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01/28/2019 City Council - Regular Meeting Packet
January 23, 2019 4:43 PM City Council Regular Meeting Agenda Page1 MAYOR Mayor Roland Velasco COUNCIL MEMBERS Marie Blankley Dion Bracco Peter Leroe-Muñoz Carol Marques Fred Tovar Cat Tucker CITY COUNCIL AGENDA CITY OF GILROY CITY COUNCIL CHAMBERS, CITY HALL 7351 ROSANNA STREET GILROY, CA 95020 REGULAR MEETING 6:00 P.M. MONDAY, JANUARY 28, 2019 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 COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Persons wishing to address the Council are requested, but not required, to complete a Speaker’s Card located at the entrances. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. A minimum of 12 copies of materials should be provided to the City Clerk for distribution to the Council and Staff. Please limit your comments to 3 minutes. In compliance with the Americans with Disabilities Act, 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. A sound enhancement system is also available for use in the City Council Chambers. 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 held 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 existing facts and circumstances , there is a 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 for public inspection with the agenda packet in the lobby of Administration at City Hall, 7351 Rosanna Street during normal business hours. These materials are also 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. The City Council meets regularly on the first and third Monday of each month, at 6:00 p.m. If a holiday, the meeting will be rescheduled to the following Monday, with the exception of the single meeting in July which lands on the first day of the month not a holiday, Friday, Saturday or Sunday. City Council Regular Meeting Agenda 01/28/2019 Page2 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 or shawna.freels@cityofgilroy.org I. OPENING A. Call to Order 1. Pledge of Allegiance 2. Invocation 3. City Clerk's Report on Posting the Agenda 4. Roll Call B. Orders of the Day C. Employee Introductions II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations 1. Certificate in Recognition of Los Bomberos of Northern California 2. Proclamation Naming the Week of January 27 - February 2, 2019 Catholic Schools Week III. PRESENTATIONS TO THE COUNCIL 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 not on this 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 material provided by public members for Council agenda item “public comment by Members of the Public on ite ms not on the agenda” will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically.) City Council Regular Meeting Agenda 01/28/2019 Page3 IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco – Gilroy Downtown Business Association Board (alternate), Gilroy Sister Cities Association (alternate), Santa Clara Co. Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Joint Planning Advisory Committee (alternate), South County Regional Wastewater Authority, South County Youth Task Force Policy Team (alternate), Street Naming Committee Council Member Tucker –CalTrain Policy Group, General Plan Advisory Committee, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, Street Naming Committee , Visit Gilroy Board Council Member Blankley - ABAG, Cities Association of Santa Clara Co. Board of Directors (alternate), Economic Development Corporation Board, Gilroy Sister Cities Association, Gilroy Youth Task Force (alternate), SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Regional Wastewater Authority, VTA Board of Directors Alternate, VTA Policy Advisory Committee, VTA South County City Group Council Member Marques - Gilroy Downtown Business Association Board, Santa Clara Valley Habitat Agency Governing Board (alternate), Santa Clara Valley Habitat Agency Implementation Board (alternate), Silicon Valley Clean Energy JPA Board (alternate), URM Task Force Sub-Committee, VTA Committee for Transit Accessibility (alternate) Council Member Tovar –Santa Clara Co. Expressway Plan 2040 Policy Advisory Board, Santa Clara Co. Library JPA (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCVWD Water Committee (alternate), Silicon Valley Clean Energy JPA Board, South County Regional Wastewater Authority, South County United for Health, Street Naming Committee, VTA Committee for Transit Accessibility, VTA Policy Advisory Committee (alternate) Council Member Leroe-Muñoz - ABAG (alternate), CalTrain Policy Group (alternate), Gilroy Youth Task Force, Historic Heritage Committee, SCVWD Water Committee, Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force Policy Team, VTA Mobility Partnership Mayor Velasco - Cities Association of Santa Clara Co. Board of Directors, Economic Development Corporation Board, General Plan Advisory Committee, Gilroy Gardens Board of Directors, Historic Heritage Committee (alternate), South County Joint Planning Advisory Committee, South County Regional Wastewater Authority (alternate), URM Task Force Sub-Committee, VTA Mobility Partnership, VTA South County City Group (alternate) V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. 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 pu blic. Any person desiring to speak on any item on the consent calendar 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. City Council Regular Meeting Agenda 01/28/2019 Page4 A. Minutes of the January 7, 2019 Regular Meeting B. Certificates in Recognition of the 2019 Chamber of Commerce Spice of Life Awardees C. Adoption of an Ordinance of the City Council of the City of Gilroy Approving Zone Change Planned Unit Development for a Proposed Five- Story Mixed-Use Development on a Two-Acre Site Located at 8955 Monterey Road, APN: 790-14-025; Jan Hochhauser Applicant (Introduced 1/7/2019 with a 7-0 vote) D. Adoption of a Resolution of the City Council of the City of Gilroy to Declare Weeds and Refuse a Public Nuisance to Begin the Annual Weed and Refuse Abatement Process E. A Resolution of the City Council of the City of Gilroy Supporting the Installation of Two Gilroy Gateway Monument Signs Along State Highway 152 East of Cameron Boulevard and West of Burchell Road and Accepting all Future Maintenance Responsibilities F. Approval of the Extension of the Prequalified Consultant Selection List for Traffic Engineering Design and Operational Studies Support Services for an Additional Year Through March 20, 2020 G. Claim of MaryJanet V. Phan (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) H. Claim of Maria Felix (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) I. Acceptance of California Violence Intervention and Prevention Two-Year Grant Award in the Amount of $500,000 J. Approval of the Eighth Amendment to the Single Tenant Lease Agreement Between Gilroy Gardens Family Theme Park and the City of Gilroy Extending the Lease by One Year K. Notice of Acceptance of Completion of Property Improvement Agreement 2014-05, United Natural Foods West Incorporated (UNFI) VII. BIDS AND PROPOSALS A. Approval of an Amendment to the Agreement with Arrow Sign Company in the Amount of $108,066, with a 10% Project Contingency of $11,000 for the Wayfinding Signs Project 1. Staff Report: Girum Awoke, Public Works Director 2. Public Comment 3. Possible Action: Approve an amendment to the agreement with Arrow Sign Company in the amount of $108,066 with a project contingency of $11,000 for the Wayfinding Signs Project, and authorize the City Administrator to execute the agreement. VIII. PUBLIC HEARINGS A. Community Development Block Grant Funding Priorities for Fiscal Years 2019-2020 and 2020-2021 and Consideration of Amendments to Annual Action Plans City Council Regular Meeting Agenda 01/28/2019 Page5 1. Staff Report: Sue O'Strander, Deputy Director of Community Development 2. Disclosure of Ex-Parte Communications 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Continue the public hearing for funding priorities for CDBG and Housing Trust Funds (HTF) for FY 2019-2020 and FY 2020-2021 to February 4, 2019. IX. UNFINISHED BUSINESS - NONE X. INTRODUCTION OF NEW BUSINESS A. Review of Draft Board, Commission, and Committee Handbook 1. Staff Report: Shawna Freels, City Clerk 2. Public Comment 3. Possible Action: Receive report and provide direction to staff. XI. CITY ADMINISTRATOR'S REPORTS A. Presentation of Draft Crisis Communication Plan 1. Staff Report: Gabriel Gonzalez, City Administrator 2. Public Comment 3. Possible Action: Receive report and provide direction to staff. XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION - NONE ADJOURNMENT MEETING DATES JANUARY, 2019 28* Regular Meeting - 6:00 p.m., City Council Chambers FEBRUARY, 2019 4* Regular Meeting - 6:00 p.m., City Council Chambers 11* Special Meeting/Study Session - 6:00 p.m., City Council Chambers 19* Special Meeting/Study Session - 6:00 p.m., City Council Chambers 22* Special Meeting/Strategic Planning Session - 1:00 p.m., City Council Chambers 23* Special Meeting/Strategic Planning Session - 9:00 a.m., City Council Chambers 25* Regular Meeting - 6:00 p.m., City Council Chambers MARCH, 2019 4* Regular Meeting - 6:00 p.m., City Council Chambers 11* Special Meeting/Study Session - 6:00 p.m., City Council Chambers 18* Regular Meeting - 6:00 p.m., City Council Chambers City Council Regular Meeting Agenda 01/28/2019 Page6 APRIL, 2019 1* Regular Meeting - 6:00 p.m., City Council Chambers 8* Special Meeting/Study Session - 6:00 p.m., City Council Chambers 15* Regular Meeting - 6:00 p.m., City Council Chambers * meeting is webstreamed and televised Proclamation of the City of Gilroy Whereas, with the theme “Catholic Schools: Learn. Serve. Lead. Succeed” St. Mary School in Gilroy, and other Catholic schools across the nation are celebrating Catholic Schools Week from Sunday, January 27, through Saturday, February 2, 2019; and Whereas, St. Mary School provides quality education in the Catholic tradition to 270 students and their families annually; and Whereas, Catholic schools strive to foster the growth of the whole person in preparation for the future; and Whereas, Catholic schools encourage the understanding that character is not measured by wealth or prominence but by integrity, compassion and concern for others; and Whereas, Catholic schools are committed to reaching out to all children, regardless of heritage, religion, race, or economic status and, indeed, have made this commitment part of their mission; and Whereas, Catholic schools recognize the role of parents as the primary educators of their children, successfully involve parents and communities in support of Catholic schools, and encourage local creativity and excellence in education; NOW, THEREFORE, I, ROLAND VELASCO, Mayor of the City of Gilroy, and on behalf of the entire City Council, do hereby proclaim January 27 through February 2, 2019, as Catholic Schools Week and encourage all members of our fine community to recognize this observance. ____________________ Roland Velasco, Mayor 2.A.2 Packet Pg. 7 Communication: Proclamation Naming the Week of January 27 - February 2, 2019 Catholic Schools Week (Proclamations, Awards, and 1 City Council Meeting Minutes 01/7/2019 City of Gilroy City Council Meeting Minutes January 7, 2019 SPECIAL MEETING - 5:30 P.M. I. CLOSED SESSION Anticipated Litigation-Significant Exposure to Litigation Pursuant to Subdivision (c) of Government Code Section 54956.9 and Gilroy City Code Section 17A.11 (c) (2), One (1) Cases as Defendant Mayor Velasco called the special meeting to order at 5:35 p.m. Attendee Name Title Status Arrived Mayor Roland Velasco Mayor Present 5:29 PM Marie Blankley Council Member Present 5:32 PM Dion Bracco Council Member Present 5:32 PM Peter Leroe-Muñoz Council Member Present 5:30 PM Carol Marques Council Member Present 5:27 PM Fred Tovar Council Member Absent 6:29 PM Cat Tucker Council Member Present 5:27 PM There were no public comments and the Council adjourned to closed session at 5:36 p.m. The Council reconvened in open session at 5:45 p.m. INTERVIEWS Interviews for Open Seats on Boards, Commissions and Committees with Terms Expired or Vacant as of December 31, 2018 The Council interviewed candidates for Boards, Commissions and Committees. The Council adjourned the special meeting at 5:58 p.m. REGULAR MEETING 6:00 P.M. I. OPENING C. Call to Order The meeting was called to order at 6:06 PM by Mayor Roland Velasco 1. Pledge of Allegiance Mayor Velasco led the pledge of allegiance. 2. Invocation The invocation was given by Pastor Malcolm MacPhail of New Hope Community Church. 3. City Clerk's Report on Posting the Agenda 6.A Packet Pg. 8 Communication: Minutes of the January 7, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 2 City Council Meeting Minutes 01/7/2019 City Clerk Shawna Freels announced that the agenda had been posted on January 2, 2019 at 5:30 p.m. Attendee Name Title Status Arrived Mayor Roland Velasco Mayor Present 6:29 PM Marie Blankley Council Member Present 5:32 PM Dion Bracco Council Member Present 5:32 PM Peter Leroe-Muñoz Council Member Present 5:30 PM Carol Marques Council Member Present 5:27 PM Fred Tovar Council Member Present 6:29 PM Cat Tucker Council Member Present 5:27 PM D. Orders of the Day There were no agenda changes. E. Employee Introductions Public Works Director Awoke introduced newly hired employees Engi neering Inspector Mark Damey and Maintenance Worker Hector Esparza. Recreation Director De Leon introduced newly promoted Recreation Coordinator Kelly Bourke. Police Captain Espinosa introduced newly hired Records Technician Angelica Rangel, Management Analyst Patricia Vigil, Officer Alex Pruneda, and recently promoted Police Sergeant Kenny Elsworth. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations There were none. III. PRESENTATIONS TO THE COUNCIL There were no public comments on items not on the agenda. A. Physically Challenged Board of Appeals Annual Presentation The presentation was given by Chair Martha Johanson. B. Presentation of 2018 City Accomplishments City Administrator Gonzalez presented the video of 2018 accomplishments. IV. REPORTS OF COUNCIL MEMBERS Council Member Tovar congratulated the Bicycle Pedestrian Commission for earning the bronze bike friendly award. Mayor Velasco announced that the URM Task Force meeting had been postponement to the following week. V. FUTURE COUNCIL INITIATED AGENDA ITEMS There were none. VI. CONSENT CALENDAR (ROLL CALL VOTE) 6.A Packet Pg. 9 Communication: Minutes of the January 7, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 3 City Council Meeting Minutes 01/7/2019 RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker A. Minutes of the December 17, 2018 Regular Meeting B. Council Appointment of Members to Serve in Regional Representative Seats and Suggested Appointees to Serve on the Gilroy Economic Development Corporation Board, Gilroy Downtown Business Association Board and Visit Gilroy Board C. Selection of Mayor Pro Tempore D. Proclamation in Recognition of Retiring Employee Daniel Aldridge E. Approval of an Amended Final Map for Tract 10446 With the Filice Family Estate and Tri Pointe Homes, Inc., APN's 808-19-10 and 808-19-024 F. Approval of a Notice of Acceptance of Completion for the Las Animas Park Trail Rehabilitation Project No. 18-PW-247 G. Approval of Notice of Acceptance of Completion for the Christopher High School Aquatic Center Shade Structures Project No. 18-PW-244 VII. BIDS AND PROPOSALS There were none. VIII. PUBLIC HEARINGS A. An Interim Urgency Ordinance of the City Council of the City of Gilroy to be Adopted as an Urgency Measure Prohibiting the Approval of Multi-Family Residential Development Projects in Certain Zones in the City of Gilroy for a Period of Forty-Five (45) Days The staff report was presented by Senior Planner Ketchum. Mayor Velasco spoke on his communications with Al Pinheiro regarding the ordinance. Council Member Blankley reported that she had communicated with local developer James Suner regarding the ordinance. The public hearing was opened. Ron Kirkish spoke on the need for the delay, and need to protect the city from the county with low cost housing. Jan Hochhauser asked about the applicability to non-affordable housing multifamily projects. The public hearing was then closed. 6.A Packet Pg. 10 Communication: Minutes of the January 7, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 4 City Council Meeting Minutes 01/7/2019 Possible Action: Motion to read the ordinance by title only and waive further reading RESULT: APPROVE [6 TO 1] MOVER: Cat Tucker, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Leroe-Muñoz, Marques, Tovar, Tucker NAYS: Dion Bracco Possible Action: Motion to Adopt an Interim Urgency Ordinance 2019-01 of the City Council of the City of Gilroy to be adopted as an urgency measure prohibiting the approval of multi-family residential development projects in certain zones in the City of Gilroy for a period of forty-five (45) days RESULT: APPROVE [6 TO 1] MOVER: Cat Tucker, Council Member SECONDER: Marie Blankley, Council Member AYES: Velasco, Blankley, Leroe-Muñoz, Marques, Tovar, Tucker NAYS: Dion Bracco Possible Action: Direct staff to prepare a study with recommendations to strengthen the City’s policies and standards regarding the location, type, density and timing of future multi-family and affordable housing developments. RESULT: APPROVE [6 TO 1] MOVER: Cat Tucker, Council Member SECONDER: Marie Blankley, Council Member AYES: Velasco, Blankley, Leroe-Muñoz, Marques, Tovar, Tucker NAYS: Dion Bracco B. A Zone Change Planned Unit Development and Architectural and Site Review Request for a Proposed 78-Unit Five-Story Mixed-Use Development on a Two-Acre Site Located at 8955 Monterey Road, APN: 790-14-025; Jan Hochhauser Applicant (AS 16-19) (Z 17-03) (continued from 11/19/2018) The staff report was presented by Senior Planner Wu. Council Member Tucker disclosed that she had spoken with the applicant's representative Perry Woodward. Council Member Blankley disclosed that she had spoken with the applicant's representative Perry Woodward. Council Member Leroe-Munoz disclosed that he had met with the property owner and had spoken with the applicant’s representative Perry Woodward. The public hearing was opened. 6.A Packet Pg. 11 Communication: Minutes of the January 7, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 5 City Council Meeting Minutes 01/7/2019 Jan Hochhauser, applicant, spoke on the plaza features describing the decorative aesthetic enhancements to the site. He shared discussions with the community to provide a quality project. Bill O'Connor spoke on the parking needs of the project Ron Kirkish spoke on the plaza at the Alexander Street apartments describing the amenities that would be beneficial at the proposed project. Terry Graham spoke on the need for upkeep of the balcony areas of Alexander Street apartments explaining the concern for the frontage on Monterey Road. The public hearing was then closed. Possible Action: Motion to adopt a mitigated negative declaration and mitigation monitoring and reporting program for the Monterey Mixed-Use Development project, based on findings required by the California Environmental Quality Act (CEQA); and RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker Possible Action: Motion to read the ordinance by title only and waive further reading; and RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker City Clerk Freels read the ordinance title. Possible Action: Motion to introduce an ordinance of the City Council of the City of Gilroy approving zone change Z 17-03 a planned unit development for the 78-unit mixed-use Monterey Apartment Development, filed by Jan Hochhauser; and RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Dion Bracco, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker x 6.A Packet Pg. 12 Communication: Minutes of the January 7, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 6 City Council Meeting Minutes 01/7/2019 Possible Action: Motion to adopt Resolution 2019-01 of the City Council of the City of Gilroy approving the architectural and site application AS 16-19, a planned unit development architectural and site review for the construction of the 78 unit mixed-use Monterey Apartment Development, filed by Jan Hochhauser. RESULT: APPROVE [UNANIMOUS] MOVER: Dion Bracco, Council Member SECONDER: Marie Blankley, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker IX. UNFINISHED BUSINESS A. Adoption of an Ordinance of the City Council of the City of Gilroy Approving Zone Change Application Z18-05, a Planned Unit Development Zoning Amendment to Approve the Planned Unit Development Permit for Construction of the First Street and Kelton Drive Commercial Project Filed by Donald Vanni Land Company (Z18-05) (Introduced 12/3/18 with a 6-0-1 vote, Council Member Harney abstaining) The staff report was presented by Deputy Community Development Director O'Strander. There were no public comments. Possible Action: Adopt an ordinance of the City Council of the City of Gilroy approving zone change application Z18-05, a planned unit development zoning amendment to approve the planned unit development permit for construction of the First Street and Kelton Drive commercial project filed by Donald Vanni Land Company. B. Annual Appointments to City Boards, Commissions and Committees With Seats Vacant or Expired as of December 31, 2018 The staff report was presented by City Clerk Freels. There were no public comments. The Council appointed: Wendy Sue Kissa to the Arts and Culture Commission for a 4-year term, Francois Rothe and Todd Mazza to the Building Board of Appeals for 4-year terms, Patrick Flautt to the Bicycle Pedestrian Commission for a 4-year term, Laraine Spencer and Sally Armendariz to the Community and Neighborhood Revitalization Committee for 4-year terms, Brenda Flores, Manny Singh and Reid Lerner to the Housing Advisory Committee for 2-year terms, Katherine Robinson to the Library Commission for a 4 -year term, Diana Sanchez Bentz and Rebecca Scheel to the Open Government Commission for 4 -year terms, Leah McCarthy to the Physically Challenged Board of Appeals for a 4- year term, Linda Wieck to the Personnel Commission for a 4-year term, Amanda Rudeen and Peter Fleming to the Planning Commission for 4-year terms, Marcos Gonzalez to the Parks and Recreation Commission for a 4-year term, Michelle 6.A Packet Pg. 13 Communication: Minutes of the January 7, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 7 City Council Meeting Minutes 01/7/2019 Wexler to the Parks and Recreation Commission for a partial 3 -year term, Theresa Graham to the Parks and Recreation Commission for a partial 1 -year term, and Toby Echelberry as the City Historian. Possible Action: Appoint Members to Boards, Commissions and Committees with seats vacant or expired as of December 31, 2018. RESULT: APPROVE [UNANIMOUS] MOVER: Marie Blankley, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker X. INTRODUCTION OF NEW BUSINESS A. Fiscal Year 2018 Audit and Comprehensive Annual Financial Report The staff report was presented by Finance Director Forbis. Public comment was opened.. Bill O'Connor spoke on the unfunded liabilities related to pension, asking for a report of the total assets and total liabilities of the city. Public comment was then closed. Possible Action: Receive the Fiscal Year 2018 Audit and Comprehensive Annual Financial Report. RESULT: APPROVE [UNANIMOUS] MOVER: Peter Leroe-Muñoz, Council Member SECONDER: Fred Tovar, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker XI. CITY ADMINISTRATOR'S REPORTS City Administrator Gonzalez spoke on the planned sessions on budget, beginning at the February 4, 2019 meeting. XII. CITY ATTORNEY'S REPORTS There was no report. XIII. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 and Gilroy City Code Section 17A.8 (a) (4) Name/Title: Gabriel Gonzalez, City Administrator There were no public comments. The Council adjourned to closed session at 9:01 p.m. /s/ Shawna Freels, MMC City Clerk 6.A Packet Pg. 14 Communication: Minutes of the January 7, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) Certificate of Commendation The Mayor and City Council of the City of Gilroy Issues to Gilroy Chevrolet this Certificate in Recognition of your Distinction as the Gilroy Chamber of Commerce 2019Large Business of the Year During the 66th Annual Spice of Life Awards Celebration _________________ Mayor Roland Velasco 6.B Packet Pg. 15 Communication: Certificates in Recognition of the 2019 Chamber of Commerce Spice of Life Awardees (CONSENT CALENDAR (ROLL CALL Certificate of Commendation The Mayor and City Council of the City of Gilroy Issues to CAL SILK this Certificate in Recognition of your Distinction as the Gilroy Chamber of Commerce 2019 Small Business of the Year During the 66th Annual Spice of Life Awards Celebration _________________ Mayor Roland Velasco 6.B Packet Pg. 16 Communication: Certificates in Recognition of the 2019 Chamber of Commerce Spice of Life Awardees (CONSENT CALENDAR (ROLL CALL Certificate of Commendation The Mayor and City Council of the City of Gilroy Issues to Susan Mister this Certificate in Recognition of your Distinction as the Gilroy Chamber of Commerce 2019 Woman of the Year During the 66th Annual Spice of Life Awards Celebration _________________ Mayor Roland Velasco 6.B Packet Pg. 17 Communication: Certificates in Recognition of the 2019 Chamber of Commerce Spice of Life Awardees (CONSENT CALENDAR (ROLL CALL Certificate of Commendation The Mayor and City Council of the City of Gilroy Issues to Frank Angelino this Certificate in Recognition of your Distinction as the Gilroy Chamber of Commerce 2019 Man of the Year During the 66th Annual Spice of Life Awards Celebration _________________ Mayor Roland Velasco 6.B Packet Pg. 18 Communication: Certificates in Recognition of the 2019 Chamber of Commerce Spice of Life Awardees (CONSENT CALENDAR (ROLL CALL Certificate of Commendation The Mayor and City Council of the City of Gilroy Issues to Emily Diaz this Certificate in Recognition of your Distinction as the Gilroy Chamber of Commerce 2019 Educator of the Year During the 66th Annual Spice of Life Awards Celebration _________________ Mayor Roland Velasco 6.B Packet Pg. 19 Communication: Certificates in Recognition of the 2019 Chamber of Commerce Spice of Life Awardees (CONSENT CALENDAR (ROLL CALL Certificate of Commendation The Mayor and City Council of the City of Gilroy Issues to Clorinda Masoni Sergi this Certificate in Recognition of your Distinction as the Gilroy Chamber of Commerce 2019 Volunteer of the Year During the 66th Annual Spice of Life Awards Celebration _________________ Mayor Roland Velasco 6.B Packet Pg. 20 Communication: Certificates in Recognition of the 2019 Chamber of Commerce Spice of Life Awardees (CONSENT CALENDAR (ROLL CALL City of Gilroy STAFF REPORT Agenda Item Title: Adoption of an Ordinance of the City Council of the City of Gilroy Approving Zone Change Planned Unit Development for a Proposed Five-Story Mixed-Use Development on a Two-Acre Site Located at 8955 Monterey Road, APN: 790-14-025; Jan Hochhauser Applicant (Introduced 1/7/2019 with a 7-0 vote) Meeting Date: January 28, 2019 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Pamela Wu Pamela Wu Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐ Enhanced Public Safety RECOMMENDATION Adopt an Ordinance of the City Council of the City of Gilroy Approving Zo ne Change Planned Unit Development for a Proposed Five-Story Mixed-Use Development on a Two-Acre Site Located at 8955 Monterey Road. EXECUTIVE SUMMARY On January 7, 2019, the City Council considered a planned unit development (PUD) zoning amendment (Z 17-03) as part of entitlements associated with a proposed five- story mixed-use development on a two-acre site located at 8955 Monterey Road. Copies of prior staff reports are attached to this report for reference. At that meeting, the PUD ordinance was introduced to Council and supported by a vote of 7-0. 6.C Packet Pg. 21 Council is requested to adopt the attached ordinance consistent with its January 7, 2019 action to approve the project and related entitlement AS 16-19. Upon adoption, the ordinance will be in effect thirty (30) days from the date of Council action. Attachments: 1. 010719CC staff report 2. Nov 19 CC staff report 3. Z 17-03 Ordinance 6.C Packet Pg. 22 City of Gilroy STAFF REPORT Agenda Item Title: A Zone Change Planned Unit Development and Architectural and Site Review Request for a Proposed 78-Unit Five-Story Mixed-Use Development on a Two-Acre Site Located at 8955 Monterey Road, APN: 790-14-025; Jan Hochhauser Applicant (AS 16-19) (Z 17-03) (continued from 11/19/2018) Meeting Date: January 7, 2019 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Sue O'Strander Pamela Wu Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐ Enhanced Public Safety RECOMMENDATION a) Motion to adopt a mitigated negative declaration and mitigation monitoring and reporting program for the Monterey Mixed-Use Development project, based on findings required by the California Environmental Quality Act (CEQA); and b) Motion to read the ordinance by title only and waive further reading; and c) Motion to introduce an ordinance of the City Council of the City of Gilroy approving zone change Z 17-03 a planned unit development for the 78-unit mixed-use Monterey Apartment Development, filed by Jan Hochhauser; and d) Motion to adopt a Resolution of the City Council of the City of Gilroy approving the architectural and site application AS 16-19, a planned unit development architectural and site review for the construction of the 78 unit mixed-use Monterey Apartment Development, filed by Jan Hochhauser. 6.C.a Packet Pg. 23 Attachment: 010719CC staff report (1930 : 8955 Monterey Mixed-Use Apt project) EXECUTIVE SUMMARY The proposed request includes the approval of Architectural and Site Review permit (AS 16-19) and Zone Change for a Planned Unit Development (Z 17 -03) to construct a five- story mixed-use development including 78 residential apartment units and four commercial spaces on 8955 Monterey Road. On November 19, 2018, the City Council expressed concerns for insufficient time to fully review the proposed scope and continued it to January 7, 2019. In addition, the Council raised several questions regarding the proposed project. This report provides additional analysis on the project that focuses exclusively on Council’s recent questions. BACKGROUND At the November 19, 2018 meeting, the Council continued the item and raised questions regarding the project scope. Specifically, the Council requested additional information with the following areas: Question: Is the 8955 Monterey project an affordable housing project? Answer: No. The project is a market-rate project and the target rental rate is $3.25/s.f.. Question: Are there affordable units? Answer: Yes. There are nine (9) affordable units out of 78 units. The affordable units are required as part of the Density Bonus request. Question: Is there Measure A funding provided? Answer: No. The applicant has confirmed that the project is 100% privately funded. The current owner is Elite Development from Watsonville and has completed other similar projects in Watsonville, Bautista and Royal Oaks. Question: Can more affordable units be allowed after the approval is granted? Answer: No. Any change to the total number of affordable units would require additional review and Council’s approval as stated in condition #57. Question: How is this project different from the Monterey Gateway Senior housing project? Answer: The Monterey Gateway Senior housing project was approved as a 100% affordable project, providing housing for low-income seniors. The proposed project at 8955 Monterey project will include 15% affordable units and 85% market-rate units and the affordable units (15%) are required through the State Density Bonus provisions. 6.C.a Packet Pg. 24 Attachment: 010719CC staff report (1930 : 8955 Monterey Mixed-Use Apt project) Furthermore, the council asked the following questions where this report provides explanations and analysis that address these questions: Is the proposed development a market-rate or affordable project? Were the existing tenants made aware of the new proposal? Would the proposed rooftop terrace generate additional concerns to the nearby neighborhood? Is there any conflict with the Employment Center as identified in the draft 2040 General Plan? What is the proposed public amenity? The project demonstrates full compliance with the policies and standards stipulated in the City’s General Plan, Zoning Code, and State Density Bonus provision. On October 4, 2018, Planning Commission voted unanimously to recommen d City Council approval of the project as the development is well designed and can provide additional housing units to the community. The staff report and project analysis prepared for the November 19, 2018 City Council meeting is attached to this report. ANALYSIS 1) Market-rate vs. affordable project. The proposed development includes 69 market- rate units in addition to 9 affordable units that are required as part of the Density- Bonus request. Since the November meeting, the applicant has provided a target rental rate at $3.25/s.f for the 69 units. The chart below provides a summary of anticipated rent range for the project, in comparison to the current average rent in the City of Gilroy and the maximum rent that an affordable project can impose. Unit Type Average Unit Size Target Rental Rate ($3.25/s.f.) Average Gilroy Rental Rate per RENTcafe.com County-wide max affordable unit rental limit* 1-bedroom 650 s.f. $2,112 $1,890 $1,995 2-bedroom 900 s.f. $2,925 $2,101 $2,394 3-bedroom 1,200 s.f. $3,900 $2,500 $2,767 4-bedroom 1,800 s.f. $5,850 N/A $3,086 * HUD and California Tax Credit Allocation Committee (CTCAC) published maximum rent limit for projects at 80% income level in 2018. Based on the anticipated rents, the proposed development would not qualif y for any California Tax Credit Allocation Committee (CTCAC) funding but would be eligible for moderate-income families (80%-120% Average Median Income /AMI). If approved, the project would contribute 69 units towards the moderate-income category. This Regional Housing Needs Assessment (RHNA) category is where the City is falling short of satisfying. Currently, City of Gilroy has an allocation of 217 moderate-income units, but has only permitted 17 during the recent cycle. 6.C.a Packet Pg. 25 Attachment: 010719CC staff report (1930 : 8955 Monterey Mixed-Use Apt project) To further assure that the number of market-rate units for the development will not change, staff proposes to amend the proposed condition by including the following clarification: “57. Project Scope: Five-story mixed-use development that includes approximately 4,435 square feet of commercial space facing Monterey Road that can occupy up to four (4) businesses. 78 apartments units are located over the commercial uses that range from 1 to 4 bedroom units. Of the 78 residential units, 69 units are at market-rate and no more than 9 units will be available to lower-income households (low, very-low and extremely-low income) for a minimum of 55 years, as required by the State Density Bonus law. Any modification to the total number of affordable units provided onsite is subject to City Council’s approval. The development includes a Density Bonus request, for a 27.5% increase above the R4 density standards to achieve the total of 78 units. Nine of the units would be maintained as low-income affordable units. As part of the Density Bonus request, the applicant requests allowance for compact spaces as the project concession.” The applicant is aware of the revised conditions and has indicated to staff their acceptance and support of the amended clarifying language. 2) Existing tenants’ relocation. The site is currently developed with a church and a granite slab supply business. Demolition of these structures would be the first step in redeveloping the subject site. The applicant has made both tenants aware of the proposed project timeline. For examples, members of the church attended the October Planning Commission meeting to express their support of the proposed development. 3) Proposed rooftop terrace. The proposed rooftop terrace will be located on the 5th floor, in the center of the parcel, approximately 30-feet from either side. Surrounding residences are two-story, averaging 30-feet in height. With ample buffer from the property lines and existing mature trees, it would be difficult for anyone to see into the nearby residential neighborhood from the rooftop terrace. As such, the privacy would not be a concern. 4) Nearby employment center. The draft 2040 General Plan identified several Employment Centers in the Citywide Alternative B & C. Such areas are located on the east side of Monterey Road and north of Las Animas Avenue. In addition, a small area located on the west side of Monterey Road and north of Cohansey Avenue is under consideration for employment-supporting uses. These areas will not conflict with the proposed mixed-use development. 5) Public amenity. As part of the PUD application, a public plaza-like area will be created in front of the commercial stores along Monterey Road as a gathering place 6.C.a Packet Pg. 26 Attachment: 010719CC staff report (1930 : 8955 Monterey Mixed-Use Apt project) as an additional amenity. Preliminary conceptual drawings of such area are enclosed with this report. A short video demonstrating the public plaza will be presented and made available at the January 7, 2019 regular council meeting. Attachments: 1. Nov 19 CC staff report 2. Z 17-03 Ordinance 3. AS 16-19 Resolution 4. AS 16-19 CC Reso exhibit B 5. FULL SET 6. revised site plan 6.C.a Packet Pg. 27 Attachment: 010719CC staff report (1930 : 8955 Monterey Mixed-Use Apt project) City of Gilroy STAFF REPORT Agenda Item Title: Zone Change Planned Unit Development and Architectural and Site Review Request for a Proposed Five-Story Mixed-Use Development on a Two-Acre Site Located at 8955 Monterey Road, APN: 790-14-025; Jan Hochhauser Applicant (AS 16-19) (Z 17-03) Meeting Date: November 19, 2018 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Sue O'Strander Pamela Wu Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization Economic Development ☐ Customer Service ☐ Enhanced Public Safety RECOMMENDATION a) Motion to adopt a mitigated negative declaration and mitigation monitoring and reporting program for the Monterey Mixed-Use Development project, based on findings required by the California Environmental Quality Act (CEQA); and b) Motion to read the ordinance by title only and waive further reading; and c) Motion to introduce an ordinance of the City Council of the City of Gilroy approving zone change planned unit development Z 17-03 for the Monterey Mixed-Use Development project, subject to certain findings and conditions; and d) Motion to adopt a Resolution of the City Council of the City of Gilroy approving the architectural and site review permit AS 16-19 for the Monterey Mixed-Use Development project, subject to certain findings and conditions. EXECUTIVE SUMMARY Jan Hochhauser, on behalf of Elite Development Inc., requests the approval of Architectural and Site Review permit (AS 16-19) and Zone change for a Planned Unit 6.C.b Packet Pg. 28 Attachment: Nov 19 CC staff report (1930 : 8955 Monterey Mixed-Use Apt project) Development (Z 17-03) to construct a five-story mixed-use development including 78 residential apartment units and 4 commercial spaces on 8955 Monterey Road. The site is currently developed with a church and a granite slab supply business. Demolition of these structures would be the first step in redeveloping the subject site. The project demonstrates full compliance with the policies and standards stipulated in the City General Plan, Zoning Code and State Density Bonus provision. Planning Commission voted unanimously to recommend City Council approval of the project as the development is well designed and can provide additional housing units to the community. BACKGROUND Project Description: The project includes the construction of a five-story mixed-use development on an approximately 2-acre site at 8955 Monterey Road. Ground level commercial space facing Monterey Road is approximately 4,435 square feet and can occupy up to four (4) businesses. A total of 18 parking spaces will be installed to support the retail uses. At this time, no specific tenants have been identified for these areas, but possible business may include retail, small grocery store, professional offices, and/or small scale food service; assuming no additional parking demand would be generated based on the parking ratio of 1 space per 250 square feet of retail space. The project would also include public amenities such as a wider sidewalk (approximately 50-feet wide) with bus shelter, seating area and a public plaza-like space in front of the commercial units. Residential units located over the commercial uses would provide 78 apartments ranging from 1 to 4 bedroom units. The building is designed in the central-most area of the property and also steps back towards the front, where minimal impact on adjacent single-family homes will occur. As such, 24 units are located on each of the second and third floors of the building, with 18 and 14 units each on the fourth and fifth levels, respectively. Of the 78 residential units, 9 units would be made available to low-income households for a minimum of 55 years, as required by the State Density Bonus law. Common areas include a lobby, a social lounge, enclosed playground areas a multi- purpose room, an indoor gym, a laundry facility, bike storages and extra storage lockers for the residents. In addition, a rooftop terrace would provide a pleasant retreat and outdoor space for the residents. Elevators in two different areas would provide vertica l access to residents to their units. The rear of the building would be accessed through a set of the stairs. The development includes a Density Bonus request, for a 27.5% increase above the R4 density standards to achieve the total of 78 units. Nine of the units would be maintained as low-income affordable units. As part of the Density Bonus request, the applicant requests allowance for compact spaces as the project concession. Subject Property and Surrounding Land Uses: The subject site is currently 6.C.b Packet Pg. 29 Attachment: Nov 19 CC staff report (1930 : 8955 Monterey Mixed-Use Apt project) developed with a granite slab supply business (Granite Outlet) and a church (Iglesia Cristiana). The total site area is approximately 2.046 acre and is developed with several buildings. The subject site is located to the north of downtown Gilroy, just north of Liman Avenue, on the west side of Monterey Road. Across Monterey Road, to the east are the Union Pacific railroad tracks and vacant land. Planning Commission Recommendation: On October 4, 2018, the Planning Commission voted unanimously to adopt resolutions recommending approval of the proposed project. The Planning Commission staff report is included as an attachment to this staff report. Discussion and deliberation on the project included whether additional affordable units can be provided, whether the proposed laundry facilities and storage locker area are sized adequately for the residential needs onsite. Commissioners also discussed how parking would be enforced and monitored onsite, if adequate privacy is considered for the existing neighborhood from the proposed rooftop terrace. In conclusion, Planning Commission expressed high interest in permanently retaining the proposed pedestrian access from subject site to Weaver Court. As such, a special condition to emphasize the need to include the pedestrian connection was included in the final action. Other topics of discussion included the requirement of underground utility along Monterey Road frontage and the artistic elements of the proposed bike rack. Several members of the public, mostly from the existing church, spoke in support of the project. The discussion involved the possibility of hosting the existing church in the future commercial space should parking can be allowed at the adjacent pre -school site. The developer and church understand that if the church is to lease one of the commercial spaces, such proposal is not part of this approval and would require subsequent and separate review and analysis. ANALYSIS General Plan and Zoning Compliance: The project demonstrates full compliance with policies and standards stipulated in the City General Plan and Zoning Ordinance as the building conforms to the required setback, height limit and minimum parking requirement. The architectural design of the proposed building tapers from five -story elevation to three-story in the rear when the building is closest to the existing single- family residential neighborhood. As the building will be much taller than its surrounding structures, the design incorporates adequate buffer and landscaping to soften the urban presence to the adjacent single-family homes and one-story commercial structures. Mature canopy trees are proposed along Monterey Road, in front of the commercial stores, to enhance the building elevation to a more human -scale that can be inviting for pedestrian activity. In addition, the project complies with findings required to approve a planned unit development (PUD) combining overlay as it provides the opportunity for project designs that deviate from specific requirements of the City Code and other development 6.C.b Packet Pg. 30 Attachment: Nov 19 CC staff report (1930 : 8955 Monterey Mixed-Use Apt project) standards, where appropriate and justified. The project requests a commercial component with the approval of the proposed PUD zoning overlay. The proposal includes approximately 4,435 s.f. of commercial space on the ground level along Monterey Road where retail, office and/or small scale food services are anticipated. The commercial uses will serve both the onsite residents and nearby neighborhoods. As part of the PUD application, a public plaza-like area will be created in front of the commercial stores along Monterey as a gathering place as an additional amenity. Preliminary conceptual drawings of such area are enclosed with this report. As such, staff recommends approval by the City Council with the conditions included, as attached to this staff report. Density Bonus Ordinance: Pursuant to CA Government Code 65915, a density bonus request is allowed if at least “10% of the total units of housing development” are reserved “for lower income households.” The development proposes to include 15% affordable units. As such, the project qualifies for 27.5% density bonus above the R4 base zoning allowance, for a total of 78 units (61 units x 27.5%). With 15% low-income units proposed, the developer has requested 1 concession for the development. The requested concession is a modification to the parking space standard to allow compact parking spaces onsite. Although staff supports the requested concession to allow compact parking spaces onsite, staff is concerned that the combination of allowing tandem parking along with compact spaces may result in significant off -street parking impacts within the existing residential neighborhood. However, since tandem parking is allowed through Density Bonus provisions, the Council has no jurisdiction in recommending denial of this design. It is important to note that approval of the exception request is not discretionary under the Density Bonus law. In order to ensure that off -street parking and on-site circulation will not significantly impact the neighborhood, the applicant has submitted a parking management plan that was reviewed by staff to address the concern which will be incorporated into conditions of approval to ensure future enforceability. The parking management plan will require the onsite management company to monitor the resident parking practice and ensure that there is overflow parking occurring offsite, including Weaver Court. Environmental Assessment: In accordance with the California Environmental Quality Act (CEQA), an initial study was prepared to evaluate any potentially significant adverse effects of the proposed project on the environment. Specific required mitigation measures are included to reduce the impact to an insignificant level. As such, no significant adverse effects are expected to result from the proposed project, and the City Council can make findings to recommend adoption of the mitigated negative declaration (MND). Bicycle Pedestrian Committee (BPC): On July 26, 2016, the applicant presented the proposed project to the BPC with a special focus on pedestrian and bicycle aspects of 6.C.b Packet Pg. 31 Attachment: Nov 19 CC staff report (1930 : 8955 Monterey Mixed-Use Apt project) the proposal. The BPC supported the project with a list of recommendations made by Commissioner Marandos and seconded by Commissioner Muniz. The BPC recommended inclusion of bike route signage from the rear pedestrian exit of the project onto Weaver Court, then onto Woodworth Way towards Church Street. The BPC also recommended a bike lane along with related improvements on the project’s Monterey Street frontage, and a donation or pledge toward future bike lane improvements on Monterey Street when the road surface gets repaved by City. These recommendations have been included as conditions of approval as part of the Planning Commission action. The applicant requested an endorsement amendment from the BPC favoring access from the west end of the complex onto Weaver Court, then via Woodworth Way to the Church Street bike lanes. A motion for the additional endorsement was made by Commissioner Reedy and seconded by Commissioner Marandos. Gilroy Unified School District (GUSD): Project plans were routed to the GUSD for review and comments. GUSD representatives (discussion with Alvaro Meza on 8/22/2018) did not have concerns on the proposed project and noted the development falls within the following school boundaries: Antonio Del Buono Elementary School, South Valley Middle School and Christopher High School. Staff has confirmed with GUSD that these nearby schools will have capacity to serve additional students from the proposed project. In addition, Alvaro Meza from GUSD supports the rear pedestrian access for the project because this is the safest access point for Safe Routes to School. Alvaro also noted that if this pedestrian access point were to be removed, then additional 10-ft sidewalk for extra protection should be included in the improvement plans along project frontage on Monterey Rd. The additional 10-feet would provide extra protection for pedestrians when trees align the curb side on any 10 -ft sidewalk. ALTERNATIVES Some options for the City Council on this proposed development include: 1) Approval of the Architectural and Site Review (AS 16-19) and Zone Change for a Planned Unit Development (Z 17-03), as presented herein or otherwise modified at the Council’s discretion. The project demonstrates full compliance with the policies and standards stipulated in the City General Plan, Zoning Code and State Density Bonus provisions and the Planning Commission voted unanimously to recommend City Council approval of the project as the development is well designed and can provide additional housing units to the community. Staff recommends this action. 2) Denial of the Architectural and Site Review (AS 16-19) and of Zone Change for a Planned Unit Development (Z 17-03), as presented herein. Under Housing Accountability Act, Council must approve and support the proposed project if such housing project complies with applicable, objective general plan and zoning standards and criteria. State law also does not allow City Council the discretion to deny the requested Density Bonus. Staff does not recommend this action. 6.C.b Packet Pg. 32 Attachment: Nov 19 CC staff report (1930 : 8955 Monterey Mixed-Use Apt project) FISCAL IMPACT/FUNDING SOURCE Adequate fees were collected, thus no fiscal impacts are associated with this request for council’s consideration and determination. Collection of fees (as established by the City Council) for subsequent review of construction permits will cover the necessary resources at that time. NEXT STEPS Upon approval of the recommended action, staff would return with the ordinance for second reading and adoption at the next City Council meeting. After the effective date of the ordinance, the developer may proceed with processing building permits to begin construction of the approved plans. PUBLIC OUTREACH Property owner information (i.e. list, labels, and map) within 500 feet of the subject site were generated by DataPro Title Company using current ownership data. On October 24, 2018 notices of this City Council meeting were mailed to the property owners along within other interested parties. In addition, the property has been posted with on-site signage notifying passersby of pending development, and the City Council public hearing packets are available through the City's webpage. Two community outreach meetings were hosted by the developer o n June 18, 2018 and July 31, 2018, where planning staff attended the July 31, 2018 meeting. At the July 31, 2018 meeting, 2 neighbors were in attendance and a few questions regarding the development were discussed. Attachments: 1. Z17-03 CC Resolution 2. AS 16-19 CC Resolution 3. AS 16-19 CC Resolution Exhibit B 4. Project Plans 5. Revised site plan 6. Public plaza view 1 7. Public plaza view 2 8. Oct 4 PC staff report 9. BPC comments SRTS 8955 Monterey Rd Apartments 6.C.b Packet Pg. 33 Attachment: Nov 19 CC staff report (1930 : 8955 Monterey Mixed-Use Apt project) ORDINANCE NO. 2019-XX 4816-2517-3636v1 JH\04706089 ORDINANCE NO. 2019-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING ZONE CHANGE Z17-03, A PLANNED UNIT DEVELOPMENT ZONING AMENDMENT TO APPROVE THE CONSTRUCTION OF THE 78 UNIT MIX-USE MONTEREY APARTMENT DEVELOPMENT, FILED BY JAN HOCHHAUSER WHEREAS, Jan Hochhauser submitted a zone change request (“Z 17-03”) for a Planned Unit Development for the Monterey Apartment mix-use development project (“Project”); and WHEREAS, the subject property is located to the north of downtown Gilroy and is on the west side of Monterey Road, where Union Pacific railroad tracks and vacant land are on the east of subject parcel. (APN 790-14-025); and WHEREAS, the Mitigated Negative Declaration (MND) prepared for the Project determined that while the proposed Project would result in less than significant effects on the environment, the Project has been mitigated to a point where no significant effects will occur; and WHEREAS, said Z 17-03 was referred to various city departments, including the Technical Advisory Committee, for recommendations; and WHEREAS, the Planning Commission of the city of Gilroy has considered Z 17-03 on October 4, 2018, in accordance with the Gilroy Zoning Ordinance, and other applicable standards and regulations and recommended to the City Council approval of Z 17-03; and WHEREAS, on November 19, 2018 the City Council of the City of Gilroy considered the staff report along with testimony received at the duly-noticed public hearing and other materials and continued the public hearing for Z 17-03 to January 7, 2019; and WHEREAS, on January 7, 2019, the City Council of the City of Gilroy considered the staff report along with testimony received at the continued public hearing and other materials related to Z 17-03. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY HEREBY DOES ORDAIN AS FOLLOWS: SECTION I The City Council finds that the Project (Z 17-03) complies with all required findings of Gilroy City Code Section 30.50.50(d) for development plan approval in a PUD, as follows: a. The Project conforms to the Gilroy general plan policies and High Density Residential land use designation in terms of general location and standards of development. b. The Project provides the type of development which will fill a specific need of the surrounding area as it complies with the R4 zone district standards and land use types. 6.C.c Packet Pg. 34 Attachment: Z 17-03 Ordinance (1930 : 8955 Monterey Mixed-Use Apt project) ORDINANCE NO. 2019-XX 4816-2517-3636v1 JH\04706089 c. The Project will not require urban services beyond those currently available to serve the property which is an infill development site. d. The Project will provide a harmonious and integrated plan which justifies exceptions to the normal R4 zoning requirements by allowing a small 4,435 square foot commercial space for up to four businesses as part of the project (not exceeding 25% of the land uses). The mixed use commercial portion of the Project will be complementary in design, serve residents in the area, and remains in character with development along Monterey Street. e. The Project reflects an economical and efficient pattern of land uses as it is an infill development project that meets the intended R4-PUD density including a state density bonus and parking concession, complies with the building height and setback standards, is adjacent to residential development and has been designed to consider its relationship to adjacent land uses. f. The Project includes greater provisions for landscaping and open space that would generally be required including provision of a pedestrian path to connect the project with adjacent residential neighborhoods and provide a safe route to schools. g. The Project utilizes high quality design details that will create an attractive building designed to blend with the character of surrounding areas. h. The Project will not create traffic congestion, noise, odor or other adverse effects on surrounding areas. i. The Project will provide adequate access, parking, landscaping, trash and storage areas. SECTION II Z 17-03, is hereby approved subject to the following conditions: a. The Project (Z 17-03) shall be implemented consistent with the plans and materials submitted for concurrent application AS16-19. b. The Project (Z 17-03) is subject to all, restrictions and requirements established in Gilroy City Code Section 30.50.26 and 30.50.50 which address modifications, time limits, violations and revocations, and revisions. SECTION III If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. SECTION IV 6.C.c Packet Pg. 35 Attachment: Z 17-03 Ordinance (1930 : 8955 Monterey Mixed-Use Apt project) ORDINANCE NO. 2019-XX 4816-2517-3636v1 JH\04706089 Pursuant to section 608 of the Charter of the City of Gilroy, this ordinance shall be in full force and effect thirty (30) days from and after the date it is adopted. PASSED AND ADOPTED by the City Council on this ___ day of January, 2019 by the following vote: AYES: NOES: ABSENT: APPROVED: _____________________________ Roland Velasco, Mayor ATTEST: _____________________________ Shawna Freels, City Clerk 6.C.c Packet Pg. 36 Attachment: Z 17-03 Ordinance (1930 : 8955 Monterey Mixed-Use Apt project) City of Gilroy STAFF REPORT Agenda Item Title: Adoption of a Resolution of the City Council of the City of Gilroy to Declare Weeds and Refuse a Public Nuisance to Begin the Annual Weed and Refuse Abatement Process Meeting Date: January 28, 2019 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Sue O'Strander Miguel Trujillo Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development Customer Service ☐ Enhanced Public Safety RECOMMENDATION Adopt a Resolution of the City Council of the City of Gilroy declaring certain weeds growing in the City and accumulations of refuse in the City to be a public nuisance, describing said weeds and refuse which constitute such nuisance, and providing notice of the adoption of the resolution by publication thereof . EXECUTIVE SUMMARY The Gilroy City Code, Chapter 12, Article III, establishes a procedure for abatement of weeds and refuse. The annual weed and refuse abatement program includes an initial resolution declaring weeds and refuse a public nuisance . The resolution sets April 1, 2019 for a public hearing of the list of properties subject to abatement. The list created for public hearing includes lots identified as having had a weed or refuse problem in any one of the prior 3 years, and lots identified by inspection this current year as having unabated weeds or accumulation of refuse. Adoption of the list at the public hearing provides authority for the City (or its contractor) to perform the abatement work (of 6.D Packet Pg. 37 weeds and/or refuse) for the listed sites, and also provides for the cost to be recovered by adding it to the property tax as an assessment. BACKGROUND Pursuant to an agreement signed in 2010 between the City of Gilroy and the Santa Clara County Agriculture Commissioner’s Office, the County Vegetation Management Program has been implementing the weed abatement program as a contractor to the City. Under the agreement, all abatement activities are conducted by the County to include noticing, inspections, abatement fees, and inspection costs . The City is responsible for adopting necessary resolutions and conducting public hearings. PROGRAM DETAILS The list created for public hearing includes lots identified as having had a weed or refuse problem in any one of the prior 3 years, and lots identified by inspection this current year as having unabated weeds or accumulation of refuse. County staff will mail the initial abatement notice to identified property owners within 2 weeks of the resolution adoption. Required information in the weed abatement notice includes the public hearing date and instructions on proper abatement of the lots, and the deadline for abatement activities as May 15th. In addition, the notice also identifies the consequences for not meeting the deadline. All identified lots will be required to pay the initial inspection fee, currently set at $80. If a lot is abated by May 15, 2019 (abatement deadline), then additional fees will not be assessed (such as re-inspections fees or abatement oversight fees). The property owner is also subject to maintaining the lot abated and could incur inspection fees if the property becomes a nuisance again. All properties are required to be maintained free of fire hazards throughout the year to meet minimum safety standards. Once a lot has been identified, that lot will remain on the list for at least 3 years. Each property owner has an opportunity to have their lot removed from the list. For instance, a lot that has achieved three “compliant” years in a row, or a vacant lot that has since been developed and fully landscaped, may be removed from the list. After the initial outreach, the County will also send all property owners a reminder letter 30 days prior to the May 15th abatement deadline. After May 15th, the County will conduct inspections and notif y those property owners who have not abated their properties. For lots not in the Wildland Urban Interface (WUI) Hazardous Fire Area, the owner has two weeks to complete the work. If abatement is completed prior to the next inspection, these properties will not be subject to additional fees. The two week extension is not provided to properties in the WUI Hazardous Fire Area because these areas are considered a high fire hazard. Also, the Public Resources Code requires weed abatement in these areas without any extensions. For lots in the 6.D Packet Pg. 38 WUI Hazardous Fire Area, the County will immediately assign the lot for abatement by a private contractor. Any lot that is abated by the County will be assessed the inspection fee ($80), the failed inspection fee ($495) and the cost incurred by the abatement contractor, which is based on square footage of lot, as well as the abatement oversight cost ($806). Since program implementation in 2010, the number of lots on the County list fluctuates from year to year but the numbers have generally been reduced. The number of lots identified in Gilroy during 2017 totaled 288 properties, and was down to 166 properties for 2018. The list is currently at 174 for 2019. Key dates associated with this year’s program are as follows: January 28, 2019 City Council Resolution of Public Nuisance February 11, 2019* County Notification to Listed Property Owners April 1, 2019 City to consider List of Properties requiring abatement April 16, 2019* County Notification of Abatement Deadline May 15, 2019 Abatement Deadline May 30, 2019* County conducts initial inspections June 12, 2019* Extended Deadline for non-WUI properties only August 5, 2019* City Council to Authorize Assessments *Dates are approximate at this time, and provide an estimate as determined by responsible Agency. FISCAL IMPACT/FUNDING SOURCE The use of the County as a contract agency to carry out their portions of the program has been self-funded through cost recovery from property owners that have failed to abate their lots. The Fire Marshal’s office absorbs the staffing cost for coordination and communication with the County, the pre-hearing meeting when a property owner appeals the fees, and processing of the Council Resolutions and Public Hearings. If the County does not collect adequate funds to meet the program budget they will prorate the shortfall to the cities based on the percent of the properties from each City in the program. It will not be known until later in the year if there is a shortfall since abatement activity will be continuing through October. Historically the County has successfully collected these fees directly from the property owners and there have not been shortfalls charged to the cities receiving the services. NEXT STEPS 6.D Packet Pg. 39 If Council approves the resolution, the public hearing of lots needing abatement will be set for April 1, 2019. In addition, a report of the property assessments will be presented to the Council at a public hearing on August 5, 2019. Prior to the hearing, property owners are offered to contact the Fire Marshal to review any assessment that they believe is in error. A final list is then presented to the City Council for approval of the assessment. The County Property Tax Assessor will then place the fees on the next property tax bill as an assessment. PUBLIC OUTREACH As part of the annual program, Weed and Refuse Abatement notices are sent out twice to the property owners and shall clearly identify the requirements of the program. Properties that fail inspection are also notified by the County pursuant to the program requirements. Attachments: 1. Resolution 2019 Weed Abatement Initiation 2. 2019 Gilroy Commencment report 6.D Packet Pg. 40 1 RESOLUTION NO. 2019-XX RESOLUTION NO. 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN WEEDS GROWING IN THE CITY OF GILROY AND ACCUMULATIONS OF REFUSE IN THE CITY OF GILROY TO BE A PUBLIC NUISANCE, DESCRIBING WEEDS AND REFUSE WHICH CONSTITUTE SUCH NUISANCE, AND PROVIDING NOTICE OF THE ADOPTION OF THE RESOLUTION BY PUBLICATION THEREOF WHEREAS, certain weeds are growing in the City of Gilroy (“City”) upon the various streets, alleys, sidewalks and upon private property, which weeds bear seeds of a wingy or downy nature, or which may attain such growth as to become, when dry, a fire menace, or which are otherwise noxious and dangerous; and WHEREAS, certain refuse is accumulating in the City upon public and private property; and WHEREAS, said weeds and refuse constitute a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy as follows: 1. That such weeds and refuse do now constitute and will continue to constitute a public nuisance, and it is ordered that said public nuisance be abated in the manner provided by Article III of Chapter 12 of the Gilroy City Code. 2. That said nuisance exists upon all of the streets, alleys, sidewalks and private property within said City as shown, described and delineated on the several maps of the property in the City which are recorded in the Office of the County Assessor of the County of Santa Clara, reference in each instance for the description of any particular street, alley or private property being hereby made to the several maps aforesaid, and in the event of there being several subdivision maps on which said lots are shown, reference is hereby made to the latest subdivision map. 3. That it is ordered that Monday, the 16th of April 2019, at the hour of 6:00 o'clock p.m. in the Council Chambers of the City Council of the City, 7351 Rosanna Street, Gilroy, California, is hereby fixed as the time and place when objections to the proposed destruction or removal of said weeds and refuse shall be heard and given due consideration. 6.D.a Packet Pg. 41 Attachment: Resolution 2019 Weed Abatement Initiation [Revision 1] (1936 : Resolution to Declare Weeds and Refuse a Public Nuisance) 2 RESOLUTION NO. 2019-XX 4. That the Chief of the Fire Department of the City is hereby ordered and directed to cause notice of the adoption of this resolution and notice of said hearing to be given to all of the affected property owners at their stated mailing address on the latest tax assessor’s role, and also to be given in the manner and form provided in Sections 14.29 and 12.53 of the Gilroy City Code, and to cause said notice to be published in the City, at least ten (10) days prior to said hearing; and 5. That nothing in this Resolution prohibits the issuance of citations for violations of City Code Section 12.46 or City Fire Code with regards to Section 304.1.2. PASSED AND ADOPTED this 28th day of January, 2019 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ______________________________ Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk 6.D.a Packet Pg. 42 Attachment: Resolution 2019 Weed Abatement Initiation [Revision 1] (1936 : Resolution to Declare Weeds and Refuse a Public Nuisance) 2019 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYSitusAPNHY 783-01-033HY 783-02-026HY 783-03-002HY 783-03-003783-03-070cr 783-03-073cr 783-03-074RD 783-19-010783-21-065cT 783-37-015LN 783-45-044DR 783-46-030cT 783-46-037783-46-079cL 783-47-003cr 783-52-019DR 783-52-031wY 783-52-035cr 783-57-004LN 783-64-021LN 783-64-022sT 783-65-422LN 783-65-024CITY/STATE1705t73520050834083s0983590750216523350877287551950924623n233123549t2tHECKER PASSHECKER PASSHECKER PASSHECKER PASSNO SITUSWINTERWINTERMONTEREYNO SITUSGUAYMASHOLLYHOCKPERIWINKLEWILDROSENO SITUSSI-JNFLOWERFOXGLOVEWILD 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AGNIESZKAMONTENERO, JOHN AND NATALIYADO, NGOC BICH THI ET ALKOLLAREDDY USHARANI ETALSOSA, VICTORJAND DEBORAH LTHIEN, TRACYNRIASSOCIATES LLCLIU, HONGXUANBALAGANI, VENKAIA AND SUNITFIAPHAM,LAN ETALCACACACACACACACACACACACACACACACACACACACACACACA95020-00009s020-00009s020-000095020-779695020-000095020-000095008-233395123-36029s3409502394024-470995020-000095037-000095020-000095020-0000951229501495020-00009s136-24039s I l6-000095020-000095020-305495 127-000046 records oÍ 174Santa Clara County Weed Abatement ProgramPage26.D.bPacket Pg. 44Attachment: 2019 Gilroy Commencment report (1936 : Resolution to Declare Weeds and Refuse a Public 2019 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYSitusAPNCITY/STATE08983900522042203222322242243224492r0923092s092tt2273228322912282228122622241220221621591MIMOSAMIMOSAMIMOSABANYANBANYANBANYANBANYANBANYANBANYANMAHOGANYMAHOGANYMAHOGANYMAHOGANYBANYANBANYANBANYANGUNNERAGLTNNERACOLUMBINECOLUMBINECOLUMBINECOLUMBINELONGMEADOcr 783-72-036cr 783-72-437cT 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AND DIAN HKATTAN, SHALOMNGUYEN, PHU AND DOAN, LILYQUILICI, TODD ANDYVONNEPADMANABHAN, SUNDAR ANDNGUYEN, THUAN TUNGLE, LIEM QUANGLUEDTKE, GREGORY AND YOUNGGIHARzuS, VICKY CHONDASILVA, PAULAJAND JOHN BV/ATTS, GARY RAND YTING-NINGHOLDE& JOHN CAND KRISTI EKENNEDT JOHN D ETALKRUPA, STANISLAW TRUSTEE & ETWENDT, ROBERT G ETALBREWER, THOMAS EAND PATRICIAACACACACACACACACACACACACACACACACACACACACACACACA95136-206795037-000094306-282295037-00009408995020-00009500893906950089512t-255595020-00009453995t2195132-1744939079408095050-474995020-000095020-0000950459177395020-00009s020-000069 records of 174Santa Clara County Weed Abatement ProgramPage 36.D.bPacket Pg. 45Attachment: 2019 Gilroy Commencment report (1936 : Resolution to Declare Weeds and Refuse a Public 2019 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROY95t7t8877913091608505431431LAND0265255295305315836s135530577tl77507601Sif r¡s7201FARRELLRONANMONTEREYKERNKERNCHURCHWELBURNEL 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GILROYSif¡¡sEIGLEBERRYMILLERCHURCHIOTHROYALROYALROYALROYALROYALTHOMASNO SITUSSANTATERESAISTWESTBENASSIPONDEROSATHOMASHECKER PASSNO SITUSMESAFERNIEMURRAYAPNsr 799-10-442AV 799-24-024799-24-425sr 799,33-001sr 799-34-036wY 799-44-094wY 799-44-095wY 799-44-096wY 799-44-097wY 799-44-098RD 799-44-10979944-114BL 808-01-022sr 808-01-023AV B08-21-009DR 808-26-052DR 808-37-008RD 808-39-066RD 810-20-006üa-20-021RD 810-30-032cr 810-67-041AV 835-01-003CITY/STATESAN JOSEGILROYGILROYGILROYPALOALTOWATSONVILLEWAISONVILLEWATSONVILLEWATSONVILLEWATSONVILLEWAISONVILLEWATSONVILLECUPERTINOCUPERTINOGILROYGILROYGILROYSALT LAKE CITYCAMPBELLNEWPORT BEACHGILROYGILROYMONTE SERENO95127-43119s0209s02095020-6s089430495076950769s0769s076950769s0769507695014950149s0219s020-417895020477784150-3620950089262s95020-9s9s95020-000095030-222907560067008000000078901490107698780061512740075 l88605BAINS, JAGJIT SINGHTHOMA, MELINDAWAND PAUL FTHOMA, MELINDAWAND PAUL FMONSEF, CYRUSNAJAFI, HAMID AND SHAHRZADELITE DEVELOPMENTS 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TRUSTEEMACKIN, DAVID ETALZEPEDA,ALFREDO ANDGILROY SELF STORAGEPARTNERSGREEN, GEORGE EAND LYNDAMGREEN, GEORGE EAND LYNDAMGREEN, GEORGE EAND LYNDAMDO, HUONG MINH AND TRAN HUEGLANDER, CARMELLA R TRUSTEERAUSCHNOI MICHAEL TRUSTEE &CAND R DEVELOPMENTLLCUNION PACIFIC CORPORATIONCHARRON, STEVEN A TRUSTEEDRL PROPERTIES LLCLTNION BAY TNV CONARANJO, GEORGEARTIGA, JOSUE OTANG, ZHIÍTUI AND LIU, XIADARIAS-BARBA, TERESA ANDNGUYEN, HLING QAND LE, HONG TAADI CORPORATION707 MONROE STN0PoBoxl772I4OIO COLUMBETAV0 Po Box 3204241420 DUROUX RD0 P.o.Box 69913575 MAMMINI CT13575 MAMMINI CT13575 MAMMINI CT296 DELIA ST707 MONROE STN0 P.o. Box 6680 P.o. Box 668lOO3I FOOTHILLS BLVD1225 EMORY ST2545 MUIRFIELD WYI0476 LTNDBROOK DR77OO FOREST STI42O BRIARBERRY LN4785 PARK WEST DR7620 FOREST ST11485 NEWAVI3I5 ruLIAN STECACACACATXCACACACACACACACACACACACACACACACACACA138 records of 174Santa Clara County Weed Abatement ProgramPage 66.D.bPacket Pg. 48Attachment: 2019 Gilroy Commencment report (1936 : Resolution to Declare Weeds and Refuse a Public 2019 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYSifrrsLEV/ISFORESTLEV/ISMARTINCHESTNUTCHESTNUTSOUTHRENZALEXANDERNO SITUSSOUTHNO SITUSNO SITUSMONTEREYCHESTNUTCAMERONCAMERONCAMINONO SITUSNO SITUSNO SITUSNO SITUSsr 841-03-070sr 841-03-071sr 841-04-029sT 841-06-040841-06-062sr 841-07-427sr 841-07-043FY 841-10-039LN 841-10-047sr 841-13-021841-13-022FY 841-14-059841-14-A6A841-14-072RD 841-14-080sr 841-16-117BL 841-17-100BL 841-17-107841-17-111841-17-119841-17-121841 -1 8-086841 -1 8-087(-IT\¿/STATT',GILROYGILROYCOSTAMESALOS MOLINOSROSEVILLEGILROYGILROYSAN JOSEFRESNOROSEVILLEROSEVILLEROSEVILLEROSEVILLEROSEVILLEBENECIAGILROYLOS GATOSLOS GATOSBOSTONBOSTONBOSTONCAMPBELLCAMPBELL9s020-s22095020-52029262695055-95909s74795020-580695020-580695 l l 5-000s93722957479574795747957479574794s109s02095030-'72119s030-72t121t02n02n09s00895008APN3117610lll22207492747207007l0lCHARLES, JOE RAND CARMENAOLIVEzu, SALVATOREAGILROY LEWIS STREETL PLIU, DENG AND CHEN, SASHATINION PACIFIC CORPORATIONSANCHEZ, ELOY G AND ANGELICA MFERNANDEZ, FABIAN ETALPACIFIC GASAND ELECTRIC CONIJJA& KARAMJIT SINGH AND{INION PACIFIC CORPORATIONLTNION PACIFIC CORPORATIONL]NION PACIFIC CORPORAIIONUNION PACIFIC CORPORATIONLTNION PACIFIC CORPORATIONGARLIC FARM TRUCK CENTER LLCCHRISTOPHER, DONALD C TRUSTEEMCCARTHY GILROY LLCMCCARTHY GILROY LLCLINITED NATURAL FOODS WEST INCUNITED NATURAL FOODS WEST INCLINITED NATURAL FOODS V/EST INCSOUTH COUNTYVENS LLCSOUTH COI-INTY VENS LLC3I1 LEWIS ST7610 FOREST STI5I KALMUS DR STE J525855 CONARD LNSlOO3I FOOTHILLS BLVD7492 CHESTNUT ST7472 CHESTNUT STIII ALMADEN BLVD7755 GILROYAVI¡IOO31 FOOTHILLS BLVDIOO3I FOOTHILLS BLVDIOO3I FOOTHILLS BLVDIOO3I FOOTHILLS BLVDIOO3I FOOTHILLS BLVD5OOO 2ND STE G305 BLOOMFIELDAV2IOALMENDRAAV2IOALMENDRAAVIOO OLIVER ST FLR ISTHIOO OLIVER ST FLR ISTHIOO OLIVER ST FLR ISTH635 CAMPBELL TECH PY# IOO635 CAMPBELLTECH PY IOOCACACACACACACACACACACACACACACACACACAMAMAMACACA058706605690065036501l6l records oÍ 174Santa Clara County Weed Abatement ProgramPage 76.D.bPacket Pg. 49Attachment: 2019 Gilroy Commencment report (1936 : Resolution to Declare Weeds and Refuse a Public 2019 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYSifusNO SITUSHOLLOWAYCAMINOROSSIROSSILUCHESSATRAVELPARKTRAVELPARKTRAVELPARKOBATAMAYOCKOBATAOBATA841-53-066841-70-026841-74-449841-72-001841-72-042841-73-405841-75-411841-75-013841-7s-AM841-76-008841-76-022841-79-006841-79-017(]ITY/STATRSAN JOSESAN JOSENEWPORT BEACHLOS GATOSSAN MARTINWESTPALM BEACHLINCOLNBENICIABENICIAGILROYGILROYSARATOGAGILROY95121-27529s121-24339266095030-293395046-0000334069s64894s1094510950219s020-91779s07043049s020-0000APN85069705885586505980s920s97058470300380RDNGUYEN, THU TAMLOUGHRAN, ALEXANDEROLIVE CAMINOARROYOLLCFORTLTNA DEL TIEMPO LLCMELO, MANUEL M TRUSTEE & ETALLONESTAR CALIFORNI,q.INCHOANG, VINCEANTRIALI,ASHRAF HANDYASMINALI, ASHRAF HAND YASMINSALINAS, CARLHEINZEN, ALAN B TRUSTEE & ETALSEALAKE CORPORATIONSALINAS, CARLLTRUSTEE2673 MCLAUGHLIN AV237 LAUMERAV4675 }J4.AC ARTHUR CT STEI99IO SLTNSET DR1425 LAKEVIEW CTI5OI BELVEDERE RD5240 MONTEVERDE LN5OOO 2ND STE SUITE G5OOO 2ND STE SUITE G0 Po Box 15692482HOWELLLN2O3IOARGONAUT DR380 OBATACTCACACACACAFLCACACACACACACALNLNAVCLCLCLWYRDCTCT174 records oÍ 174Santa Clara County \ileed Abatement ProgramPage 86.D.bPacket Pg. 50Attachment: 2019 Gilroy Commencment report (1936 : Resolution to Declare Weeds and Refuse a Public City of Gilroy STAFF REPORT Agenda Item Title: A Resolution of the City Council of the City of Gilroy Supporting the Installation of Two Gilroy Gateway Monument Signs Along State Highway 152 East of Cameron Boulevard and West of Burchell Road and Accepting all Future Maintenance Responsibilities Meeting Date: January 28, 2019 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Nirorn Than Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐ Enhanced Public Safety RECOMMENDATION Adoption of a Resolution of the City Council of the City of Gilroy supporting the installation of two Gilroy gateway monument signs along State Highway 152 east of Cameron Boulevard at post mile 10.86 and west of Burchell Road at post mile 6.43. BACKGROUND In 2011, the City of Gilroy undertook a project to install wayfinding and Welcoming signs throughout the city. The first phase of this project was implemented in 2012. Based on the success of the original project, a solicitation was put out in 2015 to hire a contractor to manufacture and install 75 signs of varying size and type, which constituted the second phase of this project; Arrow Sign Company (Arrow) was hired for this contract. There are a total of 86 signs proposed to be installed around town. In a Phase I of the Wayfinding signs project, completed in 2016, 17 signs were installed. The first phase of the project was very well received and due to its success, a Request for Proposal (RFP) 6.E Packet Pg. 51 was issued and a new contract executed for the Phase II project in July 8 th, 2015. As of May 2018, 48 signs were installed within the City and County right-of-ways. To-date, there are 20 signs that remain to be installed in the state Right-of way and have to be approved through an Encroachment Permit application process. Caltrans has approved the installation of 18 signs out of the 20 remaining. Two of the signs are Gateway (Welcoming) signs and require an additional Caltrans approval process through the Gateway Monument Proposal. As part of this requirement, staff has prepared a resolution for council approval to accept the responsibility for installation and maintenance of these signs. ANALYSIS The two signs that are pending Caltrans approval are classified as Gateway Monument Signs. These two signs are located at the following locations: Along West Bound Highway 152 at Postmile 10.86 approximately 700 feet east of Cameron Boulevard (Exhibit A). Along East Bound Highway 152 at Postmile 6.43 approximately 50 feet west of Burchell Road (Exhibit B). These gateway monument signs require an additional process through the Gateway Monument Proposal. This process is required in addition to the normal encroachment permit application. As part of the application certification process, the City must provide a resolution from City Council supporting the proposed gateway monuments and designate proper responsibilities for all future maintenance and upkeep of these signs. FISCAL IMPACT Repair and maintenance costs will be incorporated into Public Works operating budget. CONCLUSION Staff recommends approve of the attached resolution in order to install these two signs. Attachments: 1. Exhibit A Gilroy Gateway Monument 1 2. Exhibit B Gilroy Gateway Monument 2 3. Resolution_Gilroy Gateway Monument Signs 6.E Packet Pg. 52 Sign No. 83 – Hwy 152 WB @ Silacci Way No Scale - Color Code - Red (State ROW Phase 4) - See Structural Detail A4.1A Note: Sign Foundation = 5' Depth x 2' Diameter minimum 6' offset from face of curb 83 6.E.a Packet Pg. 53 Attachment: Exhibit A Gilroy Gateway Monument 1 (1964 : Gateway Monument Resolution for Maintenance) Sign No. 94 – Hwy 152 EB @ Burchell Rd No Scale - Color Code - Red (State ROW Phase 4) - See Structural Detail A4.1A Note: Sign Foundation = 5' Depth x 2' Diameter A4.1A PLACE A4.1A SIGN 4'-0" BEHIND EXISTING GUARDRAIL. ALIGN SIGN WITH 4TH POST OF GUARDRAIL. A4.1A 4'-0" FROM EXISTING GUARDRAIL 6.E.b Packet Pg. 54 Attachment: Exhibit B Gilroy Gateway Monument 2 (1964 : Gateway Monument Resolution for Maintenance) RESOLUTION NO. 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SUPPORTING THE INSTALLATION OF THE TWO GILROY GATEWAY MONUMENT SIGNS ALONG STATE HIGHWAY 152 EAST OF CAMERON BOULEVARD AT POST MILE 10.86 AND WEST OF BURCHELL ROAD AT POST MILE 6.43 WHEREAS, City staff has been working with the Wayfinding Sign Committee since 2011 to develop a project to provide identification and a favorable image for the City. WHEREAS, these Gateway Monument Signs encourages and promotes enrichment of the cultural and visual environment for the transportation system users and Gilroy communities. WHEREAS, State Highway 152 is within the jurisdictional boundaries of the State of California Department of Transportation. WHEREAS, as a condition to approving the installation of two Gateway Monument Signs on California Department of Transportation (Caltrans) facilities, Caltrans require a resolution from the City Council that the City is responsible for maintenance and upkeep of the signs on Caltrans facilities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy supports the installation of these two Gateway Monument Signs along State Highway 152 east of Cameron Boulevard at post mile 10.86 and west of Burchell Road at post mile 6.43 and that the City is responsible for installation, traffic control, maintenance and upkeep, including graffiti abatement, and removal or restoration of the signs after its effective lifespan of 50 years. PASSED AND ADOPTED this 28th day of January 2019 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Roland Velasco, Mayor ATTEST: Shawna Freels, City Clerk RESOLUTION NO. 2019-XX 6.E.c Packet Pg. 55 Attachment: Resolution_Gilroy Gateway Monument Signs (1964 : Gateway Monument Resolution for Maintenance) City of Gilroy STAFF REPORT Agenda Item Title: Approval of the Extension of the Prequalified Consultant Selection List for Traffic Engineering Design and Operational Studies Support Services for an Additional Year Through March 20, 2020 Meeting Date: January 28, 2019 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Faranak Mahdavi Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐ Enhanced Public Safety RECOMMENDATION Approve an extension of the prequalified consultant selection list for traffic engineering design and operational studies support services, RFP No. 16-RFP-PW -236, for one additional year through March 20, 2020. BACKGROUND The City’s Public Works Department requires the assistance of consultants for engineering and design support services. The types of support services and expertise include traffic evaluation and warrant studies, traffic data collection, geometric design, and develop construction traffic control plans; engineering design for overcrossing and other capital improvement projects; special traffic studies, reports, surveys, and analysis; evaluation of current street configurations and design complete street projects, grants applications, updates to the City of Gilroy standard plans and specification to conform with Complete Streets and National Association of City Transportation Officials (NACTO) guidelines; reviewing current City bicycle and pedestrian routes and 6.F Packet Pg. 56 identifying new routes, and assist in applying for Safe Routes to School (SRTS) related grants; and developing guides in consultation with City staff to assist in preparing for HSR station development. In 2016, a request for qualifications (RFQ) for traffic engineering design and operational studies support services was advertised in the Gilroy Dispatch and the San Jose Mercury News. Sixteen proposals for the six (6) programs were submitted by the February 2, 2016 deadline. The submittals were reviewed and ranked based on the criteria listed in the RFQ. All of these firms provided well -presented proposals with thoughtful responses to the RFQ. Some of the firms submitted proposals for 1 or more of the programs. The following firms listed in random order: Hatch Mott MacDonald, Hexagon Transportation Consultants, Inc., TJKM Transportation Consultants, Biggs Cardosa Associates, Inc., Drake Haglan and Associates, Inc., HMH, Mark Thomas and Company, Iteris, Inc., Alta Planning and Engineering, and AECOM were selected as the best qualified consultants for the design and operational studies support services. Selecting multiple firms gives the City the opportunity to select a consultant that is best suited to a particular job, and to provide the efficiency of having multiple consultants working on multiple projects simultaneously. The prequalification process streamlines the consultant selection process for the various capital projects shown in the six-year Capital Improvement Budget and provides for design and operational studies support services on an as needed basis for a period of three years, with an allowance for two additional one-year extensions. The prequalified list of traffic engineering design and operational studies support services consultants was approved by Council on March 21, 2016. POLICY DISCUSSION There is a continued need for design and operational studies support services for the City’s capital projects. City staff has determined that the process to select the prequalified list of design and operational studies consultants is still valid and that the list of consultants approved by Council will still meet the needs of the City. The previous Council approval allows for two one-year extensions of the validity of the list. Staff recommends that Council approve the prequalified list for a first one-year extension as originally planned. This will extend the list of prequalified consultants through March 20, 2020. ALTERNATIVES Council may choose to deny this request to extend the short listed consultants and direct staff to put out a new solicitation. Staff does not recommend. Due to the time it takes to advertise, evaluate and select well qualified consultants, which will likely be a similar list. FISCAL IMPACT/FUNDING SOURCE Although, the City will generally save staff time and effort in not having to solicit a new 6.F Packet Pg. 57 request for qualifications, there is no fiscal impact by extending the validity period for list of prequalified construction management consultants. 6.F Packet Pg. 58 City of Gilroy STAFF REPORT Agenda Item Title: Claim of MaryJanet V. Phan (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: January 28, 2019 From: Gabriel Gonzalez, City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐ Enhanced Public Safety RECOMMENDATION Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the January 28, 2019 meeting: Claim of MaryJanet V. Phan Attachments: 1. Claim of MaryJanet V. Phan 6.G Packet Pg. 59 6.G.a Packet Pg. 60 Attachment: Claim of MaryJanet V. Phan (1976 : Claim of MaryJanet V. Phan) 6.G.a Packet Pg. 61 Attachment: Claim of MaryJanet V. Phan (1976 : Claim of MaryJanet V. Phan) City of Gilroy STAFF REPORT Agenda Item Title: Claim of Maria Felix (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: January 28, 2019 From: Gabriel Gonzalez, City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐ Enhanced Public Safety RECOMMENDATION Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the January 28, 2019 meeting: Claim of Maria Felix Attachments: 1. Claim of Maria Felix 6.H Packet Pg. 62 6.H.a Packet Pg. 63 Attachment: Claim of Maria Felix (1975 : Claim of Maria Felix) 6.H.a Packet Pg. 64 Attachment: Claim of Maria Felix (1975 : Claim of Maria Felix) City of Gilroy STAFF REPORT Agenda Item Title: Acceptance of California Violence Intervention and Prevention Two- Year Grant Award in the Amount of $500,000 Meeting Date: January 28, 2019 From: Gabriel Gonzalez, City Administrator Department: Police Department Submitted By: Scot Smithee Prepared By: Scot Smithee Patricia Vigil Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service Enhanced Public Safety RECOMMENDATION a) Authorize acceptance of the two-year California Violence Intervention and Prevention (CalVIP) grant award in the amount of $500,000 from the Board of State and Community Corrections, and authorize the City Administrator to execute all grant agreements and related documents; and b) Approve an appropriation of the first year CalVIP grant funds in the amount of $250,000 into the Fiscal Year 2019-20 Operating Budget and appropriate the $250,000 CalVIP second year funding into the Fiscal Year 2020-21 Operating Budget. EXECUTIVE SUMMARY The City of Gilroy (City) has been awarded a California Violence Intervention and Prevention grant (CalVIP) from the Board of State and Community Corrections (BSCC). The total award is in the amount of $500,000 over a period of two years. The CalVIP grant was submitted to the BSCC as a collaborative application along with entities of the 6.I Packet Pg. 65 South County Youth Task Force (SCYTF) and designated the City as the lead and fiscal agent in January 2018. The grant will provide funding for services in three targeted neighborhoods in the cities of Gilroy and Morgan Hill (two in Gilroy and one in Morgan Hill). The term of the grant is for two years from September 1, 2018 through December 15, 2020 and an allocation of $250,000 per year with a one-to-one fund matching requirement from the City and participating SCYTF collaborating partners. The recommended action is to authorize the City Administrator to accept the grant award, execute an agreement with the BSCC, implement and administer all requirements of the grant, and approve Fiscal Year 2019 budget appropriations. BACKGROUND In 2012 and 2013, the City of Gilroy led a collaborative effort that included the City of Morgan Hill, the County of Santa Clara, the Gilroy and Morgan Hill School Districts, and community based organizations to establish the South County Youth Task Force (SCYTF). The focus of the SCYTF at its inception was to intervene in the lives of youth to provide positive socialization opportunities as alternatives to criminal involvement and to deter them from at-risk behaviors and gang influences. At the onset of the SCYTF’s formation the City also received a California Gang Reduction, Intervention, and Prevention Grant (CalGRIP) award from the BSCC that enabled the City to solidify the SCYTF membership and structure. SCYTF created its first strategic plan that helped unite the collective missions of the task force’s membership around a single vision. From this unified effort, the City on behalf of the SCYTF applied for and received two additional CalGRIP grant awards from the BSCC between 2014 and 2017 for “Project REACH and Project ONE”. In 2017 the SCYTF approved a new strategic plan, titled “THRIVE: Transformation and Hope, Resiliency, Integrity, Voice, & Engagement – 2017-2020”. The new strategic plan was built on the foundation established from the inaugural SCYTF Strategic Plan – 2013-2017 and places an emphasis on sustainability beyond CalGRIP funding, strengthening existing capabilities, and filling in identified service gaps in prevention and violence de-escalation. THRIVE encompasses five violence prevention strategies meant to address the underlying causes of violence in targeted communities within the south county area. It is a guiding document for collaboration and for seeking f uture funding opportunities. The five THRIVE strategies are: 1. Improve and expand community building and violence prevention efforts, 2. Increase accessible safe places and after-school programs for children, youth and families, 3. Move community and police relations towards a restorative justice model, 6.I Packet Pg. 66 4. Increase street outreach and intervention, and 5. Continue to build capacity to improve effectiveness and collaboration of multi - agency partnerships. In 2017, a new BSCC grant program was approved by the State to repl ace the former CalGRIP program. The new program, California Violence Intervention and Prevention (CalVIP), focuses on community violence with an emphasis on prevention and intervention strategies that address community needs and effect positive change to t he community. Accordingly, the City on behalf of the SCYTF submitted a grant application titled “Project THRIVE” and utilized the THRIVE strategies as its model. The City was subsequently notified on July 10, 2018 by the BSCC of its intent to recommend the maximum award of $500,000 over two years pending board approval. The BSCC Board approved the award recommendation at its July 12, 2018 meeting. As the grant applicant, the City assumes responsibility as the lead agency with fiscal and administrative responsibilities for the grant. ANALYSIS The term of the grant is for two years, from September 1, 2018 through December 15, 2020 and an allocation of $250,000 per year with a one-to-one fund matching requirement. Partnering agencies committed to the successful implementation of Project THRIVE include the City of Gilroy, the City of Morgan Hill, Santa Clara County Probation and Behavioral Health Departments, and the membership of SCYTF. All one- to-one grant match requirements are provided through both in kind ma tches from existing approved operating budgets from the City and participating partner agencies and a cash match from the County of Santa Clara. The CalVIP Grant will provide services to three targeted “hotspot” geographic areas in the cities of Gilroy and Morgan Hill (two in Gilroy and one in Morgan Hill). The hotspots were defined as areas of influence, characterized by having highest poverty levels and low mobility (e.g. lack of transportation), high levels of unemployment, absence of meaningful jobs and career track opportunities, single parent households, higher levels of homelessness, welfare dependency and gang activity, and the lowest household median income levels in the respective cities. Various data sources from the cities, county agencies and school districts were used in qualifying the hotspot areas. Programs to be implemented in the hotspot areas from CalVIP funding will center on the following violence prevention strategies and programs and services: Project THRIVE Violence Prevention Strategy Proposed Programs or Services Community and Police Relations Citizen’s Academies, Community events/gatherings, Coffee with a Cop, Community and Police Engagement Strategy, Participation in Community 6.I Packet Pg. 67 Circulos Community Building and Violence Prevention Peace-making restorative circles and restorative practices, expansion of late- night gym with mid-night gym, Motivational interviewing, Joven Noble, Circulos Education and After School Programming Expansion of after school programs in affordable housing complexes, Botvin Life Skills, Mindfulness Street Outreach and Intervention Promotora model for community engagement and leadership development, Community Restorative Justice The BSCC Administration Grant Guidelines requires that its Standard Agreement be executed with the local governmental agency authorized to accept the grant and for agreement to its components, terms, conditions, and requirements of the grant program. Therefore, the following actions are recommended for approval to allow the City to accept and fully execute the Standard Agreement with the BSCC. STAFF RECOMMENDATION a) Authorize the City Administrator to accept the California Violence Intervention and Prevention (CalVIP) grant award in the amount of $500,000 from the Board of State and Community Corrections, b) Authorize the City Administrator or his designee to execute all actions and agreements necessary to administer and implement all requirements of the CalVIP grant, c) Approve an appropriation of the first year CalVIP grant funds in the amount of $250,000 into the FY 2019 Operating Budget, and ALTERNATIVES If the CalVIP Grant is not accepted, the City and participating SCYTF partners will not receive the $500,000 award from the BSCC and CalVIP services proposed for the targeted “hotspot” areas will not be provided. FISCAL IMPACT/FUNDING SOURCE Acceptance of the $500,000 CalVIP Grant award will increase the FY 2019 Operating Budget appropriation by $250,000. (SEE ATTACHMENT) All grant match requirements will be absorbed in the existing budget. There are no anticipated impacts on existing or future operating budgets. 6.I Packet Pg. 68 PUBLIC OUTREACH During the Project THRIVE strategic plan development a community engagement and outreach process was conducted in the spring of 2016 and focused on engaging current participants in areas that had been targeted in the inaugural 2013 plan. Four community forums were held in the cities of Gilroy and Morgan Hill along with strategic stakeholder group sessions for both the Policy and Technical Teams of the SCYTF. The entire process included participation of approximately 300 members of the community, policy makers, and stakeholders from both cities. Special focus groups for youth from both cities were also held to ensure their voices were heard and included in the strategic plan recommendations. Attachments: 1. CalVIP 2019 BUDGET 6.I Packet Pg. 69 ATTACHMENT FY 19 BUDGET APPROPRIATION FUND – 228 – CALVIP PD GRANT DEPARTMENT – 1400 POLICE ADMINISTRATION PROGRAM – 6316 CALIFORNIA VIOLENCE INTERVENTION & PREVENTION PROGRAM ACCOUNT BUDGET 4120 WAGES/PART TIME $ 43,200 0.5 FTE PROJECT COORDINATOR ($33,200) AND P/T UNBENEFITED RECREATION LEADER ($10,000) 4173 RETIREMENT (PART TIME) $ 500 GRANT REQUIRED PART TIME EMPLOYEE BENEFITS (TOTAL $1,260) 4174 MEDICARE $ 510 4178 UNEMPLOYMENT INSURANCE $ 100 4182 MISC DISABILITY INSURANCE $ 150 4215 CONTRACTUAL SERVICES $172,040 CBO CONTRACTUAL SERVICES ($127,040) PROGRAM EVALUATION ($25K) AND AFTERSCHOOL RECREATION EXPANSION CITY OF MORGAN HILL (20K) 4265 PROGRAM EXPENSES $ 9,500 COMMUNITY POLICE RELATIONS (ACTIVITIES, SERVICES & SUPPLIES) 4320 EQUIPMENT/FURNITURE $ 24,000 COMMUNITY POLICE SIMULATOR (EQUIPMENT) TOTAL: $250,000 6.I.a Packet Pg. 70 Attachment: CalVIP 2019 BUDGET (1923 : Acceptance of California Violence Intervention and Prevention City of Gilroy STAFF REPORT Agenda Item Title: Approval of the Eighth Amendment to the Single Tenant Lease Agreement Between Gilroy Gardens Family Theme Park and the City of Gilroy Extending the Lease by One Year Meeting Date: January 28, 2019 From: Gabriel Gonzalez, City Administrator Department: Administration Submitted By: Gabriel Gonzalez Prepared By: Gabriel Gonzalez Trevin Barber Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization Economic Development ☐ Customer Service ☐ Enhanced Public Safety RECOMMENDATION Approve the Eighth Amendment to the single tenant lease agreement between Gilroy Gardens Family Theme Park and the City of Gilroy extending the lease by one year, and authorize the City Administrator to execute the amendment and related documents. BACKGROUND The Gilroy Gardens Family Theme Park is currently leasing property owned by the City through a Single Tenant Lease Agreement (“Agreement”). The Agreement’s term is set to end on February 28, 2019. The original Agreement term was set for February 28, 2010, but has been extended seven times through amendments previously approved. ANALYSIS Attached to this staff report is the proposed Eighth Amendment to the Single Tenant Lease Agreement (“Eighth Amendment”). This amendment seeks to change the end of 6.J Packet Pg. 71 the term by extending the Agreement for a period of one year, to include the certified access specialist disclosure required under California Civil Code Section 1938, and to make such changes as necessary to ensure rental payments are due upon the end of the extension. ALTERNATIVES 1. Council may approve the Eighth Amendment, thereby extending the term of the Agreement an additional year. This alternative is recommended. By extending the agreement, the existing terms of the Agreement will continue to the benefit of the City and Gilroy Gardens. 2. Council may reject the Eighth Amendment. Not recommended. Should the term expire, the operations of Gilroy Gardens would become threatened while negotiations on a potential new agreement are undertaken. 3. Council may determine to modify the Eighth Amendment. Not recommended. Terms of the amendment would need to be identified and negotiated with Gilroy Gardens. This may present a risk to the agreement if terms could not be reached before the term of the Agreement is reached. FISCAL IMPACT/FUNDING SOURCE The proposed extension does not enhance or diminish the fiscal impacts of the Agreement as previously amended. The proposed extension would only continue the current fiscal agreement for one year. Attachments: 1. Eighth Amendment 6.J Packet Pg. 72 1 4835-1256-7430v1 SSCORDELIS\04706118 EIGHTH AMENDMENT TO SINGLE TENANT LEASE BETWEEN GILROY GARDENS FAMILY THEME PARK AND THE CITY OF GILROY This Eighth Amendment to Single Tenant Lease (“Eighth Amendment”) is made and entered into as of __________ __, 2019 (“Effective Date”), by and between GILROY GARDENS FAMILY THEME PARK, a Delaware nonprofit corporation, formerly known as Bonfante Gardens, Inc., (“Tenant”) and the CITY OF GILROY, a California municipal corporation (“Landlord”). Recitals WHEREAS, Landlord and Tenant are parties to that certain Single Tenant Lease, dated as of February 28, 2008, (“Original Lease”), as amended by that certain First Amendment to Single Tenant Lease, dated as of July 21, 2008 (“First Amendment”), as amended by that certain Second Amendment to Single Tenant Lease, dated as of July 28, 2009 (“Second Amendment”), as amended by that certain Third Amendment to Single Tenant Lease, dated as of April 6, 2010 (“Third Amendment”), as amended by that certain Fourth Amendment to Single Tenant Lease, dated as of June 5, 2012 (“Fourth Amendment”), as amended by that certain Fifth Amendment to Single Tenant Lease, dated as of November 4, 2014 (“Fifth Amendment”), as amended by that certain Sixth Amendment to Single Tenant Lease, dated as of September 21, 2016 (“Sixth Amendment”), as amended by that certain Seventh Amendment to Single Tenant Lease, having an effective date of February 28, 2018 (“Seventh Amendment”); and, WHEREAS, The Original Lease, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment and Seventh Amendment shall sometimes hereinafter be collectively referred to as the “Lease”. Pursuant to the terms and conditions of the Lease, Landlord leases to Tenant, and Tenant leases from Landlord certain real property located in Gilroy, California, which is improved with a horticultural education and theme park known as “Gilroy Gardens”, which was developed and constructed by Tenant and is more particularly described in the Lease; and, WHEREAS, The Sixth Extension Term (as defined in Section 2 of the Seventh Amendment) is scheduled to expire on February 28, 2019; and, WHEREAS, Landlord and Tenant desire to extend the Term of the Lease for a one (1) year period through and including February 29, 2020. 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. Defined Terms. All capitalized terms used herein, except as otherwise expressly provided herein, shall have the meanings ascribed to them in the Lease. 2. Extension of Lease Term. The Term of the Lease is hereby extended for a period of one (1) year, and shall expire on February 29, 2020 (“Seventh Extension Term”), unless sooner terminated in accordance with the terms of the Lease. 3. Counterparts; Facsimile Signatures. This Eighth Amendment may be executed in counterparts, each of which shall be deemed an original and which together shall constitute one instrument. The signatures of any party or parties on this Eighth Amendment transmitted by facsimile or electronic mail 6.J.a Packet Pg. 73 Attachment: Eighth Amendment (1994 : Gilroy Gardens Lease Amendment) 2 4835-1256-7430v1 SSCORDELIS\04706118 shall be deemed the same as an original signature and shall be binding on the party transmitting the same. 4. Lease Status. Tenant warrants, represents and certifies to Landlord that, to the best of Tenant's actual knowledge, as of the date of this Eighth Amendment: (a) Landlord is not in default under the Lease; and (b) Tenant does not have any defenses or offsets to payment of rent and performance of its obligations under the Lease as and when same becomes due. 5. Certified Access Specialist Disclosure. Landlord hereby makes the certified access specialist disclosure required under California Civil Code Section 1938, which disclosure is more particularly set forth in Exhibit “A” attached hereto. Exhibit “A” is incorporated into this Eighth Amendment by reference and made a part hereto. 6. Modification. Except as modified above the terms and conditions of the Lease shall remain unmodified and in full force and effect. In the event of any conflict or inconsistency between the terms of this Eighth Amendment and the terms of the Lease the terms of this Eighth Amendment shall control. (signatures appear on following page) 6.J.a Packet Pg. 74 Attachment: Eighth Amendment (1994 : Gilroy Gardens Lease Amendment) 3 4835-1256-7430v1 SSCORDELIS\04706118 IN WITNESS WHEREOF, the parties have caused this Eighth Amendment to be executed as of the dates set forth besides their signatures below. LANDLORD: TENANT: CITY OF GILROY GILROY GARDENS FAMILY THEME PARK By: ______________________ By: _________________________ City Administrator Executive Director Date: _____________________ Date: _________________________ By: ______________________ City Clerk Date: _____________________ Approved as to Form By: ______________________ City Attorney 6.J.a Packet Pg. 75 Attachment: Eighth Amendment (1994 : Gilroy Gardens Lease Amendment) 4 4835-1256-7430v1 SSCORDELIS\04706118 Exhibit “A” Certified Access Specialist Disclosure For purposes of California Civil Code Section 1938, Landlord hereby discloses to Tenant that, as of the Effective Date, to Landlord’s actual knowledge, the Premises have not undergone inspection by a Certified Access Specialist (“CASp”). Pursuant to California Civil Code Section 1938(e), Landlord hereby further discloses to Tenant the following: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” Notwithstanding the foregoing and/or anything to the contrary contained in the Lease (as amended), Landlord and Tenant hereby agree and acknowledge that, in the event Tenant desires to obtain a CASp inspection, then: (x) Tenant shall provide Landlord with no less than twenty (20) business days’ prior written notice and, upon receipt of such notice, Landlord shall have the right to, among other things, (i) select the date and time at which such inspection shall occur, and (ii) have one (1) or more representatives present during such inspection. (y) Tenant hereby agrees and acknowledges that it shall (x) provide Landlord with a copy of any and all findings, reports and/or other materials (collectively, the “CASp Report”) provided by the CASp immediately following Tenant’s receipt thereof, (y) at all times maintain (and cause to be maintained) the CASp Report and its findings (and any and all other materials related thereto) confidential and (z) pay for the CASp inspection and CASp Report at Tenant’s sole cost and expense. If Tenant receives a disability access inspection certificate, as described in subdivision (e) of California Civil Code Section 55.53, in connection with or following any CASp inspection undertaken on behalf, or for the benefit, of Tenant, then Tenant shall cause such certificate to be provided immediately to Landlord. (z) If the CASp Report identifies any violation(s) of applicable construction- related accessibility standards (“CASp Violation(s)”), Tenant shall immediately provide written notice to Landlord of any and all such CASp Violation(s). In such event, Tenant shall, at Tenant’s sole cost and expense, perform, or cause to be performed, any repairs, modifications and/or other work necessary to correct such the CASp Violation(s) (any such repairs, modifications and/or other work being collectively referred to herein as the “CASp Work”). Tenant shall commence (or cause the commencement of) such CASp Work no later than fifteen (15) business days after Landlord’s receipt of the CASp Report in accordance with the terms and conditions of the Lease (as amended). Tenant shall diligently prosecute (or cause to be diligently prosecuted) to completion all such CASp Work in a lien free, good and workmanlike manner, and, upon completion, obtain an updated CASp Report showing that the Premises then comply with all applicable construction-related accessibility standards. Any and all cost and expense associated with the CASp Work and/or the updated CASp Report (which Tenant shall provide to Landlord immediately upon Tenant’s receipt thereof) shall be at Tenant’s sole cost and expense. Without limiting the generality of the foregoing, Tenant hereby agrees and acknowledges that: (i) Tenant assumes all risk of, and agrees that Landlord shall not be liable for, any and all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys' fees) 6.J.a Packet Pg. 76 Attachment: Eighth Amendment (1994 : Gilroy Gardens Lease Amendment) 5 4835-1256-7430v1 SSCORDELIS\04706118 sustained as a result of the Premises not having been inspected by a Certified Access Specialist (CASp); (ii) Tenant's indemnity obligations set forth in the Lease (as amended) shall include any and all claims relating to or arising as a result of the Premises not having been inspected by a Certified Access Specialist (CASp); and (iii) Landlord may require, as a condition to its consent to any alterations, additions or improvements, that the same be inspected and certified by a Certified Access Specialist (CASp) (following completion) as meeting all applicable construction-related accessibility standards pursuant to California Civil Code Section 55.53. 6.J.a Packet Pg. 77 Attachment: Eighth Amendment (1994 : Gilroy Gardens Lease Amendment) City of Gilroy STAFF REPORT Agenda Item Title: Notice of Acceptance of Completion of Property Improvement Agreement 2014-05, United Natural Foods West Incorporated (UNFI) Meeting Date: January 28, 2019 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Jorge Duran Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐ Enhanced Public Safety RECOMMENDATION Approve the Notice of Acceptance of Completion for Property Improvement Agreement 2014-05, United Natural Foods West Incorporated (UNFI). EXECUTIVE SUMMARY United Natural Foods, Incorporated (UNFI), a national distributor of natural, organic, and specialty foods, has completed all project improvements identified in Property Improvement Agreement 2014-05 for construction of a regional warehouse and distribution facility project within the McCarthy Business Park. City staff has reviewed the completed project improvements, and recommends release of faithful performance and payment bond amounts by 90%. The remaining 10% maintenance bond will stay in effect to address any maintenance needs during the one year warranty period. BACKGROUND 6.K Packet Pg. 78 United Natural Foods West, Incorporated (UNFI), a national distributor of natural, organic, and specialty foods, has constructed a regional warehouse and distribution facility project within the McCarthy Business Park. The McCarthy Business Park, when it was approved in the year 2000 as the Wellington Business Park, included a series of transportation improvements as mitigation measures for the proposed development capacity authorized under the PUD Zoning. A special assessment district was formed, and the proceeds from the sale of bonds were used to fund various infrastructure improvements within and in proximity to the overall site. On June 2, 2014, City Council approved the general plan amendment, planned unit development, rezoning, and architectural and site permit allowing for the development of a warehouse, a distribution building and the abandonment of the Camino Arroyo right-of-way and for the dedication Cameron Boulevard through parcel APN 841 -17-115 [Ref: Resolution No. 2014-19] On June 16, 2014, United Natural Foods West, Incorporated obtain City Council approval for Property Improvement Agreement No. 2014 -05 for warehouse and distribution facility located at 6350 Camino Arroyo, APN 841-17-111, 112 and 115 [Ref: Agenda Item VI.E.] The developer has paid plan check and inspection fees, submitted bonding and insurance for the above referenced Property Improvement Agreement. DISCUSSION Chapter 21, Article III, Section 21.81 of the City Code allows the City Council to authorize the reduction in the payment and performance bonds 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 a nticipated issue with the installed improvements. The developer, United Natural Foods West, Inc., requests a reduction of PIA 2014 -05 Faithful Performance and Payment Bonds to a Maintenance Bond which is 10% of the bond value for the In-project improvements bond, reducing it from original $872,156.00 to $87,215.60. The original security provided for 100% of the estimated construction cost and payment for the Improvements, which consists of extension of the Water Distribution Systems, improvement of streets and Cameron Boulevard, installation of sewers, storm drains and other facilities. Recordation of Notice of Completion shortens the deadline for a mechanics lien or stop payment notice to be served on the City to 30 days for subcontractors and 60 days for 6.K Packet Pg. 79 the prime contractor, rather than up to 150 days should a Notice of Completion not be recorded. Once the Notice of Completion has ran its course the City reduces the Performance and Payment Bonds to a 10% of maintenance/warranty bond. The PIA improvements have been completed and inspections were conducted by the City of Gilroy. All punch list items have been completed and City inspectors have approved the construction. FINANCIAL IMPACT There are no financial impacts with this action. Attachments: 1. Vicinity Map - PIA 2014-5 NOC 2. PIA No. 2014-05 3. Notice of Completion - PIA 2014-05 6.K Packet Pg. 80 City of Gilroy 43,980 City of Gilroy, GIS Services 7,329.9 1:NAD_1983_StatePlane_California_III_FIPS_0403_Feet 3,664.97 Feet7,329.90 6.K.a Packet Pg. 81 Attachment: Vicinity Map - PIA 2014-5 NOC (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) s RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED, MAIL TO: Shawna Freels City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 DOCUMENT: 22689515 Pages: 25 Fees.... 97.00 Taxes... Copies. AMT PAID 97.00 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Attorney SPACE ABOVE THIS LINE FOR RECORDER'S USE) Property Improvement Agreement No. 2014 -05 Warehouse and Distribution Facility, Located at 6350 Camino Arroyo APN: 841 -17 -111, -112 and -115 United Natural Foods West, Inc. (UNFI) 1- 4852- 8456a019v3 TMOREW04706002 RDE # 008 8/27/2014 2.45 PM' June 16, 2014 6.K.b Packet Pg. 82 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) PROPERTY IMPROVEMENT AGREEMENT AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS: IMPROVEMENT OF STREETS AND CAMERON BLVD.: INSTALLATION OF SEWERS, STORM DRAINS AND OTHER FACILITIES Property Improvement Agreement No. 2014 -05 This Property Improvement Agreement ( "Agreement ") is made and entered into as of the 161' day of June, 2014, . by and between the City of Gilroy, a municipal corporation, herein called the "City," and United Natural Foods West, Inc. (UNFI), a. California corporation, herein called the "Developer ". WHEREAS, a parcel map (Site Clearance) of subdivision application has now been submitted to the City for approval and acceptance, covering certain real estate and property improvements known as.. and called UNFI Project ( "Project "); APN: 841 -17 -111, -112 and -115, and a legal description of which is attached hereto and incorporated herein as Exhibit "A" (the "Property "). WHEREAS, the developer is the owner of the property and those properties owned by UNFI require certain utilities and other 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 other 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, 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. 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, Resolutions, Rules and other Regulations and to comply with the foregoing and all applicable laws. b. To offer to dedicate to the City without charge, free and clear of relevant encumbrances, any and all 2- 4852- 8456- 5019v3 June 16, 2014 TMORELL104706002 6.K.b Packet Pg. 83 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) 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 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) ( "Claims ") 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. The City's city attorneys, Berliner Cohen, shall represent the City exclusively in connection with a proceeding involving any such Claims (subject to the remaining terms of this Section 2c). If Berliner Cohen declines to represent the City, or the City elects to engage a different firm to represent the City, in connection with such proceeding, the City and UNFI shall mutually select a firm to represent the City in connection with such proceeding, and neither the City's nor UNFI's approval with regard to the firm so selected shall be unreasonably withheld, conditioned or delayed. The City shall have and retain the right to make all significant decisions concerning the manner in which such counsel's defense of the City is conducted. Notwithstanding the foregoing, UNFI's indemnification obligations under this Section 2 shall not extend to the extent any such Claims arising or resulting from the City's gross negligence or willful misconduct. d. To construct and improve those certain utilities and facilities and other improvements described in the Opinion of Probable Cost attached as Exhibit B and as further described in the related improvement plans and specifications entitled "New Distribution Facility For United Natural Foods, Inc. ", as submitted to and approved by the City of Gilroy in furtherance of this Agreement and any modifications, amendments, and extensions thereof (collectively "Improvement Plans "), that are on file with the City of Gilroy (collectively, "Work "). All construction and improvements shall be completed in accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and Regulations, all applicable laws 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 Work 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 Work by Developer and acceptance of the Work by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the Work by Developer and acceptance of the Work by City, Developer may substitute for the performance bond securing maintenance described above, a separate maintenance bond issued by an admitted surety in the amount of ten percent (10 %) of the total contract price of the Work (provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one -year maintenance period. 3- 4852. 8456- 5019v3 June 16, 2014 TMORELL104706002 6.K.b Packet Pg. 84 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) The Payment Bond shall be in an amount not less than one hundred percent (100 %) of the total cost of the Work as set forth in the Opinion of Probable Costs (see Exhibit B). 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 Work 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 9100 so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Prior to the City Engineer's approval and execution of the Improvement Plans, 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. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees, including the tree impact fees and storm drain fees, which are payable by Developer pursuant to the attached comprehensive fee schedule are due and payable to the City prior to the recordation of the parcel map of subdivision for the Project. Upon approval of 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 f. At all times during the term of this Agreement and until the Work 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 Work 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 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 4- 4852- 8456- 5019v3 June 16, 2014 TMOREW04706002 6.K.b Packet Pg. 85 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) 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 two (2) years from and after the date and year of this Agreement first above written. Developer shall maintain the Work 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 material hazard to life or health or damage to property. SECTION 4 That the faithful and prompt performance by the Developer of each and every obligation contained herein to be performed by Developer 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 general stipulations set forth in Section 6 below (relating to the payment of reimbursement to the original Developer named in this Agreement rather than a successor), 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 assigns and all subsequent fees owners of the Property. In the event that more than one person or entity concurrently acts as the Developer at any time, the obligations of the Developer under this Agreement shall be imposed jointly and severally upon such parties. 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, except to the extent waived by City in the sole and absolute exercise of City's discretion. SECTION 6 That the following general stipulations shall be completed subject to the approval of the Public Works Director /City Engineer: Upon request by the city, UNFI or its successors shall construct the additional improvements on APN: 841 -17 -111, -112 and -115 parcel associated with the full build -out of Cameron Boulevard to a four -lane arterial street. This construction will be required at the time UNFI constructs Phase 2 of the development; however, the city can require that the additional improvements, including but not limited to public and private landscaping, fencing, and roadway improvements, be completed by UNFI or its successors in advance of the applicant's request for construction of the additional square footage associated with the project's Phase 2. 2. All work is to be performed in compliance with the City of Gilroy Specifications Standards and 5- 4852- 8456- 5019v3 June 16, 2014 TMORELL104706002 6.K.b Packet Pg. 86 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) Design Criteria, and the McCarthy Business Park Special Plan and Development Agreement and is subject to all laws of the City of Gilroy by reference. Street improvements and the design of all storm drainage facilities, sewer and water lines, and all street sections shall be in accordance with City Standards, and the McCarthy Business Park Special Plan and Development Agreement and shall follow the most current City Master Plan for streets, as approved by the City of Gilroy's Public Works Director /City Engineer. 3. The applicant shall obtain all necessary permits from federal, state, and local agencies as required to construct the proposed improvements including, but not limited to the Santa Clara Valley Water District's permit and Regional Water Quality Control Board. 4. The project shall adhere to the Mitigation Measures as stated in the UNFI Warehouse and Distribution Facility EIR, as applicable. 5. A Parcel Map with all required offers of dedications shall be filed with the Santa Clara County Recorder's Office with a copy transmitted to the City. Recordation of the Parcel Map shall include: a. The irrevocable offer of dedication of right -of -way for Cameron Boulevard to the most southerly property line; b. The irrevocable dedication of public service easements (PSEs) as shown on the June 2014 Parcel Map including, but not limited to, a 20' wide PSE along the southern property line between the easterly edge of Cameron Boulevard and the most easterly property line, a 20' wide PSE internal to Lot 3 connecting utilities along Camino Arroyo to Cameron Boulevard. C. Abandonment of the existing Camino Arroyo right -of -way south of the southerly Venture Way right -of -way line to the most southerly property line. d. The irrevocable dedication of public service easements (PSEs) as shown on the June 2014 Parcel Map to accommodate the relocation of the overhead utilities including a 40' wide Pole Line Easement along the north side of Lot 3 from the existing easement to the future Cameron Boulevard right -of -way and also from the future Cameron Boulevard right -of -way to connect with the existing Pole Line Easement at the southern property line. The abandonment of the existing 40' wide Pole Line Easement (579 -OR -309) shall be Quitclaimed by a separate instrument once the overhead lines have been undergrounded per Section 6, Item 6. 6. Upon request by the City, UNFI or its successors shall offer to dedicate to the City exclusive access to construct a public right of way over the easement that it has obtained on the Obata property (APN 841 -17 -084) in accordance with the terms and conditions set forth in that certain Easement Agreement executed by UNFI and the Grantor ( Obata), which is located immediately south of the main facility site for purposes of extending Luchessa Avenue to the east and for purposes of extending Cameron Boulevard to the south, such that the two roads intersect in accordance with approved street locations. UNFI or its tsuccessor shall not modify the easement benefiting UNFI, recorded as document number 22411142 with the Santa Clara County Recorder's Office, without first consulting and receiving written approval to do so from the City of Gilroy. 7. Construct the Cameron Boulevard bridge over the Princevalle Drain and all utilities supported by the bridge, along the extension of Cameron Boulevard and within the PSEs and as approved by and subject to any modifications approved by the City of Gilroy's Public Works Director /City Engineer. Construct the pedestrian/EVA bridge over the Princevalle Drain on the existing abutments located immediately south of the Camino Arroyo/Venture Way intersection and all 6- 4852- 8456- 5019v3 June 16, 2014 TMOREW04706002 6.K.b Packet Pg. 87 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) utilities supported by the bridge and within the PSEs, subject to the approval of the City of Gilroy's Public Works Director /City Engineer. The portion of the abutments not directly supporting the bridge shall be capped and the area landscaped with Phase 1, to the satisfaction of the City of Gilroy Public Works Director /City Engineer and Planning Manager. The applicant shall evaluate the safety and aesthetics of the abutments in providing to the city a recommendation as to whether and what type of rail and or fencing may need to be installed on the unused, capped abutments. The Public Works Director and Planning Manager must approve said plan to include or not include a fence or rail on the unused abutments. The pedestrian/EVA bridge, including the abutments, will be a private facility, located on the applicant's property, and shall be maintained by the applicant, with all liability associated with such improvements also resting with the applicant. The Cameron Bridge improvements are subject to City reimbursement policies under Item 22 of the general stipulations below and the City's Code. 8. Underground all overhead utilities within and crossing the site. The overhead electrical utilities within the 40' Pole Line Easement (579 -OR -309) along the east side of the property shall be relocated to the new Cameron Boulevard right -of -way prior to Phase I building occupancy. 9. Provide new traffic striping and traffic control signage along Camino Arroyo, Venture Way and Cameron Boulevard as shown on the Architectural and Site Plans dated April 1, 2014 and as approved by the City of Gilroy's Public Works Director /City Engineer. 10. Reconstruct the intersection of Camino Arroyo and Venture Way to replace the extension of Camino Arroyo with new sidewalk and a private industrial driveway in line with the southerly curb face of Venture Way as approved by the City of Gilroy's Public Works Director /City Engineer. 11. Standard vehicle access to the site is limited to the proposed driveway on Cameron Boulevard. An EVA access shall be provided at the extension of Camino Arroyo at Venture Way via a private industrial driveway. 12. Prior to occupancy, the detention and bio- retention facilities including, but not limited to the drainage swales, channels, bio - basins, sediment basins and storm drain systems shall be designed and functioning in accordance with RWQCB and City of Gilroy Standards and with the approval of the Director of Public Works /City Engineer. The following design criteria will be followed to the satisfaction of the Public Works Director: a. The capacity of the system shall be designed to provide for the future expansion of facilities as outlined and /or indicated on the Architectural and Site Plans dated April 1, 2014. b. The detention and bio- retention facilities are to be designed and constructed to be natural in appearance. Trees and shrubs planted along the new Cameron Boulevard shall be incorporated into the proposed detention and bio - retention facilities without detracting from the effectiveness of the facilities as determined by the Director of Public Works /City Engineer. d. The applicant shall provide verification that the proposed bioretention facilities in the two interceptor ditches on the west side of the site do not reduce the hydraulic function of the ditches. See condition #26 of the Conditions of Approval for more information related to this condition. e. The design requires the review and approval of the City of Gilroy's Public Works Department. 13. All storm drain run -off must be pre - treated prior to entering into public storm drain system. Pre- 7- 4852. 8456- 5019v3 June 16, 2014 TMOREW04706002 6.K.b Packet Pg. 88 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) treatment measures shall be reviewed and approved by the Engineering Division prior to start of construction. Storm drain treatment shall be in conformance with Section 27D of the Municipal Code. 14. Prior to start of construction, a SWPPP and an Erosion Control Plan is required for all development over 1 acre. The WDID# from the Regional Water Quality Control Board (RWQCB) shall be provided to the City. This project requires construction and post - construction water quality requirements per RWQCB. 15. Any work in the public right -of -way shall require a traffic control plan prepared by a licensed, professional engineer with experience in preparing such plans. The Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. Such plan shall be submitted at least ten working days prior to beginning any such work, and shall not initiate without approval of the City Traffic Engineer. 16. Upon request by the Public Works Director, the applicant shall submit vector based electronic files for the Parcel Map and Improvement Plans that are readable by AutoCAD and in PDF format. 17. Attached to this Agreement is an opinion of the probable cost of the Work (see Exhibit B). The Developer shall pay all applicable plan check and inspection fees for the Work, enter into this Agreement, and provide the required Payment and Faithful Performance Bonds. 18. Improvement plans are required for all on -site and off -site improvements. Prior to approval of the Improvement Plans, the following items will shall be completed: a. The developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground.) b. The developer shall negotiate right -of -way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. C. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. d. The City will collect the plan check and inspection fee for the utility underground work. 19. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: a. A professional engineer - signed and PG &E- approved original electric plan. b. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City Codes and Standards, and to the approved subdivision improvement plans. 20. The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Payment of Street Tree and Storm Development Impact Fees is required in accordance with the timing requirements set forth in the City's Code. Sewer, Water, Traffic, and Public Facilities Development Impact Fees are due at time of building permit. 21. Applicant or successors shall maintain open space, landscaping, storm water quality treatment basins, private streets and private utilities to the satisfaction of the Public Works Director and 8- 4852- 8456- 5019v3 June 16, 2014 TMORELL104706002 6.K.b Packet Pg. 89 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) Planning Manager. 22. 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. Copies of such reimbursement policies and ordinances in effect as of the date hereof have been provided to UNFI. The parties hereto agree and acknowledge that the reimbursements payable to Developer shall remain an obligation of the City until such reimbursements are paid in full. The parties further agree and acknowledge that such reimbursement payments shall be subject to the terms and conditions of this Agreement and the City's reimbursement policies and ordinances in effect from time to time. 23. The lowest floor shall be at least 1 foot higher than the base flood elevation, or 1 foot above the nearest high point in the drainage release path, or 2 feet higher than lowest top of curb, whichever is highest. See the related mitigation measure in the Final Environmental Impact Report for more information. 24. The Developer shall offer to dedicate a flood control easement over those areas identified as FCE R3) on the Parcel Map to Santa Clara Valley Water District ( SCVWD). Said easement dedication shall be completed through separate instrument and shall be executed prior to occupancy of the Project. Until said easement dedication between the Developer and SCVWD is executed, the Developer will allow the SCVWD to use, inclusive of repair, maintenance, and construction, the areas identified as flood control easements on the map for purposes of water supply, flood protection, and stream stewardship. SECTION 7 That the Development Cost Fee Schedule attached hereto as Exhibit C enumerates all fees relating to the Work. TOTAL AMOUNT DUE CITY $2,418,829.42 (Minimum, actual amount to be determined) Signatures Appear on the Next Page] 9- 4852 -8456- 5019v3 June 16, 2014 TMORELL104706002 6.K.b Packet Pg. 90 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) IN WITNESS WHEREOF, the City and UNFI have executed and delivered this Agreement as of the day and date first set forth above. CITY OF GILROY By: Thomas J. Haglund City A dministrator Date: Za ATTEST: Shawna Freels, City APPROVED AS TO FORM: ttorne A V-0 wv UNFI: By: Nam Title Date August 8, 2014 EXHIBITS EXHIBIT A — LEGAL DESCRIPTION EXHIBIT B - OPINION OF PROBABL COST EXHIBIT C — DEVELOPMENT COST FEE SCHEDULE 10- 4852- 8456 -50190 June 16, 2014 TMOREW04706002 6.K.b Packet Pg. 91 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) ACKNOWLEDGEMENT STATE /COMMONWEALTH OF COUNTY OF On this $ tt" day of pvc s 201 Y , before me, the undersigned notary public, personally appeared - -t- , , - A _ D-r-%k i , proved to me through satisfactory evidence of identification, which was photographic identification with signature issued by a federal or state governmental agency, a personal knowledge of the undersigned, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he /she signed it voluntarily for its stated purpose in his /her capacity as the `t , Proz 0,-rt. of UNFI. 6ficial seal) Notary P4blic Type or . nt ame: My commission expires- ACKNOWLEDGEMENT STATE/COMMONWEALTH COUNTY OF E6l -'116 5 ee a{ Ct Cfle—j aLLNoO let rne'a " P On this day of , 20 , be, ,'ore me, the undersigned notary public, personally appeared , prov to me through satisfactory evidence of identification, which was photographic identification with " atur issued by a federal or state governmental agency, personal knowledge of the undersigne , t be the person whose name is signed on the preceding or attached document, and acknowledged t that he /she signed it voluntarily for its stated purpose in his/her capacity official seal) Notary Public Type or Print Name: _ My commission expires: 11- 4852- 8456- 5019u3 June 16, 2014 TMORELL104706002 6.K.b Packet Pg. 92 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California CIVIL CODE § 1189 County of fan -i-at C(a ra f On + 20,2019 before me, n A a yCt , Date I Here Insert Name and Title of the Officer personally appeared SANDRA E. NAVA Commission i 1908181 Notary Public - California Santa Clara County MY Comm. Expires Nov 11, 2014 Place Notary Seal Above homc(s S. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,91 whose name) is /art subscribed to the within instrument and acknowledged to me that he /,5h6/tWy executed the same in his /b6r /thdi'r authorized capacityKs), and that by his /h0r /ter signature(21 on the instrument the person(s), or the entity upon behalf of which the person 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. Signature: Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): Individual Partner— Limited General Top of thumb here Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: Corporate Officer — Title(s): Individual Partner — Limited General Top of thumb here Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing C 2010 National Notary Association • NationalNotary.org • 1.800 -US NOTARY (1- 800 - 876 -6827) Item #5907 6.K.b Packet Pg. 93 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) EXHIBIT A LEGAL DESCRIPTION Real property in the City of Gilroy, County of Santa Clara, State of California, described as follows: PARCEL ONE: PARCEL A, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT 9570 MCCARTHY BUSINESS PARK ", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON AUGUST 30, 2006, IN BOOK 805 OF MAPS PAGE(S) 29 THROUGH 35. EXCEPTING THEREFROM THAT PORTION DEEDED TO THE CITY OF GILROY, A MUNICIPAL CORPORATION, ON NOVEMBER 3, 2011 AS INSTRUMENT NO. 21401868, OFFICIAL RECORDS. I' A 8411 0963 LOTS 12 AND 13, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT 9570 MCCARTHY BUSINESS PARK ", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON AUGUST 30, 2006, IN BOOK 805 OF MAPS PAGE(S) 29 -35. APN: 841 -17 -115 (Parcel One); 841 -17 -111 (Lot 12 of Parcel Two) & 841 -17 -112 (Lot 13 of Parcel Two) 12- 4852- 8456 -50194 June 16, 2014 TMOREW04706002 6.K.b Packet Pg. 94 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) Opinion of Probable Cost United Natural Foods Inc. Gilroy, CA 06/10120141 Public Improvements -1st Submittal Represen Job Number. 132005 Date of Preparation: June 10, 2014 Cost Study In providing this Opinion of Probable.Cost, the Client understands that the Design. Professional has no control over costs or the price of labor, equipment or materials, or over the Contractor's method of pricing,'and that thwDesign Professional Is not a Professional Cost Estimator. The Design Professional makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. It Is the Client's responsibility to review alt unit prices and make changes as the Client sees tit to reflect the actual market prices the Client is experiencing and to reflect the Client's method of operation. be SUMMARY- UNITED NATURAL. FOODS INC. A. PUBLIC IMPROVEMENTS SUBTOTAL PUBLiC.IMPROVEMENTS: $792.969 CONTINGENCY 10% $79,287 TOTAL. IMPROVEMENTS OFFSITE: $87ZU6 NOTES: 1. Cost figures only includes phase 1 improvements 2. Cameron Boulevard -offsite estimate boundary is within the 16' PSE 3, Cost figures do not include Je1ntTrench & Landscape, Improvements 4, Cost includes 16" publicwaterthat runs along the north side to the building through the EVA and connects to ex water fine on Camino Arroyo 1N:Uobs 13kt32C0SlCacumgnt5lFinall5tudi =_sand Calculadons '.COSTSTUDIES',RCS -UMFl 2714.06.10_Public Impriemencs.xlsx Page I of 3 6.K.b Packet Pg. 95 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) Job Number: 132005 Date of Preparation: June 10, 2014 Opinion of Probable Cost United Natural Foods inc. Gilroy, CA 06/10/20141 Public Improvements -1.st Submittal Representative Cost Study In providing this Opinion of Probable Cast, the Client understands that the Design Professional has no control over costs or the price of labor, equipment or materials; or over the Contractor's method of pricing, and that the Design Professional' Is not a Professional Cost Estimator. The Design Professional makes no warranty, expressed or Implied; as to the accuracy of such opinions as compared to bld or actual costs. It Is the Client's responsibility to review all unit prices and make changes as the Client sees fit to reflect the actual market prices the Clientis experiencing and to reflect the CDent's method of operation. 1. Street Fine Grading 3. AC Pavement Streets 4. Vertical Curb 5. Curb, and gutter Sidewalk (Inc Dwy pan) 6. Bi.o Swale / SD Treatment 7. Temporay Swale 8. ADA Ramps 9. 15" Storm Drain, HDPE 10. 15" Storm Drain, RCP 10. 18" Storm Drain, RCP 11. 30" Storm Drain, RCP 12. 36" Storm Drain, RCP 13. SD Inlet 14. SDM'H 15. Area Drain 17. 12" Water Dom. (Inc. thrust blocks, Valves, etc). 18. 16 "Water Dom; (inc. thrust.blocks,.Vatves, etc). 19. Blowoff 20. Fire Hydrants 21. Electrolier 22. Signing and Striping 23. Street Mounement 24. Electrolier (Relocate) 53,940 SF 0.60 32.,364 53,060 SF 5.00 265,300 420 LF 20.00 8,400 1,100 LF 23.00 25,30.0 7,490 SF 5.00 37,450 4,710 SF 8.00 37,680 530 LF 2.50 1,325 2 EA 1,500.00 3,000 482 LF 40:00 19,280 178 LF 50.00 8,900' 460 LF 60.00 27,600 118 LF 80.00 9,440 112 LF 90.00. 10,080 4 EA 3,000.00 12,000 3 EA 3,500.00 10,500 10 EA 300.00 3,000 235 LF 80:00 18,800 2,305 LF 90.00 207,450 1 EA 1,000.00 1,000 4 EA 5,504.00 22,000 3 EA 5,000.00 15;000 1 LS 10,000.00 10,000 4 EA 500.00 2,000 1 EA 5,000.00 5,000 Sub -Total Mite Cameron Boulevard: 792,869 I. THiS IS A REPRESENTATIVE COST STUDY BY THE CIVIL ENGINEER. THE CIVIL ENGINEER MAKES NO REPRESENTATION CONCERNINGTHE ABOVE ITEMS SHOWN IN CONNECTION WITH THE PLANS AND ,SPECIFICAnoNS'BEING PREPARED. 2. QUANTITIES SHOWN HEREIN ARE CALCULATED FROM THE UNITED FOODS INC. DISTRIBUTION CENTER IMPROVEMENT PLANS DATED Arpnl 23, 2014 WHICH ARE SUBJECT TO REVISION. 3. COST FIGURES SHOWN HEREIN ARE CONCEPTUAL ONLY. ACTUAL COSTS ARE DEPENDENT ON THE ITEMS SHOWN ON THE PLANS AT BiDDING TIME, THE GENERAL MARKET SITUATION, THE CONTRACTOR'S.WORKLOAD, SEASONAL FACTORS, LABOR AND MATERIAL COST, ETC. 4. ITEMS SHOWN ABOVE AND. THEIR ASSOCIATED COSTS ARE SUBJECT TO REVISION DUE TO CHANGES, ADDITIONS, AND DELETIONS RESULTING FROM ON -GOING AGENCY REVIEW. W:Uebs 1311" 32005 '.ii)ocumontslFlnaftSR:Ciesand Csialations=ST STUDIEStRCS -UNFI 2014.06•H1_Publicimprvemenmxlsx Page 2 of 3 6.K.b Packet Pg. 96 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) Job Number. 132005 Date of Preparation: June 10, 2014 Opinion of Probable Cost United Natural Paods Inc. Gilroy, CA 06110/20141 Public Improvements -1st Submittal Representative Cost Study In providing this Opinion of Probable Cost, the Client understands that the Design Professional has 66 control over costs or the price of labor, equipment or materials, or over the Contractor's method of pricing, and.that ft Design Professional is not a Professional Cost Estimator. The Design Professional makes no warranty, expressed orImplied, as to the accuracy of such opinions as compared to bid or actual costs. It is the CllenYs responsibility to review all unit prices and make changes as the Client sees fit to reflect the actual market prices the Client Is experiencing and to reflect the Clleht's method of' opera lion. unless 5. CAMERON BOULEVARD IMPROVEMENTS ASSUMED TO BE FOR 12 STREET ONLY AS SHOWN ON PLANS 6. GEOTECHNICAL MITIGATION INCLUDING SLIDE REPAIR, SUBDRAINS, KEYWAYS, AND OVEREXCAVATIQN IS NOT INCLUDED IN THIS REPRESENTATIVE COST STUDY, 7. EARTHWORK QUANTITIES SHOWN ON THIS REPRESENTATIVE COST STUDY ARE APPROXIMATE QUANTITIES AND ARE FURNISHED FOR INFORMATION ONLY, THE ACTUAL AMOUNT OF EARTH MOVED WILL VARY DEPENDING ON THE PROPERTIES OF THE SOILS ENCOUNTERED, THE CONTRACTOR'S METHOD OF OPERATION, ETC. 8. THIS COST ANALYSIS EXCLUDES THE FOLLOWING: a. GEOTECHNICAL ENGINEERING OR TESTING b. CAMERON BOULEVARD A ND PEDESTRIAN BRIDGE c. BUILDING RELATED COSTS OR FEES d. FINANCING CHARGES e. REIMBURSABLE AGREEMENTS OR REFUNDABLE DEPOSITS L PLANNING AND OTHER CONSULTANT FEES g.:CITY AND OTHER AGENCY FEES, INCLUDING MAP AND IMPROVEMENT PLAN FEES OR IMPACT h. FEES (EXCEPT AS PROVIDED HEREIN) I. ENVIRONMENTAL MITIGATION I . BONDS.AND BONDING FEES, COST OF FINANCING K. IMPROVEMENTS NOT SHOWN ON THE PLANS 1. OFFSITE .IMPROVEMENTS (EXCEPT AS PROVIDED HEREIN) m. SCHOOL DISTRICT FEES n. ASSESSMENT DISTRICT FEES a. PROFESSIONAL DESIGN FEES (CIVIL, STRUCTURAL, ARCHITECTURAL, ETC.) p. MITIGATION AND MONITORING PLANS q. ENVIRONMENTAL AGENCY FEES OR COORDINATION r. MONITORING DURING CONSTRUCTION s. GEOTECHNICAL MITIGATION t. COMMON OPEN SPACE IMPROVEMENTS u ENVIRONMENTAL STUDIES OR REPORTS OF ANY KIND v IMPACT FEES (EXCEPT AS PROVIDED HEREIN)' WAUobs 13t132tCaDocuments'Final'Studies and Calcula@ons4COST STUDIE SI' CS- UNFI_ 2011.66.17_PublicHp"rnents.xlsx Page 3 of 3 6.K.b Packet Pg. 97 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) EXHIBIT C DEVELOPMENT COST FEE SCHEDULE See Attached Schedule] 14- 4852. 8456 -50190 June 16, 2014 TMOREW04706002 6.K.b Packet Pg. 98 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) ENCOMPASS NO:. DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNER/DEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: El Account No. Key Code 100-2601-0000-3625 4904 100-2601-0000-3605 4702 4202600-0000-3660 4501 432-2600-0000-3660 3301 433-2600-0000-3660 4905 435-2600-0000-3660 4509 436-2600-0000-3660 4510 4402600-0000-3660 4515 720-0433-0000-3620 2202 801-2601-PWDO-3899 4703 801-2601-PWOO-3899 4703 Payment Bond Amount for all improvements Performance Bond Amount for all improvements 8/5/2014 9:17 AM CITY OF GILROY PUBLIC WORKS DEPARTMENT ENGINEERING DIVIISION COST ESTIMATE EFFECTIVE 7M/2013 Revised: Revision Number. Revision By., WWNWAWQIJ70 lnc MI-0 MIZO. MAM. -9 M—A'.1- 07 Fee: Credits: Amount Due-. Account Description Paid on Invoice 2,055.00 $2,055,00 Special Public Works Sekj-jl : 75,772.48 1 $75,772;48 En g Plan Check & Insp 60,373.94 Ell" -00-1-2-IME $60,373.94 Storm Development Fea .`; 623.20 y 4 $623.20 Str Tree Development F4 1,464,305.66 1,464,305.66 Traffic Impact Fee 190,237,50 $190,237.50 Sewer Development Fee M., 92,214.70 02,214.70 Water Development Fee 518,906.68 $5118.906.68 Public Facility Fee 14,340.26 $14,340.26 Const Water Use Fee 0.00 r S s r. $0.00 Reimbursements 3-M., $0.00 Other Reimbursements Total $2j418,629.42 872,156 872,156 G.\COMDEV\ENGINEERINGIDEVF=LOPMENT PROJECTSTEES\Prqect Cost Schedules\UNR 6-12-14 Page 1 6.K.b Packet Pg. 99 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) ENCOMPASS NO: DATE: NUMBER: PROJECT LOCATION: PARCEL NUMBER: OWNEWDEVELOPER: MAILING ADDRESS: TELEPHONE NO: PREPARED BY: E1 CITY OF GILROY COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION COST ESTIMATE 12,Jun -2014 Received 06110114 6350 Camlho Arroyo 841 -17 -111,- 112, -115 720) 354 77077 Claudia Moran - Garcia 5/2014 8:17 AM Common Area? Conimercialttnd ustrlal Allocations: Reimbursements and credits: Front Footage/Square Footage Charges and Constn Street Tree FF: Pavement SF: E SPECIAL PUBLIC WORKS SERVICES Maps: UNSMA-0-8i ction Water. Water FF- Median SF: 5101219 Sewer.GPD: Water GPD: 0-57 s1t'.Sis UIr f7DD Sewer FF. Storm FR OEM Sldewalk.SF. Curb /Gutter FF: 100 - 2601 -0000 -0625 Final Map $3210.00 + $60..00 / lot Parcel Map $1,875.00 + $60.00 t lot Re- assessment Map (Assessment District Parcels) 1,270.00 + $25.00 / lot. Administration Fees: Scanning Fee (Fordmprovement Plans, multiply # of she kdj# of Sheets ibrMap and $9.00 Improvement Plans Cost Schedules, Agreements, FJW Reviews and Other Misc. Services) t2 hr Misc Services $180.00 Special Staff Analysis jM hr Special Analysis $470.00 Const Water Acres to be Developed: Construction Water FF: 2,055.00 Fee ID NO- FINALM Fee.ID NO- PARCELM t D.DO Fee ID N- ASSESM ets by - scanning to be done at the beginning and end of the project) i sheet $0.00 Fee ID NO -SCAN hr. ° lit $0.00 Fee; ID. N -Ml'SC t hr. ILKI $0.00 G: ICOMDEVIENGINEERINGIDEVELOPMENT PROJECTSIFEES.Prciject Cost SchedulesNUNFI 6 -12 -14 Page 2 6.K.b Packet Pg. 100 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) 8!512014 9117 AM ENGINEERING PLAN CHECK & INSPECTION 100 - 2601 -0000.'3605 COST ESTIMATE $75:772.48 ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK $0.00 Al time of Improvement Plan/Final Map submittal 40% of fee 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 b hrAdditfonal Plan Review $470.00 / hr. Fee ID NO GRADINS Re4nspection Fee hr Re- Inspection $120.00 / hr. 11'?,i $0.00 Fee ID NO+GRADINS inspections outside of normal business hours hr Inspection $430.00 + Based on total cast of improvements:) Estimated Cost of Improvements 12% $0 10.% $100,000 8% over Payment Bond Amount for all improvements Performance Bond Amount for all improvements IMPACT FEES Stone Drain Impact Fee a.Residential -Low b.Residential -High c.Commerclal MIndusMal e.Assembly Hail Street Tree Fee a. City Planting and Replacement 3.06 / ff. x b.lnspedtion and Replacement 0.41 / ff. x Traffic Impact Fee a.Residential -Low b.Residential -High c.Commercial -Low Traffic 10.75 trips /1000 sf) d.Commercial -High Traffic 10.75 trips/1000 sf) e.industrial- General Industrial - Warehouse 145.00 hr. after 3hrs N"j 0.00 Fee ID NO- GRADWS COST ACTUAL ESTIMATE COST DIFFERENCE 75,772.48) Fee ID NO- PCKINSP 100,000' Y,'_ 12,000.00 t Y., SO.00 200,000:•x:' 10,000.00 ; - j 0.00 200,000; Y >,, 53,772.48 _Y: 0:00 872,156 8.72,156 420 - 2600-0000 -3660 560.373:94 564.00, acre Y 0 -00 Fee ID NOSD LD 886,00 acre „Yt 50.00 Fee ID NO-SD-HD 1,528.00 acre wY= 0.00 Pea ID NOSD C 1,128.00 acre 60,373.94 Fee ID NOSD -I 564.00 acre lw_ Y_. 0,00 Fee ID NOSD-AH 432- 2600 - 0000 -3660 62320 N,,,J 0.0 = 0.00 Fee ID NO- TREEPLT 623.20 Fee ID'NO- TREEINS 433 - 2600 -0000 -3660 1,464,306.66 9,973.00 1 unit CYa; 0.00 Fee ID N1 TRAP -LD 8,084.00 J unit 0.00 Fee 1DN2- TRAP -HD 11,034:00 ks.f. : -'`Y• ; 0.00. Fee ID N3 -TRAP CL 22,269:00 ks.f. Fee ID N3- TRAF -CH 4,373.00 k.s.f. :V.`'.'. 0.00 Fee ID N4- TRAF -IG 3,169.00 k.s.f. Y'a 1,464;305.66 Fee ID N4 TRAPIW G: \COMDEV\ENGINEERING\E)EVELOPMENT PROJECTS\FEES1Project Cost SchedulesWNIFI 6 -12 -14 Page 3 6.K.b Packet Pg. 101 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) 8/5/2014 9M7AM Sewer Impact Fee 435 -2600- 0000 -3660 190,237.50 a.ResidenGal Low 10,686.00 / unit 25 0:00 Fee ID N1 -SS -LD b.Residentlal -High 5,782.00 1 unit ?±'2Y47 OAO Fee ID N2 -SS -HD aCOmmerclal/Industrlal 3,382.00 / cgpdT'! 190,237.50 Fee ID NSSS -C /1 Water impact Fee 436 - 2600 -0000 -3660 92;214.70 a Resldenfiai Low 4,294.00 / unitYra Fee ID, N1- WATR -LD b.Residentiat -H hfg 1,737.00 / unit EY;,1 0.00 Fee ID N2- VVATR -HD c.CommerclaVlndustrial 6,731.00 1 kgpd iii 92,214.70 Fee ID N5- WTR -C/I Public Facilities Impact Fee 440- 2800A000 -3660 518,906.88 a.Reaidendel -Low 16,848.00 / unit 0.0p Fee ID N1 -PF-1-13 b:Resklential -High rs_,_,, 14,175.00 / uniti'Y' ^? 0.40 Fee ID N2 -PF -HD cZommercial 2,538.00 / k s.f. f_'hj 0.00 Fee. ID N3 -PF-0 d.Ihdustrial 1,123.00 1 k.s.f. ti'/ 518;906.68 Fee ID N4-PF4 Water User Fee (Construction) 720.0433 -0000 -3620 ClY7C 14,340.26 3.00 / ff. 4,560.00 Fee ID NO- CONWTFF plus 182.73 1 a.c. 9,780.26 Fee 10 NO- CONWTAC FRONT FOOT CHARGES Used to charge and reimburse fees for existing infrastructure) The Half Pipe schedule Is used to determine the front footage reimbursement to former developers for infrastructure previously installed along the front footage ofthe 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 *ulred by each master plan that are greater than the siies required bythe.deveiopment. The oversiied poition Is the difference between the master planned size for the main and the greaterof the main size required by the development or the developers minimum responsibility for each main. Water. 801- 2601 -PWDO -3899 0.00 Water Mains - including fire hydrants, valves, valve boxes and other pertinenoes. Developer responsibilityis up to and Including 12' mains Half Pipe Lineal Footage 6 inch Main 39.00 / LFx 0.00 Fee ID N- WR06 -1/2 8 Inch Main 41.00 / LFx NfFppr = 0.00 Fee ID N -WR08 -112 10 inch Main JC : 'r y47.00 / LFx "wN,i;, :.s i D,4 _ 0.00 Fee IQ N- WR10 -112 12 inch Man 52.00 / LFx 0 -00 Fee ID N- WR12 -1/2 14 inch Main 57.00 / LFx 0.00 Fee iDN- WR14.1/2 16 inch Main 62.00 / LF x. " -" 'Sip0.i = 0.00 Fee iD N-WR16 -112 18 inch Main 68.00 / LFx 3i1t`;b)D„ _ O.DO Fee ID N- WR18 -1/2 20 Inch Main 76.00 / LFxN r? >_- m0l0i _ 0.00 Fee ID N- WR18 -1/2 24 inch Main 82.00 1 LFx 0.00 Fee ID N- WR24 -1/2 30 Inch Main 91.00 / LFx ;!N. 0.00 Fee ID N- WR30 -1/2 36 Inch Main 106.00 / LFx 'TM A D.p9 = 0.00 Fee ID N- Wft36 -1Y1 G: NCOMDEViENGiNEERINGIDEVELOPMENT PROJECTSIFEESTmJect Cost Schedules\UNFI 6 -12 -14 Page 4 6.K.b Packet Pg. 102 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTSWEES\Pro}ect Cost Schedules \UNFI 6-12-14 Page 5 815!2014 9:17 AM Front Foot Charges Continued Used to charge and reimburse 'fees for eAsting Infrastructure) Sewer 801 - 2601- PWD03899 0.00 Sewer Mains - Including manhole and other pertinences. Developer responsibility is up to and including 12' mains. Half Pipe Lineal Footage fi inch Main 73.00 LFx O Nt *' ' 7 ,O.Y: "01 _ Y _. 0:00 Fee ID NSS06 -1 /2 8 Inch Main 75.00 LFx i:i a•- •• ^:- f+IS'w` , 8 = 0.00 Fee ID N- SS08 -1/2 10 inch Main 81,00 LFx y ?. K,112=22 0;'0 _ 0.00 Fee ID. NSS10 -112 12 Inch Main 83.00 LFx AI+ Oi 49A = 0.00 Fee ID N- SS12 -1/2 15' Inch Main 87.00 LFx A"s rte, ' ^0. = 0.00 Fee ID NSS15 -112 18 inch Main 93.00 LFx 4Nf r - +''' t:0a = 0.00 Fee 10 NSS18 -1/2 21 inch Main 102.00 LFx Nni 1.0 0 ! = 0.00 Fee ID NSS21 -112 24 inch Main 106.00 LFx D = 0.00 Fee ID NSS24 -1/2 27 inch Main 122.00 1 LFx c.:.;tiWaf *a p = 0.00 Fee ID NSS27 -1/2 30 Inch Main 144.00 LFx N! R' =; a Dt = 0.00 Fee ID NSS30 112 33 inch Main 158:00 LFx 0.00 Fee ID NSS33 -1/2 36 inch Main 178.00 LFx r.N._'::ti DtD = 0.00 Fee ID NSS36 -1/2 39 inch Main 21200 LFx 50.00 Fee ID N- SS39 -1/2 42 inch Mein 265.00 LF x fi tV rat +' r ) ti; x:1;0:0 = 0,00 Fee ID NSS42 -1/2 Street improvements 801- 2601 -FWDO- 3899 0.00 pavement. Sidewalks & Medians Souare Footage ACANke path: base 2,55 SF X ye ti A to ; . r O;Og = 0.00 Fee ID NSTR -ACB AGBike path: pvmt 2.50 SF x NL3LOtO _ 0.00 Fee ID NSTR -ACP Sidewalk: new 9:78 SF x phi_ .;',;,_;,,:,,s:0.p = 0:00 Fee ID NST R -S1W Sidewalk: replace 13.25 SF x am5rs sr .0, = 0.00 Fee ID NSTRS/WR Resurfacing 2.55 SF x IJi _ QOM 0.00 Fee ID NSTR RESU Landscaped Median 20.35 SF x L N'" S s ' T °OD = 0.00 Fee ID N- STR-LANM Hardscaped Median 11.63 SF x T ;x`;0;0' _ 0:00 Fee.ID N -STR BARD Trsffi ionals (eouioment onivl of Lumo Sum TraffiCS1gnal -3 leg 130,200.00 LS x 1." %n'IDP ni 0.00 Fee ID N- STR -TS3L Traffic Signal -4 leg 158,500.00 LS x 0.60 Fee ID NSTR TS4L Curb and Gutter Lineal Footage Curb /Gutter. new 25.85 LFx Ni w 001 = 0.00 Fee ID NSTR -C/G Curb/Gutter. replace 33.40 LFx k 1 ' <i:" 'U)>7 _ 0.00 Fee:ID.NSTR -CtGR Curb RamsP 1.057.63 I LFx 5 • - ^' w' ;J01Wy,: ;,1 p ; _ 0.00 Fee ID NSTR -CR G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTSWEES\Pro}ect Cost Schedules \UNFI 6-12-14 Page 5 6.K.b Packet Pg. 103 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) T ma A. Pziki, 'ce President Date: A u s t Front Foot Charges Continued Used to charge and reimburse fees for exlsbng Infrastructure) Storm Drain 801- 2601 -PWDO -3899 Stone 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 D D; _ 0.00 Fee ID N -SD18 -112 21 Inch Main 69.00 LFx N 0.00 Fee ID NSD21 -1/2 24 Inch Main 70.00 LFx N 0.0 = 000 Fee ID N- SD24 -1/2 27 Inch Main 82.00 LFx 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 0.D' = 0.00 Fee ID NSD33 -1/2 36 inch Main 95.00 LFx N OA = 0.00 Fee ID N SD36 -1/2 42 Inch Main 99.00 LFx N OA, = 0.00 Fee ID NSD42 -1/2 48 inch Main 117.00 LFx N 0.0 = 0.00 Fee ID N- SD48 -1/2 54 Inch Main 137.00 LF x N 0.0 = 0.00 Fee ID NS054 -112 60 inch Main 158.00 LFx N 0.0, = 0.00 Fee ID NSO60 -1/2 66 inch Main 179.00 LF x N 0.0 = 0.00 Fee ID N- SD66 -1/2 72 inch Main 200.00 LF x N 0.0 = 0.00 Fee ID NSD72 -1/2 78 inch Main 216.00 LF x N 0.0 = 0.00 Fee ID NSD78 -1/2 84 inch Main 231.00 LFx N 0 .0 , = 0.00 Fee ID NSO84 -1/2 90 inch Main 246.00 LFx N 0.0 = 0.00 Fee ID N- SD90 -1/2 96 inch Main 261.00 LF x N 6.0 = 0.00 Fee ID NSD96 -1/2 NOTE: All 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 pay any underestimated fees prior to final acceptance. If the recalculated fees are less than the estimate, the City of Gilroy will refund the difference. Additional plan review required by changes, additions or revisions to approved lans, reinspections and inspections outside of normal business hours will be billed as shown in the City of Gilroy's current c prehensive fee sched e t urly rates in effect at the time of inspection. UNITED TUBA 0 WEST, INC. Accep d by: Print Name: T ma A. Pziki, 'ce President Date: A u s t 8, 14 -- V 87512014 9:17 AM 0.00 G: \COMDEV\ENGINEERING \DEVELOPMENT PROJECTS\FEES\Project Cost Schedules \UNFI 6 -12 -14 Page 6 6.K.b Packet Pg. 104 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) 81612014 9:17 AM OVERS123NG SCHEDULE Used to reimburse oversized Infrastructure) Total .Oversized Water, Sewer and Storm Drain Main Reimbursement 0.00 Total Oversized Water Main Reimbursement Developer Is responsible for up to and including 12" mains) 0.00 Oversized Minimum 12" main Oversized Full Pipe $11bot Full Plod $ /foot Oversized Footage Reimbursement 14 Inch Main 114:00 104.00 x 'FfsOln _ 0.00 16 inch Main 124.00 104.00 x ;= .,'i= O'iDp. _ 0.00 N• 18 Inch Main 135.00 104.00 x 20 inch Main 151,00 104.00 z`: r i;(.y010; _ 0.00 ; N 2424 inch Main 164.00 104.00 x ?. " i v0.'0; _ 0.00 30 inch Main 182.00 104,00 x ` Jc7 0:0: 36 inch Main 211.00 104:00 x iO)0! _ 0.00' aN 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 174.00 166.0 x ;: `- ails° < ".`!D't0; _ 18 inch Main 186.00 166.00 x 0:00 : Nr 21 inch Main 204.00 166.00 x r0'0 i _ 0.00 M 24 inch Main 211.00 166.00 x .,' DtO _ 0.00 27 inch Main 244.60 166.00 x 0.00. 30 inch Main 287.00 166.00 x 33 inch Main 315.00 166.00 x -` _ yc;f !,? E ..it0:`0: 0.00 !Nr 36 inch Main 356.00 166.00 x ;'_ _'. =t)Ae = 0,00 21'k 39 inch Main 423.00 466.00 x r rrt: '0:r) _ 0.00 'i!N 42 Inch Main 529.00 166.00 x 0.00 Total Oversized Storm Drain Main Reimbmnt Developer is responsible for up to and including 247 mains) 0.00 Oversized Minimum 24" main Oversized Full Pipe $ /foot Full Pipe Wool: Oversized Footage Reimbursement 27 inch Main 164.00 140.00 x 0.00 N 30 inch Main 177.00 140,00 x x.`_'; v0l]I = 0:00 33 inch Main 182.00 140,00 x ,;:,',TM 00 = 0.00 ,N 36 inch Main 188.00 140.00 c T'`,'r " " -' x ... as ;i;:0 0: 0.00 42 inch Main 197,00 140.00 x ; , ; y,.'_i ol0' = 0.00 48 Inch Main 23100 140.00 x ;r. 'F {_s0!D'•' _ O.OD 54 Inch Main 273.00 140.00 x ,'::may s:•'0A; = 0.00 + %:N 60 inch Main 315.00 140.00 x - _` O = 0.00 :Ne G: ICOMDEVIENGINEERINGIDEVELOPMENT PROJECTSIFEES1P.rojeet Cost SchedulesWNFI 6 -12 -14 Page 7 6.K.b Packet Pg. 105 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) 815@014 9:17AM Oversizing Schedule Continued Uised to reimburse oversized infrastructure) Oversized Storm Drain Main ReImbmnt Continued Oversized Minimum 24" main Oversized Full Pipe $/fbot Full Pipe $/foot Oversized Footage Reimbursement 66 inch Main 357,00 140.00 X 0;00 72 Inch Main 369.00 140.00 x so--00 78 inch Main 431.00 140.00 x 2 6 :Ul W, 84 Inch Main 461.00 140.0D x Af y & 0.00 90 inch Main 492.00 140.00 x "T" M 96 Inch Main 522.00 140.00 X j ji - 0.00 G:kCOMDEV\ENGINEERINGiDEVELOPMENT PROJECTSTEMProject Cost Schedules\UNFI 6-12-14 Page 8 6.K.b Packet Pg. 106 Attachment: PIA No. 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6 RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED MAIL TO: Shawna Freels 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 _______ day of___________, 2019. Project No.: Property Improvement Agreement No. 2014-05 Contractor Name: United Natural Food West, Inc., a California Corporation Contractor Address: 6351 Cameron Boulevard, Gilroy, CA 95020 Surety on Contract: Travelers Casualty and Surety of America Location of Project: 6350 Camino Arroyo (original APN: 841-17-111, 841-17-112, & 841-17-115) Description of Work: Property Improvement Agreement No. 2014-05, Improvements Interest of City: x Owner in Fee: Vendee under Agreement to Purchase; Lessee; x Owner of Easements; Holder of License; x Owner of Streets; x Owner of Utilities, Water, Sewer, Storm Systems Owner's Name: City of Gilroy Work Done: project included the following improvements: extension of the Water Distribution Systems, improvement of streets and Cameron Boulevard, installation of sewers, storm drains and other facilities. 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 _______, 2019. 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.K.c Packet Pg. 107 Attachment: Notice of Completion - PIA 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6 RECORDING REQUESTED BY: ) ) City of Gilroy ) ) ) ) WHEN RECORDED, MAIL TO: ) Shawna Freels, 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. 2014-05 UNITED NATURAL FOODS WEST, INC., A CALIFORNIA CORPORATION APN: 841-17-111, 841-17-112, and 841-17-115 6.K.c Packet Pg. 108 Attachment: Notice of Completion - PIA 2014-05 (1919 : Acceptance of Improvements for United Natural Foods West Incorporated (UNFI)) City of Gilroy STAFF REPORT Agenda Item Title: Approval of an Amendment to the Agreement with Arrow Sign Company in the Amount of $108,066, with a 10% Project Contingency of $11,000 for the Wayfinding Signs Project Meeting Date: January 28, 2019 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Nirorn Than Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization Economic Development ☐ Customer Service ☐ Enhanced Public Safety RECOMMENDATION Approve an amendment to the agreement with Arrow Sign Company in the amount of $108,066 with a project contingency of $11,000 for the Wayfinding Signs Project, and authorize the City Administrator to execute the agreement. EXECUTIVE SUMMARY In 2011, the City of Gilroy undertook a project to install wayfinding and guiding signs throughout the city. The first phase of this project was implemented in 2012. Based on the success of the original Wayfinding Signs Project, a solicitation was put out in 2015 to hire a contractor to manufacture and install 75 signs of varying size and type, which constituted the second phase of this project; Arrow Sign Company (Arrow) was hired for this contract. Since the signing of the original contract, several changes have taken place which necessitated a comprehensive amendment to the original contract. In light of the final construction documents, design calculations and previous changes, staff has evaluated 7.A Packet Pg. 109 and recommends a lump sum change order for the Wayfinding Signs Project in the amount of $108,066 and approve a 10% contingency for a total appropriation approval of $119,066.This change order is to include items that were not included in the original Request for Proposal (RFP) such as utility conflicts, signs modifications, and permitting. BACKGROUND In 2011, the City of Gilroy Council approved a project to install wayfinding and guiding signs throughout the city in order to promote tourism and investment in the city. The original project included more than 17 welcoming and guiding signs. The work consisted of manufacturing and installation of wayfinding signs and their foundation. The first phase of the project was very well received and due to its success, a Request for Proposal (RFP) was issued and a new contract executed for the Phase II project on July 8, 2015, for a total not-to-exceed amount of $334,988. The original contract can be found in Exhibit A. Due to the nature of the work, the contract provides for the con tractor and the City to work jointly and iteratively to determine the exact quantity and location for these signs. The current executed service agreement has allowed Arrow to manufacture, and install 75 wayfinding signs. In addition, these wayfinding signs were designed to further emphasize the uniqueness and identity of the City. In January 2018, staff prepared a staff report and recommended a contract amendment to Council. This amendment included modifying the number of signs to an appropriate level, payment for professional liability insurance (for design professional), bond, permits and contract time extension. This amendment was approved and the total executed change order was $115,186.20. Additionally council also approved an additional $33,498.00 for contingency. This change order can be found in Exhibit B. As of May 2018, 48 signs were installed within the City and County right -of-ways. To- date, 21 signs remain to be installed in the State right-of way (see Exhibit C). Caltrans has approved the installation of 19 signs out of the 21 remaining; however, six signs will need to have major modification done prior to installation in order to meet Caltrans requirements. In addition, two of the signs are deemed as Gateway Monument Signs by Caltrans which have to follow a separate approval and encroachment permit process . ANALYSIS Utility Conflict Given the extensive number, type and location of the Phase II Wayfinding signs, the project is being conducted in four stages. During the construction of Stages I – III, there were a total of 11 signs that required a change in the method of installation due to utility conflicts that were not foreseeable. These changes range from additional pot-holing time to using hand tools for major excavation around utilities. As underground utilities were not identified in the design phase of this project, the extra time required to work 7.A Packet Pg. 110 around these utilities is compensable. The cost of changes for the completed work in Stages I - III is captured in Exhibit, D Item I. Permits Stage IV of the project includes installation of 21 signs within Caltrans Right-of-Ways. These signs require an encroachment permit fee as well as a double rider permit which was not part of the original scope of work. After the preliminary review by Caltra ns, six of the signs that are mounted on street light poles (type “B5” signs) require significant modification and re-application fees. These changes are captured in Exhibit D, Item II. Sign Modification Per Caltrans comments, all six of the B5 signs are not permitted to be placed on existing streetlight poles within the State right-of-ways. Therefore, they must be modified to be placed on direct burial signs as seen in Exhibit E. These changes are captured in Exhibit D, Item III. Traffic Control For all 19 signs within Stage IV, Caltrans requires a temporary traffic control set up per their approved standard plans. The temporary traffic control work ranges from shoulder closure to ramp closure. These requirements are beyond the original scope of work listed in the original service agreement. These changes are captured in Exhibit D, Item IV. Downtown Kiosk at 5th and Monterey The information kiosk in Downtown area at the intersection of Monterey and 5th Street is in need of update and repainting. This kiosk contains an overall map of the City and the displays multiple point-of-interests including; parks, City Centers, commercial districts, and many keys attractions in Gilroy. This works is outside the original scope of work listed in the original agreement. These changes are captured in Exhibit D, item V. Supplemental Work For all 19 signs within Stage IV, there are supplemental activities that were not included in the original contract which include, but are not limited to; underground utilities relocations, permitting, special inspections, traffic control, bond and insurance and all other force account works. These incidental items are captured in Exhibit D, Item VI. Project Contingency For the 2 Gateway Monument Signs, staff proposed a 1 0% contingency amount to acquire the additional permit from Caltrans, install the signs, and account for any utility 7.A Packet Pg. 111 conflict within those two areas. These 2 signs will need to be installed in Stage V due to the permit approval timeframe. ALTERNATIVES The City may cancel the service agreement with Arrow and store all 21 signs on the City property. This option will not only be cost prohibitive, but it will also cause the signs to be exposed to undue damage and deterioration while in storage. It will also hamper project progress as it will take a few months to complete a new procurement process. This will likely push the construction start date to sometime in the summer of 2019. Given the current construction climate, it is anticipated that the cost will be much higher than this not to exceed amount. Staff does not recommend this alternative. FISCAL IMPACT/FUNDING SOURCE The total project cost will be as follows: Cost Percent Change Original Contract Price $334,988 Previous Change Orders $115,186 34.39% Total $450,174 This Change Order $108,066 24.00% Revised Contract Price $558,240 Total Change Orders to Date $223,252 There are sufficient funds in the general fund to pay for the contract amendment of $108,066. Additionally, staff recommends Council approve a 10% contract contingency in the amount of $11,000 (round up) to cover unforeseen field conditions and ancillary work that may be added to the scope bringing the authorized amendment total to $119,066. Attachments: 1. Exhibit A Arrow Sign Company Original Agreement 2. Exhibit B Executed CCO 002 signed 3. Exhibit C Remaining Signs 4. Exhibit E Gilroy Wayfinding B5 Pole Mount concept 5. Exhibit D Amendment No. 5 7.A Packet Pg. 112 AGREEMENT FOR SERVICES (For professional contracts over $5,000) City of Gilroy Wayfinding l'hase ll-15-RFP-PW-381 This AGREEMENT made this Jl. day of July, 2015, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, Califomia and BUSINESS: Arrow Sign Company, having a principal place of business at 1051 46'11 Avenue, Oakland, California 94601 ARTICLE 1. TER!YI OF AGREEMENT "D This Agreement will become effective on June ~0 114 and will continue in effect through March :) J 1 2016 unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT BUSINESS STATUS It is the express intention of the parties that BUSINESS is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or constmed as creating or establishing the relationship of employer and employee between CITY and BUSINESS or any employee or agent of BUSINESS. Both parties acknowledge that BUSINESS is not an employee for state or federal tax purposes. BUSINESS 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. BUSINESS shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY BUSINESS A. Specific Services BUSINESS agrees to: perfom1 the services as outlined in Exhibit "A" ("Specific Provisions") and Exhibit "B" ("Scope of Services") within the time periods described in and Exhibit "C" ("Milestone Schedule"). B. Method of Performing Services BUSINESS 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 detennine the method of accomplishing BUSINESS'S services. C. Employment of Assistants BUSfNESS may, at the BUSINESS'S own expense, employ such assistants as BUSINESS deems necessary to perfonn the services required of BUSINESS by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may 7.A.a Packet Pg. 113 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) not control, direct, or Sl.lpervise BUSINESS'S assistants in the performance of those services. BUSINESS 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 Worl• BUSINESS shall perform the services required by this Agreement at any place or location and at such times as BUSINESS shall determine is necessary to properly and timely perfmm BUSINESS'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be perfonned by BUSINESS, CITY agrees to pay BUSINESS the amounts set forth in Exhibit ''D". In no event however shall the total compensation paid to BUSINESS exceed ~<s~t I, 5'6'6 .LD B. Invoices BUSINESS 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 1.mless BUSINESS 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 BUSINESS of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that p01tion ofthe 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 BUS!NESS shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, ail costs of equipment nsed or provided by BUSINESS, all fees, fines, licenses, bonds or taxes required of or imposed against BUSINESS and all other of BUSINESS'S costs of doing business. CITY shall not be responsible for any expenses incurred by BUSINESS in perfonning services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." 7.A.a Packet Pg. 114 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) ARTICLE 5. OBLIGATIONS OF' BUSINESS A: Tools and Instrumentalities BUSINESS shall supply all tools and instruinentalities required to perfortl). the services under this Agreement a.t its sole cost and expense. BUSINESS is not requited to purchase or relit any tools, eq~ipment or services from CITY. · B. Workers' Compensation· BUSINESS l'tgrees to provide workers' compensation insurance for BUSINESS''S employees and agents and agrees to hold hatmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all cl!lim~. suits, damages, costs, fees, demands, causes of action, losses, liabilities and e)i;penses, including without limitation attorneys' fees, ll.rising out of any injury, disability, or death of any of BUSINESS'S employees. C. Indemnification of Liability, Duty to Defend . 1. As to professional liability, to the fullest extent permitted by law, BUSINESS shall defend, through counsel approved by CITY (which approval shall not be unreliSOni'tbly Withheld}, indemnify and hold harmless CITY, its officers, · represent11tives, l'tgents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, inqluding without limitation attorneys' fees, to the extent arising ·o;r res~ltilig directly or indirectly· from any Willful or negligent acts, errors or omissions of BUSINESS ot BUSINESS'S assistants, employees or agents, including all claims relating to the injUry or death of any person or damage to any proper(y. 2. As to other liability, to the fullest extent permitted by law, BUSINESS shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld}, indemnify and hold hatinless CITY, its officers, representatives, agents and employees ag~st any and all suits, damllges, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attm:neys' fees, arising or resulting directly or mditectly from any act or omission of BUSINESS or BUSINESS'S assistants, employees or agents, including all claims rell!ting to the injury or death of any petson or damage to any property. D. Insurance In addition to any other obligations under this Agreement, BUSINESS shl!ll, at no cost to CITY, obtain and maintain throughout the term pft)Ii.s Agreement: (a) Commercial Liability Ili.Sutance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a miniillum 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 prop~, i.rwluding the loss of use thereof; and (b) Professional Liabiiity lns1lfance (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 m~st 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 7.A.a Packet Pg. 115 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) 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 clai.J:p.s 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, BUSINESS must purchase. so called ''extended reporting" or ''tail" coverage for a minimum of five (5) years after completion of worl,<:, which must also show a retroactive date that is before the earlier of t;he effective date of the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations undet this Agreement, BUSINESS shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insured on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requirillg thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy tertns. E. Assignment Notwithstanding any other provision o:('this Agreement, neither this Agreement nor a:ny duties or obligations of BUSINESS under this Agreement may be assigned or subcontracted by BUSINESS without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As BUSINESS is not CITY'S employee, BUSINESS shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, BUSINESS acknowledges and agrees that: • . CITY will not withhold FICA (Social Security) from BUSINESS'S payments; • CITY will not make state or federal unemployment insurance contributions on BUSINESS'S behalf; • CITY will not withhold state or federal income tax from payment to BUSINESS; • CITY will not make disability insurance contributions on behalf of BUSINESS; • CITY will not obtain workers' compensation insurance on behalf of BUSINESS. ARTICLE 6 .. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of BUSINESS and provide access, at reasonable times following receipt by CITY of reasonable notice, to all docllJI1ent.s rea_sonably necessary to the performance of BUSINESS'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 BUSINESS. Such assignment shall not release BUSINESS from any of BUSINESS'S duties or obligations under this Agreement. 7.A.a Packet Pg. 116 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) ARTICLE 7. TERMINATION OF AGREEMENT A. S11Ie of BUSINESS's Businll.ss/ Del!.th of BUSINESS. BUsiNESS· shall notify CITY of the proposed .s11le of BUSINE~S 's business no latet than thirty (30) dll,~ pri()r to ll!lY such sale. crry shall have th¢ option of. tertnina.tin~ t)lis A-greement witPin thirty (30) days aft~:r receiving such notice of sale.. Any s\jch CITY termina.tion pursull!lt to this Article 7 .A shall be in writing ll!ld sent to the address for notices to BUSINESS set forth in Exhibit A, Subsection V.I., no later thll!l thirty (30) days after CITY' receipt of such notice of 'sale. If BUSINESS is an individual, this Agreement .shall be deemed automatically terminated 1,1pon death Of BUSINESS. B. Termination by City for Default of BUSINESS Should BUSINESS. default in the performance of this Agreement or materially b.re!!ch any of its provisions, CITY, at CITY'S option, may terminate this. Agreement by giving writt~Q notification to BUSINESS. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: · 1. 2. ' BUSINESS'S failure to professionally and/or timely perforril any of t;he services contemplated by this Agreement. BUSINESS'S breach of any of its representations, watrll!lties or covenants contained in this Agreement. BUSINESS shall be entitled 'to payment only for work satisfactorily completed thro\!gh. 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 ort Exhibit C'1 which wve been fully, competently and timely rendered by BUSINESS. Notwithst!iilding the foregoing, if CITY terminates this Agreement due to BUSINEsS'S defari,Jt in. tlle peyfortrtance of this Agreement or material breach by BUSINESS of any of its provisions, then in ad<!jtiop to any other rights and remedies CITY may have, BUSIN:ESS shall reimburse CITY, within ten (I 0} days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constitutiQg the scope of work as described in this Agreement, to the extent such costs ll!ld expenses exceed the amounts CITY would have been obligated to pay BUSINESS for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay BUSINESS all or any part 9fthe compe~ation set forth in. Article 4 of this Agreement on the date due, then if and only if such ponpll,yment coQstitlli.Cil a default Uildei" . this Agreement, BUSINESS, at the BUSINESS'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (3 0) days after demand for such payment is' given by.BUSINESS to CITY . . D. Transition. after Termination 7.A.a Packet Pg. 117 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) Upon tennination, BUSINESS shall i_mmediately s(op work, JJDless· cessation coulci potentially cause any damage or harm to person or property, in which case BUSINESS shall cease such work as soon as it is safe to do so. BUSINESS shall inc'ur no further expenses in connection With this Agreement. BUSINESS shall promptly deliver to CITY all work done toward completion of the seryices required here,mder, and shall act in such a mah!ier as to facilitate any the assl!mption of BUSINESS's duties l>y any new BUSINESS hired by the CITY to complete such services. ARTICLE$. GENERAl, Pll.O\'l$IONS A. AmemJment & Modl.ncation No amendments, modifications, alterations or changes to the terms of this Agreement sh!\11 be effective JJDless and until made in a writing signed by both parties .hereto. B. Americans with Disabilities Act of 1990 Throughout the tenn of this Agreement, the BUSINESS shl).!l 'use due professional care to comply fully with all applicable provisions of the Americans with Pisabilities Act. of 1990 (''the Act") in its current fol'!ll ll!ld as it m11y be amended from tiJJ:le to t4ne. BU.SINESS shall also require such complil!Dce of all subcontractors performing work nnd~ !his Agreement, sul>ject to the prohibition against assignment and subcontracting contained in ArtiCle .5 above. The BUSINESS shali defend with counsel acceptable to CITY, indemnifY and hoid harmless the CITY OF GILROY,. its officers, employees, agents and representatives from.and against. all suits, cl!tims; qemands, damages, costs, causes of action, .losses, liabilities, e]{penses ancl fees, including without limitation attorneys' fees, that may arise out of any violatio11s ofthe Act by !he BUSINESS, its subcontractors, or the officers, employees, agents or representatives ofeither. C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief. is l>rought 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 Aweement are for convenience only and shall not be considered hor referred to for resolving questions of intel'pretation. E. Compliance with Laws The BUSINESS shall keep itself informed of all State and. National laws and all municipal ordinances and regulations of t.he CITY which in any manner affect those engaged or employed in tl1e work, or the materials used in the work, or which in any way affect the conduct of t.he work; and of all such orders and decretl5 of bodies or tril>Utials having any jurisdiction or 7.A.a Packet Pg. 118 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) authority over the sru;ne. Without limiting the fo.regoing, BUSINESS a.grees to observe the provisions of the Municipal Code of the CITY OF GILROY, ob).igating 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 prilctices on the bas.is of the race, color, sex, religious creed, national origin, ancestry of any employee; applicant for employment, or any potential subcontractor. · F. Conflict of Interest BUSINESS certifies that to the best of its knowledge, no CiTY employee or office of anypubiic agency .interested .in this Agreement has any pecun.i!!l'Y interest in the business of BUSINESS and that no person associated with BUSINESS has any ·interest that would COI1$tiiute a conflict of interest in any maililer or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether ora] or written, between the parties hereto with respect to the rendering of services by BUSINESS for CITY and cqntains all the covenants and agreements betWeen the parties With respect to the tendering of such .services in any manner whatsoever. Each party to this Agreeineiit 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 npt embodied herein, ang that no other agreement, statement or promise not contained in this Agreement shall be. valid or binding. No other agreements or conversatipn 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 iii any documents comprising this Agreement. Such other agreements or converSations shall be considered as unoffiCial information and in no -way binding upon CITY. l:l, Governing Law l)lldVellue This Agreement sha11 be governed by and construed in accordailce -with the laws of the State of California Without regard to the conflictoflaws pro'\'is!ol!s of any jurisdiction. The exclusive. jurisdiction and venue with. respect to any and all disputes arising hereunc;leJ: $1J.all be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by e.ither party to the other may be effected either by personal del)very in writing or by mail, registered or certi.fied, postage prepaid with retilrh receipt requested. Mailed notices shall 1:>e addressed io the p!)Ities at th.e addresses appearing iii Exhibit "A", Section V.I. 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. 7.A.a Packet Pg. 119 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) 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 BUSINESS 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 perfom1ance under this Agreement. Executed at Gilroy, California, on the date and year first above written. ' BUSINESS: CITY: CITY OF GILROY Social Security or Taxpayer Identification Number ~4 ~j-IL\ lrl!Ud Approved as to Fonn ATTEST: ~~City Attorney 7.A.a Packet Pg. 120 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER BUSINESS 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, B~SINESS agr~es to assi~ ~who will act in the capacity of Project Manager, and who w11l personally dtrect.such ServlCeS. :V0tc,c~~e\ j\i:lt\u. \y:,i Except as may be specified elsewhere in this Agreement, BUSINESS shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to satisfactorily complete the Services required herein. II. NOTICE TO PROCEED/COMPLETION OF SERVICE A. NOTICE TO PROCEED BUSINESS shall commence the Services upon delivery to BUSINESS of a written "Notice to Proceed", which Notice to Proceed shall be in the f01111 of a written communication from designated City contact person(s). Notice to Proceed may be in the fonn of e-mail, fax or Jetter authorizing commencement of the Services. For purposes of this Agreement, __ shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by BUSINESS or if otherwise delivered as provided in the Section V.I. ("Notices") ofthis Exhibit "A". B. COMPLETION OF SERVICES When CITY detennines that BUSINESS has satisfactorily completed all of the Services, CITY shall give BUSINESS written Notice of Final Acceptance, and BUSINESS shall not incur any further costs hereunder. BUSINESS may request this determination of completion when, in its opinion, it has satisfactorily completed all of the Services and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY detennines that BUSINESS has not satisfactorily completed all of such Services, CITY shall so inform BUSINESS within tllis 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 BUSINESS as provided for in Article 4 of this Agreement. / Direct expenses are d1arges and fees not included in Exhibit "B". CITY shall be obligated to pay only tor those direct expenses which have been previously approved in writing by CITY. BUSINESS shall obtain written approval from CITY prior to incuning or billing of direct expenses. 4842·9635-2788v2 MDOUNGER\04706083 B-9 7.A.a Packet Pg. 121 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) Copies of pertinent financial records, including invoices, will be included With the proposal of billing(s) for all direct expenses. V. OTHERPROVISIONS A. BUSINESS'S SERVICES TO BE APPROVED BY A REGISTERED PROFESSIONAL ENGINEER All civil (including structural and geotechnical) engineering plans, calculations, specifications and reports shali he prepared by, or under the responsible charge of, a licensed civil engineer and shall iti.clude his or her na.me and license number. Int~m ·documents shall include a-nOtlltion as to the intended purpose of the document, such as ''preliminary'' or "for review only.'' All civil engineering plans and specifications that are permitted ot that are to be released for -construction shall bear. the signature and seal of the .licensee and the date ofsigning and sealing or stamping. All final Civil engineering calculations and reports shall bear the signature .and seal or stamp .of the licensee, and the date of signing and sealing ot stamping. B. STANDARD OF WORKMANSHIP BUSINESS represents and warrants tl)at it has the qualificatigns, skills and licenses )l.ec¢$sary to perform the Services, and its duties and obligations, expressed and impliecl, cgntained herein, and CITY expressly relies upon BUSINESS'S representations and warranties regarding its skills, qUalification$ and iicenses. BUSINESS shall perform such Services and duties in conformance to l\lld coQSistent with the standards generally recognized as being employed by professionals in tl).e.s<\!Pe cliscipline ip. the Stat\) of California. Any plans, designs, specifications, estimates, calculations, reports and other doClllll,en_ts furnis)led under this Agreement shall be of a quality acceptable to CITY. The minimum crit~a for .acceptance sli.ali be a product ofneat appearance, well-organized, technically and grammaiically correct, checked and having the maker and che.cker identified. The minimum .standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. C. RESPONSIBILITY OF BUSINESS )3USINESS shall be responsible for the professional quality, technical accuracy, ll)'ld the coordination of the Services furnished by it under this Agreement. The CITY'S review, acceptanc.e 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 BUSINESS shit!! be and remain liable to CITY in accordance with applicable law for all dam~ges to CITY caused by BUSINESS'S negligent performance of any of the :services furnished under this Agreement. · D. RIGHT OF CITY TO INSPECT RECORDS OF BUSINESS CITY, through its authorized employees, representatives or agents, shall have the right, at any imd all reasonable tiines, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time catds, etc.) of BUSINESS for the purpose ofveri'fYi.ng any and all chl!I'ges made by BUSINESS in connection with this Agreement. BUSINESS sh!!ll m.aintai_n for a minimum period of ihtee (3) years (from the date of final payment to BUSIN.ESSj, Qr [or 4842'9635-2168v2 MDOLINGER\04706063 B-10 7.A.a Packet Pg. 122 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) any longer period required by law, sufficient books and records In accordance with standard California accounting practices to establish the cot:rectn¢ss of !Ill charges submitted to CITY by BUSINESS, all ofwhich shali be made available to CITY at the CITY's offices within five (5) business days after CITY's request. E. CONFIDENTIALITY OF MATERIAL All ideas, memorand<1, specifications, plans, manufacturing procedures, data (including, but not limite<;! to; computer data and source code), drawings, descriptio~. documents, disCUssions or oth.er information devel<)ped or received by or for BUSINESS and all other written and oral information developed or received by or for BUSINESS and all other writte11 and oral information submitted to BUSINESS in connection with the performance ofthisAgreeJ);lent shall be held confidential by BUSINESS and shall not, without the prior written. consent of CITY, be used for anY purposes other th,an the performance of the Services, nor be disclosed to an entity not c;onnected with the performance of the such Services. Nothing furnis)lecl to BUSINESS which is otherwise known· to BUSINESS or is or becomes generally known to. !)le related industry (other than that which becomes generally known as the result of BUSINESS'S discloSure thereof) shall be deemed confidential. BUSINESS 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. F. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall BUSINESS have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. G. OWNERSHIP OF MATERIAL. All material including, but not.limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specificatioilS .• proposals, tests, maps, calculations, photographs, reports and other materi!ll developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but BUSINESS may retain and use copies thereof subject to Section V.E 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 arnot associated with the City project for which the SerVices are performed. H. 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 hereund~ for any cause whatsoever. I. NOTICES. Notices are to be sent as follows: CITY: Rick Smelser, City Engineer City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 B-11 7.A.a Packet Pg. 123 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) BusiNEss: fJrrow Stan (~mfJi!/'f ) D 51 l/ii h fliiL D6.t/u111, CA ')ttuul f)/};; ; rSftvcJ!f.tJ J. FEDERAL FUNDING REQUIREMENTS. 0 If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements ofthis Section V.J. apply. 0 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.J. do not apply. J. DBE Program BUSINESS shall comply with the requirements of Title 49, Part 26, Code of Federal Re!,'ltlations ( 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 BUSINESS warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the BUSINESS, 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 f1de employee, any fee, eonunission, 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 withont 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. 4842-9635-2788v2 MDOLINGER\04 706083 B-12 7.A.a Packet Pg. 124 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) 0 0 0 0 0 c -1051 461h Avenue Oakland, CA 94&01 ?hone 510:,533.769j . ·F~x SlO.SJ'J.Oal·S .. ''!i!li!G(~nR1Jc!m•tlt1Mil: (~~fornlo: 31m4, Nmdi: 53419, Howell: 2~742 ' Washing!on:A~ROI'ISC900~B, AilzonQ: ROC214634 · c 0 0 0 ._) 0 City of Gilroy Customer Nome ---==-=:----:::----"c:-~----- Customer Address ---==o-R"o"-,..,.-:c-:-=Strc:;:;,•et:c:· ______ _ City of Gilroy W aj'findtog Job Nome---.,.,...-,------..,------- .Job Address ___ V::;ar,-ioc:."'-=:---------- City, Stole, Zi~ -----::c-G_ilf_._c•IJ'co· "' CA='-P!mO------"-'--- Cusl. [onlocl ---=H=enrY:::,c.::S:::•=.:::=::----'-------- Phorre No. ____ ('-''la!)=!I46-04==5!=---------- Cuslomer Emoil __ -:-::-c:-.::c-==--------- . City, Siole, Zip --::::-G_il_r~oycc'.cc.c..A~-------- :Job Con1011 ---·=H=enry=.::S:::•==·=---'-'-------- Phone No .. ~. __ ,(400)=,846-0451==-------- CuslomerP.D. -------------- Dole )mrch 31, 2015 Salas Representative ___ .::S"t""='.::Jon='c:.'--------- Scope of Work .. Page 1 of 2 Amourit ---- Manufacture and install the following !ligns: Sign type A4-City Identity- Four (4) single face non-illuminated trellis arch with sign panels and decorative $ 46,172o00 finials .. reading, "Welcome to .. Gilroy". Assumes sign to be installed .into softscape and fabricated out of alnminum. Unit coste $11,543.00 Sign TypeBl- Twenty two (22) single facenon-illtnninated directional ·signs will1 panels and $ 144,430.00 decorative arclt. Assumes sign to be installed into softscape and fabricated out of aluminum. i Unit coste $6,565.00 Sign TypeB2- Seven (7) sittgle facenon-illnminall'tl directional signs with flags and.decorative top. Assumes sign to be installed over ltardscape, direct bnrial footing, fabricated out of $26,684.00 aluminum. Unit coste$ 3,812.00 NOTE: Permits, Licenses, and lnpectians will be oddi.tianalat time and material per the terms on the reverse side of this order. · · Payment To Be Made As Follow< Sub Total: See s:lleet 2 for terms ' Tax: Total Price: The terms on the reverse side are a part of this agreement and Buyer, by execUting this agreement, acknowledges acceptance of these terms. SELLER: ARROW SIGN COMPANY BUYER: Soles Representative Individual Partnership (orporolion (Circle One) ACCEPTED: ARROW SIGN COMPANY By: By: Tille: Exewf1ve Offker Dole: Dote of Acceptance: GUARANTEE: For volue received, I or we the undersigned, jointly and severally, hereby absolutely and uncondi!!onolly guarantee prompt payment by Buyer of oil monies due and payable under t.ha foregoing Order, ct the dare~ and lor the purpo~e~ t~erein ;tat~d, and the performance of oil other undertakings by Buyer as therein provided, i~duding ·reasonable Ottorney's lees. As Guorantor[s) it is understood that ihe oblignlions herein provided shall he binding upon and· Mlorceoble ogolnsl·tha heirs, o"s'ii91i·s~ 'successors and pmomil"represento!ive of eil[h of l~e unders.lgned~ Each undersigned agree> that no notice of acceptance by Seller of the Guarantee shall be required of Sc!!er; wuives nofce of ony: delauh and consents to any changes or modlfl(atlons.hereofter mode .by Seller and Buyer. Date: By Data: By Guarantor Guarantor ----·-------· ------- I 7.A.a Packet Pg. 125 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) 0 0 0 0 c ~~ 1051 46th Avenue Oakland, CA 94601 Phcne 510.533.7693 ·F·~~ sio'.53"3.0al's 'SiateCanlr'Dtlai'slitllnm.: , Cclifornla: 314m, N~trod~: 53419, Hawo~: 247~1 ' Wa!hlnglon:ARROWS(900~B.~rlrona: ROC274634 ' c :.Q 0 0 0 0 :] Customer Name City of Gilroy · Job Name City of GilroyWayfinding. Customer Address 'TJ.51Rmomut Street . Job Address Various City, Stole, Zir . Gtlrory CA 2W2Q . City, Stole,Zip Gilroy, CA Cust. Contact Hpncy SMijin JobContact Heney Sovin Phone No. <IOS),ws"''"'"-""""451"'-------'-----·Phone No. __ --~;MI<) 846.1\451 Customer Email _______________ _ Customer P.O.-------------- Dale Mgrrh31,?M5 s·ales Representative . teve Tnne'i .. Scope o!Work . Pogo 2 of 2 Amount ---- Sign TypeB3- Twenty two (22} non-illumina.ted trail blazer signs witltllags and deeoJ•alive tops. $45,422.00 Assumes sign to be installed OVffl' hardscape, direct buriol.footing, using plate and chemical anchors, fabricated out ofaluminum. Unit cost= $2,201.00 ! Sign Type B5-. Twenty (20} single face non-illmninated directionol signs mounted onto existing pol "'". $ 69,280.00 Assmnes sign to be fabricated out of aluminum. Unit cost= $ 3,464.00 Tree trimming allowance= $5,000.00 liot included in total. All as per customer approved Arrow design TBD. Assumes Arrow's standard insurance. Work to be done during normal business hours. Prevailing wage job. NOTE: Permits, licenses, and lnpections will be additionol at lime and material per the terms on the reverse side of this order. · · · Payment To Be Made As Follows: Sub Total: . JJ·.~····· lox: Indnded Per contract terms:. Total Price: $ 334,988.00 The terms on the reverse side are a part of this agreement and Buyer, by execut_ing this agreement,lltknowledges ucceptance of these terms. SELLER: ARROW SIGN COMPANY BUYER: Sales Representative Individual Pcrlnmhip Corpomlion (Orde One) ACCEPTED: ARROW SIGN COMPANY By: By: Title: Executive Officer Dole: Dote of Acceptance: GUARANTEE: For value received, I or we the undersigned, jointly ond severally, hereby obsolu!ely ond untondilionolly g·uorantee prompt payment by Buyer of all monies due and payable under lha foregoing Order, at tbe dates and lor !he purposes therein stnted, end the performance of oil other undertakings by nuyer iU therein provided, Including reosonobla o!lomey's f~es. As Guarantor(s) ills unclmloacl thol the obligolions ~crein provided shall be binding upon and eriforceoble a~ainslthe h~ihi 1 .osSig~s; sumi:sors and ·person~hepresgnJottve of &iich of the undersigned. foch undersigned onreos tho! no notice of omptonce by Seller of the Guurontee shoJI be r~quired a·f Seller; waives no lice of anY defouh oiid consents lo any changes· Or .modilltalions ·hereafter mode by S!ille~ and' Buyer. Dare: By Dole: By Guoronlar Guarontor - 7.A.a Packet Pg. 126 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) Service Wiring: "Costs of Electricity: -Reinforcement of Building: Physical Conditions: Buyer shall bring feed wires of suitable capacity and approved type to the location of Display prior to installation of Display, make connection thereof to Display, and shall pay for all electrical energy used by Display and shall be responsible for the supply thereof. Unless specifically stated in writing to the cOntrary, Buyer shall provide all necessary reinforcements to the building on which Display is installed. Buyer shail pay for costs qfrelocatiqn power lines, or o'Uler obstacles, to comply with the laws of Federal, State, or Municipal agencies. Buyer is solely responsible for locating and protecting aU existing noll·public utilities and seller is nottesponsible fot any damage to same. The price fixed herein is based on the assumption that installation will be in normal soil. In the event adverse soil conditions or underground obstructions are encountered, the parties agree to adjust the extra installation costs based on Seller's current time and material rates. The price fixed herein is aJsO based on the assumption that mounting surfaees are conducive to normal installation procedures .. In addition, Concrete walls and s·urfaces are assumed to be of normal density. Should .adverse conditions exist, such as rebar, hidden steel members and/or high specification concrete which impedes· drilling of same, then the parties agree to adjust the extra installation costs based on Seller's current time and material rates. Buyer to provide reasonable access to area around and behind display to complete installation of same and price assumes installation can be completed with Seller's standard equipment. Should special equipment, such as scaffolding, man lifts or cranes be required, then the parties .agree to adjust the extra installation costs based on Seller's current time and material rates. 7.A.a Packet Pg. 127 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) City of Gilroy Wayflndlng Exhibit C Schedule: Art approvals from customer -1 week Arrow to stake location and check USA markings:-2 weeks Arrow to provide Shop drawings-2 wee.ks Customer approval on shop drawings·-! week FabricatiOn time line -14 weeks Installation-8 weeks Overall28 weeks, pending all timeHnes above are met. 7.A.a Packet Pg. 128 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) City of Gilroy Wayfinding Exhibit D Schedule of values Progress bill (25%) $83,747.00 upon art approval Progress bill (25%) $83;747.00 upon shop drawing approval Progress bill (25%) $83,747.00 upon fabrication completion Progress bill (25%) $83,747.00 upon Installation completion Sub Total billing $334,988.00 Progress bill upon request for Professional Liability per contract documents= $30,430 Grand Total $365,418.00 7.A.a Packet Pg. 129 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) nA .. IC:I I C:D · CERTIFICATE OF LIABILITY INSURANCE DATE,.. ., JNSU_RE_D Arrow S_IQn-Company 1b5146ih Avenue Oakland, CA 94601 X : X 6012516923 ,CNA. i INSURERB' 11NSURERC • INSURERD • INSURERE' . I 04110/2015 125674 ~-·---·-·~~~:--------~·· js ~ ! U~B~L.-~-~lAB. -1 OCCUR I $ 1,, 1, I ' ., , . I I ~ $ · 1, . (ACORD 101, Addlllo,~;~,a,l R9niarks Sohlidula, may be attached If more ~pace I<;,•,~!~~~~W~~~~·~:Is named additional insured with ·respects: to genefe!.l.llab,lity and automobile liabHity per the. attached forms. Waiver of subrogation app/Tes lt4 l,il,.hllltu, a_uto~XJbile llaf:lllity !'Ind. workers compensation 'P!1Jr the at:t!ich~d. · · . ;I I 'CERTIFICATE HOLDER City of.Gilroy,lts Offlce_rs, Elected or App.olnted Offi~lals ~ljip_loye.es, Agents, and Volunteers ATTN: Risk Manager 7351' Rosanna Str:eet ilTiroy, cA !iso:!o I CANCELLATION SHOULD ANY OF THI:: ABOVE-OESCRlBED~POLICIES BE.CANCELLED BEFORE. .1 THE EXPIRATION DATE 'THEREOF; NOTICE. WILL BE DELlVERED IN ACCORDANCE'WITH THE POUC'(PR'OV_ISIONS. AUTHORIZED REPRESENi'ATivi: : ~ I.J,I._:_ I • ~ . © 1968-2014 ACORD CClRPORATION. All rights reserved. ACClRD 25 (2014101) The ACORD name· and lbgO ate· registered marks Qf ACORD 7.A.a Packet Pg. 130 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) C'NA G•144041•D (Ed. 12i10) THIS I;NDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MANUFACTURERS' GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the fo.llowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART The changes·tliis ena.orsement makes to coverage provided by the Commercial General Liability Coverage Part are void with respect to any coverage that has been excluded by another endorsement attached to this policy. Coverage affordet:l under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE Coverage is summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions In the body of this endorsement. 1, Property D~mage -Patterns, Mold.s .A.nd Dies 2. Additional Insured-Blanket Vendors 3. 1\/iiseellaneous Addltiona:llnsureds 8 additional insured extensions. 4. Broad Named Insured/Newly Formed Or · Acquired Organizations 5. Joint Ventures/Partnership/Limited Liability Companies Coverage for your interest In such terminated or ended organizations. 6. Partnership Or Joint Ventures Partnership includes a limited liability partnership. 7. Incidental Health Care Malpractice Coverage 8. Supplementary Payments Cost of bail bonds increased to $2,500. Daily loss of earnings increased to $1.,000. 9. Medical Payments Limits increased to $15,000. Reporting increased to three years from the date of accident. 10. Non-owned Watercraft Increased to 55 feet. 11. Non-owned Aircraft 12. Legal Liability-Damage To Premises Extended perils. Limit increased to $200,000. 13. !'!road. Knowledge of Occurrence 14 .. Notice of Occurrence 15 .. Unintentional Failure To Disclose Hazards 16. !=xpanded Personal And Advertising Injury 17. Bodily Injury-Extension of Coverage 1 B. Expected Or Intended Injury Reasona.ble force-bodily injury or property damage. 19. Liberalization Clause 20 .. Property Damage • Elevators 21. Blanket Waiver of Subrogation · Waiver of subrogation where required. by Written contract or Written agreement: ' 22. In Rem Actions 23 .. Prii'na:ry And Non-Cohtrib4tory To Other Insurance 24. Lli'nlted Contractual. Liability for Personal a.nd Advertising InJury Page 1 of 11 G-144041-D (Ed. 12/10) Includes copyrighted material of Insurance Services Office, Inc., with its pennisslon. 7.A.a Packet Pg. 131 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) C'NA 1. PROPERTY DAMAGE -PATTERNS, MOLDS AND.DIES Paragraphs (3) and (4) of Exclusion j. Damage to Property of Section I -Exclusions do not apply to patterns, molds or dies . In the care, custody or control of the Insured if the patterns, molds dr dies are noi being used to perform operations at the time of loss. A liinit of insurance of $25,000 per policy period appli~s to Property Damage -Patterns, .Molds And Dies and is Included witHin the General Aggregate Limit as described in Sec.tion Ill -Limits Oflnsurance. The lnswance afforded by this Provision 1. Is excess over any valid and collectible property insurance (including any deductible) available to the insured, and the Other Insurance Condition is chimged·accordingly. 2. ADDITIONAL INSURED -.BLANKET VENDORS Section II -Who Is An Insured is a:mendecj to Include as an additional Insured any persE>n or organization (referred to below as Ve!ndor) with whom you agreed, ·because of a written contract or · written agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distri.buted or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. ''Bodily injury" or "property damage'' fpr which the vendor is obligated to pay damages by reason of the. ass.umptioh .of liability in a contract or agreemE>nt. This exclusion does not apply te liability for damages that the vendor would have in the absence of t.he contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and ·then repackaged in the original container; e. Any failure to make such inspections,· adjustments, tests or servicing as the vendor has agreed to make '" normally undertakes to make in the usual course G-144041-D (Ed. 12/10) of business, in connection with the distribution or sale ofth.e proqucts; f. Demonstration, installation, servicing or repair operation$, except s~ch operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relab.eled or used as a container, part or ingredient. of any other ·thing or substance by or for the vendor; ·or h. "Bodily injury" or "property damage" arising auf of the sole negligence of the vendor for its own acts or omission or those of its employees or anyone else acting on its behalf. However, this' exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f;; or (2) Such Inspections, ac:ljustrnents, tests or servicing as the vendor has agreed to · make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This Provision 2. does not apply to: a. Any insured person or organization, from whom you have acquired such products, or any ingredient, part or container,. entering into, accompanying or containing such products; b. Any vendor specifically scheduled as an additional insured by endorsement; or c; Any of. "your products" for which coverage is excluded by endorsement. 3. This Provision 2. does nqt apply if "bodily injury" or "property damage" included within the "product~~"Completed operations hazard" is excluded by endorsement 3. MISC:ELLANEOUS ADDITIONAL INSURE.DS Section II -Who Is· An Insured is amended to include as an ihsured arty person or organization (called additional insured) described in Paragraphs 3.a. through 3.h. below whom you are required to . add as an additional insured on this policy under a written contract or written agreement but the written contract or written agreement must be: 1. C.urrently in effect or becoming effective during the term of this policy; and P;lge2of11. G-144041-D (Ed. 12/1 0) InCludes copyrighted material of Insurance Services Office, Inc., with its permiss'lon. 7.A.a Packet Pg. 132 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) C'NA 2. Executed prior to the "bodily injury," "property damage" or "personal injury and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. Additional Insured-"Your Work" That person or organization for whom you do work is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional Insured are those specified In the written contract or written agreement or In the Declarations of this policy, whichever is less. These Limits of Insurance are Inclusive of, and not In addition to, the Limits of Insurance shown in the Declarations. (2) Coverage for the additional insured for "your work" that is Included in the "products-completed operations hazard" is afforded only if this Coverage Part provides such coverage, and only if the written contract or written agreement requires you to provide such coverage. (3) The insurance provided to the additional insured does not apply to: (a) "Bodily Injury," "property damage," or "personal and advertising Injury" arising out of the rendering or failure to render any professional services; or (b) "Bodily injury" or "property damage" included In the "products-completed operations hazard" and arising out of any of "your work" that is excluded by endorsement. G-144041-D (Ed. 12/10) b. State or Governmental Agency or Subdivision or Political Subdivisions A state .QL9_Q.vemmental agency or subdivision_Q[ political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision_Q£ political subdivision has issued a permit or authorization in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair 1 construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental aqency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premis.es A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use Page 3 of 11 G-144041-D (Ed. 12/10) lndudes copyrighted material of Insurance Services Office, Inc., with its permission. 7.A.a Packet Pg. 133 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) C'NA of that specific part of the. premises leased to you and subject to the following additional exclusions: This Insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural. alterations, new construction or demolition operations performed by or on behalf of such aqditional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured .. f. Owners/Other Interests Land Leased An owner or other interest from whom land has been lea.sed by you but only with respect to .liability arising out of the oWnership, maintenance or use of th!lt specific part of the land leased to you and subject to the following addition.al · exclusions: This insurance does not apply to:. (1) Any "occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. g. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability as co-owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. S.uch person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment le!jsed to you by ·such person or organization. A person's or G-144041-D (Ed. 12/10) organization's · status as an insured uhder this endorsement enqs when their written contract or agreement with you for such lea.sed equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This Insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or {2) To "bodily Injury;" "property damage" or "personal and advertisihg injury" arising out of the sole negligence of such additional · insured. Any insu.rance provided to an additional insured designated under Paragraphs b. through h. a[Jove does not <IPPIY to "bodily injury" or "property damage'' · ·included within the "products.,completed operations hazard." 4. BROAD NAMED INSURED/NEWLY FORMED OR ACQUiRED ORGANIZAtiONS A. Any organization other than a partnership, joint venture or limited liability company, over which a Named Insured shown in the Declarations maintained an ownership Interest of more than 50% on the effective daje of this policy and on the date of loss will qualify as a Named Insured if there is no other similar insurance afforded to that organization or would h.ave been afforded but for the exhaustion of the limits of liability, ·cancellation or expiration of such insurance. B. Paragraph 3.a. of Section II -Who Is An Insured is deleted and replaced by the following: Coverage un.der this provision is afforded only until the end of the policy period or the next anniversary of this policy's effective qate 'Iller you acquire or form the organization, whichever is earlier. C. This Provision 4. does ·not apply to any organization for which coverage is excluded by . endorsement. 5. JOINT VENTURES I PARTNERSHIP I LIMITED LIABILITY COMPANY COVERAGE . A. The following is added to Section II -Who Is An Insured: ' .4. You are an insured when you had an interest In a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period but only to the extent of your interest in Page4of11 G-144041-D {Ed. 12/10) Includes copyrighted material o.f Insurance Services Office,. Inc., with its permission. 7.A.a Packet Pg. 134 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) C'NA such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the .termination date of any joint venture, partnership or limited liability company; or b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. · B. The last paragraph of Section II -Who Is An Insured is deleted and replaced by the following: Except as provided under the Manufactures' General Liability Extension Endorsement or by the attachment of another endorsement (if any), no :person or orgariiz.atlon is an :Insured with respect to the conduct of any current .or past partnerShip, joint venture or .limited liability company that is not shown as a Named Insured in the Declarations. 6. PARTNERSHIP OR JOINT VENTURES Paragraph 1.b. of Section il -Who Is An Insured Is deleted and replaced by the following: b. A partnership (including a limited liability partnership) or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. 7. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE A. With respect only to "bodily injury" that arises out of a "health care incident," Coverage A - Bodily Injury and Property Damage Liability of Section I -Coverages Is amendec:j to replace Insuring Agreement · Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to "bodily injury'' only If you are not in the business of providing professional health care services, and only If: (1) The "bodily injury" is caused l)y an "occurrence" that takes place in the "coverage territory." For .the purpose of this insurance: (a) "Bodily injury" caused by a "health care incident" will be considered c.aused by an 110ccutrence"; and {b) All acts, errors or omissions that are logically connected f:jy any common fact, G-144041-D (Ed. 12/10) circumstance, situati.on, transaction, event, advice or .<:!eclslori will be ¢¢nsi<:lered to constitute a single . "occurrence 11·i · (2) · The "bodily Injury" occurs during the policy period. AJI ''boctllyi~jury" arising from an "occurrence'' will be deemed to have occurred at the time of the first act, error, or omission that is part of the 110Ccurrence"; a.nd B. With respect only to the insurance provided by this Provision 7., Exclusion 2.e. (Employer's Liability) of Section I -Coverage A-Bodily lri]llry and Property ParnJigl),. Is 11.mended to append the following: · Only for "bodily injury" not coVeted by other liability insurance (including qualified sell insurance) available to the insured (or which would be available but 'for exhaustion , of its limits), this exclusion does no.t apply t<:> "bodily injury" that arises out of a "health care incident." C. Section V-Definitions is amend'ed to add the following new definition: "Health care incident" means a negligent act, error or omission by your "employees'' or ''volunteer workers" worl<ing on your behalf in the rendering. of. or failure to render professionf!l healtl) ca.re services in any of the following capacities,. or the related furnishing of fqod, peverages, medical supplies or appliances: · a. Physician; b. Nurse; c. Emergency medical techhician; d. Paramedic; e. Chiropractor; fc Dentist; g. Athletic trainer; h. Audiologist; i. Physical therapist; j. Psychologist; k. · Speech therapist; · I. Other allied health professional; or m. Provider of first aid or Good Samaritan s¢rvices rendered ih an emergency and for which no payment is demanded or received. Page 5 of11 G-144041-D (Ed. 12/10) Includes copyrlgh~ed mateiial of Insurance Services Office, lnc., wlth its permission. 7.A.a Packet Pg. 135 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) D. Sect.ion I -Coverages is amended to add the following additional exclusions to Paragraph 2. Exclusions of Coverage A.-Bodily Injury and Property Damage Liability. lhasa new exclusions apply only to this Incidental Health Care Malpractice Coverage: This insurance does not apply to: Dishonesty or Crime Any dishonest, criminal or malicious act, error or omission. Clinical Trials I Product Testing Acts, errors or omissions that occur in the course of human clinical trtals er product testing. Medlc.are/Medlcaid Fraud Medicare or Medicaid fraud or abuse. Services Excluded by Endorsement Any "health care incident" for which · coverage is excluded by endorsement. E. Section V-Definitions is amended to add the following subparagraph to Paragraph f. of ihe definition of "insured contract": Paragraph f. does not include that part of any contractor agreement: · (4) Under which you assume another's tort liability for "bodily injury" arising out of the rendering of or failure to render professional health· care services. F. Section II-Who Is An Insured is amended as follows:· 1. Except for licensed physicians, your "empioyees" <!re Insureds with respec:t to: a. "bodily injury" to a co-"employee" while in the course of the co-"employee's" employment by you or whiie perfcllrnilig duiies related to the conduct. of ypur business; and b. "bodily injury'' to a "volunteer worker" while performing duties rel;ated to the conduct ofyour business; When such "bodily injury" arises out Qf .a "he·alth care incident." 2. Except for licensed physicians, your "volunteer workers" are insureds with respect to: a. "bodily injury" to a co-"vqlqn!Mr worker" while perfomiing duties related to the conduct of your business; and . G-144041-D (Ed. 12/10) b. "bodily injury" to an "employee" while In the course of the "employee's" employment by you or while performing dUties related to the conduct of your business; when such "bad.Jiy injury" arises out of a "health •care incident'' 3. Paragraphs 2.a. (1)(8), (b) and (c) of Section II -Who Is An Insured do not apply to "bodily injury" fot which ·ihsiltan.Ge is provided this Provision 7, 4. Paragraph 2.a.(1)(d) of Section II.: Who Is AJ:~ lnsu.red is deleted ;and replii!ced by the following new Paragraph 2.a.(3): However, none of tiiese ·•employees" or "volunteer workers" are insureds for: (3) "Bodily injury," "property ctamage" or "persorial·and advertising injury" arising out of h.is or her rendflring of or failure to render professional health c.ate services if he at she is a licensed physician. G. With respect to the Insurance provided by this Provision 7., ·the fQIIowing is added to Paragraph 4.b.(1) of Section IV -Commercial General Llj,bility Comjitions: To the extent tiiis insurance applie.s, it is. ·excess over any of the other insurance (Including qualified self insurance), whether primary, excess, contingent or on any other basis, except for insurance purchased. specifically by you to be excess of this policy. 8. SUPPLEMENTARY PAYMENTS A. Under Section I -Supplementary Payments -Coverages A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is replaced by $2,500. B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1 ,000. 9. MEDICAL PAYMENTS A. Paragraph 7. Medical Expense Limit, of Section .Ill -Limits of Insurance is deleted and replaced by the following·: 7. Subject to Paragraph 5. above (the Each Occurrence limit), the Medical Expense Umitis the. most we will pay under Section -I -Covetage C for all medical expenses because of "bodily injury" sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000; or . Page 6 of 11 G-144041-D (Ed. 12/10) Includes copyrighted material of lnsurancEvServices Office,. Inc., with Its permission. 7.A.a Packet Pg. 136 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) C'NA (2) The amount shown in the Declarations for· Medical Expense Limit. B. This Provision 9. does not apply if Section I - Govl)rage C: Mecjical Pt;~yments is· excluded either by the provisions of the Coverage Part or by engorsemo;m\. C. Paragraph 1.a,(3)(b) of Section I -Coverage C -Medical .Payments, is replaced by the following: (b) The expenses are .in<:;urred and reported to us within three · years of the date of the accident; and 10. NON-OWNED WATERCRAFT I . Under Section I -Coverage A-Bodily Injury and Property Damage, Exclusion 2.g., subparagraph (2) is deleted and replace<j b~ the following. (2) A watercraft you do not own that is: (a) Less th!lil 55 feet long; and (b) Not being used to carry persons or property for a charge. 11. NON-OWNED AIRCRAFT Exclusion 2,g .. of Section I -Coverage A -Bodily . Injury and Property Damage, does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effectiVe• certificate issued by the duly constituted authority of the United ·States of America or Canada, designaiing that person as a commercial or airline transport pilot; 2. It is rented with a trained, paid crew; and 3. It does not transport persons or cargo for a charge.· .12; LEGAL LIABILITY-DAMAGE TO PREMISES . A. Under Section 1 -Coverage A-BoCiily injury and Property . Damage 2. Exclusions, Exc.lusion J. is replaced by the following. "Property damage" to: (1) Property you own, rent, or occupy, · including any costs or expenses incurred by you, or any either person, organization or entity .• for repair, replacement, enhancement, restoration or main!enance of suGh property for any reason, including prevention of injury to a person ot damage to another's property; G-144041-D (Ed. 12/10) (2) Premises you sell, give away or abandon, if the "property damage" arises out of any ·part of those premises; (3) Property loaned to you; (4) Personal: property in the care, custotjy or control of the insured; (5) That partic~lar part of real prop.erty on wh.ich you or· any c~mtract.ors or subc.ontraCtors working directly -or imlir!lctJy <;>.n Your l;>~ht!!lf are performing 'operations, if the "propE!rty damage'' aMe!l out of those operations; or (6) That particular part of any ptopei:ty that must be restored, repaired or replaced Because "Your work" was Incorrectly performed on it. Paragraph (2) of this exclusion does not apply If «w p;erni$es are "your work' and were never occupied, 'rented ot held for re.nta.l by yp\i. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" {other than damage by fire) to premises: (1) rented to you; (2) temporarily occupied by you with the permission of the owner, or ·(3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to · Damage To Premises Rented To You '!S descri.bed in Section Ill -Limits Of lnsuranc.e. Paragraphs (3), (4), (5) and (6) ofthis exclusion · do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does nol apply to ''property damage" includ!ld in the "products-completed operations hazard .. ~ B. Under Section I -Col!erage A-Bo!lily llljl!ry and Property Damage the last paragraph of 2. Exclusions is deleted and replaced by the following. Excl~sions c. through n. do not apply to damage by fire. to premises While tented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. Page 7 of11 G-144041-D (Ed. 12/10) Includes copyrighted material·of!nsu·rance Services Office, Inc., w!th its perinission. 7.A.a Packet Pg. 137 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) C'NA A separate limit of insurance applies to this coverage as described in Section Ill -Limits Of Insurance. C. Paragraph 6. Damage To Premises Rented To You Lii!lit of Section Ill ·~ Limits Of Insurance is replaced by the following: 6. Subject to Paragraph. 5. above, (the Each Occurrence Limit), . the Damage To Premis.es Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer ccmsecutive days. The Damage.· To Premises Rented To You Limit is ihe greater of: a. $200,000; or b. The Damage To Premises R.ent<;ld To You Lirnit shown in the Declarations. D. Paragraph 4.b.(1 )(a)(ii) of Section IV - Commercial General Liability Conditions is deleted and replaced by the following: . (ii) That is property insurance for premises rented to you or temporarily occupied by you with the penmission of the owner; or E; Thi.s Provisiqn 12 .. does not apply If Damage To Premises Rented To You Liability under Section I -Coverage A is excluded either by" the ·provisions of the Coverage Part or. by endorsement 13. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized represen\ative notice of an ''occurrence/' offense, claim, or "sUit" ooly whe.n the "occurrence," offense, Claim oi" "Suit" is known to: (1) You, if you are an individual; (2) A partner, if you ate a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or {4) A manager, if you are a limited liability company. 14. NoTIC!= OF OCCURRENCE '(he following is added .to Paragraph 2. of Section IV -Commercial General Liability Conditions ~ Duties in The Event of Occurrence, Offense Claim or Suit: G-144041-D {Ed. 12/1 0) Your rights under this Coverage Part will not be prejudiced If you fail to give us notice <;>f ah ''occurren·ce," offEmse, claim or"Suit~ and that.failure Is scil.ely due to your re$s<ih~ble belief th~t the "bodily Injury" or "property damage" is not covered under this Coverage ,Part. However, you sh<!ll give written notice of this "occurrence," offense, claim or "suit" to us ·as soon as you are aware that t[lis Insurance may apply to sueh "occurrence," offense claim or "suit." 15. UNINTE.NTIONAL FAIL.UR~ TO DISCLOSE HAZARDS Based on our reliance on y0ur repr~:~sentations. as to existing hazards, if unintentionally you should fail to disclose all such ha;z~.rqs at the l_nqeption date of your policy, we will not deny •coverage· under this Coverage Part because of such. fajJure. 16. EXPANDED PERSONAL AND ADVERTISING INJURY A. The following is added to Section V - Definitions, the definition of "personal and advertising injury": h. Discrimination or humiliation ·that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation Is: (1) Not done intentionally by or at the direction of: (a) The insured; or {b) Any "executive officer," director, . stockholder, partner, mernber or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of t:)mployment of any person or persons by any insured. B. Ex.clusions of Sect.ion I -Coverage B - Personal and Advertising Injury Liability is amended to include the following: Discrimination Relating To Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. Page8of11 G-144041-D (Ed. 12/10) Includes copyrighted material of. Insurance Services· OffiCe, Inc., with 'itS permission. 7.A.a Packet Pg. 138 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) C'NA Fines Or Penalties Fines or penalties levied or imposed by · a governmental ent.ity bec;ause of discrimination. · C. This Provision 16. does not apply if Section I• Coverage B -Personal And Advertising Injury liability is excl.uded by endorSement. 17. BODILY INJURY Section V -Definitions, the definition of "bodily injury" is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a. person, including ·death, humiliation, shock, mental anguish or. mental injury bY that person at eny time which results as a consequence of the bodily injury, sickness or disease ... 18. ·EXPECTED OR INTENDED INJURY Exclusion a; of Sec!.ion I -Coverage A :-!;lodily Injury and Property Damage Liability is replaced by the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable· force to protect persons or property. 19. LIBERALIZATION CLAUSE II We adopt <' · change in our forms or rules wn.icll would broaden coverage for manufacturers under this endorsement Without an additional premium charge, your policy will automatically .provide the ;ldqitjona:l coverages as of the date the revision is effective in your state. 20, PROPERTY DAMAGE-{:LEVATORS With respect to Exclusions of Section I -Cove·rage A. Paragrl,lphs (3), (4) and (6) of Exclusion j. and Exclusion k. do not apply to the use of elevatorS. The insurance afforded by this Provision 20. is excess over any. valid and collectible property insurance (including any deductible) available to the insured, and the Other insurance Conlf.iijon is changed accordingly. 21. BLANKET WAIVER OF SUI;IGROGATION The Transfer Of Rights Of Recovery Against Others To Us Condition (Section IV -Commercial Gl!neral Liability Conditions) is amended by the addition of the following: We waive any right of recovery we may have against any .person or organization· because of Gc144041-D (Ed. 1211 O) payments we make for injury or damage arising out of: 1. Your ongoing operations; or. 2. ''Your wo!K" included in the "products-completed operations hazarci." However, this waiver applies only when you have agreed in ,...riiing to waive such rights of recovery in a· contract or agreement, and only if the contract ot agreement: 1. Is In effect or becomes effective during the term oft.his pplicy; and 2. Was executed prior to loss. 22. IN REM ACTIONS Any action in rem against pr0 perty owned, operated by or .far you, or chartered by or for Y<i>u. WHI be treated in the same manner as though the action were in personam against you. 23. PRIMARY AND NON-CONTRIBUTORY TO OTHER . INSURANCE With respect to any person or organization that is an additional insured under this Coverage Part, the following is added to Par,.graph 4. of Section IV - Commercial General Liability Conditions and supersedes aoy provision to the contrary: · if you have agreed in writing in a contract or agreement that this insurance i.s primary anq non- contributory relative to an additional insured's own insurance, then this insurance is prima.ry and we will not seek contribution from that other insurance. For the purpose of this Provision 23 ...• the additional insured's own insurance means insurance on which the additional insured' Is a Named Insured. · This Provision 23. does not apply in situations where the endorsement on this policy affording coverage to the additional insured specifies that this insurance is excess over a_ny other insutCililce available to that additional insured. 24. LIMITED CONTRACTUAL L.IA.BILITY FOR PERSONAL AND ADVERTISING INJURY A. Subparagraph e. of Pa.ra.graph .2. Exclusions of Section I -Coverage B -Personal And Advertising Injury Liability is replaced by the following: 2. Exclusions This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability ·in. a contract o'r agreement. This exclusion does not apply to: Page9of11 G'144041•D (Ed. 12/10) Includes copyrighted material of hisurance Services Office, Inc., with Its permiSsion. 7.A.a Packet Pg. 139 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) C'NA (1) Liability for damages that the insured would have in the absence of the contract. or agreement; or (2) Liability for "personal and advertising injury" if: (a) The liability pertains to your business and 'is assumed in writing in a comtract or agreement in which you assume the tort liability of another. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; (b) The "personal and advertising injury" occurs subsequent to the execution of the contract or agreement; and (c) The ·"personal and advertising injury" arises out of the offenses of false arrest, detention or imprisonment. Solely for the purposes of liability so assumed in a contract or agreement, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to pe damages because of. "personal injury" described in Paragraph A..2.e.(2)(c) above, provided: (i) Liability to such p;,rty for, or for the cost of, that party's detense has also b'een · assumed in the same contract or agreement; and (II) Such attorney fees and litigation expen~e~ are for defense of that party against a civil or altemathie dispute resolution proceeding in which damages to which this insurance applies are alleged. B. The following is added to Section I - Supplementary Payments -Coverages A And 8: If we defend an insured against a "suit" and an indemnitee of the Insured is also named as a party to the "suit," we will defend that indemnitee if all of the following conditions are met: 1. The "suit" against the Indemnitee se.eks damages for which the insured has G-144041-D G-144041-D (Ed. 12/10) assumed tort liability of the indemnitee in a contract or agreement, if s.uch liability pertains to your business. Tort liability means a liability that would be Imposed by law in the absence of any contract or · agreement; 2. This insurance applies· to such liability assumed by the insured; 3. The obligation to de(end, or the cost of the defense of, that indemnite.e, has :also been assumed bY · the ins.urec:l in the same contract or agreement; · 4. The ~)legations in t.he "su.it" and the· information we know about the offense are such that no conflict appean; tp e~ist between the interests ofthe Insured and the interests ·Of the indemnitee; 5. The indemnitee and the insured ask us to conduct aM control the defense of that indemnitee against such "suit" and agree that we c.an assign the same counse.l to defend the insured and the indemnitee; and 6. The indemnitee: a. Agrees in writing to: (1) Cooperate with us in the investigation, settlement or defense ofthe "suit"; (2) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the ''suit"; (3) Notify any other insurer whose coverage is available to the indemnitee; and (4) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and b. Provides us with written authorization to: (1) Obtain records anc! other information related to the "suit"; and (2) Conduct !!nd control the defense of · the ·indemnitee in such "suit." So long as the above conditions are met, attorneys fees incurred by us in the defense of that indemnitee,. necessary litigation expenses incurred by us and necessary litigation expenses Incurred by. the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph A.2.e.(2) above, such payments will not be deemed to be darnages for "personal Page 10 of 11 (Ed. 12/10) Includes copyrighted material· of Insurance Services Office, Inc., with its permission. 7.A.a Packet Pg. 140 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) ;lnd advertising Injury" as described in Paragraph A.2.e.(2)(c) above and will not reduce.the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when: G-144041-D (Ed. 12/10) 1. We have used up the applicable .limit of insurance in the payment of Judgments or settlements; or 2. The conditions set. forth above, or th.e terms of the agreement described In Paragraph 6. above, are no longermet C. This Provision 24. does not apply if Section !- Coverage B -Personal And Advertising Injury Liability is excluded by endorsement. Page 11 of 11 G-144041-D (Ed. 12/10) Includes copyrighted material of Insurance Services Office, Inc., with Its permission. 7.A.a Packet Pg. 141 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) . -TRAVELERSJ WoRKER~ ~~~REN§AT!PN · iEIII!PLPYERs. LIAf.i,Lrrv .Poucv J;;i'jDQR$E!ili;NT jNc;. 99 .()3 76 ( A.)-001 I'OLICY NUMBER: (PUB·6C38902·1-I;) WAIVER OF QUR RJ.Gi1T T() RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKE! WAIVER) We hav.e the rtght to recov~r o.ur payments frorn anYiJri~ li~ble for _an InJury eo.vereo by this policy. We wlli not ehfQrce 1M right agalll\ltth~ p~n qr o~<~nization named in the·schedule.. · · The additional premium for this endorsement shall be 2:oo % .ol.the C;diftlm.ia. worK.e.r:!!' C:clrriPe.n~Uon pre-mium. ·· Person or Organization "As required by eontract" S.chedule Jo.~ Dl)lli::ription This endorsement changes. the pelicy to which it is a~ched and Is effective on the date Issued u.nless otherwise stated. (Thill!lfor!nation below Is required only when this ·endorsement ls·lssued subsequent io prepar,rtion of the policy~) Endorsement Effective 01-01-2015 llis'Url3d Policy No. us-6c3s9oz.t.Js Endors.EiiWI'\t No. 01 Premium Insurance Company Countersigned by----'--~'------~--- DATE OF ISSUE: 12 ·24 -2014 ST ASSIGN: Page 1 of 1 7.A.a Packet Pg. 142 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) ~NA SCA23 500D (Ed. 10/11) THIS ENDORSEMENTCHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED COVERAGE ENDORSEMENT-BA PLUS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILTY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liabilitY "policy'' providi.ng "auto" coverage. 2. Any organization you newly acquire or form, other than a limned liabilitY company, pa.rtnership or jc:>int venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or fomiation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its ihcepiion date, whJchever is ea~ier: b. Does not apply to: (1) "Bodily injury'' or "property damage" caused by an "acedent" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insurec;f" under any other liabilitY "policy" providing "auto" coverage. 3. Any person or organization thatyou are obligated to provide Insurance where required by a writt.en contract or agreement is an insured, but only wnh respect to legal responsibilitY for acts or omissions of a person for whom Uability Coverage is afforded under this policy. 4. Ail "employee" of yours is an "insured" while. operating an "auto" hired or rented under a contract or agreement in that "employee's'' name, with your permission, while perforniing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, i.nctudes those policies !.hat were in force on the inception date of this Coverage Form but: 1. Wh.ich are no longer in force; or 2. ··Whose limn& have been exhausted. B. Bail Bonds and Loss of Earnings . Section II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1. In a.(2), the limn for the cost .of bail bonds is increased from $2,000 to $5,000, and 2. In a.(4), the limn for the loss of earnings is increased from $250 to $5QO a day. C. Fellow Employee Section li, Paragraph B.S does not apply. Such coverage as Is affo_rded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Towing Section Ill. Paragraph A.2., is revised to include Light Trucks up to 10.000 pounds G.v:w: B. Glass Breakage -Hitting A Bird Or Animal - Falling Objects Or Missiles The follOwing is added to Section Ill, Paragraph A.3;: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, ih a manner acceptable to us, rather than replaced. C. Transportation Expenses Section Ill, Paragraph A.4.a. Is revised, with respect to transportation expense incurred by you, to provide:· a. $60 per day, in lieu of $20; subject to b. $1,800 maximum. ih lieu of $600. D. Loss of Use Expenses Section Ill, Paragraph A.4.b. is revised, wnh respect to l.oss of use expenses i11cuTred by you, to provide: a. $1,090 maximum, in lieu of $600. E. Personal Property The following is added to Section Ill, Paragraph A.4. c. We will pay up to $500 for loss to Personal Property which is: SCA23500D (Ed. 10/11) Copyright, CNA Corporation, 2000, Page 1 of3 Includes copyrighted material of the Insurance Setvlces Office used wTth its permlsgion. 7.A.a Packet Pg. 143 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) ~NA (1) Owned by an "insured"; and (2) In or on the covered "auto.': This coverage applies only in the event of a total thef! of your covered "auto." This insurance is excess over any other collectible insurance and no deductible applies. F. Rental Reimbursement The following is added to Section Ill, Paragraph A.4.: d. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to ·a covered "auto.'' Payment applies in addition to the otherwise applicable amount of each cOverage you have on a coveJ;ed "auto." No t;leductibles apply to this coverage. 1. · We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the poilcy's expiralion, with the lesser of the fOllowing number of days: (a) The number of days .reasonably required to repair or replace the covered ''auto"; or, (b) 15 days. ·2. Our payment is lim~ed to the lesser of the following amounts:· (a) Necessary and actual expenses incurred; Or, (ll) $25 per day subject to a maximum of $375. 3. This coverage does not apply While there are spare or reserve "autos" available to you for your operations. 4. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will p~y under this coverage only that amount of your rental reimbursemen\ expenses which is not already provided for under the Physical Damage Coverage Extension. G. Hired "Autos" The following is added to Section Ill. Paragraph A.: 5. Hired 11Autos" If Physical Damage coverage is provided Onder this pplicy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract SCA23500D (Ed. 10/l1) in that indMdual "employee's" name, with your permission, while perforrn_ing duties related to the conduct of your-business. c. The most we will pay for any one "accident" or "loss" is the actual cash value·, cost of repair, · cost of replacement or. $75,000 whichever i_s less minus a $500 deductible for each covered auto: No deductible applies to "loss" caused by fire or lightning. ' d. the physi~l damage coverage as is provide(j by this provision will be Jim~ed to the types of physical damage coverage(s) provided oil your oWned "autos.11 e. Such physical damage coverage for hired llautos"will: (1) Include loss of use, pr9vided ~ is the consequence of an "accident" for which the Named Insured is legally liable, and as a resuH of which a monetary loss is . sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision G.e.(1) will be subject to a limit of $750 per "accident." H. Airibag Coverage The following .is ac!ded to Section Ill, Paragraph 8.3. The accidental discharge of an airbag .shall not be considered mechanical breakdown. 1. Electronic Equipment Section Ill, Paragraphs B.4.c and B.4.d. are deleted - and replaced by the fullovving: c. Physical Damage Coverage on a covered "auto" also applles to "loss" to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible. applies to the coverage provided by this provision. J. Diminution In Value The following is added to Section Ill, Paragraph 8.6. Subject to the fOllowing, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease_, hire, rent or bc;mow, without a driver for a period of 30 days or less, while performing duties related to the -conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" wtthout a driver for a period of 30 days or less, SCA23500D (Ed. 10/11) Copyright, CNA Corpoi'ation, 2000. Page2 of3 Includes copyrighted material of the Insurance Services; Office used with itS permis$ion. 7.A.a Packet Pg. 144 Attachment: Exhibit A Arrow Sign Company Original Agreement (1768 : Arrow Sign Company Amendment 5) City of Gilroy Engineering Division 7351 Rosanna 'St., Gilroy, CA 95020 Phone (408) 846- 0450 Fax (408) 846 -0429 CHANGE ORDER NO.002 To contract for : City of Gilroy Wayfinding Project Phase II 15- RFP -PW -381 Contractor: Arrow Sign Company_ Contract Date: 1/02/2018 This order shall become effective when it has been signed by the City Administrator, City Engineer, Project Engineer, and Contractor. All copies forwarded to Contractor for signature shall be returned to The City of Gilroy properly filled out. Upon acceptance by the City, the Contractor's copy will be returned to him as his authority to proceed with the work. Description of Work This change order provides for the following: Item I: 1. A reduction of sign Type A4 from 4 ea. to 3 ea. 2. An addition of Sign Type A5 from 10 ea. To 1 ea. a. Sign location 81 shall be changed from Type A4 to Type A5 per the attached Exhibit A 3. 'A reduction of sign Type B 1 from 22 ea. To 21 ea. a. Sign location 30 and 42 Type B'1 shall be changed to Type B5. b. Sign location 41 Type B5 shall be changed to Type B1 4. An addition of Sign Type B2 from 7 ea. To 8 ea. a. Sign location 18 Type B2 shall be removed from the contract b. Sign location 77 Type B5 shall be changed to Type B2 c. Sign location 49 Type B5 Shall be change to type B2 5. A reduction of sign Type B3 from 22 ea. To 17 ea. a. Sign locations 86, 98, 96, 97, 100, and 101 Type B3 shall be removed from the contract b. Sign location 78 Type B3 shall be changed to Type B5 c. Sing Location 114 and 115 shall be added to Type B3 6. A reduction of sign Type B5 from 20 ea. To 19 ea. a. Sign location 30 and 42 Type BI shall be changed to Type B5. b. Sign location 77 and 49 Type B5 shall be changed to Type B2 c. Sign location 78 Type B3 shall be changed to Type B5 d. Sign location 41 Type B5 shall be changed to Type B 1 e. Sign Location 20 and 22 Type B5 Shaul be removed f. Sign Location 1 7 shall be added to Type B5 7. An addition of 11 break -away systems for the following sign locations per the attached Exhibit B a. Sign Locations 1, 2, 9, 10, 41, 43, 51, 809 81, 83, and 94. This shall bring the total number of signs to be furnished and installed to 69 each. The cost of this quantity 7.A.b Packet Pg. 145 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) changes shall be included in the lump sum change order cost below. Item II: The contractor shall cancel the professional liability insurance (errors and omissions insurance) as stated in the original contract, Article 5 Section D. It has been determined that the professional liability insurance will not be necessary for the works that the Contractor will be engaging in. This cancellation shall be in effect no later than 12/8/2017 per Exhibit C. The cost of this professional liability insurance shall be included in the lump sum change order cost below. Item III: The total cost for the performance bond not included in the original contract dated 6 /30/2014 shall be included in the lump sum change order cost below per Article 4 Section D. This cost shall include all direct expenses as well as administration and overhead cost. Item IV: All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal of the licensed civil engineer and shall include his or her name and license number. All final civil engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping. All cost associated with this requirements shall be included in the lump sure change order cost below. Item V: All additional cost in relation to the demobilization and relocation of signs from the manufacturing facility to the storage facility shall be included in the lump sum change order cost below. Item VI: All additional cost associated with re- marking, resurveying, and Underground Service Alert (USA) coordination for all 69 signs shall be included in the lump sum change order cost below. Item VII: All additional cost associated with the storage and maintenance of the 69 signs from 2/0 /2017 to 12/31/2017 shall be included in the dump sum change order cost below. Any additional cost incurred after 12/31/2017 shall be billed on a monthly basis at $242.00 /month or $0.50 per square foot whichever is Tess. Item VIII: The project is set to be constructed in two phases. The 49 signs within the City and County right -of- -way shall be installed in first phase while the other 20 signs within the CalTrans right-of-way shall be installed in the second phase. Phase one mobilization is included in the original contract and shall be perform at no additional cost to the City. All additional cost associated with the mobilization of phase 2 and other subsequent ,phases shall be billed at $1540 per phase. Item IX: All cost associated with the temporary traffic control set -up shall be included in the lump sum change order cost below. This temporary traffic controls set -up shall be per the approved county encroachment permit and per the 2015 Caltrans standard plan TIO for shoulder closure and one -lane closure in Exhibit D. Any deviation from the documents mentioned above shall be billed on a force account basis. The Contractor shall obtain written approval from the City prior to incurring or billing of these expenses. Item X: The Contractor is required to participate in a preconstruction meeting with a professional archaeologist prior to the start of construction to familiarize with artifact and procedures when working in or near prehistoric archaeological site. Site supervisors and operators are required to attend this meeting. It is the Contractor responsibility to coordinate a one -time preconstruction meeting with the City prior to ground disturbing activities. All cost associated with this preconstruction meeting shall be billed on a force account basis. 1 Item XI: In an event that the contractor discover artifacts per the preconstruction meeting, all soil disturbing activities within the area shall be halted and the contractor shall contact the City and the dedicated 7.A.b Packet Pg. 146 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) professional archaeologist immediately. Any delay due to this encounter shall be tracked and paid for on a force account basis. Item MI: All costs associated with the modification and installation of the break -away systems per Exhibit B for the 25 signs at location 14, 15, 17, 25, 27, 28, 29, 35, 36, 37, 49, 50, 52, 54, 55, 57, 69, 70, 72, 76, 77, 84, 87, 111, and 113 shall be included in the lump sum change order cost below. Any additional signs requiring break away systems shall be billed per the unit price below: Type B 1 - $3,096 each Type B2 - $1,753 each Type B3 - $'1,753 each Item XIII: All force account works shall be billed per the attached Labor Rate Exhibit E. All other equipment and labor cost not covered in Exhibit E shall be billed per the current CalTrans Equipment Rental Rates and Labor Surcharge. The Contractor shall obtain written approval from the City prior to incurring or billing of these expenses. Copies of pertinent financial records, including invoices and time-cards will be included with the submission of billings for these expenses. Any works proceeded without prior approval from the City shall be the responsibility of the Contractor and the Contractor shall not hold the City responsible for the cost associated with these expenses. Item XIV: This change order extends the term of the agreement for services between the City and the Contractor dated June 30, 2017 to June 30,, 2018. All requirements of the original Contract Documents shall apply to the above work except as specifically modified by this Change Order. The contract time shall not extend unless expressly provided for in this Change Order. By signing this Change Order, Contractor ac'knowl'edges and agrees that the adjustments to cost and time contained herein are in fulls satisfaction and accord, and are accepted as ,payment in full, for any and all costs and expenses associated with this Change Order, (the "Extra Work "), including but not limited to labor, materials, overhead and profit, delay, disruption, loss of efficiency and any and all other direct and/or indirect costs or expenses associated with the Extra Work and hereby waives any right to claim any further cost and time impacts at any time during and after completion of the Contract associated with the Extra Work. 7.A.b Packet Pg. 147 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) Arrow ;Sign •C'ompany;hereby agree to make -the above tha ges subject to, the terms of this Change Order for the NET INCREASE 15,1186.20 P. CONTRACTOR PRIN T NAMY AND Date:: Originall Contract Price Previous Change Order& ota9G to Date This Change:,Ord'er Total. Change Orders to Date Revised Contract, Price Cost Percentage Initiall 334,988':,00 S0!00 334,988:00, 115,186.20 1.15_,18'6.20- 449,206:20 RECOMMENDED BY: Co st io Date 1 X7: ACCE'PTE DBY: City Adminis r Date ity Engineer Date Project Enlgiheeyl, Date 0:00% 34.39% 7.A.b Packet Pg. 148 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) Exhibit A Sign A,5 7.A.b Packet Pg. 149 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) 77 ci mr.,junlitty ice' h Sp 'v,.~--. -?,x lift SIGN A5 ELEVATION 4 17 Il It I "I w r i h f Z-A- --zi DETAIL A5.1 7.A.b Packet Pg. 150 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) x'h il I it IBreak -Away Systems 7.A.b Packet Pg. 151 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) F 70mm. 1129mm 1 " -8 UNC •(25mm) iNuf. Flat, Washer 3x21 mm 1 /8 7x 1i -1 /8 "k 2 ") Pole -Base: Plate See 'Pole 1Deiail's): Flat 'Washer. 3x28x5llmm. h /8 "xili- 11/8 "'x2 ")' Upper'Wrench Flats, Pole -Safe Model No. .5U00' Breakaway 'Support Coupling 11 " -8, UNC (25mm); External Threads, Both Ends, Typical Cower Wrench ]Flats Galvanized 'Steel, Shim,. 14gi and /or 18g Thickness if required for leve'ling) Top- of, 'Concrete (Foundation I _JTa1n1e55 ZTeeli Iricr YYasner 57) MITRANSMINew !Rochelle, INY A0801i 3x27x.64mm 1 ") 9114- 636 -11000 1,/8•x1; /16"x2'- t'1/2 welded to .Anchor), Scale: Not To Scale 220Date: October 1 Stainless Steel Threadedl Ferrulf aria 6,056,47.1 n' Drawing No. PS-5100-1 _ Sheet: 11 of 1 UNC ,(25rmm) Threads. 381 mm j Depth =29mm (11- 1/8 -), •minimi Tronspo Type !B: Anchor I Steel Wire, 1 d.',mm 7 116" l Ii Diameter (4 per .Anchor) I I Closed' .Wire Coil,,, 37mm i 111-71/16") 0.D.,, 51 rnm (2 ")' L-! I Long„ 6 Revolutions i 57mmi I(2- 1/4 "), C0'UIPLIINIG and ANCHOR DETAILS 4 - -per P'o Ile): - — — Skirt Panel., Aluminum Sheet 4- '11.6mm Thick, Typical, 4 per Skirf)- IBoM Circle Diameter - See Pole 'Base iPiate and :o • ,o a Foundation Details for .Anchor and ICouplingi Layout j 0 0 0' Stainless 'Steele Y! ' Sheet 'Metall .Screw, / IOx110mmi (#IOx3 /8 ")' Typical, 8 ;per Skirt) / SKIRT DETAILS - - - -- - - y ate Skilrt IPanel Overlap Configuration: N,OTIE':, AI11 dimensions are iin ,millimeters (i'nches)i unless otherwise ,noted. r 20127mm 9'ones 5tceef57) MITRANSMINew !Rochelle, INY A0801i 9114- 636 -11000 TI:e:SmanSoluuensConpany wwwAr.anspo.com! Fal le — S QI f e, Model!! 5,10 0 Breakaway Support 'System for ILigbf. Poles. Scale: Not To Scale 220Date: October 1 Potent, INo, '5,47W,4o6 aria 6,056,47.1 n' Drawing No. PS-5100-1 _ Sheet: 11 of 1 7.A.b Packet Pg. 152 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) i Top Surface I \ l Type B Ferrule Bolt Circle Diameter Anchor, Typical', I (BCD) 4 per Pole I j' X i I iPlan View TYPICAL ANCHOR ILAYOUT I iTrop of Concrete Foundation I i l 41,mm ---Stainless Steel Flat Washer 1' -5/8 ") I 3x27x64mm (1/8 "xi- 1'/16 "x2 -1/2 ") welded to Archor) i I I Stainless Steel Threaded Ferrule 1 " -8 UNC (25mm) Threads, 381 mm I Depth =29mm (1- 1/8 "), minimum 15 ") I' Trans o ' P Type B Anchor Steal Wire, 11mm (7/16 ") Diameter (4 per Anchor) Closed Wire Coil, 37mm (1- 7/16 ") O.D., 51mm (2 ") Long, 6 Revolutions j I r INSTALLATION INSTRUCTIONS: 57mm 1. Fabricate a flat, rigid template with four (4) 1" 2 -1/4) (25mm)- diameter holes located to match the ANCHOR DETAILS specified bolt pattern of the pole base plate. 2. Attach four (4) Pole -Safe Type B Female Anchors Template Bolt (4 per Pole to template using four (4) 1" (25mm) - diameter temporary) Template temporary) Foundation Form or other means of support for template while concrete cures I .' Elevation View bolts. Ensure 'hot each Anchor Washer is flush and snug against the bottom of the template. 3. Lower Anchor Assembly into fresh concrete foundation, and vibrate into position such that the tops of the Anchor Washers are flush with the finished top surface of the foundation. 4. Support template such that oil Anchors are level and in their proper positions. 5. Allow concrete to cure, and then remove bolts and template from the top of the foundation. PHYSICAL PROPERTIES: I. Minimum Ultimate Tensile Load = 267 kN 60.0 kips) per Anchor. 2. Actual Pullout Strength depends on foundation design, and concrete proporties. RANSPOs J Street New w RocRochelle, 'NY 10801 914 -636 -1000 Ihe Smart a.lutinnsZom2W:v www.franspo.com Type B (1") Ferrule Anchor for use with Pole —Safe Model 5100 Scale: Not To Scale Date: October 2012 Drawing No. PS- TBA- 5100 -1 Sheet: 1: -o t Top Surface III III of Concrete Foundation I j' 6S L__ Elevation View bolts. Ensure 'hot each Anchor Washer is flush and snug against the bottom of the template. 3. Lower Anchor Assembly into fresh concrete foundation, and vibrate into position such that the tops of the Anchor Washers are flush with the finished top surface of the foundation. 4. Support template such that oil Anchors are level and in their proper positions. 5. Allow concrete to cure, and then remove bolts and template from the top of the foundation. PHYSICAL PROPERTIES: I. Minimum Ultimate Tensile Load = 267 kN 60.0 kips) per Anchor. 2. Actual Pullout Strength depends on foundation design, and concrete proporties. RANSPOs J Street Neww Roc Rochelle, 'NY 10801 914 -636 -1000 Ihe Smart a.lutinnsZom2W:v www.franspo.com Type B (1") Ferrule Anchor for use with Pole —Safe Model 5100 Scale: Not To Scale Date: October 2012 Drawing No. PS- TBA- 5100 -1 Sheet: 1: -o t 7.A.b Packet Pg. 153 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) s TRANIS'PQ ' The Sinart Solutions Company Pole -Safes Model No. 5100 Breakaway Support System for Light Poles INSTALLATION INSTRUCTIONS NOTE: Proper Installation is essential for the Pole -Safe Breakaway Support System to function correctly as designed. Anchor Assembly: 1. Fasten Transpoc", Type B Female Anchors to a rigid template pre - fabricated to match the specified bolt circle. 2. Lower entire anchor assembly into the fresh concrete foundation, and vibrate assembly into place, such that the anchors are in the proper location to match the holes in the pole base plate. Ensure that all anchors are level and that the tops of the individual anchors and the bottom of the template are flush with the finished top surface of the foundation. 3. Allow foundation to fully cure, and remove template from the anchors. Coupling Assembly: 1. Surface of foundation around anchors must be smooth, flat and free of debris. 2. Thread Pole -Safe couplings into Transpo -' Type B Female Anchors. 3. If needed, shims are provided for leveling of the pole base plate, and may be installed at the base of the coupling(s). No more than 2 shims shall be installed on any one coupling. For larger adjustments that may be required, install no more than one additional flat washer under the base plate, on the top shank of the coupling(s). 4. Use lower wrench flats to tighten Pole -Safe couplings into the anchors. Secure couplings as tight as possible using conventional wrenches. Do not use a pipe wrench. Couplings must be seated squarely on top of the anchors. 5. Install a flat washer on top of each Pole -Safe coupling, and set the pole with base plate on top of the couplings. 6. Install a flat washer and' nut on to each coupling extended through the pole base plate. If pole is not plumb, install shims and /or washers for proper leveling as described in Step 3 above. 7. Tighten each nut on to pole base plate. Pole -Safe couplings must be held with an additional wrench on the upper wrench flats to prevent an induced torque stress across the necked portion of the couplings. Nuts shall be tightened using the turn - of -nut method in accordance with American Institute of Steel Construction (AISC) procedures (1/3 rotation past `snug tight "). Transpo fnd!ustries, Inc_, 20 Jones Street, New Rochelle, NY 10801 -6098 Phone: 914-636-1000 Fax:914 -636 -1282 w%vvy. €ranspo.com 9112 7.A.b Packet Pg. 154 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) Template Bolt Template temporary) / (temporary) Top Surface of Concrete Foundation Transpo -''' Ty,pe B Female Anchor Typical, 4 per Foundation) Foundation' Form or other means of support for template while concrete cures See other side of page for complete Installation Instructions Typical' Anchor Layout i i i i Bolt Circle Diameter ' Trans,po`4' Type 1B Female Anchor Typical', 4 per Pole) Transpo® Type 'B Female Anchor for use with Pole- Safe ° Model Ni o. 5100 and 5125 Breakaway Support System for Light Poles RAN S P0' 20 Jones Street New Rochelle, NY 10801 INDUSTRIES. Inc 914- 636 -1000 10/12 PA] The Smart Solutions Company www.trans o.corn 7.A.b Packet Pg. 155 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) 1 " -8 U N C (25 im m) Nut per ASTM A563 Grade DH 3x28x51 mm (1/8 "x1- 118 "xZ) Flat Washer per ASTM F436 Pole Base Plate 3x28x51 mm (11/8 "x1- 118 "x2 °) Flat 70 mm Washer per ASTM F436 2 -314 ") 129 mm 5- 1/16 ") 29 mm 1 -1t8 ") Upper Wrench Flats Double - Neck? "' Pole- Safe,P, Coupling, Model No. 5100 4 per Pole, Typical Lower Wrench Flats Galvanized' Steele Shim 14g andlor 18g Thickness if required for leveling) Transpo`' Type B Female Anchor, 1 " -8 UNC (25 mm) Internal! Threads {Anchors sold separately) Melted and Manufactured in the USA Patent Nos. 5.474.408 8 6.056.471 1/14 SPECIFICATIONS Performance Criteria: 1. Double-Neck TI Pole - Safe " conforms to AASHTO Standard Specifications for Structural Supports for Highway Signs, ',Luminaires and Traffic Signals." 2. Double-Neck T11 Pole -Safe' has been crash- tested and FHWA approved in accordance with the requirements of NCHRP Report 350, "Recommended Procedures for the Safety Performance Evaluation of Highway Features." 3. Maximu,mi Allowable Pole Mass = 450 kg (992 Ib)! (total, including fixtures). Physicall Properties per Coupling: 1. Uiltimate Tensile Strength = 221.5 kN (49.8 kips), minimum.. 2. Tensile Yield Strength = 192.0 kN (43.2 'kips), minimum. 3. Ultimate Restraiined Shear Strength = 16.9 kN (3.8 kips), minimurn. 4. Ultimate Restrained Shear Strength = 24.4 kN (5.5 kiips), maximum. Corrosion Protection.: 1. All Double -Neck' " Pole- Safe`'' couplings, nuts, bolts, and washers are galvanized after fabrication in accordance with AST 'M A1:53. All leveling shims are galvanized after fabrication in accordance with ASTM' A653. Pole -Safe® Model No. 5100 Breakaway Support System for Light'Poles TRAN sipo " 5TRIES Inc The Smart Solutions Company 20 Jones Street New Rochelle, NY 1 0801 914- 636 -1000 com 7.A.b Packet Pg. 156 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) 41 mm 1 -5/8 ") Ir 381 mm 15 ") SPECIFICATIONS Physical Properties: Top of Concrete Foundation 1. Ultimate Tensile Load = 267 kN (60.0 kips) minimum per Anchor. Stainless Steel Washer 64 mm (2 -1/2 ") O.D. 27 mm (1- 1/16 ") I.D. 3.2 mm (1/8 ") Thick Stainless Steel Threaded Ferrule V-8 UNC (25 mm) Thread Depth = 29 mm 1- 1/8 "), minimum Steel Wire, 11.1 mm 7/16 ") Diameter 4 per Anchor) 56 mm (2- 3/16 ") Melted and, Manufactured in the USA 1114 2. Actual Pullout Strength depend's on foundation design and concrete properties. Installation Instructions: See other side of page for typical installation diagrams. 1. Fabricate flat steel or wood template with four (4) 25 mm (1' ") diameter holes located to match the specified bolt pattern of the Break -Safe brackets attached to the signpost. 2. Attach four (4) Break - Safe'' Type B Female Anchors to template using four (4) 25 mm (1' ") diameter bolts. Ensure that each Anchor Washer is flush and snug against the bottom of the template. 3. Lower Anchor Assembly into fresh concrete foundation, and' vibrate into position such that the tops of the Anchor Washers are flush with the finished top surface of the foundation. 4. Support template such that all Anchors are level and in their proper locations. 5. Allow concrete to cure, and then remove bolts and template from the top of the foundation. Transpo® Type B Female Anchor for use with Pole SafeU Model' No. 5100 and 5125 Breakaway Support System for 'Light Poles TRANSPO® INDUSTFIES. Ins, Tht Smart Sol,., iorns Ccmnpany 20 Jones Street New Rochelle, NY 10801 914 -636 -1000 www.tranS'DO.com Closed Wire Coil' 37 mm (1- 7/16 ") O.D. 51 mm {2 ") Long 6 Revolutions Melted and, Manufactured in the USA 1114 2. Actual Pullout Strength depend's on foundation design and concrete properties. Installation Instructions: See other side of page for typical installation diagrams. 1. Fabricate flat steel or wood template with four (4) 25 mm (1' ") diameter holes located to match the specified bolt pattern of the Break -Safe brackets attached to the signpost. 2. Attach four (4) Break - Safe'' Type B Female Anchors to template using four (4) 25 mm (1' ") diameter bolts. Ensure that each Anchor Washer is flush and snug against the bottom of the template. 3. Lower Anchor Assembly into fresh concrete foundation, and' vibrate into position such that the tops of the Anchor Washers are flush with the finished top surface of the foundation. 4. Support template such that all Anchors are level and in their proper locations. 5. Allow concrete to cure, and then remove bolts and template from the top of the foundation. Transpo® Type B Female Anchor for use with Pole SafeU Model' No. 5100 and 5125 Breakaway Support System for 'Light Poles TRANSPO® INDUSTFIES. Ins, Tht Smart Sol,., iorns Ccmnpany 20 Jones Street New Rochelle, NY 10801 914 -636 -1000 www.tranS'DO.com 7.A.b Packet Pg. 157 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) Exhibit C Professional Liability Insurance Cancellation 7.A.b Packet Pg. 158 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) t of Offrop 7351 ,Rosanna Street Gilroy, California 95020 -6197 Nicole Salmon 1051 46th Ave.. Oakland, CA 94601 Phone: 510- 533 -7693 Email: nsalmon @arrowsigncompany.com Re: Professional Uahility Cancellation Nicole, Girurn Awoke Director of Public Works Telephone (408) 846 -04511 http: / /www.cityofgilroy.org Nirorn Than Engineer I Tel'ep'hone 408 - 846 -0293 12/1 /2017 Letter # 005 Thank you for your continuous support for the Wayfinding Project. The City has reviewed your letter dated 10/ 16/2017 and agreed to cancel the professional liability insurance errors & omissions) as stated in the original contract, Article 5 Section D. It has been determined that the professional liability insurance will not be necessary for the works that Arrow will be engaging inn. This cancellation shall be in effect no Pater than 12/8/2017. The City ins, looking forward to receiving the cancellation confirmation. Additionally,, we are still waiting on the decision from the city council regarding the global contract amendment. As stated earlier on, we do have this on the council agenda for January 8th, 2018. The city will continue to provide you update regarding this decision. Rinr.PrPly G: \COMDEV\ENGINEERING \TRAFFIC & TRANSPORTATION \1 TRANSPORTATION ON -GOING PROJECTS \4_WAYFINDING PHASE Ili- ARROW SIGN COMPANY\LETTER \LETTER #005 PROFESSIONAL LIABILITY CANCELLATIONIDOC 7.A.b Packet Pg. 159 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) Typical Temporary Traffic Control Plan 7.A.b Packet Pg. 160 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) California MUTCD 2014 Edition FHWA's MUTCD 2009 Edition, including Revisions i & 2, as amended for use in California) Table 61-1-1 (CA). Index to Typical Applications Page 1135 1yeical Apelication Description Typical Application Number Work affecting Pedestrian and Bicycle Facilities (see Section 6G.05 Shoulder Closure on Urban Low Speed) Locations to Accommodate Bicyclists TA -101 CA Lane Closure on Freeway, Expressway, Rural and Urban (High Speed) Locations to Accommodate Bicyclists TA- 102(CA) Detour for Bike Lane on Roads with Closure of One Travel Direction TA -103 CA Right Lane and Bike Lane Closure on Far Side of Intersection TA-104(CA) Work Within the Traveled Way of a Two -Lane Hi hwa see Section 6G.10 Lane Shift on Road with Low Traffic Volumes TA -105 (CA) 03 -/, 74 )3S I Chapter 6H — Typical Applications November 7, 2014 Part 6 — Temporary Traffic Control Table 6H -2. Meaning of Symbols on Typical Application Diagrams Arrow board Shadow vehicle 0 Arrow board support or trailer shown facing down) Sign (shown facing left) Changeable message sign or support trailer Surveyor Channelizing device 0 Temporary barrier Crash cushion Temporary barrier with warning light Direction of temporary tramc detour Traffic or pedestrian signal Direction of traffic ri Flagger Truck - mounted attenuator Type 3 barricade High -level warning device Flag tree) Warning light Longitudinal channelWng device Work space i Luminalre Pavement markings that should be o Work vehicleremovedforalong -term project 03 -/, 74 )3S I Chapter 6H — Typical Applications November 7, 2014 Part 6 — Temporary Traffic Control 7.A.b Packet Pg. 161 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) California MUTCDI 2014 Edition Page 1136 FHWA's MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Table '6H -3. Recommended Advance Warning Sign Minimurm Spacing Road' Type Distance Between Signs* A B C Urban 4lowepe"*- 26 mph or less — 100 feet 100 feet 100 feet Urban - more than 25 mph to 40 mph""' 250 feet 250 feet 250 feet Urban ihi di more than 40 mph "` 350 feet 350 feet 350 feet Rural 500 feet 500 feet 500 feet Expressway J Freeway. 1,000 feet 1,500 feet 2,640 feet The column headings A, B, and C are the dimensions shown in Figures 6H -1 through 6H-46. The A dimension is the distance from the transition or point of restriction to the first sign. The B dimension is the distance between the first and second signs. The C dimension is the distance between the second and third signs_ (The "rust sign" is the sign in a three -sign series that Is closest to the TTC zone. The "third sign" is the sign that is furthest upstream fnxm the TTC zone.) Posted speeds limit, off-peak 85th- percentile speed prior to work starting, or other anticipated operating speed in mph. Table 6HI-4. Formulas for Determining Taper Length Traffic Control Chapter 6H – Typical Applications November 7, 2014 Part 6 – Temporary Where: L =taper length in feet W = width of offset In feet S = posted speed limit, or off -peak 85th- percentile speed prior to work starting, or the anticipated operating speed in mph Speed (S) LeTapTapLength (L) to feet Ws= 40 mph or less LL 60 45 mph or more LL = WS Chapter 6H – Typical Applications November 7, 2014 Part 6 – Temporary Where: L =taper length in feet W = width of offset In feet S = posted speed limit, or off -peak 85th- percentile speed prior to work starting, or the anticipated operating speed in mph Ws= 40 mph or less LL 60 45 mph or more LL = WS Where: L =taper length in feet W = width of offset In feet S = posted speed limit, or off -peak 85th- percentile speed prior to work starting, or the anticipated operating speed in mph 7.A.b Packet Pg. 162 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) California M TCD 2014 Edition Page 1137 FHWA's MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Table 6H- 4(CA)l. Taper Length Criteria for Temporary Traffic Control Zones for 12 feet Offset Width) Speed* S mph) Minimum Taper Length" for Width of Offset 12 feet (W) Merging L feet Shifting Ll2 feet Shoulder LI3 feet Down Stream feet)*** 20 80 40 27 50 25 125 63 42 50 30 180 90 60, 50 35 245 123 82 50 40 320 160 1107 50 45 540 270 180 50 501 600 300 200 50 55 660 330, 220 50 60 720 360, 1 240 50 65 780 3901 260 50 70 840 1 420, 280 50 75 900 450 300 50 Posted speed limit, off -peak 85t'- percentile speed prior to work starting, or the anticipated) operating speed in mph. For other offsets use the following merging taper Length formula for L: For speeds of 40 mph or Tess, L= WS2 /60 For speeds of 45 mph or more, L =WS Where: L = taper length in feet W = widthi of offset in feet S = posted speed limit, off -peak 85'h- percentile speed prior to work starting, or the anticipated operating speed in m,ph Maximum downstream taper length is 100 feet. See Section 6C.08. o3- /ao3s1, Chapter 6H -- Typical Applications November 7, 2014 Part 6 — Temporary Traffic Control 7.A.b Packet Pg. 163 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) 171 OZ `L .jaqujono& uolleollddd leold S311W XX IUN T HUN OVOH T 8 NHOA" 83QinOHS fi T d 1 C4 1 i A 4m olo. L OWN Gas) jade; japjnoyS F E o oc C2 rn mHom MINK T 'r v A i L DION DOS) / jadel japinogS leuoildo) loom avow TaN3 Io.TauoD oalm L fawodujaZ - 9 wd suoTlroTldddjvojdAj - H9.raldRD l am6g siyl ui pasn sapoo iallaj jo/pue sjoquus ayj 10 6uiueaw aul Jo; 149 pue Z -Hg SGIgel DOS :DION 0euopdo) i ENO ROAD Z -OZO L DION DOS) jades aapinogS 5 -6zm l i d SHOULDER L I WORK 4 SHOULDER 9 -LZM An WORK i 9 AD WORK. NEXT XXX MILES L-OZE) dl) siopinouS 941 uo )[aoM •C -Hg ejn6i j T;TU.uo3!juD uT asn jo3 papuoum su `Z V I suoISTnag gulpnloui `uoTlTpg 60OZ (IDJnW s.` AkH3) Et I I a3Ed Uoil?PH v IN CIDJ lw UltuoJgLaD 7.A.b Packet Pg. 164 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) California MUTCD 2014 Edition FHWA's MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Figure 6H-30. Interior Lane Closure on Multi -lane Street (TA -30) GV3HV NHOM T C1101 I T t t B T A OWNl 3H1 or w 38M W11 -1 & W16 -1P See Notes 6 & 7) 000 See Section 617.61 Vz Buffer Space optional) o VZY Page 1205 0373D3s Truck - Mounted Attenuator 1 optional) Buffer Space See Section 617.61 optional) L a 11 -1 &W16-113 See Notes 6 & 7) i SliA1iE TW RUAO A l W4 -2 Note: See Tables 6H -2 and 6H -3 B for the meaning of the 4 t tsymbolsand /or letter * W2C-1 codes used in this figure. 1 Typical Application 30 Chapter 6H — Typical Applications November 7, 2014 Part 6 — Temporary Traffic Control 7.A.b Packet Pg. 165 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) California N UTCD 2014 Edition Page 1212 FHWA's MUTCD 2009 Edition, including Revisions I & 2, as amended for use in California) Figure 6H -33. Stationary Lane Closure on a Divided Highway (TA -33) J6 T1500 (optional) G20 -2 optional) t 500 ft1001 (optional) SCi Work vehicle SC20(CA) CON (optional) i Truck- mounted Zl]t.E attenuatorp4elf ( optional) Buffer space (optional) 46 Buffer space (optional) Temporary white edge line L L 000 000 Shoulder taper Shoulder taperE A (see Note 3) A (see Note 3) 4 i i i i W4 -2 B B d. i I 1W C •,. i l,L SC 19 (CA) 8L i— wl (optional) A - LONG -TERM AND INTERMEDIATE t t B - SHORT-TERM Typical Application 33 W20 -5 C W20 -1 Note: See Tables 6H -2 and 61-1-3 for the meaning of the symbols and/or letter codes used in this figure. Chapter 6H — Typical Applications November 7, 2014 Part 6 — Temporary Traffic Control 7.A.b Packet Pg. 166 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) c•20'7 Catifcrnia Depertma.n"t of T,ranspor-utfor av, you L.4_AY IA`; Auf' ?C'R!n1_i- NOTES: TO ACCCi.1PANY PLANS DATED --. "._:..•, n. -_ _ - _ "!'_ :..__.__._ - -- - -. h4 E• NOTES t, A' L NOIES P AND 7 Sea Revised p Sra rord 'lam RS? T r,-.r tables. g v " C20ICA1R Use cone a actn x for taper ee ment, Y for tan enr se ment or 7 for RCA L SLL NOl ES ,,, 1 AND < ;i AND 4 GOnf!iC' bituu-iat :s, cs p•pr bpr cie, per TaGle 1, untee3 for Z _or',e F. IfCRK 1{f LAK I ,I a l n Ug back tr».a a d 11n it51 ^n9e5 h.711 fSaVe GIaCk 'lelegend an fluor recent yaHEAD CL 5 P y g , g` January 217, 201 sl n J CONI SPACING X - [A I 170 SFr ^+ :l 'f :, °, AND f SEE TABLE t AND L -!.I California cones are oeslg ^n -er. y !f,A'. pinarr.lae, FeCero,l IMUTCD! eaoaa "'"`' \• o NOTES '.0 AND . 1 shcw.l. m i. i..r.`++,rv.• r, .. ., , x CONE PACING E TABLE 1 AND SFr /NOTES 0 AND 1 t ^' ' r SSE ''> -+ +• +rcr+ " ,,,_ NOTE. F' — F% MEDIANvS14OULDEP. 5 — ti M n o O ., , . _ . --_-- -_ SHOULDER , ... SE. NOTES 9 A!:D 9 --- „ SF. 17 NOTE t 2 ,`_._- _..___.,_..------- - - - --- - - - -- -_ ----- - - - -- -- D.'AtiCF NARM1INC Sll,`. WORK '.4RFA — - y J =CN : ACRCSS EACr CLCSF, LANs A '- _ _ ?t _ _ :I_ D - A':D SHOULDER EV0iY 2CCC'. SFf UC'F 12. SCC TABLE 1 r i` 5;:'t tiOTE 7 LAVE SE. IALLE tiFC 407E j y SCF_ -AaI,F u F'FLH Nd' - - CLOS© ANC TAR, F ' SEC TABLE 2 LANE CLOSURE CONE SPACING X S-- 7A9LF I ANT) NOTFS 10 4N,• i 4. SOLDER ' + - _ IONCE SnaC :NC- X,-SEE TaD_C 1 L J 5^ / DSi71 A`:I' 4U,1_.. C ANC 'I -_ •' : t.R I :ANA. r DCR Z33A(CAi 04:-1R — CLOSED VIM F'C NOTE. 1 e ------ s - FF NOTE = C :a'd SH.' l CF; w ?.,4 J — - - MEOIAVISHOULDcR v uCDIAN S.1CUL DER • • • •— — • • • y T • SHOULDER A EXIT A __ 50c, ..._., -"-- J / 3 _ ` NCRi AREA CLOSED CR J G-- -- .PACING.. % - - I... % /. Ti',H'Gl1 :NiNG LANE 500'Mcx OR A A : :V4M1Lr: NARNI NL SISN CON= SPa_CItiC __ ' "' CF ENTRANCE ?AMA C 0(CA) E5-1 5EC NOTE 1., SC ?13(CA) 5_F. `AHLE I AND " SEE TAaL_ 1 ANO ROADOiSiA ^ICE SF- 'A °.ii i NOT:., I'0 AND 1• c Jr Arab NO*E 4 NO'ES t0 AND 11 WORK LANE CLOSURE AT ENTRANCE RAMP LANE CLOSURE AT EXIT RAMPNOTES: AHEAD 1. Mcc+icn la:• c!asur ,fir,ll ccntorm io -r4 SHOULDER CLOSURE SF. ND.TE t6 N20 I SEC NOTE 4det'its r;s showr excep- 'het C?OiCA'), LEGENDa ^a W4 'L 91gn5 amall De .,sec. E, 'f -he A' ?0 -' sign would follow witnin 20OC' A+ enfit D.ne Pusan shal. 'Oe ,as igned tc of as'ailonary *20-' or G20-1 "ROAD MURK ravido fjl! tine mrinloncnco of trar+ic NEXT MI'LE5 %u0e a C20(CAI anon for C•ntre'I dmy cuJ for :Clio crusures, the first advance warning sign, t -.)L'u 7CCtU 6191` insiclila'lon5 are not roquiroa: Place C30(CA) sign every 2000'in-- oughout n a:COaii *e snoulaer i,f at leps- engim o. lane c:rssure. o" ^•c -hCl` of the, availcDle Iane.", Use one flushln$ orrow sign for each 'lone remuin up", t'o troffic. Cloaca, 1r* rlca,ling orrow 61gne ono; " be t! in tre meclan 'f Ina wldrn of ire Type I' medion snouJaer is leta3 than 8' and 9. A minlmum 1500 " or sight alstance snclllt'u• a'.:tsldu one.°, Oro -o be close!n. be ',7roviced where palislDla for vehicles acrl aevartce warning s;y ^n on each sine opprooching the fret floahinS arrow nigh, cF the roa woy shell :39 equipper wltm at LCne closuree enroll not Degln ci top of leas- 'wn flags for aaVtl'ne closure. FCcr, 1`reSt verrIrdl rllrvP_ or an a mnrl2antal cg snall'be a- ,ennt IE•' x 16" in curve. Oral small GC oro.t9e or fluorCticen! ree- eronge In color. = lashing beacons 0• Alt canes used fa' law closuros Curing Furl; be. o)toced or the locations ir.dica-ac tar' lane closure Curing hours of darkness. trte -,ours of darkness snarl be f'tteC will, rerroreflective Dnnde '(or sleeves). 5, C20 -2 "END ROAD WC-7K sign, with rlinirnum 1 .. Portcole del lneatcrs,, placua at one-half 6ize C, 4R. x 2,4" cis appropriate„ shall 'be the bpm!ng ineic tac for traffic cones alacec at the enc Of ine Lane closure 'unle55 may De used Inate a'of cones for anytime he enp of wa -w. crap is ob-.,ious or endu within clomures only. C'larger prollec- "s 1ir^,Itti., N C J C++ rY R U R C T Z C a a r D Z T Q LEGEND1'2. A m4nimum of b cones swill ba lacedP SIGN PaNEi_ SIZE f41ini ; 5roulacreely acrossiocct;o aloe larle Cf1C TRAFFIC CD,Nf. BhoUlCer a OCCm IadCtion where q 1Cper acros3a a trgff'c lane apps and every 2000'ds snown o^ 1l.R,l $" x ep, tVf Lane Closure d91aI 1, +w0 lypC i :farrlCgdeB O i A 1' 1'-' CONE IC` "f!ONaL TaPEH: m y be uses .nbteod of rho J canes. The t- dnsverae alignment of the cones or harrl00aes on the close a ., ir.MPORAR`r TRArr!C CONTROL SIGN shoulrer may De shifted from the transverae clignmer•,t to provlca access •0 1ne wor K. lC - 16•• 3C" FLASHING AKRON SIGN fFAS: ' la. 're 2!, tcngant anown alonq lone lines small orb FAS SUPPORT CR TRA!LER xc used Dutweeri the L tapars - equtred, for cgcm C :osea trafl:c lone. CRTABLF'FLASH'!NG 91741CON 14, -no E5-1 a' SC18(CA) and W4-1 signs 51A'TV CF CALIFORNIA DFPARTMENT C- 'RANSr-URIA?ICN91)clI Do Uaec c3 'snown. TRAFFIC CONTROL SYSTEM5. A N7 -3,3P "NEXT___ WILLS" ,p:aque must be sad if -he shou1C7Nr C IOAure extence ',neyonc the FOR LANE CLOSURE 0'Ndista ^ce -net ccfi be perceived'by r-coo users. FREEWAYS A N D EXPRESSWAYS6. Tnr -he warning niin requirements at me Lx'i Rpmo, when worK Is proposed on the local street, NO S a'LEsaeCAM_'TCD Flgu•'a 6H -22 to GH -27. RSP 110 DATED JANUARY ?0, ?C1'r SUPERSEDES RSP T10 DATED APRIL 19, 7015 AliD 5TA`:DAR^ PLAN TIC DATED MAY 20„ 2CIi - PAGE 231 OF THL STA.NDARC PANS 9COK DATED ?D13, N C J C++ rY R U R C T Z C a a r D Z T Q 7.A.b Packet Pg. 167 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) g Exhibit, Prevailing Labor Rate 7.A.b Packet Pg. 168 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) Prevailing Labor Rate 15 -J u n-16 166' Boom (3 Hours Minimum) 1 Man $224.00 per hour 2 Men $368.00 per hour Lifts: 2 HOURS MINIMUM EXCEPT 166' Services: 2 HOURS'MINIMUM 100' Boom 52' 64' 74' 85' Boom Pick Up Permits Labor Crew Time Overtime 1 Man 189.00 per hour 2 Men 333.00 per hour 1 Man 179.00 per hour 2 Men 323.00 per hour 1 Man 169.00 per hour 2 Men 313.00 per hour Salesperson $100.00 per hour Administrator $85.00 per 'hour Per Man $144.00 per 'hour Per Man $60.00 per hour Fuel Surcharge: Add 5% To All Field Labor Rates 7.A.b Packet Pg. 169 Attachment: Exhibit B Executed CCO 002 signed (1768 : Arrow Sign Company Amendment 5) 61 B3 21 7.A.c Packet Pg. 170 Attachment: Exhibit C Remaining Signs (1768 : Arrow Sign Company Amendment 5) 1051 46th Avenue Oakland,Ca 94601 T.510.533.7693 F.510.533.0815 www.arrowsigncompany.com Date: Sales: 80632 Design: File Name/Location: Date DescriptionRev. 6-22-18 Steve Jones Andre C. 2018/G/Gilroy Wayfinding B5 Pole Mount City of Gilroy - Gilroy,CA Customer Approval This drawing is a representation of colors and may not accurately depict final color of product.Refer to paint swatch or material samples for color reference. ALL RIGHTS RESERVED This is an original unpublished drawing prepared for you by Arrow Sign Co.in a sign program designed for your business. It is not to be shown to anyone outside of your organization nor to be reproduced,copied or exhibited in any fashion. Project Sheet 1 SIGN ELEVATION -SIGN #42,48,53,75,78,109B5 SCALE:1/2"=1'-0" ITEM DESCRIPTION VENDOR SPECIFICATION Six (6)pole for existing sign as shown. Post 6"aluminum square tube Mounting Method Per engineering BlackPowdercoat8'tograde5'11"13'11"Overall4'5-1/2" 7.A.d Packet Pg. 171 Attachment: Exhibit E Gilroy Wayfinding B5 Pole Mount concept (1768 : Arrow Sign Company Amendment 5) 1051 46th Avenue Oakland,Ca 94601 T.510.533.7693 F.510.533.0815 www.arrowsigncompany.com Date: Sales: 80632 Design: File Name/Location: Date DescriptionRev. 6-22-18 Steve Jones Andre C. 2018/G/Gilroy Wayfinding B5 Pole Mount City of Gilroy - Gilroy,CA Customer Approval This drawing is a representation of colors and may not accurately depict final color of product.Refer to paint swatch or material samples for color reference. ALL RIGHTS RESERVED This is an original unpublished drawing prepared for you by Arrow Sign Co.in a sign program designed for your business. It is not to be shown to anyone outside of your organization nor to be reproduced,copied or exhibited in any fashion. Project Sheet 2 AERIAL MAP SIGN LOCATION #42 SIGN TYPE B5101SOUTHONRAMP AERIAL MAP SIGN LOCATION #75 SIGN TYPE B5 12'setback from yellow line 50'setback from street light sign B5 101SOUTHBOUNDEXITMONTEREYROAD 101 B5 2'from edge of side walk to edge of sign CAMINOARROYO50'setback from street light sign 7.A.d Packet Pg. 172 Attachment: Exhibit E Gilroy Wayfinding B5 Pole Mount concept (1768 : Arrow Sign Company Amendment 5) 1051 46th Avenue Oakland,Ca 94601 T.510.533.7693 F.510.533.0815 www.arrowsigncompany.com Date: Sales: 80632 Design: File Name/Location: Date DescriptionRev. 6-22-18 Steve Jones Andre C. 2018/G/Gilroy Wayfinding B5 Pole Mount City of Gilroy - Gilroy,CA Customer Approval This drawing is a representation of colors and may not accurately depict final color of product.Refer to paint swatch or material samples for color reference. ALL RIGHTS RESERVED This is an original unpublished drawing prepared for you by Arrow Sign Co.in a sign program designed for your business. It is not to be shown to anyone outside of your organization nor to be reproduced,copied or exhibited in any fashion. Project Sheet 3 SIGN TYPE B5 B5 Align with white post 2'from edge of curb to edge of sign SIGN LOCATION #48 30' 8'from white line to edge of sign B5 SIGN TYPE B5SIGNLOCATION#78 7.A.d Packet Pg. 173 Attachment: Exhibit E Gilroy Wayfinding B5 Pole Mount concept (1768 : Arrow Sign Company Amendment 5) 1051 46th Avenue Oakland,Ca 94601 T.510.533.7693 F.510.533.0815 www.arrowsigncompany.com Date: Sales: 80632 Design: File Name/Location: Date DescriptionRev. 6-22-18 Steve Jones Andre C. 2018/G/Gilroy Wayfinding B5 Pole Mount City of Gilroy - Gilroy,CA Customer Approval This drawing is a representation of colors and may not accurately depict final color of product.Refer to paint swatch or material samples for color reference. ALL RIGHTS RESERVED This is an original unpublished drawing prepared for you by Arrow Sign Co.in a sign program designed for your business. It is not to be shown to anyone outside of your organization nor to be reproduced,copied or exhibited in any fashion. Project Sheet 4 SIGN TYPE B5 2 curb to edge of sign 10'0"from score joint to center of sign SIGN LOCATION #109 B5 SIGN TYPE B5SIGNLOCATION#53 B5 F OREST ROAD13'from score joint to center of sign 2'from edge of curb to edge of sign 7.A.d Packet Pg. 174 Attachment: Exhibit E Gilroy Wayfinding B5 Pole Mount concept (1768 : Arrow Sign Company Amendment 5) City of Gilroy Engineering Division 7351 Rosanna St., Gilroy, CA 95020 Phone (408) 846-0450; Fax (408) 846-0429 CHANGE ORDER NO.005 To contract for : City of Gilroy Wayfinding Project Phase II 15-RFP-PW-381 Contractor: Arrow Sign Company Contract Date: 1/28/2019 This change order shall become effective when it has been signed by the City Administrator, City Engineer, Project Manager, and Contractor. All copies forwarded to Contractor for signature shall be returned to The City of Gilroy properly filled out. Upon acceptance by the City, the Contractor's copy will be returned to him as his authority to proceed with the work. Description of Work This change order provides for the following: Item I: Total cost for all force account works incurred during Phase I, II, and III installation. These costs include: Hand digging signs 31, 32, 63, 64, 93, 28 and protect nearby utilities Pot holing underground utilities at location 62, 65, 66, 115 Relocating sign 61 and hand digging to protect nearby utilities Temporary traffic control for Phase I, II, and III signs Delay by underground utilities for Phase I, II, and III. Additional reflective marking and lettering for sign 41 and 29 (furnish and install). Performance and Payment bond Increase. Total Cost for Item I is $28,363.80 Item II: Caltrans Rider Permit fees and application processes for Phase I-IV signs. $1,531 Item III: Modify and install 6 B5 signs, single faced, non-illuminated directional on a new pole for location 42, 78, 48, 53, 75, 109 per Caltrans requirements. Provide engineering calculation and stamps for all 6 signs. The cost for Item III is $22,774. Item IV: Provide temporary traffic control for 19 signs at the location 1, 2, 9, 10, 14, 15, 25, 42, 43, 48, 49, 51, 52, 53, 61, 75, 76, 78, and 109. The contractor shall coordinate and be responsible for all required temporary traffic control set up per the attached 2018 Caltrans Standard Plan T9, T10, T10A, T11, T11A, and T12. The contractor shall maintain its records to provide clear distinction between this temporary traffic control cost, whether it is through the use of subcontractors or its own forces, and the costs of other operations. This work shall be tracked and paid for by force account. The contractor shall accept a 10 percent markup to the total cost of that work performed by the subcontractor as reimbursement for additional administrative cost. The Contractor shall notify the City prior to authorizing any overtime work for the subcontractor. Any works proceeded without prior approval from the City shall be the responsibility of the Contractor and the Contractor shall not hold the City responsible for the cost associated with these expenses. These works shall be at a Not-To-Exceed amount of $27,897. Item V: Supplementary works in addition to aforementioned contract works shall be at a Not-To- Exceed amount of $12,500. These works includes, but are not limited to; underground utilities relocations, permitting, special inspections, traffic control, bond and insurance, and all other force account works. For work performed by an approved subcontractor, the contractor may 7.A.e Packet Pg. 175 Attachment: Exhibit D Amendment No. 5 (1768 : Arrow Sign Company Amendment 5) add to the total of the actual costs and fixed fees an additional fixed fee of fifteen (15) percent of said total. No Further compensation will be allowed for the contractor’s administration of the work performed by the subcontractor. All requirements of the original Contract Documents shall apply to the above work except as specifically modified by this Change Order. The contract time shall not extend unless expressly provided for in this Change Order. By signing this Change Order, Contractor acknowledges and agrees that the adjustments to cost and time contained herein are in full satisfaction and accord, and are accepted as payment in full, for any and all costs and expenses associated with this Change Order, (the "Extra Work"), including but not limited to labor, materials, overhead and profit, delay, disruption, loss of efficiency and any and all other direct and/or indirect costs or expenses associated with the Extra Work and hereby waives any right to claim any further cost and time impacts at any time during and after completion of the Contract associated with the Extra Work. Cost Percentage Initial Arrow Sign Company hereby Original Contract Price $334,988.00 agree to make the above changes Previous Change Orders $115,186.20 34% subject to the terms of this Change Total to Date $450,174.20 Order for the NET INCREASE of This Change Order $93,065.80 21% $93,066.00 Total Change Orders to Date $208,252.00 Revised Contract Price $543,240.00 CONTRACTOR PRINT NAME AND TITLE Date: RECOMMENDED BY: Project Manager Date ACCEPTED BY: City Engineer Date Department Head Date City Administrator Date 7.A.e Packet Pg. 176 Attachment: Exhibit D Amendment No. 5 (1768 : Arrow Sign Company Amendment 5) City of Gilroy STAFF REPORT Agenda Item Title: Community Development Block Grant Funding Priorities for Fiscal Years 2019-2020 and 2020-2021 and Consideration of Amendments to Annual Action Plans Meeting Date: January 28, 2019 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Sue O'Strander Jim Carney Strategic Plan Goals Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐ Enhanced Public Safety RECOMMENDATION Continue the public hearing for funding priorities for CDBG and Housing Trust Funds (HTF) for FY 2019-2020 and FY 2020-2021 to February 4, 2019. Staff requests continuance of this item to allow additional tim e for evaluation of alternative opportunities for allocation of the Community Development Block Grant (CDBG) and Housing Trust Fund (HTF) funds. Due to the limited funds available, it is important that such allocations are implemented in a manner that provides maximum benefit to the community. In this timeframe, staff will review the needs for this funding, which may include potential capital improvements within the Neighborhood Revitalization Strategy Area, Citywide housing rehabilitation, or other critica l projects/programs. 8.A Packet Pg. 177 City of Gilroy STAFF REPORT Agenda Item Title: Review of Draft Board, Commission, and Committee Handbook Meeting Date: January 28, 2019 From: Gabriel Gonzalez, City Administrator Department: City Clerk Submitted By: Shawna Freels Prepared By: Shawna Freels Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐ Enhanced Public Safety RECOMMENDATION Receive report and provide direction to staff. BACKGROUND The City of Gilroy has 15 advisory bodies (boards, commissions and committees), each with distinct responsibilities. Advisory bodies play an important role in city governance by assisting the City Council in addressing specific issues in detail, lending professional expertise, and facilitating community decision-making. To provide an introduction to the role and encourage a satisfying and productive experience a handbook has been created for advisory body members to familiarize them with their roles and to serve as a reference guide. ANALYSIS Throughout 2018 the City Clerk’s Office attended each of the City’s 15 advisory body meetings to get a full understanding of the functioning of each group. In doing so, we recognized that our policy bodies are in need of a tool with foundational information to assist and guide them. 10.A Packet Pg. 178 Many cities prepare advisory body handbooks and include them as a part of an orientation covered when new members come on board. Information that applies to all advisory bodies such as the basics of the Brown Act, meeting processes, interactions on the body, with staff and the public are incorporated into these guides to provide members with a general orientation of what they can expect in their advisory role. These handbooks also serve as reference guides when questions arise. CONCLUSION The City Clerk’s Office has created a handbook to offer each member who serves on a city advisory body with a tool to guide and assist them in knowing the parameters of their role as they gather information, weigh public input, and examine issues in depth to render a recommendation to the Council and the City Administrator. NEXT STEPS Following Council review and direction on this handbook, the City Clerk’s office will present the hand book to each of our advisory body’s at their next meetings. As new members are appointed to advisory body’s the handbook will be incorporated into an orientation provided to all of our new members. Attachments: 1. 2019 Gilroy Commissioner Handbook_draft1 10.A Packet Pg. 179 Draft for City Council consideration 1/28/19 BOARD, COMMISSION & COMMITTEE MEMBER’S HANDBOOK 2019 10.A.a Packet Pg. 180 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 WELCOME AND ORIENTATION Welcome and thank you for your willingness to serve as a member of a City of Gilroy Board, Commission or Committee. Advisory bodies play an important role in city governance by assisting the City Council in addressing specific issues in detail, lending professional expertise, and facilitating community decision-making. The City of Gilroy has a number of advisory bodies, each with distinct responsibilities. As a new advisory body member you will need to familiarize yourself with the documents governing your particular body including the City Charter and ordinances, bylaws, relevant element(s) of the General Plan, and current work plan goals, all available from your staff liaison. Reviewing these documents will help you get a sense of your responsibilities. This Handbook is designed to serve as a reference of the basic procedures that apply to all City advisory bodies. Your staff liaison will facilitate a general orientation to familiarize you with your advisory body and go over current issues that have been under consideration. Learning your role and developing an effective voice takes time and familiarity. We hope this Handbook will assist you towards a satisfying and productive experience. Your participation is deeply appreciated by the City Council, by city staff, and by your community. The vitality and strength of our community comes from the willingness of people like you who serve Gilroy. Respectfully, Gilroy City Council and City Staff 10.A.a Packet Pg. 181 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 Table of Contents WELCOME AND ORIENTATION i STRUCTURE OF CITY GOVERNMENT 1 Form of Government 2 City Council 2 Boards, Commissions and Committees 2 City Officers, Departments and Staff 3 BOARD, COMMISSION & COMMITTEE MEMBERSHIP 4 Appointments 5 Resignations and Removals 5 Attendance 5 Vacancies 5 Annual Recognition 5 Terms 6 BOARD, COMMISSION & COMMITTEE OFFICERS AND STAFF 7 Officers 8 Staff 8 Records 8 Expenses 8 PREPARATION FOR MEETINGS 9 Preparation 10 Action 10 Agenda Questions 10 Limits of Authority 10 Objectivity 10 Openness 10 Clarifications 11 Conflicts of Interests 11 MEETINGS 12 Regular Meetings 13 Adjourned Meetings 13 Special Meetings 13 Subcommittees 13 Quorum 13 Agendas 14 Minutes 14 Procedure 14 Work Plan 15 10.A.a Packet Pg. 182 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 Table of Contents (Continued) MEETING MANAGEMENT 16 Proceedings 17 Decorum at Meetings 19 Effective Conflict Management 19 Basis for Your Decision 20 Motions 20 Role and Responsibilities of the Chair 21 ROLES AND RELATIONSHIPS 23 Council-Advisory Body Relationship 24 Staff-Advisory Body Relationship 24 Staff Responsibilities 25 Relations with other Advisory Bodies 26 City Clerk 26 City Attorney 26 IMPOSED RESTRAINTS 27 Conflict of Interest 28 Public Records Laws 28 Secrecy - The Brown Act 28 Discrimination and Equal Protection 29 Due Process 29 Reasonableness 29 Use of Public Property 29 Conflict of Interest Code: Disclosure Requirements 29 USE OF CITY EMAIL 29 10.A.a Packet Pg. 183 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 THE STRUCTURE OF CITY GOVERNMENT 10.A.a Packet Pg. 184 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 THE STRUCTURE OF CITY GOVERNMENT A. FORM OF GOVERNMENT Generally, there are two sources of authority by which California cities govern themselves. General Law cities adhere to the provisions and requirements established as general law by the state of California. Charter cities use the election process to adopt a charter or constitution, which sets forth the basis and authority for all future actions not in contradiction with pre-emptive state law. Gilroy is a Charter City as are approximately 20% of California cities. B. CITY COUNCIL The City Council is a 7 member body consisting of 6 Council Members elected at large in even numbered years to staggered four-year terms, and one directly elected Mayor serving a four-year term. The City Council is the governing body of the City, vested with the regulatory and corporate power of the municipal corporation. The Council serves as the City’s board of directors and legislative body. It sets goals and priorities and establishes policies. The Mayor is the presiding officer of the Council, and the official spokesperson and representative of the City. It is not possible for each Council Member to know all pertinent facts of every given situation. For counsel and advice on the practical application of established policy, reliance is placed on the service of interested citizens appointed to the various advisory bodies. For technical and administrative assistance, both the Council and the advisory bodies refer to the City Administrator and the City Administrator’s staff. C. BOARDS, COMMISSIONS AND COMMITTEES There are two types of advisory bodies. One is permanent with duties, responsibilities, and scope of authority is set forth in an enabling ordinance or the Charter. The other is ad hoc and typically created by minute order of the Council to serve a particular function during a specified time. In both instances, the primary purpose of these entities is to gather information, weigh public input, and examine issues in depth to render a recommendation to the Council and the City Administrator. A brief description of the various advisory bodies and their primary functions is available from the City Clerk’s office. 10.A.a Packet Pg. 185 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 D. CITY OFFICERS, DEPARTMENTS, AND STAFF The City Council appoints the City Administrator, City Clerk and City Attorney. 1. City Administrator The City Administrator has complete responsibility and authority for the administration of the City’s government. This individual is appointed by, and serves at the pleasure of the Council, and is the appointing authority for the City, selecting the department heads and other employees. 2. City Clerk The position of the City Clerk is established by state law, and has responsibility for conducting all municipal elections, acting as legislative support to the City Council, and maintaining all official city records. This individual is appointed by, and serves at the pleasure of the City Council 3. City Attorney The City Attorney is also appointed by, and serves at the pleasure of the City Council, and is retained to advise the Council and staff on questions of law, and to represent the City in other actions to which the City is a party, or as otherwise may be requested by the City Council. 4. Departments The administration of Gilroy’s government is provided by the City Administrator and the following departments: Administration, Community Development, Finance, Fire, Human Resources, Police, Public Works and Recreation. The heads of departments are appointed by the City Administrator with the consent of the Council, and serve at his/her pleasure. By virtue of their technical training and experience, they are assigned by the City Administrator to provide staff assistance as needed to the advisory body. However, the advisory bodies have no authority to supervise or direct the work of city staff. This is done only through the City Administrator. 10.A.a Packet Pg. 186 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 BOARD, COMMITTEE & COMMISSION MEMBERSHIP 10.A.a Packet Pg. 187 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 BOARD, COMMITTEE & COMMISSION MEMBERSHIP A. APPOINTMENTS In order to be eligible for appointment to an advisory body (with the exception of the Youth Commission), a person must be a qualified registered voter of the City, and may not hold any paid office or employment in the City government. After application, interview and selection, board, committee and commission appointments are made by majority vote of the Council for specified terms, which are mostly four years in length. Each advisory body member must be administered the oath of office by the City Clerk prior to being seated. In some instances, disclosure of economic interests may be required by the city’s Conflict of Interest Code under the regulations of the California Fair Political Practices Commission. B. RESIGNATIONS AND REMOVALS If a member is unable to continue serving because of health, business requirements or personal reasons, a letter or email of resignation should be submitted to the staff liaison. The position of any member is automatically vacated when the member ceases to meet the qualifications for office, when Council accepts the member’s resignation, or when the Council so declares. C. ATTENDANCE The City has attendance standards for all members of the City’s advisory body’s. A member shall be considered removed from an advisory body under the following conditions: 1. A member has more than two excused absences and one emergency absence. (Resolution 2018-41) 2. A member misses three consecutive meetings without the approval of the policy body as expressed in its minutes. D. VACANCIES Vacancies are filled by appointment by the Council. Appointments made in the middle of a term are for the unexpired portion of that term. E. ANNUAL RECOGNITION 10.A.a Packet Pg. 188 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 Advisory body members are honored annually at the city volunteer appreciation event. F. TERMS No person shall serve more than two consecutive full terms on the same policy body. A member who has served two consecutive full terms shall not be eligible for reappointment to the same policy body for four years. 10.A.a Packet Pg. 189 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 OFFICERS AND STAFF 10.A.a Packet Pg. 190 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 OFFICERS AND STAFF A. OFFICERS Each year, every advisory body will select from its membership a chairperson and a vice chairperson who serve at the pleasure of the advisory body. The term is for one year. It is the chairperson’s duty to preside over meetings and to present such reports as are required or requested by the Council, and to act as the formal representative in communicatio ns with the Council. The vice chairperson acts in this capacity when the chairperson is not available. B. STAFF The services of the city staff assigned to the advisory body are coordinated by the City Administrator. The City Administrator shall provide a secretary for the recording of the minutes of each advisory body who shall keep a record of its proceedings and transactions. C. RECORDS The agenda, meeting reports, minutes, audio or video and other official records of an advisory body are public records. Agendas, minutes and notices of adjournment or special meetings must be posted as required by the Ralph M. Brown Act and Gilroy Open Government Ordinance. D. EXPENSES Necessary meeting space and equipment will be made available to the advisory body. If a budget is provided, the advisory body is required to operate within budgetary limitations, with all expenditures requiring prior approval by the advisory body. Mileage and personal expenditures associated with attendance at approved conferences, hearings and other meetings will be reimbursed according to city policy. In all instances, the purchasing procedures of the City apply. 10.A.a Packet Pg. 191 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 PREPARATION FOR MEETINGS 10.A.a Packet Pg. 192 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 PREPARATION FOR MEETINGS A. PREPARATION Be prepared. Thoroughly review the agenda packet, including agenda reports, and any other materials before the meeting. The issues that come before advisory body are important to the community as a whole and demand your consistent attention. In agreeing to serve on an advisory body, you mak e a commitment to put in the time required to prepare fully for each meeting. B. ACTION Understand what action you are being called upon to take for each particular agenda item. Your agenda will clearly identify the recommendation the policy body is being asked to take. C. AGENDA QUESTIONS If you have questions about the agenda or agenda report, contact your staff liaison before the meeting to clarify questions or request further information. D. LIMITS OF AUTHORITY Know the responsibilities of your advisory body, as well as the limitations of your individual authority. As a member of an advisory body you will be asked to provide recommendations to the City Council about specific issues through your policy body as a whole. Keep in mind that your appointment does not empower you to supervise or direct City staff. E. OBJECTIVITY Keep an open mind. An objective, balanced, and receptive approach will help you assess the facets of a given issue, and evaluate new ideas. When receiving written and oral public testimony it will be necessary to discern between fact and opinion, as well as between those concerns which are relevant and those which are secondary to the issue at hand. Keeping an open mind will make it easier for you to understand all sides of an issue before you make a judgment or take a position. You will need to ensure you’ve been provided with all of the facts before taking action. F. OPENNESS Strive to appreciate differences in approach and point of view. Diversity of ideas sustains a thoughtful dialogue and a vibrant community. Likewise, take care to articulate your own ideas: remember that your individual voice is a critical part of the whole dialogue. Again, furthering common goals takes cooperation, 10.A.a Packet Pg. 193 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 flexibility, and a broad-based view of the public interest. If in doubt, return to the foundational documents to guide your understanding of the complexities of an issue. G. CLARIFICATIONS If you are unsure about something before or during the meeting, ask for clarification from you staff liaison to ensure your decisions are based on the facts presented. On behalf of the public, your understanding of issues is important. Each advisory body has a City staff liaison to provide information to assist the members throughout the decision-making process. H. CONFLICTS OF INTERESTS Review each agenda item ahead of the meeting to determine if you may have a conflict due to property or monitory interests. Speak with you staff liaison before the meeting if you believe there is an item you must recuse from deliberating on due to conflict of interest. Staff may need to consult with the City Clerk or City Attorney You will be required to identify the reason for recusal and must leave the dais of the body during the deliberation of the item. 10.A.a Packet Pg. 194 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 MEETINGS 10.A.a Packet Pg. 195 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 MEETINGS A. REGULAR MEETINGS Advisory bodies are required to hold regular meetings open to the public as provided by the enabling ordinance or the City Charter. All such meetings are held in City Hall or another City meeting facility, and may from time to time meet elsewhere within the City limits for specific purposes. The agenda for these meetings must be publically noticed on the City website and at City hall no less than 72 hours prior to the meeting. B. ADJOURNED MEETINGS If the business to be considered at a regular meeting cannot be completed, the advisory body then may designate a time and date for an adjourned meeting. This must be announced to the members of the public who are present at the time of adjournment, and so recorded in the minutes. A Notice of Adjournment must be posted within 24 hours of the adjournment. C. SPECIAL MEETINGS A special meeting may be called by the chairperson or a majority of the members. A Special Meeting Notice must be delivered to all advisory body members, the City Clerk, and any interested parties, including news media, which have made a request for such notification. The notice must contain the time and place for such a meeting and the subject matter to be considered, and be delivered at least 24 hours prior to the meeting. D. SUBCOMMITTEES The advisory body may request to appoint special subcommittees of less than a majority of the advisory body to address issues within their scope who then may meet to carry out the purpose of the subcom mittee. Your staff liaison can assist the body in determining the scope of proposed subcommittees. If the subcommittee has a continuing subject matter or a regularly scheduled meeting time, it may qualify as a Brown Act committee and public notice provisio ns will apply. E. QUORUM A quorum consists of a majority of the members of the advisory body. A quorum is required to conduct business at any meeting whether it is a regular, adjourned, or special meeting. While it is expected that members be present at all meetings, the staff liaison should be notified 72 hours in advance if a member knows that he/she will be absent. 10.A.a Packet Pg. 196 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 F. AGENDAS Each advisory body has a staff liaison responsible for preparing an agenda in consultation with the Chair, and distributing the agenda and supporting documents in the agenda packet prior to each meeting. Future items to be heard before an advisory body should be identified by the policy body at an agendized meeting to assure placement on the desired agenda. Each policy body may have its own agenda format, but each agenda must adhere to the Brown Act and Gilroy Open Government Ordinance. The Title and possible action of each item on the agenda shall be descriptive and understandable to the public. The posted agenda also sh all indicate when opportunity is provided for members of the public to address the advisory body. If an advisory body member or staff intends to bring up an item for discussion or action, the item must be included on the agenda. Members of advisory bodies may request that an item within the purview of the advisory body be placed on a future agenda by making such a request at a meeting of the body. Information items placed on an agenda may not be acted upon at the meeting. Any member may, however, request that the informational item be placed on a future agenda for action. Regular meeting agenda shall be posted at least 72 hours prior to any meeting in the public notice case and on the city website. A notice of adjournment shall be posted at the door of the meeting, within 24 hours of the adjournment of a meeting if a quorum is not present . Staff shall maintain a record of the agenda and notice of adjournment posting. Only those items appearing on an agenda may be considered at each meeting. However, in cases of extreme emergency unanimous consent of all members present may allow other matters to be introduced and action taken, if urgency exists and delay would be harmful to the public interest. G. MINUTES The approved minutes of an advisory body are the vehicle through which the advisory body as a whole or its individual members express their interest. The minutes are submitted to the body for approval and posted on the City website for public access. While other avenues exist for communication of interest or opinion, the minutes of the advisory body remain the official document of record. H. PROCEDURE Each advisory body may adopt such rules and procedures as it feels necessary to accomplish its duties. Such rules are subject to Council appr oval before becoming effective. In the absence of such rules, the guidelines on parliamentary procedure contained in Roberts’ Rules of Order may be followed. 10.A.a Packet Pg. 197 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 I. WORK PLAN A work plan is the advisory body’s plan and statement of goals within the purview of the advisory body for the year, prepared in coordination with staff. It should reflect the goals, priorities and policies of the City Council. It identifies important problems, challenges, and opportunities, offers a jointly developed plan to address these over the course of the year, and furthers a sense of shared purpose and responsibility among advisory body members. An adopted and published work plan will: Establish viable short-range objectives that further the long-range goals of the advisory body Provide group direction, and keep the advisory body on course Provide a basis for measuring accomplishment Assist in the allocation of time, energy, and resources Promote continuity of action, and help keep the big picture focused For example, a work program may include community outreach activity, a plan for addressing critical community issues, an education component, or any other tasks the advisory body identifies as key work challenges for the upcoming year. 10.A.a Packet Pg. 198 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 MEETING MANAGEMENT 10.A.a Packet Pg. 199 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 MEETING MANAGEMENT The City of Gilroy is committed to operating efficient, effective and accessible government operations. The following material outlines techniques you can use to ensure that your advisory body meetings are efficiently run and give all residents an equal opportunity to address the issues. A. PROCEEDINGS 1. Let the Chair run the meeting. 2. Start meetings on time. Keep the agenda in mind in order to give each item the appropriate time. 3. Announce at the start of a meeting if the order of agenda items is to be rearranged for convenience for those attending only for certain items, or for better pacing of the agenda. 4. Be fair, impartial, and respectful of the public, staff, and each other. Give your full attention when others speak. 5. Learn to trust your own good judgment on decisions. 6. Remember that people may be attending a meeting for the first time, and may be unfamiliar with your procedures. In your discussion, either avoid or explain technical terms or verbal shorthand. 7. Listen to audience concerns. Don’t engage in side conversations or otherwise be distracted during public testimony. The opportunity for public testimony is central to the strength of democracy, and is therefore encouraged. Active listening, however, does not mean engaging the public in debate. Your response is appropriately saved for after the public testimony is closed. Recognize differences of opinion and remain neutral when listening to concerns. 8. Close the public testimony before you begin serious deliberation on an issue. 9. Sometimes questions can most effectively focus discussion and direct decision-making. For example, For staff: What is the history behind this item? 10.A.a Packet Pg. 200 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 What are the benefits and drawbacks? What other alternatives did you consider? For other advisory body members: W hat do you think about this item? What have you heard from the residents? What would it take for you to support this? For the public (at a hearing): What are your concerns? How will this proposal affect you? What specific, constructive, alternatives can you recommend? For yourself: What are we trying to accomplish? What are the long-range interests of the community? What guidance can be found in our foundational documents? Gilroy City Code Budget Capital Improvement Program General Plan Specific Plans Park Master Plans Council Goals Brown Act 10. Often you must balance multiple views, neither favoring nor ignoring one individual or group over another. Your obligation is to represent a broad-based view of the community’s long-range interests. 11. Remember that most of the actions of your advisory body will be to make recommendations. It is not simply a discussion group or debating society. 12. Endeavor to end meetings by 9:00 p.m. Short breaks may be helpful during long meetings. Late meetings can reduce the quality of the advisory body’s work. 13. Meeting Types Advisory bodies may meet in different types of meeting formats including the conventional public meeting, and study sessions. Please contact your staff liaison for a detailed explanation of these formats and when they are appropriate. 10.A.a Packet Pg. 201 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 B. DECORUM AT MEETINGS 1. Limit Speakers to your established speaking time. A suggested ten minutes is recommended for a group or an applicant, and three minutes for other members of the public. 2. Discourage outward signs of agreement or disagreement from the audience such as applause or statements from the floor. Such demonstrations can intimidate those with an opposing view and unintentionally discourage open public discussion of all the issues and points of view. 3. Limit your own comments to the issues before the advisory body. Avoid the appearance of straying from the subject or "grandstanding". Do not interrupt speakers during their comments and save your qualifying questions for them until after they’ve finished speaking. C. EFFECTIVE CONFLICT MANAGEMENT Public Hearings or citizen input can sometimes be difficult to manage. Participants are sometimes highly motivated and often nervous. When there is a group of potential adversaries in one room, the possibility of conflict is high. As an advisory body member, your role is to guide opposing views to positive results, not to eliminate them. The following suggestions may help you manage conflict and confrontation effectively: Anticipate differences by learning about the topic beforehand so you can concentrate on the meeting’s purposes Set meeting rules early and make sure everyone abides by them without exception. Explain carefully the purpose of the Public Hearing and what action is expected at the conclusion of the hearing. Insistence on playing by the rules is your best tool for conflict management in Public Hearings. All persons speaking should be encouraged to clearly identify themselves, not only for the record, but also so that you may address them by name. Set an acceptable time limit for testimony (generally three minutes) and stick to it. Make decisions as promptly as possible. Many bodies get so bogged down in procedural distractions, petty details and endless searches for more information that the issue never seems to get resolved. 10.A.a Packet Pg. 202 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 Don’t overreact to inflammatory comments. Most are expressions of frustration and do not require answers. Turn frustration to constructive avenues. Ask questions. Be as specific as you can. Refer to the speaker by name. Reinforce areas where you agree. Do not return insult for insult. Very often, the primary audience for your response is not the person who raised the issue. Avoid speaker-to-audience conversation. The purpose of a hearing is to help your advisory body arrive at a decision, not to engage in audience debate. If members have questions of the speaker, permit these questions following the speaker’s time at the podium. Be careful not to prejudge the action of the advisory body. Use the hearing to gather necessary information about the proposal and individual desires concerning the proposal. Members should not express their views on the proposal until after testimony has ended. Once testimony has ended, each member should be invited to discuss individual views on it. View the Public Hearing as an example of participatory government in action at the local level. Make it your personal goal to make the Public Hearing work and ensure that everyone is fairly heard. D. BASIS FOR YOUR DECISION 1. Advisory body decisions should be based principally on the factual information presented to you in the open public meeting process. If you collect pertinent information outside of the public process through a meeting with stake holders or site visits, you are required to share that information with your fellow advisory body members in the public meeting. This sharing of information will ensure that other advisory body members and members of the public have a better understanding of the rationale for your decision. 2. Advisory body members are free to meet or refuse to meet with residents, resident groups, developers or prospective contractors or any persons outside of the public meeting process concerning issues before the advisory body. If you meet with any individuals outside of the public meeting you are required to disclose the content of that meeting in the public meeting to again ensure that everybody is aware of the facts and have similar information up on which to base their decision. E. MOTIONS When a member wishes to propose an idea for the body to consider, the member must make a motion. This is the only way an idea or proposal from a 10.A.a Packet Pg. 203 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 member may be presented to the body for discussion and possible action. A motion goes through the following steps: 1. The member asks to be recognized by the chair. 2. After being recognized, the member makes the motion (I move…). 3. Another member seconds the motion. No discussion should occur until the chair determines whether there is a second to the motion on the floor. 4. The chair states the motion and asks for discussion. 5. When the chair feels there has been sufficient discussion, the debate is closed (i.e., “Are you ready for the question? or “Is there any further discussion?”). 6. If no one asks for permission to speak, the chair puts the question to vote through consensus or roll call vote. 7. After the vote, the chair announces the decision (“The motion is carried” or “The motion fails”, as the case may be). Phrasing a motion is often difficult and corrections may be necessary before it is acted upon. Until the Chair states the motion (step 4), the member making the motion may rephrase or withdraw it. After an amendment, the motion as amended still must be seconded and then voted upon. It is particularly important when a motion is amended that the Chair restate the motion in order that members are clear as to what they are voting on. In making a motion, members should try to avoid including more than one proposal in the same motion. This is especially important when members are likely to disagree. If a member would prefer to see proposals divided and voted upon separately, the member should ask the chair to divide the motion. If other members do not object, the chair may proceed to treat each proposal as a distinct motion to be acted upon separately. The request to divide may also be made by motion. F. ROLE OF CHAIR The Chair shall preserve order and decorum at all meetings of the advisory body, announce the advisory body decisions, and decide questions of order. The Chair is responsible for ensuring the effectiveness of the group process. A good Chair balances moving the discussion forward with involving all advisory body members and allowing for adequate public participation. In the absence of the Chair the Vice chair shall act as presiding officer. G. RESPONSIBILITIES OF CHAIR Ensure that the public understands the nature of the issue being discussed (for example, reason for discussion, process to be followed, opportunities for public input, timeline for decision). 10.A.a Packet Pg. 204 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 Keep discussion focused on the issue at hand. Solicit opinions from advisory body members. Encourage evaluation of new, tentative, or incomplete ideas. Discourage overly dominant advisory body members from having disproportionate control over the discussion. Protect advisory body members, staff, and the public from personal attacks. Provide structure for addressing complicated issues. For major items, delay analysis and action until the full range of alternatives is on the table. Attempt to reach decisions expeditiously on action items. At those times when action would be premature, guide discussion toward a timeline or framework for responsible action. Maintain order and ensure respect for all opinions. 10.A.a Packet Pg. 205 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 ROLES AND RELATIONSHIPS 10.A.a Packet Pg. 206 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 ADVISORY BODY ROLES AND RELATIONSHIPS A. COUNCIL-ADVISORY BODY RELATIONSHIP The primary purpose of all advisory bodies is to provide judicious advice to the City Council, the elected policy-making body of the City. The advisory body’s role can include hearing public testimony on the Cou ncil’s behalf, building community consensus for proposals or projects, reviewing written material, facilitating study of critical issues, guiding the implementation of new or regulating established programs, assessing the alternatives regarding issues of community concern, and ultimately forwarding recommendations to the Council for consideration. There are times when the advisory body’s recommendation will not be sustained or will be modified by the City Council. It is important to recognize this not as a rejection of the integrity of the recommendation, but as an inevitable part of the process of community decision-making. Throughout this process, the form and formality of the relationship between advisory body members and Council Members will vary. Some advisory body members will have regular contact with individual Council Members, while others may serve solely in the group context. This relationship will depend on your advisory body as much as on you and the Council. For example, there are times when the Chair may address the Council formally on behalf of the advisory body, and other times when an advisory body member may meet with a Council Member individually. At all times it is important to aim for clarity and mutual respect for the different responsibilities and roles. Members should avoid discussing the recommendations of the advisory body with individual Council Members once a vote is taken, if it is for the purpose of exerting influence. Written communications from the advisory body to the City Council in sufficient time to be placed on the agenda is the acceptable method of making recommendations to the Council. It is sometimes appropriate for the chair or duly assigned member to be prepared to address the Council, to answer questions from Council Member pertaining to the recommendations, and to clarify ambiguities. It must be remembered that final authority and responsibility for public policy decision rests with the City Council. The Council has appointed advisory body members as advisors to them. This underlying philosophy makes it improper for an individual advisory body member to try to persuade the Council into the acceptance of a recommendation other than that voted by the majority of the advisory body. The role of an advisory body is to assist the City Council in the formation of policy, having been created for the purpose of advising, being a guide to public opinion, and promoting specific projects in the community at large. B. STAFF-ADVISORY BODY RELATIONSHIP 10.A.a Packet Pg. 207 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 Staff is assigned by the City Administrator to assist and act in a technical advisory capacity to the advisory body. It is not expected that every staff recommendation will be followed; however, because of the staff’s technical knowledge, full consideration should be given to their recommendation. Just as the advisory body is held accountable to the City Council, so is the staff to the City Administrator. After the staff makes a report or recommendation to an advisory body (which recommendation may or may not be followed), they are at liberty to make the same recommendation to the City Council through the City Administrator, even though the advisory body may have taken a different position. The staff has been employed by the manager to provide technical guidance. Staff members make objective recommendations without consideration of personal or political consequences. Failure of a staff member to provide service to the advisory body as directed by the City Administrator is basis for complaint to be brought to the attention of the City Administrator. Since staff personnel are directly responsible to the City Administrator, it is his/her responsibility alone to allocate their time and resources in the interest of the total city government. The relationship of the advisory body and staff is an active and continuous one. Both advisory body members and staff are motivated by the shared goal of furthering the City’s best interests. Yet, while the goal is shared, there are times when the approach and responsibility toward implementing the goal can be different. Because the distinctions in responsibility are not always explicit, cultivating a balanced understanding of your role is essential. The interaction need never be adversarial, but rather can promote respect for different perspectives, and appreciation for each other’s strengths. Since the city staff works for and is accountable to the City Administrator, advisory body members should not attempt to direct or decide the priority of work for departments or individual staff persons. Advisory bodies should, however, set priorities for their own agendas in order that staff may best use the time available for the advisory body. An Advisory body’s goals and work programs must be consistent with Council goals. If an advisory body wants to work on items other than Council goals, the advisory body should seek Council concurrence first. In contacting staff on official business, the proper channel is through the advisory body Chair to the staff member assigned to the advisory body. C. STAFF RESPONSIBILITIES Important staff responsibilities include: Being informed about the latest developments in their field. Providing background and expressing views to the advisory body on important issues. Providing administrative support, including agenda preparation and taking of minutes at meetings. 10.A.a Packet Pg. 208 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 Maintaining a professional position on all topics. Helping the advisory body to stay on track and focused. Interpreting City Council, City department, and relevant state, federal, and international actions and policies. Alerting advisory body members of possible detrimental actions. Presenting advisory body recommendations to the City Council. Describing precedents or operating procedures which affect the decision. D. RELATIONS WITH OTHER BOARDS, COMMISSIONS AND COMMITTEES In areas where there is overlap of jurisdiction between various advisory bodies, it is important that the liaison be aware of the overlap to insure proper consideration of the different viewpoints that may occur, and to minimize duplications or conflicts. Further, joint meetings with the City Council and other advisory bodies and committees may be mutually beneficial whenever two bodies are simultaneously addressing the same topic. If a joint meeting is being considered between advisory bodies, the staff liaisons will assist in logistical considerations to coordinate such a joint meeting. E. CITY CLERK The City Clerk plays an important role for advisory bodies. The City Clerk accepts and maintains applications, processes advisory body appointments, updates membership rosters and bylaws, informational booklets, and yearly attendance records. The City Clerk is also a resource with respect to the Brown Act, the City Charter, Gilroy Open Government Ordinance, agenda and minutes processes, and meeting procedural questions. The City Clerk is the filing officer for Statements of Economic Interests, and any other required filing as identified by the City Council and the State. F. CITY ATTORNEY The City Attorney is a resource for understanding compliance with the Brown Act, the City Charter, the Gilroy Open Government Ordinance, and agenda legality issues, meeting process questions, and conflict of interest determinations. Staff liaisons will coordinate an assistance requested of the City Attorney. 10.A.a Packet Pg. 209 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 IMPOSED RESTRAINTS 10.A.a Packet Pg. 210 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 IMPOSED RESTRAINTS Certain limitations have been placed upon the powers of both the City Council and its appointed advisory bodies by both statutory and case law. In certain instances, application of these restraints may be crucial in the governmental process. In instances of doubt, the City Attorney’s opinion should be sought. Staff liaisons will coordinate an assistance requested of the City Attorney. A. CONFLICT OF INTEREST As specified in state law, it is illegal for an advisory body member to have an interest in any contract, sale, purchase, finding or transaction in which the member is involved in an official capacity. Conflict of interest may disqualify the advisory body member and invalidate any advisory body action where such conflict exists. Any interest, whether personal, private or general that would tempt an advisory body member to act in any manner other than the best public interest should be examined and official action accordingly restricted . An interest that is common to all similarly situated persons is not disqualifying to an action. B. PUBLIC RECORDS LAWS The Government Code of the State of California and the Gilroy Open Government Ordinance provides that categories of official records of the city are open to inspection to any interested party at reasonable times. Exceptions to this law are only those records specified in the act and Gilroy Open Government ordinance such as records relative to legal action in which the city is a party. All advisory body minutes, agenda, audio records and supporting meeting documents are public records and must be disclosed. C. SECRECY - THE BROWN ACT The Ralph M. Brown Act is law which provides that no city advisory body shall hold any meeting at which action is taken other than at a duly called and regularly held meeting, notice of which is provided by agenda or by adjournment of a prior meeting. A “Meeting” takes place whenever a quorum is present and official business is considered. An agenda for each meeting must be posted at least 72 hours in advance for regular advisory body meetings, and 24 hours for special meetings. Advisory body members are permitted to socialize in a non- meeting setting but must refrain from discussing any advisory body business. Care should be taken to make sure that if a quorum of a n advisory body is gathered at a public or private place, no public business is discussed and that the gathering will not be interpreted as a meeting. Care should also be taken with regard to emails. Never select “Reply All” to an email to all advisory body 10.A.a Packet Pg. 211 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 members or forward an email sent to you by one advisory body member to another advisory body member as that could constitute a quorum, and would violate the act. D. DISCRIMINATION AND EQUAL PROTECTION All rules, regulations, laws, services and facilities must apply equally to all persons, and not give favor to any segment of the community. Similarly, all laws and ordinances of the city must afford equal protection to all facets of the community, unless the purpose of a city action requires special classification of the community. E. DUE PROCESS All governmental procedures and process must allow an affected party a right to be heard, and to present controverting fact or testimony on the question of right in the matter involved. Unfair determinations, such as bias, predetermination, refusal to hear, etc., may invalidate actions. F. REASONABLENESS Every action of municipal government must be reasonable, or otherwise stated, not capricious, extreme, arbitrary, or abusive. G. USE OF PUBLIC PROPERTY Public property, equipment and facilities may not be used for private or personal purposes. Facilities, equipment and supplies are provided by the city but are limited to use in official functions only. H. CONFLICT OF INTEREST CODE: DISCLOSURE REQUIREMENTS Individuals serving on the Planning Commission, Building Board of Appeals, Parks and Recreation Commission, Historic Heritage Committee and the Physically Challenged Board of Appeals must file a Statement of Economic Interest with the City Clerk to disclose personal interests in investments, real property and income. This is done within 30 days of appointment date and annually thereafter. The Conflict of Interest Code has been established and adopted by the City Council pursuant to the California Fair Political Practices Act (Government Code Section 87300 et seq.). Copies of the code are available from the City Clerk. I. USE OF CITY EMAIL All appointed City advisory body members will be assigned a City email account to conduct all city related email communication . These communications 10.A.a Packet Pg. 212 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) DRAFT 2019 are public records, and as such must be maintained on the city servers. All City emails are subject to the Public Records Act and you may only use your City email to conduct City business as an advisory body member. Please do not forward or reply to a City email from your personal email address. Once your term on the advisory body is over, your City email will be terminated. As noted under the Brown Act section of this handbook, care should be taken with regard to emails. Never select “Reply All” to an email to all advisory body members or forward an email sent to you by one advisory body member to another advisory body member since that could constitute a quorum. All questions and concerns should be directed to the Chair and staff liaison. 10.A.a Packet Pg. 213 Attachment: 2019 Gilroy Commissioner Handbook_draft1 (1995 : Board, Commission, Committee Handbook) City of Gilroy STAFF REPORT Agenda Item Title: Presentation of Draft Crisis Communication Plan Meeting Date: January 28, 2019 From: Gabriel Gonzalez, City Administrator Department: Administration Submitted By: Gabriel Gonzalez Prepared By: Gabriel Gonzalez Rachelle Bedell Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service Enhanced Public Safety RECOMMENDATION Receive report and provide direction to staff. EXECUTIVE SUMMARY Emergencies can create a variety of challenges and hazards to communities. Preparing before an emergency is vital to providing service and assistance during emergency situations. In an effort to increase our ability to provide accurate and timely information to our community during emergency situations, staff has created a Crisis Communication Toolkit. This toolkit is designed with resources to assist the Emergency Public Information Officer in swiftly drafting and distributing messaging during emergency situations. BACKGROUND Under Council’s direction, staff has been working to further develop and expand the components of communication and engagement for the City. As part of this process, 11.A Packet Pg. 214 we have specifically focused on planning and preparing resources for communication in the event of an emergency or crisis. Role of the Emergency Public Information Officer: In the event of an emergency, the role of Emergency Public Information Officer is coordinated through the management section of the Emergency Operations Center and is filled by the Community Engagement Coordinator or designated back-up. The Emergency Public Information Officer is responsible for preparing media releases , developing and updating messages for the City website, social media, radio channel1610 AM, and all other communication resources as necessary, and in addition will coordinate and handle incoming media requests and prepare statements. Messaging for release through communication resources is prioritized by using the following standards: 1. First Priority: Information that will save lives and protect health. 2. Second Priority: Emergency status information including information on the emergency situation and response efforts. 3. Third Priority: Other useful information. Role of Elected Officials in an Emergency: Elected officials play a crucial role in setting policy for emergency management for the City. In the event of an emergency, the Mayor and City Council will be notified by the City Administrator who serves as the Director of Emergency Services. The Director of Emergency Services is responsible for carrying out the policy established in the City Code. The City Council’s actions during, and following, a disaster affects community members and City employees, and directly impacts the City’s ability to protect lives and property. The Director of Emergency Services or a designee will share information at regular intervals with the Mayor and Council Members to ensure there is timely communication of disaster information and to answer any questions the Mayor or Council Members may have. The Mayor and City Council Members can assist in keeping the community informed by distributing this information.. Crisis Communications Toolkit: Developed with the assistance of Sobel Communications, the Crisis Communications Toolkit provides resources to assist the City in the event of a crisis or emergency. In order to protect sensitive information two versions of the Toolkit have been developed: 1. Crisis Communication Toolkit, Public Version 11.A Packet Pg. 215 2. Crisis Communication Toolkit, Ghost Version The public version is included with this staff report and contains a media contact list, sample media releases, media conference guidelines and media conference set up. The ghost version contains: 1. Emergency Operations Center Organizational Chart 2. Emergency Operations Center Contact List 3. Media Contact List 4. Community Partners Contact List 5. City Council Emergency Contact List 6. Messaging Channels a. 1610 AM Instructions b. AlertSCC Instructions c. IPAWS Instructions 7. Sample Media Releases 8. Media Conference Guidelines 9. Media Conference Set Up CONCLUSION The City cannot predict what emergencies and crisis may lie ahead, but we do know that planning and preparation are key to protecting the safety and vitality of the members our community. Communication is an essential part of our preparation efforts. We have confidence that this toolkit will be an instrumental resource for the dissemination of information during any crisis or emergency situation in the City. Attachments: 1. Crisis Communication Toolkit 012319 OCR 11.A Packet Pg. 216 This toolkit has been created for use by the Communication and Engagement Office and the City of Gilroy in the event of a crisis involving a natural or man- made occurrence. 2019 Crisis Communication Toolkit 11.A.a Packet Pg. 217 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) Emergencies can create a variety of challenges and hazards to communities. Preparing before an emergency plays a vital role in providing service and assistance during emergency situations. This toolkit is designed as a proactive communication resource to assist the communication team in providing accurate and timely information during times of crisis. • 11.A.a Packet Pg. 218 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) Table of Contents Media Contact List ..................................................................................................................................... 1-2 Sample Media Releases .......................................................................................................................... 3-17 Active Shooter ................................................................................................................................. 4 Bomb Threat .................................................................................................................................. 5 Casualty Incident ............................................................................................................................. 6 Dam Failure ..................................................................................................................................... 7 Death of a Public Official ................................................................................................................. 8 Earthquake ................................................................................................................................. 9-10 Flooding .................................................................................................................................... 11-12 Hazardous Material Incident ......................................................................................................... 13 Major Fire ................................................................................................................................. 14-15 Mass Casualty ........................................................................................................................... 16-17 Media Conference Guidelines .................................................................................................................... 18 Media Conference Set Up .......................................................................................................................... 19 11.A.a Packet Pg. 219 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 1 | Page Media Contact List The following media list may change over time. When contacting the media, be sure to consult to the PIO for current contact information and strategies. Print/Online Gilroy Dispatch gilroydispatch.com 418.842.6400 bholtzclaw@newsvmedia.com Gilroy Life gilroylife.com 418.607.1998 marty@morganhilllife.com GMH Today gmhtoday.com 408.848.6540 larrym@gmhtoday.com Gilroy Patch patch.com/California/Gilroy tips@patch.com San Jose Mercury News mercurynews.com 408.920.5000 breakingteam@bayareanewsgroup.com San Francisco Chronicle sfchronicle.com 415.777.7100 metrodesk@sfchronicle.com Bay Area News Group nbcbayarea.com 925.302.1600 stories@nbcbayarea.com Television KSBW – 8 ksbw.com 831.758.8888 news@ksbw.com KNTV – 11 NBC nbcbayarea.com 408.432.6221 stories@nbcbayarea.com KGO – 7 ABC abc7news.com 877.222.7777 KTVU – 2 FOX ktvu.com 510.874.0242 newstips@foxtv.com KPIX – 5 CBS Sanfrancisco.cbslocal.com 415.362.5500 kpixnewsassign.editors@cbs.com KRON – 4 Independent kron4.com 415.441.4444 BreakingNews@kron4.com KQED – 9 PBS kqed.org 415.553.2129 assignmentdesk@kqed.org 11.A.a Packet Pg. 220 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 2 | Page Radio KLIV 1590 AM kliv.com 408.293.8030 kieve@empirebroadcasting.com KSCO 1080 AM ksco.com 831.475.1080 news@ksco.com KION 1640 AM kdia.com 831.755.8181 KPMG 1520 AM kpmgradiobonita.com 831.728.1520 KSJO 92.3 FM bolly923fm.com 408.453.5400 KXSM 93.1 FM (Spanish) kxsm.radio.net 831.539.5230 KBAY 94.5 FM 945bayfm.com 408.287.5775 KCBS 740 AM cbslocal.com 415.474.5227 kpixnewsassign.editors@cbs.com KGO 810 AM kgoradio.com 415.478.3810 producers@kgoradio.com KQED 88.5 FM kqed.org 415.553.2129 assignmentdesk@kqed.org MIX 106.5 FM mymix106.com 408-287-5775 dave.numme@alphamediausa.com contact@bolly923.com 11.A.a Packet Pg. 221 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 3 | Page Sample Media Releases • Active Shooter • Bomb Threat • Casualty Incident • Dam Failure • Death of a Public Official • Earthquake • Flooding • Hazardous Material • Major Fire • Mass Casualty Incident 11.A.a Packet Pg. 222 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 4 | Page Gilroy, CA - Gilroy Police and city officials are asking the public to avoid _____, as there is the report of an active shooter in the immediate vicinity. A report of an armed suspect first came to the Gilroy PD 911 line at _____ a.m./p.m. and police responded to the scene. At this time police are not releasing details of the incident until more is known about the situation, including updates concerning a suspect or suspects. The public is urged to avoid the area and to await further details as the police department releases them. It is important that members of the public not come to the area of the incident as this is to be considered a fluid and ongoing event. PIO by name (or other official), said today, “This type of situation is extremely dangerous for our police, those involved in the incident and for nearby residents. We cannot stress strongly enough the need to stay away from _____ and await updates through official sources.” A media briefing concerning this incident will be forthcoming. Should the media have any questions, please direct inquiries to Rachelle Bedell, Gilroy Community Engagement Coordinator at (408)-846-0443. # # # FOR IMMEDIATE RELEASE CONTACT: Gabriel A. Gonzalez, City Administrator 408-846-0202 DATE: _____, 2019 SAMPLE RELEASE ACTIVE SHOOTER - INITIAL RELEASE 11.A.a Packet Pg. 223 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 5 | Page Gilroy, CA - At _____a.m./p.m. today the Gilroy 911 system received a bomb threat at _____, located near _____. Police and fire personnel have been dispatched to the location to establish a perimeter and the bomb disposal unit at _____ has been notified. Preliminary findings as to the existence of an explosive device are inconclusive, but people in the area are being interviewed. Nearby residents are requested to shelter in place until further notice. The bomb disposal unit is scheduled to arrive at ______ a.m./p.m. As additional details become available, we will immediately release the information through our social media platforms including Nixle, the local emergency alert system. We ask that residents please refrain from calling 911 but follow the information channels that will be updating the situation as we learn more. Media releases concerning this incident will be forthcoming. In the interim, should members of the media have questions, please call Rachelle Bedell, Gilroy Community Engagement Coordinator at (408)-846-0443. # # # FOR IMMEDIATE RELEASE CONTACT: Gabriel A. Gonzalez, City Administrator 408-846-0202 DATE: _____, 2019 SAMPLE RELEASE BOMB THREAT - INITIAL RELEASE 11.A.a Packet Pg. 224 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 6 | Page Gilroy, CA - Today at _____ a.m./p.m. a casualty incident occurred at the (address) in Gilroy. Circumstances of the death/s is currently under investigation by the Gilroy Police Department and we expect to have an initial statement shortly, at (time). What we can report at this time is that Gilroy 911 received numerous calls of gunshots (example) and responded to the scene. While attempting to ascertain the nature of the emergency call, a body/bodies was/were discovered. Police, along with Gilroy fire personnel, determined the person/s were deceased and immediately set up a perimeter to establish a crime scene. As more details become available, including the name/s of the deceased, such information will be provided to the media. Chief of Police Scot Smithee says, “These types of crimes are very difficult for the community and for the family/families of the deceased. However an incident occurs, or for whatever reason, still the aftermath is extremely difficult for those closest to those who have passed away.” For more information concerning the incident please refer to the Gilroy Facebook page, Nixle or other social media outlets. Media questions should be directed to Rachelle Bedell, Gilroy Community Engagement Coordinator at (408)-846-0443. # # # FOR IMMEDIATE RELEASE CONTACT: Gabriel A. Gonzalez, City Administrator 408-846-0202 DATE: _____, 2019 SAMPLE RELEASE CASUALTY INCIDENT - INITIAL RELEASE 11.A.a Packet Pg. 225 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 7 | Page Gilroy, CA - A potential dam failure at the _____Reservoir has activated the Gilroy Emergency Operations Center (EOC). At this time residents of the city are being warned to prepare for immediate evacuation. Structural and geotechnical engineers are at the site of the dam conducting a visual inspection. Failure of the dam will cause widespread flooding, property damage and potentially the loss of life, most especially in low-lying areas located in and around the following parts of the city: (name the areas here). We urge all residents to closely monitor the city's website at www.cityofgilroy.org, AlertSCC, 1610 AM and other social media platforms. City Administrator Gabriel Gonzalez says, “We have resources at the reservoir and city emergency crews are standing by should there be even the slightest change of conditions or any indication that the dam is in danger of failing. The dam is within ten miles of Gilroy so we are extremely concerned, if need be, about moving people quickly and safely out of harm’s way.” Should an evacuation order be given the public is asked to move from affected areas in an orderly manner, utilizing the following main streets (name the streets). Because in a worst case scenario thousands of residents may be affected, city officials are urging those who can or wish to leave the area as a precautionary move, to do so now. Police patrols will be visible in the city to protect homes and businesses. Please direct all media queries to Rachelle Bedell, Gilroy Community Engagement Coordinator at (408)-846-0443. # # # FOR IMMEDIATE RELEASE CONTACT: Gabriel A. Gonzalez, City Administrator 408-846-0202 DATE:_____, 2019 SAMPLE RELEASE DAM FAILURE THREATENS GILROY - INITIAL RELEASE 11.A.a Packet Pg. 226 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 8 | Page Gilroy, CA - The City of Gilroy is sad to report the passing of _____. City officials were informed of the death at _____ a.m./p.m. yesterday. Funeral services are pending. “The death of _____ is a significant loss to the City of Gilroy,” says Gabriel Gonzalez, City Adminstrator. “His/her service to the residents of the city was selfless and will be remembered for years to come.” Mayor (whomever it is) _____, echoed Gonzalez saying, “I served with _____ for _____years and know first-hand his/her dedication and work ethic. Prepared at all times, with wonderful contributions to the _____, I was fortunate to have served with ______.” _____was a (Eg. city council member), serving in that capacity for _____ years. _____also served in other capacities for the city as well, including_____. As more information becomes available we will post it on our website at www.cityofgilroy.org and on other city social media platforms. The city council will adjourn in the memory of _____at its next meeting scheduled for _____. For more information or questions concerning the passing of_____, please check the city’s website or call Rachelle Bedell, Gilroy Community Engagement Coordinator at (408)-846-0443. # # # FOR IMMEDIATE RELEASE CONTACT: Gabriel A. Gonzalez, City Administrator 408-846-0202 DATE: _________, 2019 SAMPLE RELEASE DEATH OF A PUBLIC OFFICIAL - INITIAL RELEASE 11.A.a Packet Pg. 227 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 9 | Page Gilroy, CA - At _____(time) a _____magnitude earthquake struck the San Francisco Bay Area. Damage in Gilroy is being evaluated at this time by city officials, but is currently considered (Extreme, Serious, Mild). The Emergency Operations Center (EOC) has been activated in Gilroy and at the county level as well. The EOC will be staffed and operating 24 hours a day, seven days a week, until further notice. At this time the earthquake and continuing aftershocks are presenting challenges for city employees, including those from Public Works and Public Safety as they work to confirm loss of life, injuries, damage to infrastructure, including overpasses and roadways, along with numerous reports of traffic lights that are not working, and a wide variety of other service calls. Tonight at (time) the City Council of Gilroy will meet in emergency session at City Hall to discuss the earthquake and the many concerns arising from the earthquake and aftershocks. City Administrator Gabriel Gonzalez says, “The earthquake was very strong and appears to have done considerable damage to Gilroy. We have activated all channels of local government, along with coordinating with regional officials to bring all available resources to Gilroy to provide relief as soon as possible. Tonight the city council will meet and we will be presenting them with a short-term plan to address this crisis.” The City asks its residents to call 911 only if you have an emergency, otherwise Gilroy will be updating the public on all its social media platforms every two hours. Additionally, we strongly FOR IMMEDIATE RELEASE CONTACT: Gabriel A. Gonzalez, City Administrator 408-846-0202 DATE: _____, 2019 EARTHQUAKE STRIKES BAY AREA -INITIAL RELEASE CITY OF GILROY RESPONDS 11.A.a Packet Pg. 228 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 10 | Page urge residents to shelter in place and not attempt to move around the city to see the damage. Police personnel will be patrolling to guard against any criminal activity. Persons suspected of being near a business or residence for unlawful purposes will be immediately arrested. For further information regarding the earthquake and emergency response please check the city's website at www.cityofgilroy.org. Residents are encouraged to monitor 1610 AM and the City’s social media channels for updates. All media queries should be directed to Rachelle Bedell, Gilroy Community Engagement Coordinator at (408)-846-0443. # # # 11.A.a Packet Pg. 229 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 11 | Page Gilroy, CA - A severe winter storm with strong winds and rain has contributed to an emergency alert, warning residents about flooding now occurring along Uvas Creek. The severe flooding affecting residents and the City of Gilroy occurred in an area where flood control projects have been undertaken since 1986. The combination of rain, ground saturation and a tidal action pushed the water above flood stage at (time) a.m./p.m. Residents near the areas that have flooded or may be prone to flood have been evacuated and many are staying in city facilities until further notice. Still others have been able to find shelter with family and friends. Public Works crews along with fire and police personnel are searching for additional residents who may need to be moved out of harm’s way while also proactively protecting property in the area of the flooding. City Administrator Gabriel Gonzalez said, “The City of Gilroy is fully committed to helping every resident that may need assistance. We have opened the Emergency Operations Center (EOC), which will be staffed around the clock until further notice. Additionally, the mayor and city council will be meeting in emergency session (date, time) at City Hall to further discuss the situation.” For the latest information on the flooding please check the city’s website at www.cityofgilroy.org. Residents are also encouraged to monitor 1610 AM and the City’s Social FOR IMMEDIATE RELEASE CONTACT: Gabriel A. Gonzalez, City Administrator 408-846-0202 DATE: _____, 2019 SAMPLE RELEASE SEVERE STORM CAUSES FLOODING - INITIAL RELEASE 11.A.a Packet Pg. 230 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 12 | Page Media Channels for updates. Media queries should be directed to Rachelle Bedell, Gilroy Community Engagement Coordinator at (408)-846-0443. 11.A.a Packet Pg. 231 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 13 | Page Gilroy, CA - A Hazardous Material (HazMat) spill of dangerous liquids that may produce associated airborne gas has been reported at (insert address here), a local manufacturing company that produces (name products). The gases and chemical spill have the potential to harm people and other living organisms, and potentially property and the environment. A shelter-in-place notice has been issued to the surrounding businesses and residences within a half-mile radius. When more information is learned about the nature of the spill and potential consequences, all methods of communication to the community will be employed. At this time fire and Emergency Medical Services (EMS) and crews are on the scene, including an incident commander from the Gilroy Fire Department. As the spill is further evaluated additional resources may be called to the scene to assure the maximum number of resources are in place. City Administrator Gabriel Gonzalez is keeping the city council informed about the incident and helping to direct the municipal response to the ongoing situation. Further information regarding this incident will be released as new details emerge. Please check all official City of Gilroy social media sites for updates, including the city's website at www.cityofgilroy.org, or call Rachelle Bedell, Gilroy Community Engagement Coordinator at (408)-846-0443. # # # FOR IMMEDIATE RELEASE CONTACT: Gabriel A. Gonzalez, City Administrator 408-846-0202 DATE: ____, 2019 SAMPLE RELEASE HAZARDOUS MATERIAL ALERT FOR GILROY - INITIAL RELEASE 11.A.a Packet Pg. 232 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 14 | Page # # # Gilroy, CA - The City of Gilroy is issuing a pre-evacuation alert concerning a fire that is threatening the city. We urge all residents to keep abreast of the latest news at the city’s website www.cityofgilroy.org and on other social media. The fire is currently burning in the (name area and specific location) where firefighters and other emergency personnel have been cutting fire breaks, pouring water on the fire and dropping retardant from the air. Currently, the size of the fire is approximately _____acres, with _____% containment at this time. Additional fire assets are coming to the area to help fight the fire, including additional units from the California Department of Forestry (CDF), Morgan Hill, San Jose (others). City Administrator Gabriel Gonzalez says about the fire, “We reacted very quickly but winds and years of accumulated undergrowth are proving to be challenging aspects of the fire. We will keep everyone up to speed on the progress of the fire, but at any moment we may need to issue an evacuation order to move residents out of harm’s way. Currently we are most concerned about the (name the part of the city) portion of the city.” The City is especially concerned about the fire because there have been seven major fires in the last fifteen years that did considerable property damage to buildings. If the fire should threaten the downtown many buildings are not equipped with fire sprinklers and are especially FOR IMMEDIATE RELEASE CONTACT: Gabriel A. Gonzalez, City Administrator 408-846-0202 DATE: _____, 2019 SAMPLE RELEASE MAJOR FIRE THREATENS GILROY - INITIAL RELEASE # # # 11.A.a Packet Pg. 233 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 15 | Page vulnerable. Additionally, fires in the surrounding hills may impact new and older hillside developments. All media queries should be directed to Rachelle Bedell, Gilroy Community Engagement Coordinator at (408)-846-0443. # # # 11.A.a Packet Pg. 234 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 16 | Page Gilroy, CA - Residents are urged to avoid (name are of city and specific site location) as a mass- casualty incident* is in progress. Residents are urged to visit the City of Gilroy website at www.cityofgilroy.org to receive frequent updates. What the City of Gilroy knows at this time is that a 911 call was received at (time) alerting police personnel of a person or persons with weapons. Several residents nearby reported the sound of gunfire. At this time Gilroy police, along with tactical units from a number of other departments are on or near the scene. Fire department and medical service personnel are also currently staging in the area. City Administrator Gabriel Gonzalez says, “This is every community’s worst fear, that someone or more than one person perpetrates a crime of this nature and magnitude. As we know more about this very fluid situation we will be issuing updates. Certainly are thoughts and prayers go out to those involved in this tragic event.” Area businesses and schools (names) have been ordered to shelter-in-place and school officials (if this is a school or not) are in the process of notifying family members via their own protocols. We are imploring residents in the area and or elsewhere in the city to please avoid the area as it makes it harder for public safety personnel to do their jobs if unauthorized people are on the scene. FOR IMMEDIATE RELEASE CONTACT: Gabriel A. Gonzalez, City Administrator 408-846-0202 DATE: _____, 2018 SAMPLE RELEASE MASS-CASUALTY INCIDENT ONGOING - INITIAL RELEASE 11.A.a Packet Pg. 235 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 17 | Page A media conference is currently scheduled for (time). Gilroy officials including the mayor, city administrator, police chief and others will be making statements about the circumstances of the incident and answering those questions that are possible to answer given available information at this time. Please direct all media queries to Rachelle Bedell, Gilroy Community Engagement Coordinator at (408)-846-0443. *Note not for draft release: A mass-casualty incident is defined as at least twenty (20) people who have been injured and/or died. # # # 11.A.a Packet Pg. 236 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 18 | Page Media Conference Guidelines Planning: • Identify Key Message Points • Select Date & Time Keeping in Mind not to Hold it too Late in the Day • Select a Location: Consider Accessibility, Amenities, Parking, Network Connections etc. • Identify Spokesperson, Moderator, and Officials • Identify Media Representatives to be Invited • Write and Distribute Invitation to Include: • Date, time and Location of Media Conference • Reason for Media Conference • Develop Materials for the Media to Include: • Information on Speakers or Participants of Media Conference • Information on Topic to Include Supporting Documents Such as Photographs, Case Studies, and Related News Stories, Articles or Other Published Materials • Copies of Final Media Release Before the Media Conference: • Check that Venue is Prepared Including Visuals, Seats, Equipment, Tables and Chairs for Speakers and Moderator, etc. • Provide Login Sheet for Participants Including Contact Information • Ensure Speakers and Moderator are Prepared for Media Conference • Welcome Participants Upon Arrival, Handing out Media Kits During the Media Conference: • Moderator to Introduce Spokesperson • Spokesperson to Read a Written Statement Followed by Q&A • When Possible, Document Conference by Recording it on Video • Allow Moderator to Lead Flow of Question-and-Answer • Moderator to End Media Conference by Thanking Everyone who Attended 11.A.a Packet Pg. 237 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication) 19 | Page Media Conference Set Up Officials DODD □ Media Seating DODD □ General Seating DODD □ DODD □ □DODD 11.A.a Packet Pg. 238 Attachment: Crisis Communication Toolkit 012319 OCR [Revision 1] (1870 : Crisis Communication)