will be incorporated to the Final EIR
for the City’s review.
Circlepoint hours listed in the proposed budget for responses to comments are an allowance. If an unusually
large volume of comments are received (over 15 distinct comment letters), Circlepoint will confer with the City to
determine an appropriate path forward. The scope and budget also assumes responses do not require
substantial additional research, analysis, or meetings with commenters.
Task 7.2: Final EIR
Circlepoint will prepare a Final EIR which includes responses to all public comments received during the
circulation period. Consistent with Section 15132 of the CEQA Guidelines, the Final EIR will comprise the following
elements:
• Project Description
• A Summary of the Environmental Process
•
• Responses to Comments, including a list of persons, organizations, and public agencies commenting on the
draft EIR; the comments received, and the City’s responses to each comment
• An Erratum to address any necessary changes to the Draft EIR that may result from public comments
• Appendices (as needed)
Based on up to two (2) sets of consolidated comments from the City, Circlepoint will revise the responses to
Key Deliverables: Response to Public Comments, Final EIR.
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Exhibit B—Scope of Work
ASSUMPTIONS
The following assumptions apply to this project:
Circlepoint anticipates responding to three (3) rounds of revisions from the City on the EIR including two (2)
administrative drafts and one (1) screencheck draft prior to publication.
Comments on draft documents will be provided to Circlepoint electronically using Microsoft Word’s Track
All submittals will be conducted electronically (PDF and Microsoft Word versions). Electronic versions will
be provided in both word and pdf format. Additional hard copies and electronic versions can be provided
upon request by the City.
Circlepoint assumes that all edits and revisions between the Draft and Final EIR would be minor in nature,
the Draft EIR may need to be recirculated pursuant to CEQA Guidelines Section 15088.5.
distribution for the Public Scoping Meeting. Should the City request additional support in this task, this can
be addressed in coordination with the City and the preparation of a scope addendum.
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Exhibit C—Milestone Schedule
EXHIBIT C—MILESTONE SCHEDULE
The Circlepoint team will initiate work on this project upon contract execution. Background research, site visits,
and reporting will commence immediately. The completion of the EIR process typically takes 10 to 12 months,
depending on the City’s review time.
MILESTONE ESTIMATED COMPLETION DATE
Mid-to-Late June, 2022
Receipt of Requested Data Early July, 2022
Submittal of Draft Project Description Late July, 2022
City Comments on Draft Project Description Mid-to-Late August, 2022
Finalization of Project Description August/September, 2022
Technical Reports Gap Analysis September, 2022
NOP Preparation September/October, 2022
City Reviews NOP materials Early-To-Mid October, 2022
Scoping Meeting Early November, 2022
Compilation of NOP Comments to be included in EIR Late November, 2022
Submittal of Administrative Draft EIR December, 2022
City Provides Comments on Administrative Draft EIR January 2023
Submittal of Second Administrative Draft EIR January/February, 2023
City Provides Comments on Second Administrative Draft EIR
(3 week review)
February, 2023
Submittal of Screencheck Draft EIR March, 2023
Public Circulation of Draft EIR March, 2023
Public Meetings (Optional) April, 2023
Meeting with City to discuss Public Comments received May, 2023
Submittal of First Draft of Final EIR May, 2023
City Review Provides Comments on First Draft of Final EIR
(3 week review)
June, 2023
Submittal of Final EIR June/July, 2023
7.1.d
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Exhibit D—Payment Schedule
EXHIBIT D—PAYMENT SCHEDULE
Circlepoint would complete the tasks described above for a not-to-exceed fee of $158,988.
M5528 Gilroy AWS Data Center
Tasks Principal
Comms
Sr. PM PM Sr. Assoc Associate
Assistant /
Coordinator
Sr. Web/
Graphics
Rates 252$ 197$ 173$ 138$ 118$ 103$ 144$
Task 1 Kickoff, Project Description, and other Meetings
1.1 Kick Off Meeting 1 - 4 3 - - 8 1,244.00$
1.2 Bi-Weekly Check In Meetings - - 24 24 - - - 48 7,464.00$
1.3 Planning Comissions/City Council Meetings 4 - 27 6 - - 37 6,570.00$
Subtotal Task 1 Kickoff, Project Description, a 5 - 55 33 - - - 93 15,278.00$
Task 2 Public Scoping and NOP
2.1 Public Scoping Meeting 1 4 2 2 8 2 19 2,608.00$
2.2 NOP materials 1 6 7 8 - 20 2,912.00$
Subtotal Task 2 Public Scoping and NOP 1 - 6 7 8 - - 39 5,520.00$
Task 3 Project Description
3.1 Project Description 2 - 10 8 8 6 - 34 4,878.00$
Subtotal Task 3 Project Description 2 - 10 8 8 6 - 34 4,878.00$
Task 4 Project Management
4.1 Project Management and Coordination 8 18 72 18 - - - 116 20,540.00$
Subtotal Task 4 Project Management 8 18 72 18 - - - 116 20,540.00$
Task 5 Technical Studies
5.1 Gap Analysis 4 - 20 18 15 - 57 8,580.00$
Subtotal Task 5 Technical Studies 4 - 20 18 15 - - 57 8,580.00$
Task 6 Admin Draft EIR
6.1 Admin Draft EIR 10 - 40 85 92 100 - 327 42,270.00$
6.2 Screencheck Draft EIR 4 - 20 30 40 50 - 144 18,500.00$
6.3 Public Draft EIR 4 - 20 28 38 38 - 126 16,440.00$
Subtotal Task 6 Admin Draft EIR 18 - 80 142 170 188 - 597 77,210.00$
Task 7 Final EIR
7.1 Response to Public Comments and Final EIR 2 - 20 20 22 22 - 85 11,386.00$
7.2 Final EIR 4 10 12 12 14 52 7,126.00$
Subtotal Task 7 Final EIR 2 - 20 20 22 22 - 137 18,512.00$
Labor Subtotal 37 18 257 240 215 216 - 1,072 150,518.00$
Labor Contingency -$
Total Labor 150,518.00$
ODCs
Travel 500.00$
Scoping Meeting (Printing, Materials, Misc)1,000.00$
Notification Mailer (NOA)5,000.00$
Display Ad Placement 1,200.00$
-$
-$
-$
-$
Subtotal ODCs 7,700.00$
10.0% Mark-Up on ODCs 770.00$
Total ODCs 8,470.00$
TOTAL 158,988.00$
Assumptions
Rates are effective through December 31, 2022 and are subject to annual escalation
Please see scope of work for detailed assumptions
Total
Hours
Total
Dollars
Circlepoint Budget
7.1.e
Packet Pg. 151 Attachment: Budget (3812 : AWS Data Center EIR Award of Contract)
Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
▶Go to www.irs.gov/FormW9 for instructions and the latest information.
Give Form to the
requester. Do not
send to the IRS.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
Circlepoint, Inc
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the
following seven boxes.
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Exempt payee code (if any)
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶
Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check
LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is
another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see instructions) ▶
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions.
200 Webster Street, Suite 200
6 City, state, and ZIP code
Oakland, CA 94607
7 List account number(s) here (optional)
Requester’s name and address (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and
Number To Give the Requester for guidelines on whose number to enter.
Social security number
– –
or
Part II Certification
Under penalties of perjury, I certify that:
1.The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2.I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3.I am a U.S. citizen or other U.S. person (defined below); and
4.The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
•Form 1099-INT (interest earned or paid)
•Form 1099-DIV (dividends, including those from stocks or mutual
funds)
•Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
•Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
•Form 1099-S (proceeds from real estate transactions)
•Form 1099-K (merchant card and third party network transactions)
•Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
•Form 1099-C (canceled debt)
•Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X Form W-9 (Rev. 10-2018)
Sign
Here Signature of
U.S. person ▶Date ▶Print or type. See Specific Instructions on page 3. Employer identification number
9 4 – 3 1 7 1 8 0 9
2/4/2022
X
7.1.f
Packet Pg. 152 Attachment: Circlepoint W-9 2022 (3812 : AWS Data Center EIR Award of Contract)
Page 2 Form W-9 (Rev. 10-2018)
By signing the filled-out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a
number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable, you are also certifying that as a U.S. person, your
allocable share of any partnership income from a U.S. trade or business
is not subject to the withholding tax on foreign partners' share of
effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating
that you are exempt from the FATCA reporting, is correct. See What is
FATCA reporting, later, for further information.
Note: If you are a U.S. person and a requester gives you a form other
than Form W-9 to request your TIN, you must use the requester’s form if
it is substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien;
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States;
• An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a withholding
tax under section 1446 on any foreign partners’ share of effectively
connected taxable income from such business. Further, in certain cases
where a Form W-9 has not been received, the rules under section 1446
require a partnership to presume that a partner is a foreign person, and
pay the section 1446 withholding tax. Therefore, if you are a U.S. person
that is a partner in a partnership conducting a trade or business in the
United States, provide Form W-9 to the partnership to establish your
U.S. status and avoid section 1446 withholding on your share of
partnership income.
In the cases below, the following person must give Form W-9 to the
partnership for purposes of establishing its U.S. status and avoiding
withholding on its allocable share of net income from the partnership
conducting a trade or business in the United States.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner
of the disregarded entity and not the entity;
• In the case of a grantor trust with a U.S. grantor or other U.S. owner,
generally, the U.S. grantor or other U.S. owner of the grantor trust and
not the trust; and
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust
(other than a grantor trust) and not the beneficiaries of the trust.
Foreign person. If you are a foreign person or the U.S. branch of a
foreign bank that has elected to be treated as a U.S. person, do not use
Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see
Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign
Entities).
Nonresident alien who becomes a resident alien. Generally, only a
nonresident alien individual may use the terms of a tax treaty to reduce
or eliminate U.S. tax on certain types of income. However, most tax
treaties contain a provision known as a “saving clause.” Exceptions
specified in the saving clause may permit an exemption from tax to
continue for certain types of income even after the payee has otherwise
become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception
contained in the saving clause of a tax treaty to claim an exemption
from U.S. tax on certain types of income, you must attach a statement
to Form W-9 that specifies the following five items.
1. The treaty country. Generally, this must be the same treaty under
which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the
saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption
from tax.
5. Sufficient facts to justify the exemption from tax under the terms of
the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an
exemption from tax for scholarship income received by a Chinese
student temporarily present in the United States. Under U.S. law, this
student will become a resident alien for tax purposes if his or her stay in
the United States exceeds 5 calendar years. However, paragraph 2 of
the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows
the provisions of Article 20 to continue to apply even after the Chinese
student becomes a resident alien of the United States. A Chinese
student who qualifies for this exception (under paragraph 2 of the first
protocol) and is relying on this exception to claim an exemption from tax
on his or her scholarship or fellowship income would attach to Form
W-9 a statement that includes the information described above to
support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the
appropriate completed Form W-8 or Form 8233.
Backup Withholding
What is backup withholding? Persons making certain payments to you
must under certain conditions withhold and pay to the IRS 24% of such
payments. This is called “backup withholding.” Payments that may be
subject to backup withholding include interest, tax-exempt interest,
dividends, broker and barter exchange transactions, rents, royalties,
nonemployee pay, payments made in settlement of payment card and
third party network transactions, and certain payments from fishing boat
operators. Real estate transactions are not subject to backup
withholding.
You will not be subject to backup withholding on payments you
receive if you give the requester your correct TIN, make the proper
certifications, and report all your taxable interest and dividends on your
tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the instructions for
Part II for details),
3. The IRS tells the requester that you furnished an incorrect TIN,
4. The IRS tells you that you are subject to backup withholding
because you did not report all your interest and dividends on your tax
return (for reportable interest and dividends only), or
5. You do not certify to the requester that you are not subject to
backup withholding under 4 above (for reportable interest and dividend
accounts opened after 1983 only).
Certain payees and payments are exempt from backup withholding.
See Exempt payee code, later, and the separate Instructions for the
Requester of Form W-9 for more information.
Also see Special rules for partnerships, earlier.
What is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a
participating foreign financial institution to report all United States
account holders that are specified United States persons. Certain
payees are exempt from FATCA reporting. See Exemption from FATCA
reporting code, later, and the Instructions for the Requester of Form
W-9 for more information.
Updating Your Information
You must provide updated information to any person to whom you
claimed to be an exempt payee if you are no longer an exempt payee
and anticipate receiving reportable payments in the future from this
person. For example, you may need to provide updated information if
you are a C corporation that elects to be an S corporation, or if you no
longer are tax exempt. In addition, you must furnish a new Form W-9 if
the name or TIN changes for the account; for example, if the grantor of a
grantor trust dies.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a
requester, you are subject to a penalty of $50 for each such failure
unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you
make a false statement with no reasonable basis that results in no
backup withholding, you are subject to a $500 penalty.
7.1.f
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Page 3 Form W-9 (Rev. 10-2018)
Criminal penalty for falsifying information. Willfully falsifying
certifications or affirmations may subject you to criminal penalties
including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of
federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line
blank. The name should match the name on your tax return.
If this Form W-9 is for a joint account (other than an account
maintained by a foreign financial institution (FFI)), list first, and then
circle, the name of the person or entity whose number you entered in
Part I of Form W-9. If you are providing Form W-9 to an FFI to document
a joint account, each holder of the account that is a U.S. person must
provide a Form W-9.
a. Individual. Generally, enter the name shown on your tax return. If
you have changed your last name without informing the Social Security
Administration (SSA) of the name change, enter your first name, the last
name as shown on your social security card, and your new last name.
Note: ITIN applicant: Enter your individual name as it was entered on
your Form W-7 application, line 1a. This should also be the same as the
name you entered on the Form 1040/1040A/1040EZ you filed with your
application.
b. Sole proprietor or single-member LLC. Enter your individual
name as shown on your 1040/1040A/1040EZ on line 1. You may enter
your business, trade, or “doing business as” (DBA) name on line 2.
c. Partnership, LLC that is not a single-member LLC, C
corporation, or S corporation. Enter the entity's name as shown on the
entity's tax return on line 1 and any business, trade, or DBA name on
line 2.
d. Other entities. Enter your name as shown on required U.S. federal
tax documents on line 1. This name should match the name shown on the
charter or other legal document creating the entity. You may enter any
business, trade, or DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is
disregarded as an entity separate from its owner is treated as a
“disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter
the owner's name on line 1. The name of the entity entered on line 1
should never be a disregarded entity. The name on line 1 should be the
name shown on the income tax return on which the income should be
reported. For example, if a foreign LLC that is treated as a disregarded
entity for U.S. federal tax purposes has a single owner that is a U.S.
person, the U.S. owner's name is required to be provided on line 1. If
the direct owner of the entity is also a disregarded entity, enter the first
owner that is not disregarded for federal tax purposes. Enter the
disregarded entity's name on line 2, “Business name/disregarded entity
name.” If the owner of the disregarded entity is a foreign person, the
owner must complete an appropriate Form W-8 instead of a Form W-9.
This is the case even if the foreign person has a U.S. TIN.
Line 2
If you have a business name, trade name, DBA name, or disregarded
entity name, you may enter it on line 2.
Line 3
Check the appropriate box on line 3 for the U.S. federal tax
classification of the person whose name is entered on line 1. Check only
one box on line 3.
IF the entity/person on line 1 is
a(n) . . .
THEN check the box for . . .
• Corporation Corporation
• Individual
• Sole proprietorship, or
• Single-member limited liability
company (LLC) owned by an
individual and disregarded for U.S.
federal tax purposes.
Individual/sole proprietor or single-
member LLC
• LLC treated as a partnership for
U.S. federal tax purposes,
• LLC that has filed Form 8832 or
2553 to be taxed as a corporation,
or
• LLC that is disregarded as an
entity separate from its owner but
the owner is another LLC that is
not disregarded for U.S. federal tax
purposes.
Limited liability company and enter
the appropriate tax classification.
(P= Partnership; C= C corporation;
or S= S corporation)
• Partnership Partnership
• Trust/estate Trust/estate
Line 4, Exemptions
If you are exempt from backup withholding and/or FATCA reporting,
enter in the appropriate space on line 4 any code(s) that may apply to
you.
Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from
backup withholding.
• Except as provided below, corporations are exempt from backup
withholding for certain payments, including interest and dividends.
• Corporations are not exempt from backup withholding for payments
made in settlement of payment card or third party network transactions.
• Corporations are not exempt from backup withholding with respect to
attorneys’ fees or gross proceeds paid to attorneys, and corporations
that provide medical or health care services are not exempt with respect
to payments reportable on Form 1099-MISC.
The following codes identify payees that are exempt from backup
withholding. Enter the appropriate code in the space in line 4.
1—An organization exempt from tax under section 501(a), any IRA, or
a custodial account under section 403(b)(7) if the account satisfies the
requirements of section 401(f)(2)
2—The United States or any of its agencies or instrumentalities
3—A state, the District of Columbia, a U.S. commonwealth or
possession, or any of their political subdivisions or instrumentalities
4—A foreign government or any of its political subdivisions, agencies,
or instrumentalities
5—A corporation
6—A dealer in securities or commodities required to register in the
United States, the District of Columbia, or a U.S. commonwealth or
possession
7—A futures commission merchant registered with the Commodity
Futures Trading Commission
8—A real estate investment trust
9—An entity registered at all times during the tax year under the
Investment Company Act of 1940
10—A common trust fund operated by a bank under section 584(a) 11—
A financial institution
12—A middleman known in the investment community as a nominee or
custodian
13—A trust exempt from tax under section 664 or described in section
4947
7.1.f
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Page 4 Form W-9 (Rev. 10-2018)
The following chart shows types of payments that may be exempt
from backup withholding. The chart applies to the exempt payees listed
above, 1 through 13.
IF the payment is for . . . THEN the payment is exempt
for . . .
Interest and dividend payments All exempt payees except
for 7
Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations.
S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
prior to 2012.
Barter exchange transactions and
patronage dividends
Exempt payees 1 through 4
Payments over $600 required to be
reported and direct sales over
$5,0001
Generally, exempt payees
1 through 52
Payments made in settlement of
payment card or third party network
transactions
Exempt payees 1 through 4
1 See Form 1099-MISC, Miscellaneous Income, and its instructions.
2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup
withholding: medical and health care payments, attorneys’ fees, gross
proceeds paid to an attorney reportable under section 6045(f), and
payments for services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify
payees that are exempt from reporting under FATCA. These codes
apply to persons submitting this form for accounts maintained outside
of the United States by certain foreign financial institutions. Therefore, if
you are only submitting this form for an account you hold in the United
States, you may leave this field blank. Consult with the person
requesting this form if you are uncertain if the financial institution is
subject to these requirements. A requester may indicate that a code is
not required by providing you with a Form W-9 with “Not Applicable” (or
any similar indication) written or printed on the line for a FATCA
exemption code.
A—An organization exempt from tax under section 501(a) or any
individual retirement plan as defined in section 7701(a)(37)
B—The United States or any of its agencies or instrumentalities
C—A state, the District of Columbia, a U.S. commonwealth or
possession, or any of their political subdivisions or instrumentalities
D—A corporation the stock of which is regularly traded on one or
more established securities markets, as described in Regulations
section 1.1472-1(c)(1)(i)
E—A corporation that is a member of the same expanded affiliated
group as a corporation described in Regulations section 1.1472-1(c)(1)(i)
F—A dealer in securities, commodities, or derivative financial
instruments (including notional principal contracts, futures, forwards,
and options) that is registered as such under the laws of the United
States or any state
G—A real estate investment trust
H—A regulated investment company as defined in section 851 or an
entity registered at all times during the tax year under the Investment
Company Act of 1940
I—A common trust fund as defined in section 584(a) J—
A bank as defined in section 581
K—A broker
L—A trust exempt from tax under section 664 or described in section
4947(a)(1)
M—A tax exempt trust under a section 403(b) plan or section 457(g)
plan
Note: You may wish to consult with the financial institution requesting
this form to determine whether the FATCA code and/or exempt payee
code should be completed.
Line 5
Enter your address (number, street, and apartment or suite number).
This is where the requester of this Form W-9 will mail your information
returns. If this address differs from the one the requester already has on
file, write NEW at the top. If a new address is provided, there is still a
chance the old address will be used until the payor changes your
address in their records.
Line 6
Enter your city, state, and ZIP code.
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and
you do not have and are not eligible to get an SSN, your TIN is your IRS
individual taxpayer identification number (ITIN). Enter it in the social
security number box. If you do not have an ITIN, see How to get a TIN
below.
If you are a sole proprietor and you have an EIN, you may enter either
your SSN or EIN.
If you are a single-member LLC that is disregarded as an entity
separate from its owner, enter the owner’s SSN (or EIN, if the owner has
one). Do not enter the disregarded entity’s EIN. If the LLC is classified as
a corporation or partnership, enter the entity’s EIN.
Note: See What Name and Number To Give the Requester, later, for
further clarification of name and TIN combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately.
To apply for an SSN, get Form SS-5, Application for a Social Security
Card, from your local SSA office or get this form online at
www.SSA.gov. You may also get this form by calling 1-800-772-1213.
Use Form W-7, Application for IRS Individual Taxpayer Identification
Number, to apply for an ITIN, or Form SS-4, Application for Employer
Identification Number, to apply for an EIN. You can apply for an EIN
online by accessing the IRS website at www.irs.gov/Businesses and
clicking on Employer Identification Number (EIN) under Starting a
Business. Go to www.irs.gov/Forms to view, download, or print Form
W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to
place an order and have Form W-7 and/or SS-4 mailed to you within 10
business days.
If you are asked to complete Form W-9 but do not have a TIN, apply
for a TIN and write “Applied For” in the space for the TIN, sign and date
the form, and give it to the requester. For interest and dividend
payments, and certain payments made with respect to readily tradable
instruments, generally you will have 60 days to get a TIN and give it to
the requester before you are subject to backup withholding on
payments. The 60-day rule does not apply to other types of payments.
You will be subject to backup withholding on all such payments until
you provide your TIN to the requester.
Note: Entering “Applied For” means that you have already applied for a
TIN or that you intend to apply for one soon.
Caution: A disregarded U.S. entity that has a foreign owner must use
the appropriate Form W-8.
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or
resident alien, sign Form W-9. You may be requested to sign by the
withholding agent even if item 1, 4, or 5 below indicates otherwise.
For a joint account, only the person whose TIN is shown in Part I
should sign (when required). In the case of a disregarded entity, the
person identified on line 1 must sign. Exempt payees, see Exempt payee
code, earlier.
Signature requirements. Complete the certification as indicated in
items 1 through 5 below.
7.1.f
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Page 5 Form W-9 (Rev. 10-2018)
1. Interest, dividend, and barter exchange accounts opened
before 1984 and broker accounts considered active during 1983.
You must give your correct TIN, but you do not have to sign the
certification.
2. Interest, dividend, broker, and barter exchange accounts
opened after 1983 and broker accounts considered inactive during
1983. You must sign the certification or backup withholding will apply. If
you are subject to backup withholding and you are merely providing
your correct TIN to the requester, you must cross out item 2 in the
certification before signing the form.
3. Real estate transactions. You must sign the certification. You may
cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not
have to sign the certification unless you have been notified that you
have previously given an incorrect TIN. “Other payments” include
payments made in the course of the requester’s trade or business for
rents, royalties, goods (other than bills for merchandise), medical and
health care services (including payments to corporations), payments to
a nonemployee for services, payments made in settlement of payment
card and third party network transactions, payments to certain fishing
boat crew members and fishermen, and gross proceeds paid to
attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of
secured property, cancellation of debt, qualified tuition program
payments (under section 529), ABLE accounts (under section 529A),
IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct
TIN, but you do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account: Give name and EIN of:
14. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
The public entity
15. Grantor trust filing under the Form
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulations section 1.671-4(b)(2)(i)(B))
The trust
1 List first and circle the name of the person whose number you furnish.
If only one person on a joint account has an SSN, that person’s number
must be furnished.
2 Circle the minor’s name and furnish the minor’s SSN.
3 You must show your individual name and you may also enter your
business or DBA name on the “Business name/disregarded entity”
name line. You may use either your SSN or EIN (if you have one), but the
IRS encourages you to use your SSN.
4 List first and circle the name of the trust, estate, or pension trust. (Do
not furnish the TIN of the personal representative or trustee unless the
legal entity itself is not designated in the account title.) Also see Special
rules for partnerships, earlier.
*Note: The grantor also must provide a Form W-9 to trustee of trust.
Note: If no name is circled when more than one name is listed, the
number will be considered to be that of the first name listed.
Secure Your Tax Records From Identity Theft
Identity theft occurs when someone uses your personal information
such as your name, SSN, or other identifying information, without your
permission, to commit fraud or other crimes. An identity thief may use
your SSN to get a job or may file a tax return using your SSN to receive
a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a
notice from the IRS, respond right away to the name and phone number
printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you
think you are at risk due to a lost or stolen purse or wallet, questionable
credit card activity or credit report, contact the IRS Identity Theft Hotline
at 1-800-908-4490 or submit Form 14039.
For more information, see Pub. 5027, Identity Theft Information for
Taxpayers.
Victims of identity theft who are experiencing economic harm or a
systemic problem, or are seeking help in resolving tax problems that
have not been resolved through normal channels, may be eligible for
Taxpayer Advocate Service (TAS) assistance. You can reach TAS by
calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD
1-800-829-4059.
Protect yourself from suspicious emails or phishing schemes.
Phishing is the creation and use of email and websites designed to
mimic legitimate business emails and websites. The most common act
is sending an email to a user falsely claiming to be an established
legitimate enterprise in an attempt to scam the user into surrendering
private information that will be used for identity theft.
For this type of account: Give name and SSN of:
1. Individual The individual
2. Two or more individuals (joint
account) other than an account
maintained by an FFI
The actual owner of the account or, if
combined funds, the first individual on
the account1
3. Two or more U.S. persons
(joint account maintained by an FFI)
Each holder of the account
4. Custodial account of a minor
(Uniform Gift to Minors Act)
The minor2
5. a. The usual revocable savings trust
(grantor is also trustee)
b. So-called trust account that is not
a legal or valid trust under state law
The grantor-trustee1
The actual owner1
6. Sole proprietorship or disregarded
entity owned by an individual
The owner3
7. Grantor trust filing under Optional
Form 1099 Filing Method 1 (see
Regulations section 1.671-4(b)(2)(i)
(A))
The grantor*
For this type of account: Give name and EIN of:
8. Disregarded entity not owned by an
individual
The owner
9. A valid trust, estate, or pension trust Legal entity4
10. Corporation or LLC electing
corporate status on Form 8832 or
Form 2553
The corporation
11. Association, club, religious,
charitable, educational, or other tax-
exempt organization
The organization
12. Partnership or multi-member LLC The partnership
13. A broker or registered nominee The broker or nominee
7.1.f
Packet Pg. 156 Attachment: Circlepoint W-9 2022 (3812 : AWS Data Center EIR Award of Contract)
Page 6 Form W-9 (Rev. 10-2018)
The IRS does not initiate contacts with taxpayers via emails. Also, the
IRS does not request personal detailed information through email or ask
taxpayers for the PIN numbers, passwords, or similar secret access
information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS,
forward this message to phishing@irs.gov. You may also report misuse
of the IRS name, logo, or other IRS property to the Treasury Inspector
General for Tax Administration (TIGTA) at 1-800-366-4484. You can
forward suspicious emails to the Federal Trade Commission at
spam@uce.gov or report them at www.ftc.gov/complaint. You can
contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338).
If you have been the victim of identity theft, see www.IdentityTheft.gov
and Pub. 5027.
Visit www.irs.gov/IdentityTheft to learn more about identity theft and
how to reduce your risk.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your
correct TIN to persons (including federal agencies) who are required to
file information returns with the IRS to report interest, dividends, or
certain other income paid to you; mortgage interest you paid; the
acquisition or abandonment of secured property; the cancellation of
debt; or contributions you made to an IRA, Archer MSA, or HSA. The
person collecting this form uses the information on the form to file
information returns with the IRS, reporting the above information.
Routine uses of this information include giving it to the Department of
Justice for civil and criminal litigation and to cities, states, the District of
Columbia, and U.S. commonwealths and possessions for use in
administering their laws. The information also may be disclosed to other
countries under a treaty, to federal and state agencies to enforce civil
and criminal laws, or to federal law enforcement and intelligence
agencies to combat terrorism. You must provide your TIN whether or
not you are required to file a tax return. Under section 3406, payers
must generally withhold a percentage of taxable interest, dividend, and
certain other payments to a payee who does not give a TIN to the payer.
Certain penalties may also apply for providing false or fraudulent
information.
7.1.f
Packet Pg. 157 Attachment: Circlepoint W-9 2022 (3812 : AWS Data Center EIR Award of Contract)
7.1.g
Packet Pg. 158 Attachment: Circlepoint Certificate of Insurance (3812 : AWS Data Center EIR Award of Contract)
7.1.g
Packet Pg. 159 Attachment: Circlepoint Certificate of Insurance (3812 : AWS Data Center EIR Award of Contract)
7.1.g
Packet Pg. 160 Attachment: Circlepoint Certificate of Insurance (3812 : AWS Data Center EIR Award of Contract)
7.1.g
Packet Pg. 161 Attachment: Circlepoint Certificate of Insurance (3812 : AWS Data Center EIR Award of Contract)
7.1.g
Packet Pg. 162 Attachment: Circlepoint Certificate of Insurance (3812 : AWS Data Center EIR Award of Contract)
7.1.g
Packet Pg. 163 Attachment: Circlepoint Certificate of Insurance (3812 : AWS Data Center EIR Award of Contract)
7.1.g
Packet Pg. 164 Attachment: Circlepoint Certificate of Insurance (3812 : AWS Data Center EIR Award of Contract)
7.1.g
Packet Pg. 165 Attachment: Circlepoint Certificate of Insurance (3812 : AWS Data Center EIR Award of Contract)
City of Gilroy
STAFF REPORT
Agenda Item Title: Award a Contract to Ausonio, Inc. in the amount of $499,052 for the
Cherry Blossom Apartment Refurbishment Project
Meeting Date: June 6, 2022
From: Jimmy Forbis, City Administrator
Department: Facilities
Submitted By: LeeAnn McPhillips
Prepared By: Walter Dunckel
Walter Dunckel
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
Promote Safe,
Affordable Housing for All
Maintain and Improve
City Infrastructure
RECOMMENDATION
It is staff's recommendation for the City Council to:
1. Adopt a resolution of the City Council of the City of Gilroy amending the fiscal
year 2022-2023 budget to appropriate $499,052 for this project: $250,000 from
the fund balance of the Housing Trust Fund, $150,000 from the General Fund,
and $99,052 from the fund balance of Facilities Internal Service Fund.
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2. Award a construction contract in the amount of $499,052 to Ausonio, Inc. for the
refurbishment of the Cherry Blossom Apartment building.
3. Authorize the City Administrator to execute the related contract documents and
approve any future change orders and items within the approved project budget .
BACKGROUND
In 2010, the City gained ownership of the Cherry Blossom Apartment building located at
7255 Monterey Street, across from the train station for the purpose of providing low
income housing units within the community. Built in 1929, this building has 7
apartments, and 3 store front retail units.
Due the age of the building, the units need significant renovations and, as the owner,
the City is responsible for making the improvements. An inspection of the entire
property was completed, and list of repairs/refurbishments was developed. The scope of
work includes replacing flooring, new paint, plumbing repairs, some door replacements,
some light fixture replacements, adding an enclosed garbage bin area, fencing repairs,
cabinet repairs, some counter replacements, some appliance replacements, and other
general work related to maintaining these rental units. Completing these refurbishments
will improve the quality of life for the current tenants and will allow the city to offer
additional low-income housing units by renting the vacant units that have not been more
recently rentable.
ANALYSIS
Many government agencies share contracting efforts though cooperative purchasing
arrangements in an effort to minimize costs and staff resource impacts. This
procurement method allows the City to access highly qualified specialty contractors and
lowers overall capital costs through volume purchasing. The City took advantage of
Sourcewell, formerly the National Joint Powers Authority (NJPA), which competitively
bids construction tasks with pre-set unit prices and specifications for general
construction services, including materials, equipment and labor costs.
Sourcewell is a public agency with the legal authority to serve as a contracting agency
for other public agencies. The City of Gilroy is a member of Sourcewell and has made
use of Sourcewell’s procurement process in the past, primarily for purchasing
7.2
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equipment and vehicles. California Government Code Section 6500 authorizes public
agencies to participate in cooperative purchasing agreements like those established by
Sourcewell. Staff has confirmed with the City Attorney that this process meets the
State’s legal requirements for the bidding of public works projects , and meets the City’s
purchasing policy.
Sourcewell has several contractors to choose from in the region, all of which have
active contracts awarded through a public bidding process. Staff interviewed Ausonio,
Inc. (Sourcewell Contract # CA04-NCC-GB05-080719-AUS) and selected them for this
project based on their past experience and performance with similar projects. Ausonio,
Inc. is based out of Castroville, CA. There were no Gilroy contractors on the Sourcewell
list and Ausonio, Inc. was the closest available contractor on the list . Also, three
references for Ausonio, Inc. were checked, and all references reported that they were
very happy with the work completed by Ausonio, Inc. (City of Monterey, County of
Monterey, and Natividad Medical Center).
Staff conducted a job walk, provided the scope of work and obtained a formal proposal
from Ausonio, Inc. in the amount of $466,404. Staff has reviewed the proposal and
found the price to be fair and reasonable for this scope of work and consistent with the
pre-set unit prices established in their contract with Sourcewell.
Currently 4 of the 7 upstairs apartments are rented and 2 of the 3 storefronts are being
rented. The annual rent collected for these 5 occupied apartments and 2 occupied store
fronts is about $63,000. After completion of the refurbishment, the City will be able to
rent all seven apartments and all three storefronts. The City follows HUD’s
recommendations regarding setting the low-income rent amounts which varies based on
the size of the unit.
Given that some of the units are occupied, the plan is to refurbish the vacant apartment
units first and then relocate current tenants to the refurbished units so the remaining
units can be refurbished. Staff will work with the commercial tenants to schedule the
necessary work with the least impact to their business. The current tenants are excited
about the pending improvements and have been very cooperative.
Upon approval and execution of the Agreement, work will begin on this project by early
July and all work should be completed by November, 2022.
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Completion of this work and the provision of low-income housing in the community
supports the City Council’s goal of providing safe and affordable housing for all. In
addition, since the property is city-owned, completion of this work also supports the City
Council’s goal to maintain and improve City infrastructure.
ALTERNATIVES
The alternatives to approving this construction contract award are:
1. Advertise the project, requesting sealed bid proposals. Taking this route would
delay the project, and given the current market environment, would likely result in
increased costs above the cooperative pre-set prices negotiated by Sourcewell.
Staff does not recommend this option.
2. Sell the apartment building. There are very few low rent housing options in
Gilroy. The City is obligated to supply low income housing solutions. Without this
resource, the City would need to provide alternative low-income housing that
would be more expensive for the City to procure. Staff does not recommend this
option.
FISCAL IMPACT/FUNDING SOURCE
The scope of work for this refurbishment project is $466,404, plus a contingency of
$32,648 (7%) for unforeseen repairs, for a total contract cost of $499,052.
The project is recommended to be funded by the following sources:
Housing Trust Fund - $250,000
General Fund – $150,000
Facilities Fund - $99,052
Since the project is not included in the current biennial budget, staff recommends
Council adopt a resolution amending the FY23 budget to appropriate the related
expenditure for this project. The recommended appropriations are as follows:
7.2
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1. $250,000 in appropriations from the fund balance currently in the Housing Trust
fund for this project.
2. $150,000 in appropriations from the fund balance currently in the General Fund
as a transfer to and appropriate within the Housing Trust Fund for this project.
3. $99,052 in appropriations from the fund balance currently in the Facilities Fund
as a transfer to and appropriate within the Housing Trust Fund for this project.
Attachments:
1. Draft Resolution
7.2
Packet Pg. 170
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING THE BUDGET FOR
THE CITY OF GILROY FOR 2022-2023 AND
APPROPRIATING PROPOSED EXPENDITURE
AMENDMENTS
WHEREAS, the City Administrator prepared and submitted to the City Council a budget
for the City of Gilroy for Fiscal Years 2021-2022 and 2022-2023, and the City Council
carefully examined, considered, and adopted the same on June 7, 2021; and
WHEREAS, City Staff has prepared and submitted to the City Council proposed
amendments to said budget for Fiscal Year 2022-2023 for the City of Gilroy in the staff report
dated June 6, 2022 for the Cherry Blossom Apartment and Retail Refurbishing Project.
NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year
2022-2023 in Fund 259 - Housing Trust Fund shall be increased by $499,052; in Fund 100 –
General Fund be increased by $150,000 and transferred to Fund 259 – Housing Trust Fund; and
in Fund 651 – Facilities Internal Service Fund shall be increased by $99,052 and transferred to
Fund 259 – Housing Trust Fund.
PASSED AND ADOPTED this 6th day of June 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
7.2.a
Packet Pg. 171 Attachment: Draft Resolution (3798 : Cherry Blossom Apartment Refurbishment Project)
City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of Entering into an Agreement with Visit Gilroy for
Tourism-Related Economic Development Services and Adopting a
Resolution of the City Council of the City of Gilroy Amending the
Budget for the City of Gilroy for Fiscal Year 2022-23
Meeting Date: June 6, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Bryce Atkins
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Council:
a) Approve the agreement and authorize the City Administrator to execute; and
b) Adopt a resolution amending the Fiscal Year 2022-23 Operating Budget.
BACKGROUND
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The City of Gilroy and Gilroy Visitors Bureau, doing business as Visit Gilroy, formerly
the Gilroy Welcome Center (further referred to as “Visit Gilroy”), has a long history of
collaboration to promote tourism and tourism-related businesses in the community, and
attract development and economic activity from outside the community to come to
Gilroy.
Around 1996 the Gilroy Visitor’s Bureau (GVB) began as an advisory council reporting
to the Gilroy Chamber of Commerce. In 2001, GVB was officially incorporated as a
separate organization from the Chamber of Commerce and GVB started a verbal
agreement with the City of Gilroy to operate a Visitors Center for five days a week. The
initial amount was $200,000 for marketing and staffing the center at the original location
at IOOF and Monterey Road.
In 2008, there was an increase in annual funding to $250,000, with Morgan Hill
contributing an additional $50,000 for regional marketing to the total of $300,000. This
arrangement remained in place for three years until October 2011 when a relocation to
their current offices at the Gilroy Premium Outlets occurred. At this time, Morgan Hill
ceased to contribute, and Visit Gilroy oversaw the operation of the new Gilroy Welcome
Center. In 2019, Visit California selected Gilroy as a new location for a California
Welcome Center and this designation continues and is operated by Visit Gilroy .
With a requirement to be open for seven days per week at the Outlets, the request was
made of the City to increase the contribution to $300,000 annually. Since 2011 the
annual City contribution amount has remained at $300,000.
The City and Visit Gilroy have participated in a mutually beneficial relationship for a
number of years with both the Visit Gilroy and City of Gilroy staff sharing enthusiasm for
a continued relationship.
ANALYSIS
To date, all agreements between Visit Gilroy and the City of Gilroy have bee n verbal. To
maintain consistency with adopted policies for procurement and expenditures, staff is
proposing the attached consultant services agreement.
The agreement is for a term of five years, commencing July 1, 2022 through June 30,
2027. The annual amount for the first year is $350,000. Each year thereafter, an inflator
tied to the Bay Area Consumer Price Index for Urban Consumers would adjust the
amount to maintain the ability to deliver the services in the scope of work each year.
The scope of work includes, but is not limited to, the following:
• Serve as the non-profit Destination Marketing Organization (“DMO”) dedicated to
promoting Gilroy as a visitor destination.
• Reporting annually to the City Council on tourism and DMO -related performance
information.
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• Serve as an economic development advisor to the City on tourism and other
commercial economic development information.
This is an increase over the adopted budget for Fiscal Year 2022 -23 (“FY23”), which
contained $300,000 in appropriations for payment to Visit Gilroy for their services and
operations. The increase is prudent due to a decade of inflation without corresponding
financial increases in the City’s contributions.
As the increase was not contemplated during the biennial budget cycle, the FY2 3
Operating Budget would need to be amended to sustain this level of funding. A draft
resolution amending the budget by an additional $50,000 to a new level of $350,000 is
attached for Council to consider.
The proposed agreement was approved unanimously at the May 26, 2022 Visit Gilroy
Board of Directors meeting.
ALTERNATIVES
Council may accept, reject, or modify the proposed agreement. Any change would
require renegotiation with Visit Gilroy.
FISCAL IMPACT/FUNDING SOURCE
The budget amount for FY23 will require an amendment of $50,000 in the General
Fund.
Future years will see inflationary increases based on the performance of the economy,
and increases will be tied to Bay Area CPI growth. Those numbers will be reflected in
the City’s annual budget and five-year forecast.
NEXT STEPS
With approval, the agreement will then route for final signature s.
PUBLIC OUTREACH
No formal outreach has occurred. The concept of the agreement was approved in the
adopted budget, which had several public meetings for adoption. Additionally, this item
was noticed in the publicly posted agenda for this City Council meeting.
Attachments:
1. DRAFT Standard Agreement for Services - Visit Gilroy
2. Draft Resolution
10.1
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LAC\04706083
AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 6th day of June, 2022, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: Gilroy Visitors Bureau, Inc., doing business as Visit Gilroy, having a
principal place of business at 8155 Arroyo Circle #6, Gilroy, CA 95020.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on July 1, 2022 and will continue in effect through June 30,
2027 unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein. ______
Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S
employees, including, without limitation, disability or unemployment insurance, workers’
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the term of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific
Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit
“C” (“Milestone Schedule”).
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above-described
services. CITY shall have no right to, and shall not, control the manner or determine the method
of accomplishing CONSULTANT’S services.
10.1.a
Packet Pg. 175 Attachment: DRAFT Standard Agreement for Services - Visit Gilroy (3807 : Visit Gilroy Agreement)
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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the
performance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event
however shall the total compensation paid to CONSULTANT exceed $350,000 anually. Beginning
July 1, 2023, the annual amount shall increase each July 1st by the increase in the annual Consumer
Price Index for the calendar year prior, in the Bureau of Labor Statistics Series CUURS49BSA0 .
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in Exhibit “A”,
Section IV) incurred during the preceding period. If CITY objects to all or any portion of any
invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt
of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It
shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts
to which it has objected until the objection has been resolved by mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be
10.1.a
Packet Pg. 176 Attachment: DRAFT Standard Agreement for Services - Visit Gilroy (3807 : Visit Gilroy Agreement)
-3- 4835-2267-0361v1
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responsible for any expenses incurred by CONSULTANT in performing services for CITY, except
for those expenses constituting “direct expenses” referenced on Exhibit “A.”
ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under
this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent
any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or
death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law, CONSULTANT
shall defend, through counsel approved by CITY (which approval shall not be unreasonably
withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees
against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities
and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly
or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or
CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or
death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against any
and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due
to bodily injury, sickness or disease, or death to any person, and damage to property, including the
loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum
10.1.a
Packet Pg. 177 Attachment: DRAFT Standard Agreement for Services - Visit Gilroy (3807 : Visit Gilroy Agreement)
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coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however,
Professional Liability Insurance written on a claims made basis must comply with the requirements
set forth below. Professional Liability Insurance written on a claims made basis (including without
limitation the initial policy obtained and all subsequent policies purchased as renewals or
replacements) must show the retroactive date, and the retroactive date must be before the earlier
of the effective date of the contract or the beginning of the contract work. Claims made
Professional Liability Insurance must be maintained, and written evidence of insurance must be
provided, for at least five (5) years after the completion of the contract work. If claims made
coverage is canceled or non-renewed, and not replaced with another claims-made policy form with
a retroactive date prior to the earlier of the effective date of the contract or the beginning of the
contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage
for a minimum of five (5) years after completion of work, which must also show a retroactive date
that is before the earlier of the effective date of the contract or the beginning of the contract work.
As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall
furnish written evidence of such coverage (naming CITY, its officers and employees as additional
insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via
a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation,
or of a material change in policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole
and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all
required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges
and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT’S
payments;
• CITY will not make state or federal unemployment insurance contributions on
CONSULTANT’S behalf;
• CITY will not withhold state or federal income tax from payment to
CONSULTANT;
• CITY will not make disability insurance contributions on behalf of
CONSULTANT;
• CITY will not obtain workers’ compensation insurance on behalf of
CONSULTANT.
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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later
than thirty (30) days prior to any such sale. CITY shall hav e the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination
pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’
receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated
upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of
its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
2. CONSULTANT’S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C” which have been fully, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT’S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and
all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of
work as described in this Agreement, to the extent such costs and expenses exceed the amounts
CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant
to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4
of this Agreement on the date due, then if and only if such nonpayment constitutes a default under
this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement
if such default is not remedied by CITY within thirty (30) days after demand for such payment is
given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to facilitate
any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to
complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable
provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it
may be amended from time to time. CONSULTANT shall also require such compliance of all
subcontractors performing work under this Agreement, subject to the prohibition against
assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend
with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its
officers, employees, agents and representatives from and against all suits, claims, demands,
damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation
reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT,
its subcontractors, or the officers, employees, agents or representatives of either.
C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or
interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
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attorneys’ fees, which may be set by the court in the same action or in a separat e action brought
for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement
are for convenience only and shall not be considered nor referred to for resolving questions of
interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed in
the work, or the materials used in the work, or which in any way affect the conduct of the work,
and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over
the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the
Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a
contract or subcontract to the CITY OF GILROY for public works or for goods or services to
refrain from discriminatory employment or subcontracting practices on the basis of the race, color,
sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any
potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of this
Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains
all the covenants and agreements between the parties with respect to the rendering of such services
in any manner whatsoever. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no other agreement,
statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested.
Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section
V.H. but each party may change the address by written notice in accordance with this paragraph.
Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be
deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance
under this Agreement shall not be construed as waiver(s) of any other condition of performance
under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
GILROY VISITORS BUREAU dba
VISIT GILROY
CITY OF GILROY
By: By:
Name: Jane Howard Name: Jimmy Forbis
Title: Executive Director Title: City Administrator
Social Security or Taxpayer
Identification Number 77-0553294
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Approved as to Form ATTEST:
City Attorney City Clerk
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of
Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign the President/CEO, who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the Services
in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
“Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, the City
Administrator shall be the designated City contact person(s). Notice to Proceed shall be deemed
to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as
provided in the Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with
the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance,
and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request
this determination of completion when, in its opinion, it has completed all of the Services as
required by the terms of this Agreement and, if so requested, CITY shall make this determination
within two (2) weeks of such request, or if CITY determines that CONSULTANT has not
completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
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Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay
only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary
to perform the Services, and its duties and obligations, expressed and implied, contained herein,
and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its
skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in
conformance to and consistent with the standards generally recognized as being employed by
professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well-organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY’S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and
all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all charges
submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s
offices within five (5) business days after CITY’s request.
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
information submitted to CONSULTANT in connection with the performance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an
entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known
to the related industry (other than that which becomes generally known as the result of
CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this
Agreement in any magazine, trade paper, newspaper or other medium without the express written
consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of
CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain
and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work, whether
or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but not
limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
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H. NOTICES.
Notices are to be sent as follows:
CITY: City Administrator
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: President/CEO
Gilroy Visitors Bureau dba Visit Gilroy
8155-6 Arroyo Circle
Gilroy, CA 95020
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost
for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement
without liability or, at its discretion, to deduct from the agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
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EXHIBIT “B”
SCOPE OF SERVICES
Gilroy Visitors Bureau dba Visit Gilroy shall operate and maintain a welcome center in and for
the City of Gilroy. The activities of the welcome center shall include, but not be limited to, the
following:
A. Under the direction of the Gilroy Visitors Bureau dba Visit Gilroy serve as the non-profit
Destination Marketing Organization ("DMO") dedicated to promoting Gilroy as a visitor
destination, including the following:
1. Operate and Manage the California Welcome Center Gilroy to be a centralized source of local
knowledge and information for visitors, residents, travel agents, tour operators and media.
2. Provide tourism marketing in the form of print, digital, social media, and trade show attendance
3. Participate in cooperative advertising, marketing and trade show programs that promote tourism
and tourism-related economic development with partners locally and in the region and state, as
deemed appropriate and best use of resources.
4. Provide visitor information, including answering all telephone calls requesting general visitor
information, local event information, points of interest, accomodations and attractions.
5. Operation and maintenance of a website for the purpose of providing tourism information.
Respond on a timely basis to e-mails requesting visitor information.
6. Print, in such quantity as to meet demand, information about the community, local events, points
of interest, accomodations and attractions, and distribute to the City, Gilroy hotels, local partners
including Chamber of Commerce and other tourist oriented attractions.
7. Conduct such surveys as may be appropriate to assess tourism data and trends.
8. Provide for welcome center reception, including an on-site greeting staff, paid or volunteer, as
available.
9. Serve as first point of contact for travel writer assistance.
10. Enhance visitor services in the community through training programs and volunteers.
B. Report annually to the City Council on tourism and DMO-related performance information,
including, but not limited to, the following:
1. Visitor traffic information
a. Number of walk-ins.
b. Number of calls.
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c. Top five regions and/or countries
d. Website analytics
e. Summary and performance of any promotions or campaigns.
f. Provide each year a copy of Visit Gilroy's strategic marketing plan and goals for the following
year.
C. Serve as an economic development advisor to the City.
1. Provide information relating to economic trends as it relates to tourism and other commercial
economic development information.
2. Identify and notify the City of business, entertainment, and tourism -related needs that Visit
Gilroy becomes aware of, to expand tourism and the greater economic development of the City.
3. Consult and advise on special projects and studies relating to economic development.
4. Work collaboratively on other economic development needs, programs and/or projects that
support tourism and commercial retail.
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EXHIBIT “C”
MILESTONE SCHEDULE
Annual report to the City Council on results of operations and performance results shall occur no
later than April 30th of the following year.
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EXHIBIT “D”
PAYMENT SCHEDULE
Payments shall be made upon an invoice from the Gilroy Visitors Bureau dba Visit Gilroy.
Invoices shall be issued quarterly to the City of Gilroy for $87,500 per quarter, for the first 1st
year of the term.
Beginning 2nd year of the term, July 1, 2023, and annually thereafter, the initial contribution
of $350,000 shall be adjusted by the change in the annual Consumer Price Index for the calendar year
prior, in the Bureau of Labor Statistics Series CUURS49BSA0, and the amount shall be billed via
quarterly invoices.
Payments shall be net 30 days.
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RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING THE BUDGET FOR THE CITY
OF GILROY FOR FISCAL YEAR 2022-2023 IN THE
GENERAL FUND AND APROPRIATING THE
PROPOSED EXPENDITURE AMENDMENT
WHEREAS, the City Administrator prepared and submitted to the City Council a budget
for the City of Gilroy for Fiscal Years 2021-2022 and 2022-2023, and the City Council carefully
examined, considered and adopted the same on June 7, 2021; and
WHEREAS, City Staff has prepared and submitted to the City Council a proposed
amendment to said budget for Fiscal Year 2022-2023 for the City of Gilroy in the staff report
dated June 6, 2022 for the Visit Gilroy contract approval, appropriating an additional $50,000 for
the contract; and
WHEREAS, the City Council has carefully examined and considered the same and is
satisfied with said budget amendment.
NOW, THEREFORE, BE IT RESOLVED THAT appropriations for Fiscal Year 2022-
2023 are hereby increased in the General Fund, Fund 100, by $50,000.
PASSED AND ADOPTED this 6th day of June, 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
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City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of Third Extension of the Exclusivity Agreement with
Sharks Sports & Entertainment, LLC to Fully Assess the Potential
of Having the Sharks Organization Operate a New Indoor
Recreational Facility
Meeting Date: June 6, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Approve the third extension to the exclusivity agreement with the Sharks Sports &
Entertainment, LLC, and authorize the City Administrator to execute the agreement.
DISCUSSION
The City of Gilroy has an opportunity to continue its exclusivity agreement for the
possibility of a future partnership with a private firm, Sharks Sports & Entertainment,
LLC (“Sharks”). At this time, before the City can continue in business discussions, it is
necessary to extend the exclusivity period.
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Exclusivity is the condition in which each party grants the other party sole rights
regarding a particular business function or product sale and/or purchase. Put another
way, exclusivity is an arrangement between two parties wherein neither will explore
entering a similar deal with other parties for a certain period.
The City has previously conducted discussions with the Sharks and the two-year
exclusivity agreement expired, and in July 2021 Council authorized a one-year
extension to July 2022. Approval of extending the exclusivity agreement (one additional
year) would give both parties the opportunity to conduct additional due diligence.
During this time staff would continue to take a close look at the details of the proposal
and determine if it is advantageous for the community, or not, and how best to proceed.
Both the City and Sharks have already allocated resources towards a potential facility
agreement. Further talks would enable the City and Sharks to finalize a potential
project, identify financing and determine the ongoing operational relationship. The final
agreement would be presented to Council for consideration of approval.
While project details are still under discussion, the facility would likely include
opportunities for a variety of sporting programs and events to include ice hockey and
would be located off Monterey Road, as part of the Gilroy Sports Park. The project
would provide recreational opportunities for all Gilroy residents and those travelling to
Gilroy for tournaments, competitions, and other events.
Having the proposed facility operated by a national brand with a proven t rack record of
operating recreational ice facilities would be a great opportunity for economic
development and has the potential to heighten our position in the region as a
destination location and increase travel and tourism to Gilroy. The development of the
Gilroy Sports Center is consistent with the Council goals related to making Gilroy a
Recreation Destination.
Discussions during this preliminary period are non -binding and provide the opportunity
to fully assess the potential of the proposed facility in Gilroy.
ALTERNATIVES
Do not extend the exclusivity agreement. This is not recommended because it would
necessarily stop any further business discussions.
FISCAL IMPACT/FUNDING SOURCE
No fiscal impacts are expected from the extension of the exclusivity period. Any
recommendations for future Council actions that necessitate expenditures will be
discussed as part of those staff reports.
NEXT STEPS
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If approved, the City will continue to work with the Sharks on the development of a
financing plan and term sheet that would be submitted to the City Council for
consideration.
PUBLIC OUTREACH
If terms are reached, during project design work the City will conduct public outreach
sessions to gain public input.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Wiley House Lease Amendment
Meeting Date: June 6, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Jimmy Forbis
Karine Decker
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
Maintain and Improve
City Infrastructure
RECOMMENDATION
Approve an amendment to the lease with Advantage Peak, LLC for use of the City -
owned property at 140 5th Street, also known as the Wiley House.
BACKGROUND
On March 1, 2020 a single tenant lease was entered into by and between the City of
Gilroy (“Landlord”) and Advantage Peak LLC (“Tenant”) for the building commonly
known as the “Wiley House” located at 140 5 th Street, Gilroy, CA 95020. The term of
the lease was for 60 months (5 years) with three options to extend for an additional two
years each. Base rent in the amount of $3,000 per month was set for the first full year
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with an increase of 3% annually after the first full year, including options. The use of the
premises was intended for general office purposes and special events.
In February of 2022, the existing tenant , Advantage Peak, LLC reached out to City staff
regarding a possible change in the use of the space. Due to COVID -19 restrictions
which began less than three weeks after the execution of the lease, the tenant’s abili ty
to use the premises as an events center as permitted within the lease was greatly
impacted. After almost two full years with no events booked or held at the premises, the
tenant decided to explore the use of the space to allow for a more sustainable bu siness
model and presented staff with a request to modify/amend the terms of the lease to
allow the use of the premises as a Santa Clara Valley Wine Tasting venue.
ANALYSIS
The proposed amendments to the lease are reflected in Sections 2 -5 of the draft lease
amendment and include the following provisions:
1) Use of The Premises: to allow for use, both indoor and outdoor, for general
office purposes, the operation of a wine tasting facility identified as the “South
County Wine Tasting Room”, and special events (including but not limited to
catered weddings and private/corporate functions).
2) Tenant Improvements and Reimbursement Provision : allows the tenant to make
certain improvements needed to convert the space into a wine tasting venue.
Some general tenant improvements that would benefit the overall value of the
building include electrical and plumbing upgrades, installation of new flooring,
construction of a new commercial kitchen, new interior paints, lighting fixtures,
landscaping and hardscaping and the like. These improvements once
completed, properly documented and inspected within a 24-month period, could
be eligible for reimbursement by the Landlord (the City) for an amount up to
$100,000 provided that all the conditions outlined within the lease ar e met.
3) Landlord and Tenant’s Responsibility for Maintenance and Repair of the
Premises whereby the Landlord is primarily responsibility for major life -safety and
structural conditions of the premises and the tenant is responsible for the interior
and exterior paint, fixtures, doors, windows hardscapes, and landscaping.
ALTERNATIVES
Council may reject the staff recommendation to amend the current lease, however this
is not recommended as the Tenant has identified that the current business model for the
building is not financially viable.
FISCAL IMPACT/FUNDING SOURCE
The fiscal impacts of approval of the lease amendment include:
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Up to $100,000 reimbursement to the tenant for general tenant improvements made to
the building should they comply with lease agreements. This amount will be partially
offset by revenue to the City from the facility and through rent payments. Any difference
between revenues/rent and reimbursement amounts will come from the City’s General
Fund Balance.
No budget amendment is being requested at this time, however a mid-cycle (FY23) or
Fiscal Year 2024 (FY24) adjustment may be necessary.
CONCLUSION
Staff recommends that the draft lease amendment by and between the City of Gilroy
and Advantage Peak, LLC be approved by Council as presen ted.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Adopt a Resolution of the City Council of the City of Gilroy
Authorizing the City Administrator to Execute Agreements with the
California Department of Transportation for the City Of Gilroy’s
Clean California Grant Project
Meeting Date: June 6, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Karine Decker
Strategic Plan Goals
Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
Maintain and Improve
City Infrastructure
RECOMMENDATION
Council adopt the resolution.
BACKGROUND
The City submitted a $3.9 million grant application to the California Department of
Transportation (“Caltrans”) Clean California Local Grant Program. The application was
for cleanup events and infrastructure improvements along Gourmet Alley and Railroad
Alley. The City was awarded the grant in March of 2022.
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ANALYSIS
Working with Caltrans to complete the required steps to execute the grant agreement
and undertake the project, a series of documents are needed to be executed, as well as
the Restricted Grant Agreement itself. With instruction from the grant program manager
for Caltrans assigned to the City, a City Council resolution authorizing the City
Administrator to execute the agreement, associated documents, and any amendments
is required.
The resolution is attached for Council action.
ALTERNATIVES
Council may modify or reject the resolution. This is not recommended. The resolution is
structured from the example resolution sent to the City from Caltrans and is one of the
required submittals in their program checklist for those awarded these grants.
FISCAL IMPACT/FUNDING SOURCE
There is no fiscal impact for authorizing this resolution. However, should the resolution
not be approved, there is a possibility of losing access to the $3.9 million grant for the
project. After the execution of the agreement, budgetary appropriations for the grant
revenue and the related expenditures will need to be approved. Staff will include these
appropriations as part of the comprehensive mid-cycle budget adjustments during the
month of August.
CONCLUSION
The resolution will further accomplish the required procedural steps to allow the City to
initiate the Clean California - Gourmet Alley and Railroad Alley cleanup and
infrastructure project.
Attachments:
1. Draft Resolution
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RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY AUTHORIZING THE CITY
ADMINISTRATOR TO EXECUTE AGREEMENTS WITH
THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR THE CITY OF GILROY’S
CLEAN CALIFORNIA GRANT PROJECT
WHEREAS, the City of Gilroy is eligible to receive State funding for certain
transportation related work through the California Department of Transportation; and
WHEREAS, the Restricted Grant Agreement is needed to be executed with the California
Department of Transportation before such funds can be claimed through the Clean California Local
Grant Program; and
WHEREAS, the City of Gilroy wishes to delegate authorization to execute these
agreements and any amendments thereto.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Gilroy
does hereby authorize the City Administrator, or designee, to execute all Restricted Grant
Agreements and any amendments thereto with the California Department of Transportation.
PASSED AND ADOPTED this 6th day of June, 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
10.4.a
Packet Pg. 201 Attachment: Draft Resolution (3819 : Clean Cali Grant Restricted Agreement Authorization)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of Capital Improvement Plan Projects for Funding by the
Road Repair and Accountability Act of 2017 (SB-1) Funds
Meeting Date: June 6, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan
Prepared By: Ogarita Carranza
Ogarita Carranza
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
Maintain and Improve
City Infrastructure
RECOMMENDATION
Adopt a Resolution of the City Council of the City of Gilroy adopting a list of projects for
Fiscal Year 2022-23 to be funded by SB-1: The Road Repair and Accountability Act of
2017.
BACKGROUND
Senate Bill 1, (SB 1) (Beall, Chapter 5, Statutes of 2017), The Road Repair and
Accountability Act of 2017 provides significant, stable, and ongoing state transportation
funding. These are funds dedicated to fixing aging roads and bridges, improving goods
10.5
Packet Pg. 202
movement, and reducing traffic congestion. SB-1 is anticipated to generate $54 billion
over the next decade, split between state and local agencies.
SB-1 will enable cities and counties to address significant maintenance, rehabilitation
and safety needs on their local streets and roads system. SB-1 will provide
approximately $1.5 billion per year for local streets and roads. Gilroy is expected to
receive a projected amount of $1,172,307 in FY22 for a total of $4,546,866 for local
street pavement maintenance. In providing this funding, the Legislature has increased
the role of the California Transportation Commission (Commission), including oversight
of SB-1 based on the development of guidelines, review of project lists submitted by
cities and counties, reporting to the State Controller, and receiving reports on completed
projects.
In May 2021, Council approved a resolution and a list of projects to be constructed
using the FY22 funding. The FY22 program is expected to be completed in early fall of
2022. The updated list of proposed street segments for paving using FY2022-23 SB-1
funding, consistent with the Council adopted 5-year paving program, is attached.
To-date, the City has received $3,347,590 from the State Controller. We anticipate that
the City will receive the full funding for FY22 ($4,546,866), by August 2022 .
ANALYSIS
To receive the available SB-1 funds, the City must adopt the list of SB -1 funded
pavement maintenance projects through a resolution. “Projects”, in this case, means a
list of streets that we anticipate will receive pavement maintenance with SB -1 funds.
Pavement maintenance can be done in one project or combined with other planned
pavement maintenance projects. A resolution, listing the streets to be included in the
annual SB-1 funded project, is due to the Commission by July 1, 2022.
The list of street segments was selected using the City’s StreetSaver pavement
maintenance database program assuming an ann ual pavement budget of $3.9M per
year and using the Council-directed blended system to identify streets for rehabilitation.
Street segments are selected to provide the greatest improvement in average
Pavement Condition Index (PCI) for a given funding level. Staff also considered
Average Daily Traffic (ADT), Street Functional Classifications (Residential, Collector, or
Arterial), current Pavement Condition Index (PCI), types of treatment required, and
geographic equity when selecting streets for inclusion on this list.
It is anticipated that, while the rehabilitation and resurfacing of the above streets will
significantly improve safety, pavement condition and rideability along these specified
streets, it is not expected that it will result in significant i ncrease in the Citywide
Pavement Condition Index (PCI) for the following reasons:
1. Per the Pavement Management Report (completed by AMS Consulting in
January 2020) and Staff’s State of City Street pavement condition presentation at
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the January 27, 2020 Council meeting, the current Citywide PCI is at 62; in order
to significantly improve the PCI, the City may need to spend approximately
$5,000,000 (on average) per year on pavement maintenance, while an average
expenditure of approximately $3,400,000 is needed to maintain the current PCI
level of 62.
2. The percentage of street segments currently evaluated as good to fair condition
will continue to deteriorate at a faster rate than the benefit gained by the
rehabilitation of the street segments included in the SB-1 list.
FISCAL IMPACT/FUNDING SOURCE
The FY 2022-23 SB 1 Road Maintenance and Rehabilitation Account (RMRA) projected
revenues of $1,290,155 are included as a revenue source for Fund 215 (Road
Maintenance and Rehab) in the City’s CIP under Annual Pavement Maintenance
Program (Project No. 800060) as part of the FY 2022-23 project budget.
SB-1 requires that cities maintain existing general fund levels for transportation funding
at levels equal to, or greater than, their annual average expenditures duri ng FY10,
FY11, and FY12, which is known as the “maintenance of effort” (MOE) requirement.
The bill authorizes the State Controller’s Office to audit local governments for
compliance and subject local governments to reimbursing the state for non -compliance.
For Gilroy, per the State Controller’s Office, this amounts to approximately $1.2 million
annually from the General Fund (which is the average of 3 -year expenditures on street
maintenance from FY10 - FY12). For FY22 and FY23, the City is scheduled to spend
more than $1.2 million in pavement and street maintenance effort using General Fund
monies and more than $900,000 using Measure B funds and other Gas Tax revenues,
in addition to the SB1 candidate projects.
NEXT STEPS
The attached resolution, once approved, will be sent to the California Transportation
Commission for approval to allow the City of Gilroy to receive its share of the SB -1 local
pavement maintenance funding.
Attachments:
1. Draft Resolution
2. SB1 Street Segments (FY23)
10.5
Packet Pg. 204
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED
BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017
(Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in
April 2017 in order to address the significant multi-modal transportation funding shortfalls
statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure
the residents of our City are aware of the projects proposed for funding in our community and
which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal
year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1
which must include a description and the location of each proposed project, a proposed schedule
for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Gilroy is estimated to receive $1,172,307 in Fiscal Year 2021-
2022 and an estimated amount of $1,290,155 in Fiscal Year 2022-2023 from SB 1; and
WHEREAS, this is the 6th year in which the City is receiving SB 1 funding and will enable
the City to continue essential road maintenance and rehabilitation projects, safety improvements,
repairing and replacing aging bridges, and increasing access and mobility options for the traveling
public that would not have otherwise been possible without SB 1; and
WHEREAS, the City used a Pavement Management System to develop the SB 1 project
list to ensure revenues are being used on the most high-priority and cost-effective projects that
also meet the community’s priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate over 1.4
million square feet of pavement, and implement the complete streets ordinance on streets in the
project and into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment
found that the City’s streets and roads are, on average, in good condition, but 15 percent of the
streets are in poor or very poor condition. This revenue will help increase the overall quality of
our road system and over the next decade will keep our streets and roads in a good condition; and
WHEREAS, without revenue from SB 1, the City’s average Pavement Condition Index,
a measure of the pavement condition, would have otherwise continued to decrease at an
increasing rate; and
WHEREAS, if the Legislature and Governor failed to act, city streets and county roads
would have continued to deteriorate, having many and varied negative impacts on our
community; and
10.5.a
Packet Pg. 205 Attachment: Draft Resolution [Revision 2] (3768 : LSR SB 1 Funding for FY 2022-2023)
Resolution No. 2022-XX
SB-1 Project List Adoption
City Council Regular Meeting | June 6, 2022
Page 2 of 3
WHEREAS, cities and counties own and operate more than 81 percent of streets and
roads in California, and from the moment we open our front door to drive to work, bike to school,
or walk to the bus station, people are dependent upon a safe, reliable local transportation network;
and
WHEREAS, modernizing the local street and road system provides well-paying
construction jobs and boosts local economies; and
WHEREAS, the local street and road system is also critical for farm to market needs,
interconnectivity, multimodal needs, and commerce; and
WHEREAS, police, fire, and emergency medical services all need safe reliable roads to
react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and
WHEREAS, maintaining and preserving the local street and road system in good condition
will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian
experience safer and more appealing, which leads to reduced vehicle emissions helping the State
achieve its air quality and greenhouse gas emissions reductions goals; and
WHEREAS, restoring roads before they fail also reduces construction time which results
in less air pollution from heavy equipment and less water pollution from site run-off; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads
infrastructure with a focus on basic maintenance and safety, investing in complete streets
infrastructure, and using cutting-edge technology, materials and practices, will have significant
positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED by the City Council of the City
of Gilroy as follows:
1. The foregoing recitals are true and correct.
2. The following list of newly proposed projects will be funded in-part or solely with
Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues:
The FY23 Citywide Pavement Maintenance Project consists of each of the following
street segments listed in Attachment 1 receiving a pavement treatment consisting of
milling, associated pavement resurfacing and restriping, associated concrete flatwork,
installation of ADA-compliant curb ramps, adjustment of utilities to grade, slurry
seal, micro-surfacing, asphalt rubber cape seal, micro-milling, striping, signage,
traffic signal loop replacement, and other incidental work. This treatment is expected
to extend the useful life of each street segment by 5-7 years. The attached list
(Attachment 1) of project segments are expected to start in May 2023 and be
completed in October 2023.
10.5.a
Packet Pg. 206 Attachment: Draft Resolution [Revision 2] (3768 : LSR SB 1 Funding for FY 2022-2023)
Resolution No. 2022-XX
SB-1 Project List Adoption
City Council Regular Meeting | June 6, 2022
Page 3 of 3
PASSED AND ADOPTED this 6th day of June, 2022 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
10.5.a
Packet Pg. 207 Attachment: Draft Resolution [Revision 2] (3768 : LSR SB 1 Funding for FY 2022-2023)
Segment No. Street Name From To Area
(SF)
1 ADAMS CT MURRAY AVE END 13,575
2 APACHE CT END RODEO DR 15,081
3 ARAPAHO DR DURANGO LN BENBOW DR 38,010
4 AVEZAN WAY TATUM AVE ST CLAR AVE 21,522
5 BABBS CREEK DR 100FT WEST OF STARLING DR END WEST 18,700
6 BABBS CREEK DR END THOMAS RD 47,670
7 BENBOW DR SAGE HILL DR ARAPAHO DR 20,335
8 BERRYBUSH CT OAK BROOK WY END 22,898
9 BLACKBERRY CT OAK BROOK WY END 20,413
10 BLUEBELL DR BURCHELL RD COUNTRY DR 27,280
11 BOGIALA WY MARSANNE LN DE ANZA PL 27,000
12 BRIARBERRY LN RANCHO HILLS DR PHEASANT DR 57,460
13 CALLE DEL REY LERMA LN LONG MEADOW DR 52,515
14 CAMERON BLVD HWY 152 VENTURE WY 202,000
15 CAMINO ARROYO GILMAN RD ARROYO CIR 27,342
16 CAMINO ARROYO ARROYO CIR END 58,396
17 CHAPPELL CT END CHURCH ST 11,523
18 CHARLES LUX DR CIMINO ST TENTH ST/CHARLES LUX DR RAB 22,500
19 CHURCH ST LONDON DR TENTH ST 64,636
20 CIMINO ST LUCHESSA AVE CHARLES LUX DR 28,670
21 CINNAMON WY PEPPERMINT ST CULDESAC SOUTH 43,840
22 CLOVE PL CINNAMON ST COBBLESTONE CT 8,320
23 COBBLESTONE CT/THIRD ST RAB THIRD ST THIRD ST 4,160
24 COLONY CT RANCHO HILLS DR END 6,028
25 COLUMBINE CT MANTELLI DR END 15,808
26 CUMBERLAND DR MILLER AVE ORCHARD DR 34,558
27 CYPRESS CT WEST WOOD DR CUL DE SAC 54,400
28 DAWN WY END MESA RD 37,272
29 DE ANZA PL TENTH ST LOPEZ WY 17,640
30 DELTA CT END DELTA DR 8,245
31 DURANGO LN WAGON WY ARAPAHO DR 19,670
32 EL TORO WY HANNA ST LA COCHE WY 10,582
33 ELECTA CT LAS ANIMAS AVE CUL DE SAC 20,988
34 ERVIN CT MONTEREY ROAD CUL DE SAC 8,330
35 FANTAIL WAY HUMMINGBIRD LANE WREN AVE 8,750
36 FINCH LN TWINBERRY WY LOGANBERRY DR 20,604
37 FINE DR RIDGEWAY DR LEARNARD WY 7,106
38 FOREST ST EIGHTH ST SIXTH ST 48,000
39 GEORGETOWN PL END PRINCEVALLE ST 18,531
40 GILMAN RD ROGERS 560' E/O CAMINO ARROYO 84,080
41 GLENWOOD DR EL CERRITO WY WELBURN AVE 23,199
42 GOSHAWK CT END LOGANBERRY DR 17,610
FY23 Citywide Pavement Maintenance Project Street Segments
ATTACHMENT 1
10.5.b
Packet Pg. 208 Attachment: SB1 Street Segments (FY23) [Revision 1] (3768 : LSR SB 1 Funding for FY 2022-2023)
Segment No. Street Name From To
Area
(SF)
FY23 Citywide Pavement Maintenance Project Street Segments
43 GRANT CT MURRAY AVE END 14,037
44 GRASSLAND WY/THIRD ST RAB THIRD ST THIRD ST 4,160
45 GREYSTONE CT KERN AVE END 17,916
46 HACIENDA DR ORTEGA CIR END 44,246
47 HANNA ST WELBURN AVE END 30,525
48 HERITAGE WY LIONS CREEK DR SOLEDAD ST 12,005
49 HIRASAKI AVE LONG MEADOW DR END 14,400
50 HOGAN WY END SADDLER DR 24,520
51 IRISH CT END PARISH WY 10,044
52 JACARANDA WY SOUTH END NORTH END 27,051
53 LA ALONDRA WY WREN AVE WELBURN AVE 28,416
54 LA PALOMA WY WREN AVE WELBURN AVE 36,704
55 LA PRIMAVERA WY WREN AVE TAOS WAY 28,458
56 LARIAT DR SAGE HILL DR ARAPAHO DR 22,995
57 LAS ANIMAS AV MONTEREY RD ROAD ARROWS 20,468
58 LEARNARD WY MANTELLI DR BRENTWOOD LN 19,176
59 LOGANBERRY DR PARTRIDGE DR PHEASANT DR 46,580
60 LONE DEER WY LONGMEADOW DR END 16,166
61 LONE OAK LN/THIRD ST RAB THIRD ST LONE OAK LN 4,320
62 LOPEZ WY CHARLES LUX DR DE ANZA PL 31,320
63 LUCHESSA AVE CIMINO ST GREENFIELD DR 40,880
64 LUCHESSA AVE THOMAS DR GREENFIELD DR 136,391
65 LUCHESSA AVE MILLER AVE TENTH ST/LUCHESSA AVE RAB 21,600
66 LUCHESSA AVE THOMAS DR END OF BRIDGE EAST 16,960
67 LUPINE CT END LIONS CREEK DR 13,611
68 MANTELLI DR END LARKSPUR LN 155,496
69 MANTELLI DR LARKSPUR LN RANCHO HILLS 70,136
70 MANTELLI DR CALLE DEL REY SANTA TERESA BLVD 76,275
71 MAPLE ST SEVENTH ST SIXTH ST 27,984
72 MARSANNE LN BOGIALA WY LOPEZ WY 10,800
73 MILLER AVE SANTA TERESA BLVD UVAS PARK DR 163,692
74 MOCKINGBIRD LN RED HAWK DR PHEASANT DR 15,096
75 MONTE BELLO DR SANTA BARBARA DR WREN AVE 56,462
76 NAGAREDA DR FOREST DR MURAOKA DR 23,670
77 NIGHTINGALE DR VICKERY AVE WREN AVE 38,500
78 NINTH ST PRINCEVALLE ST CHURCH ST 68,840
79 OKEEFE CT HOPI LN E. END CDS 22,155
80 OLD GILROY ST CHESTNUT ST CROCKER LN 46,508
81 OLEA CT W END CDS E END CDS 21,357
82 ORINDA WY MARIPOSA ST LONG MEADOW DR 21,456
83 OTOOLE CT PETERSEN DR END 7,578
84 OUSLEY DR MUIR DR SOLIS DR 30,492
10.5.b
Packet Pg. 209 Attachment: SB1 Street Segments (FY23) [Revision 1] (3768 : LSR SB 1 Funding for FY 2022-2023)
Segment No. Street Name From To
Area
(SF)
FY23 Citywide Pavement Maintenance Project Street Segments
85 PARTRIDGE DR END CALLE DEL REY 35,405
86 PEACOCK CT CALLE DEL REY END 8,585
87 PEPPERMINT ST COBBLESTONE ST CINNAMON ST 9,600
88 PHEASANT DR THISTLE WY CALLE DEL REY 51,000
89 POLK CT MURRAY AVE END 14,565
90 PUEBLO CT ZUNI LN W. END 15,363
91 RANCHO HILLS DR CARRIAGE DR VALLEY OAKS DR 40,005
92 RANCHO HILLS DR VALLEY OAKS DR LONG MEADOW DR 65,160
93 RANCHO HILLS DR LONGMEADOW DR 347' N/O LONGMEADOW DR 15,268
94 RANCHO HILLS DR 347' N/O LONGMEADOW DR END 130,944
95 RASPBERRY CT OAK BROOK WY END 22,642
96 REA ST FOURTH ST SECOND ST 40,932
97 RED HAWK DR MOCKINGBIRD LN CALLE DEL REY 17,510
98 RENZ LN CAMINO ARROYO CUL DE SAC EAST 74,032
99 RIDGEWAY DR RANCHO HILLS DR FINE DR 29,376
100 RONAN AVE WREN AVE CHURCH ST 48,510
101 ROYAL WY FILBRO DR IMPERIAL DR 7,840
102 SAGE HILL DR RODEO DR BENBOW DR 23,240
103 SAGEWOOD CT RED HAWK DR NORTH END (CUL-DE-SAC) 6,460
104 SENEGAL CT CUL DE SAC LOGANBERRY DR 16,116
105 SIXTH ST 308 E/O CHESTNUT ST ROGERS LN 12,280
106 SNOWBERRY CT OAK BROOK WY END 20,611
107 SOLEDAD ST 248' S/O LERMA LN LERMA LN 8,680
108 SOLEDAD ST HERTIAGE WY 248' S/O LERMA LN 10,914
109 SOUTH EGRET CT END CREST HILL DR 6,613
110 ST CLAR AVE KERN AVE AVEZAN WAY 12,954
111 STEPHAN CT PRINCEVALLE ST END 18,061
112 SWALLOW LN TWINBERRY WY LOGANBERRY DR 22,202
113 TAOS WAY RONAN AVE LA PRIMAVERA WAY 22,417
114 TAPESTRY WY SUNRISE DR N. END 24,885
115 TENTH ST/CHARLES LUX DR RAB TENTH ST NORTH TENTH ST SOUTH 5,120
116 TENTH ST/LUCHESSA AVE RAB LUCHESSA AVE WEST LUCHESSA AVE EAST 6,600
117 THISTLE WY PHEASANT DR BRIARBERRY LN 7,616
118 THOMAS RD 675' N/O OAK BROOK WY LUCHESSA AVE 6,765
119 THOMAS RD 105' N/O ALDER ST 255' S/O VINCA CT 9,477
120 TRAVEL PARK CIR BOLSA RD MONTEREY RD 48,645
121 TWINBERRY WY FINCH LN SWALLOW LN 7,650
122 VALBUSA DR SOLANA DR JACARANDA WY 32,095
123 VENTURE WY CAMINO ARROYO CAMERON BLVD 54,032
124 VISTA DEL SUR GATE RANCHO REAL 4,200
125 WESTWOOD DR S END THIRD ST 42,365
126 WREN AVE UVAS PARK DR SIXTH ST 43,248
3,954,676Total SF
10.5.b
Packet Pg. 210 Attachment: SB1 Street Segments (FY23) [Revision 1] (3768 : LSR SB 1 Funding for FY 2022-2023)