HomeMy WebLinkAbout03/04/2019 City Council - Regular Meeting Packet
March 4, 2019 1:44 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, MARCH 4, 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, o r 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, t here 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
03/4/2019 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. Proclamation Naming the Month of March Red Cross Month
2. Proclamation Naming the Month of March Youth Arts Month
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 items 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
03/4/2019 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 Bo ard, 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 public. 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
03/4/2019 Page4 VII. BIDS AND PROPOSALS
A. Amendment to the Agreement With 4LEAF Inc. in the Amount of $375,000
for Construction Management and Inspection Services for First Street
Water Line Replacement Project
1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
Approve an amendment to the agreement with 4LEAF, Inc. in the amount of
$375,000 for construction management and construction inspection services for
the First Street Water Line Replacement Project, with extending the term through
December 30, 2019, and authorize the City Administrator to execute the
amendment and related documents.
VIII. PUBLIC HEARINGS-NONE
IX. UNFINISHED BUSINESS
A. Gilroy Housing Trust Fund Update and Funding Priorities for FY 2019-2020
and FY 2020-2021
1. Staff Report: Sue O'Strander, Deputy Director of Community Development
2. Public Comment
3. Possible Action:
Review the Housing Trust Fund update and establish funding priorities for Fiscal
Years 2019-2020 and 2020-2021.
X. INTRODUCTION OF NEW BUSINESS
A. Temporary Use Permit for Alpine Landscapes for a Temporary Office
Trailer at 8585 Murray Avenue (TUP 18-19)
1. Staff Report: Sue O'Strander, Deputy Director of Community Development
2. Public Comment
3. Possible Action:
Approval of a temporary use permit for a temporary office trailer for Alpine
Landscapes at 8585 Murray Avenue.
B. Consideration of Design for Gilroy Welcome Sign at the Southwest Corner
of Santa Teresa Boulevard and Hecker Pass Highway
1. Staff Report: Sue O'Strander, Deputy Director of Community Development
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
C. Request by Meritage Homes to Modify Public Improvement Agreement
2015-06 for the Harvest Park II Development
City Council Regular Meeting Agenda
03/4/2019 Page5 1. Staff Report: Girum Awoke, Public Works Director
2. Public Comment
3. Possible Action:
a) Deny the request by Meritage Homes to modify Public Improvement
Agreement (PIA) for Harvest Park 2 development, and;
b) Direct staff to conduct analysis for projects within the Traffic Circulation
Master Plan, identify options to update the Traffic Impact Fee (TIF) for
different reimbursement alternatives, and develop a clear policy document
and reimbursement procedure for the TIF program.
D. City Historian Volunteer Position Description
1. Staff Report: Shawna Freels, City Clerk
2. Public Comment
3. Possible Action:
Adoption of a Resolution of the City Council of the City of Gilroy establishing a
position description for the City Historian.
E. Proposed Ordinance Promoting the Right to do Business in Downtown and
Promulgating Deed Notifications as a Condition of Discretionary
Development Permits and Transfers of Property
1. Staff Report: Gabriel Gonzalez, City Administrator
2. Public Comment
3. Possible Action:
Receive report and provide direction to staff.
XI. CITY ADMINISTRATOR'S REPORTS
XII. CITY ATTORNEY'S REPORTS
XIII. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to
Government Code Section 54956.8 and Gilroy City Code Section 17A.8 (a)
(2) Property:7070 Chestnut Street, Gilroy (Gilroy Fire Station), APN 841 66
012; Negotiators: Gabriel Gonzalez, City Administrator; Other Party to
Negotiations: Rogg Collins of Evergreen; Under Negotiations: Price and
Terms of Payment
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to
Government Code Section 54957 and Gilroy City Code Section 17A.11(2);
Employee Name/Title: Shawna Freels, City Clerk
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to
Government Code Section 54957 and Gilroy City Code Section 17A.11 (2)
Name/Title: Gabriel Gonzalez, City Administrator
1. Public Comment on Closed Session Items
2. Adjourn to Closed Session
City Council Regular Meeting Agenda
03/4/2019 Page6 ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstention of each
Councilmember if required by Government Code Section 54957.1 and Gilroy Code
Section 17A.13 (a); Public Report of the vote to continue in close d session if required
under Gilroy Code Section 17A.11 (5)
ADJOURNMENT
MEETING DATES
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
25 Special Joint Meeting with GUSD - 6:00 p.m., 7810 Arroyo Circle
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
MAY, 2019
6* Regular Meeting - 6:00 p.m., City Council Chambers
7* Special Meeting/Study Session - 6:00 p.m., City Council Chambers
20* Regular Meeting - 6:00 p.m., City Council Chambers
* meeting is webstreamed and televised
Proclamation of the City of Gilroy
Whereas, the City of Gilroy has a long history of helping our neighbors in need.
American Red Cross Month is a special time to recognize and thank our heroes – those
Red Cross volunteers and donors who give of their time and resources to help community
members; and
Whereas, these heroes help families find shelter after a home fire. They give blood
to help trauma victims and cancer patients. They deliver comfort items to military members
in the hospital. They use their lifesaving skills to save someone from a heart attack,
drowning or choking. They enable children around the globe to be vaccinated against measles
and rubella; and
Whereas, The American Red Cross depends on local heroes to deliver help and
hope during a disaster. We applaud our heroes here in Gilroy who give of themselves to
assist their neighbors when they need a helping hand; and
Whereas, across the country and around the world, the American Red Cross
responds to disasters big and small. In fact, every eight minutes the organization responds to
a community disaster, providing shelter, food, emotional support and other necessities to
those affected. It collects nearly 40 percent of the nation’s blood supply; provides 24-hour
support to military members, veterans and their families; teaches millions lifesaving skills,
such as lifeguarding and CPR; and through its Restoring Family Links program, connects
family members separated by crisis, conflict or migration ; and
Whereas, we dedicate the month of March to all those who support the
American Red Cross mission to prevent and alleviate human suffering in the face of
emergencies. Our community depends on the American Red Cross, which relies on donations
of time, money and blood to fulfill its humanitarian mission.
NOW, THEREFORE, I, Roland Velasco, Mayor of the City of Gilroy, on
behalf of the entire City Council, do hereby proclaim March 2019as
American Red Cross Month
and encourage all Citizens of Gilroy to support this outstanding organization and its noble
humanitarian mission.
_____________________
Mayor Roland Velasco
2.A.1
Packet Pg. 7 Communication: Proclamation Naming the Month of March Red Cross Month (Proclamations, Awards, and Presentations)
Proclamation of the City of Gilroy
WHEREAS, the City of Gilroy is committed to supporting the arts to
help inspire and prepare students for success in the 21st century as they develop
to become productive, contributing members of a strong community; and,
WHEREAS, we share the vision of ensuring that students have access
to high-quality arts education that is culturally-relevant and inclusive, in all
forms, as part of a comprehensive education that sparks curiosity, imagination,
creativity and joy; and,
WHEREAS, Artspiration is a county-wide arts education initiative
focused on professional development, student engagement, and advocacy and
communication; and,
WHEREAS, arts-learning strategies and arts integration help teachers
to recognize and build upon critical thinking skills, curiosity, flexibility,
communication, innovation, collaboration and are the traits required for post-
secondary and workplace success; and,
WHEREAS, each March, Arts Education is celebrated in local
schools, schools districts, community arts organizations and communities.
NOW, THEREFORE, I, Roland Velasco, Mayor of the City of
Gilroy, on behalf of the entire City Council, do hereby recognize the month of
March, 2019 as
Youth Arts Month
to celebrate students’ artistic creativity and joy found through artistic expression.
_____________________
Mayor Roland Velasco
2.A.2
Packet Pg. 8 Communication: Proclamation Naming the Month of March Youth Arts Month (Proclamations, Awards, and Presentations)
City of Gilroy
STAFF REPORT
Agenda Item Title: Amendment to the Agreement With 4LEAF Inc. in the Amount of
$375,000 for Construction Management and Inspection Services for
First Street Water Line Replacement Project
Meeting Date: March 4, 2019
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Girum Awoke
Julie Behzad
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
☐ Customer Service ☐ Enhanced Public
Safety
RECOMMENDATION
Approve an amendment to the agreement with 4LEAF, Inc. in the amount of $375,000
for construction management and construction inspection services for the First Street
Water Line Replacement Project, with extending the term through December 30, 2019,
and authorize the City Administrator to execute the amendment and related documents.
BACKGROUND
4Leaf, Inc. is one of six consultants selected to provide construction management
services through a request for qualifications process approved by Council on August 4,
2014, which is good thru August 2019. A request for proposals (RFP) for Construction
Management (CM) services was sent to three firms on the pre-qualified list. All three
firms submitted proposals, which were evaluated by staff to determine the best qualified
firm to provide construction management services for this particular ly high profile
waterline project. 4Leaf was selected as the best qualified firm to provide these
services.
7.A
Packet Pg. 9
The CM contract with 4Leaf was signed in September 2015 with anticipation of the First
street project starting construction sometime in spring 2016. The expiration date for the
4Leaf contract was set at December 2017. The First street water line project
construction started in August 2018 with construction duration of 320 calendar days
(approximately 11 months). The original proposal from 4Leaf assumed construction
duration of 6 months and did not account for the extended level of effort and
construction oversight that is required for a longer duration project.
It was discovered in the fall of 2018 that the original contract with 4Leaf had expired and
could not be renewed. Therefore, in order to ensure continuity of coverage for
inspection and construction oversight (and given that the short list of qualified CM firms
was still active), staff requested a limited scope proposal from 4Leaf and created a new
contract with 4Leaf with the intent of amending the contract once a full proposal was
received. This new contract was executed with 4Leaf in December 2018. The value of
the original contract being amended is $95,000 and was intended to cover construction
activities through March 2019.
DISCUSSION
First street (SR 152) water line construction project is intended to upgrade more than
8,000 linear feet of existing 18” water main from West of Santa Teresa Boulevard to the
Monterey street intersection. Construction started in August 2018 and is expected to be
completed in July 2019. There is a potential construction scope increase as staff has
identified capital projects that need to be completed prior to Caltrans paving project
which is slated to begin in summer 2019.
Staff is currently working with the construction contractor (Monterey Peninsula
Engineering) to receive a price proposal to include water main repairs along Monterey
Road including replacing a 6” line from South of Leavesley to Howson, and upgrading a
4” lateral to a 10” lateral main along Casey Road. The construction schedule will
therefore be revised to account for additional project scoping, unforeseen conditions,
and storm events that have impacted the project schedule. The construction area for
the forgoing work is within the Caltrans roadway slated to be reconstruction as part of
the Hwy 152 improvement project. To avoid ripping up the newly constructed roadway
afterwards, staff is proposing to have the work performed prior to Caltrans
reconstructing this portion of Monterrey Road.
As the selected CM firm, 4LEAF, Inc. will perform the day to day construction
management of the project, including field inspections, traffic control oversight, public
outreach, in conformance with the plans and specifications, and addressing other
construction issues as they arise. 4Leaf’s services are expected to last through
September 2019.
FISCAL IMPACT/ FUNDING SOURCE
7.A
Packet Pg. 10
This project has been funded with the Water Enterprise Fund. There is sufficient fund
balance in the adopted Fiscal Year 18/19 budget to cover the completion of construction
management and inspection services for this project.
The total 4LEAF contract cost will be as follows:
Cost
Original Contract Price $95,000
Amendment No. 1 $375,000
Total Contract Price $470,000
CONCLUSION
This contract amendment seeks to increase the value of the contract by $375,000 and
extend the term of the contract through December 31, 2019.
Attachments:
1. 4LEAF_Contract_Amendment_1st_St_signedby4LEAF
2. 4LEAF - First Street Waterline Construction Management (2019)
7.A
Packet Pg. 11
7.A.aPacket Pg. 12Attachment: 4LEAF_Contract_Amendment_1st_St_signedby4LEAF [Revision 1] (1862 : Amendment to 4LEAF Service Agreement for
7.A.a
Packet Pg. 13 Attachment: 4LEAF_Contract_Amendment_1st_St_signedby4LEAF [Revision 1] (1862 : Amendment to 4LEAF Service Agreement for
AGREEMENT FOR SERVICES
For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 6 day of December, 2018, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: 4 LEAF, INC., having a principal place of business at 2126 Rheem Drive,
Pleasanton, CA 94588.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on 12/21/18 and will continue in effect through 3/4/2019
unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
tenninate this Agreement regardless of any other provision stated herein. CXj-
Illitial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not
an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties
acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S
employees, including, without limitation, disability or unemployment insurance, workers'
compensation, medical insurance, sick leave, retirement benefits or any other employment
benefits. CONSULTANT shall retain the right to perform services for others during the teen of
this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ("Specific
Provisions") and Exhibit "B" ("Scope of Services"), within the time periods described in
Exhibit "C" ("Milestone Schedule").
B. Method of Performing Services
CONSULTANT shall detenmine the method, details and means of performing the above -
described services. CITY shall have no right to, and shall not, control the manner or determine
the method of accomplishing CONSULTANT'S services.
A R'lF_')9a7_nza 1.,1
1-
7.A.b
Packet Pg. 14 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
C. Employment of Assistants
CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as
CONSULTANT deems necessary to perform the services required of CONSULTANT by this
Agreement, subject to the prohibition against assignment and subcontracting contained in
Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the
perfonnance of those services. CONSULTANT assumes full and sole responsibility for the
payment of all compensation and expenses of these assistants and for all state and federal income
tax, unemployment insurance, Social Security, disability insurance and other applicable
withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location
and at such times as CONSULTANT shall determine is necessary to properly and timely perform
CONSULTANT'S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay
CONSULTANT the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event
however shall the total compensation paid to CONSULTANT exceed $95,000 (-5%
Continfzency).
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit "D". No payment
will be made unless CONSULTANT has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in
Exhibit "A", Section IV) incurred during the preceding period. If CITY objects to all or any
portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30)
days from receipt of the invoice, give reasons for the objection, and pay that portion of the
invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not
to pay any invoiced amounts to which it has objected until the objection has been resolved by
mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of
services for CITY, including but not limited to, all costs of equipment used or provided by
CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against
CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be
nnu_00a7_maa,,1 2-
7.A.b
Packet Pg. 15 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions)
with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate;
provided however, Professional Liability Insurance written on a claims made basis must comply
with the requirements set forth below. Professional Liability Insurance written on a claims made
basis (including without limitation the initial policy obtained and all subsequent policies
purchased as renewals or replacements) must show the retroactive date, and the retroactive date
must be before the earlier of the effective date of the contract or the beginning of the contract
work. Claims made Professional Liability Insurance must be maintained, and written evidence
of insurance must be provided, for at least five (5) years after the completion of the contract
work. If claims made coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the earlier of the effective date of the
contract or the beginning of the contract work, CONSULTANT must purchase so called
extended reporting" or "tail" coverage for a minimum of five (5) years after completion of
work, which must also show a retroactive date that is before the earlier of the effective date of
the contract or the beginning of the contract work. As a condition precedent to CITY'S
obligations under this Agreement, CONSULTANT shall furnish written evidence of such
coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive
Liability insurance policy referred to in (a) immediately above via a specific endorsement) and
requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in
policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or
obligations of CONSULTANT under this Agreement may be assigned or subcontracted by
CONSULTANT without the prior written consent of CITY, which CITY may withhold in its
sole and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying
all required state and federal taxes. Without limiting the foregoing, CONSULTANT
acknowledges and agrees that:
CITY will not withhold FICA (Social Security) from CONSULTANT'S
payments;
CITY will not make state or federal unemployment insurance contributions on
CONSULTANT'S behalf;
CITY will not withhold state or federal income tax from payment to
CONSULTANT;
CITY will not snake disability insurance contributions on behalf of
CONSULTANT;
CITY will not obtain workers' compensation insurance on behalf of
CONSULTANT.
A -
4-
7.A.b
Packet Pg. 16 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
responsible for any expenses incurred by CONSULTANT in performing services for CITY,
except for those expenses constituting "direct expenses" referenced on Exhibit "A."
ARTICLES. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services
under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase
or rent any tools, equipment or services from CITY.
B. Workers' Compensation
CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S
employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and
indemnify CITY, its officers, representatives, agents and employees from and against any and all
claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses,
including without limitation reasonable attorneys' fees, arising out of any injury, disability, or
death of any of CONSULTANT'S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law,
CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be
unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents
and einployees against any and all suits, damages, costs, fees, claims, demands, causes of action,
losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising
or resulting directly or indirectly from any willful or negligent acts, errors or omissions of
CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims
relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall
defend, through counsel approved by CITY (which approval shall not be unreasonably withheld),
indemnify and hold harmless CITY, its officers, representatives, agents and employees against
any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and
expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly
from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any
property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to
CITY, obtain and maintain throughout the tern of this Agreement: (a) Commercial Liability
Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles,
with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages
due to bodily injury, sickness or disease, or death to any person, and damage to property,
3-
7.A.b
Packet Pg. 17 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at
reasonable times following receipt by CITY of reasonable notice, to all documents reasonably
necessary to the performance of CONSULTANT'S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor
governmental entity without the consent of CONSULTANT. Such assignment shall not release
CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant's Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY
termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY' receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated
upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any
of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written
notification to CONSULTANT. For the purposes of this section, material breach of this
Agreement shall include, but not be limited to the following:
1. CONSULTANT'S failure to professionally and/or timely perfonn any of the
services contemplated by this Agreement.
2. CONSULTANT'S breach of any of its representations, warranties or covenants
contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the
terms of this Agreement through the date of the termination notice, as reasonably determined by
CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for
the tasks described on Exhibit C" which have been fully, competently and timely rendered by
CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to
CONSULTANT'S default in the performance of this Agreement or material breach by
CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
nnz;_o,)a7_nnai„i
5-
7.A.b
Packet Pg. 18 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any
and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope
of work as described in this Agreement, to the extent such costs and expenses exceed the
amounts CITY would have been obligated to pay CONSULTANT for the performance of that
task pursuant to this Agreement.
C. Termination for Failure to Make Agreed -Upon Payments
Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article
4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default
under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this
Agreement if such default is not remedied by CITY within thirty (30) days after demand for such
payment is given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could
potentially cause any damage or harm to person or property, in which case CONSULTANT shall
cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in
connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done
toward completion of the services required hereunder, and shall act in such a manner as to
facilitate any the assumption of CONSULTANT'S duties by any new consultant hired by the
CITY to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all
applicable provisions of the Americans with Disabilities Act of 1990 ("the Act") in its current
form and as it may be amended from time to time. CONSULTANT shall also require such
compliance of all subcontractors performing work under this Agreement, subject to the
prohibition against assignment and subcontracting contained in Article 5 above. The
CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the
CITY OF GILROY, its officers, employees, agents and representatives from and against all suits,
claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees,
including without limitation reasonable attorneys' fees, that may arise out of any violations of
the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or
representatives of either.
AAU?)a7_mri,m 6-
7.A.b
Packet Pg. 19 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
C. Attorneys' Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce
or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable
attorneys' fees, which may be set by the court in the same action or in a separate action brought
for that purpose, in addition to any other relief to which that parry may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the
Agreement are for convenience only and shall not be considered nor referred to for resolving
questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal
ordinances and regulations of the CITY which in any manner affect those engaged or employed
in the work, or the materials used in the work, or which in any way affect the conduct of the
work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or
authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the
provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or
subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for
goods or services to refrain from discriminatory employment or subcontracting practices on the
basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant
for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any
public agency interested in this Agreement has any pecuniary interest in the business of
CONSULTANT and that no person associated with CONSULTANT has any interest that would
constitute a conflict of interest in any manner or degree as to the execution or performance of
this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the
parties hereto with respect to the rendering of services by CONSULTANT for CITY and
contains all the covenants and agreements between the parties with respect to the rendering of
such services in any manner whatsoever. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the tenris or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
na1r2)')a7_naa1„1
7.A.b
Packet Pg. 20 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to the conflict of laws provisions of any jurisdiction. The exclusive
jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and
federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal
delivery in writing or by mail, registered or certified, postage prepaid with return receipt
requested. Mailed notices shall be addressed to the parties at the addresses appearing in
Exhibit "A", Section V.H. but each party may change the address by written notice in
accordance with this paragraph. Notices delivered personally will be deemed delivered as of
actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
A R'11-'))r7_fl'191,,1
8-
7.A.b
Packet Pg. 21 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of
performance under this Agreement shall not be construed as waiver(s) of any other condition of
performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
4LEAF, INC. CITY OF GILROY
By2: jaC/a1 % By:
Naf e: Gene A Barry Name: Gabriel A. Gonzalez -
Title: Vice President Title: City Administrator
Social Security or Taxpayer
Identification Number 94-3393574
Approved as to Form =FTE
City At'forney i y Cle
A Gu_'1)R7_nu1 „1
9-
7.A.b
Packet Pg. 22 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
EXHIBIT "A"
SPECIFIC PROVISIONS
L PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit "B", Scope of
Services ("Services"). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONSULTANT agrees to assign Mr. Gene Barrv, who will act in the
capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all
technical and professional services including labor, material, equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the
Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written
Notice to Proceed", which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, Faranak
Mandavi shall be the designated City contact person(s). Notice to Proceed shall be deemed to
have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided
in the Section V.H. ("Notices") of this Exhibit "A".
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance
with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final
Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT
may request this determination of completion when, in its opinion, it has completed all of the
Services as required by the terms of this Agreement and, if so requested, CITY shall make this
determination within two (2) weeks of such request, or if CITY determines that CONSULTANT
has not completed all of such Services as required by this Agreement, CITY shall so inform
CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached
Exhibit "C".
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
na1r,_')')a7_nza1„1
1-
7.A.b
Packet Pg. 23 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
Direct expenses are charges and fees not included in Exhibit "B". CITY shall be obligated to
pay only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct
expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of
billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses
necessary to perform the Services, and its duties and obligations, expressed and implied,
contained herein, and CITY expressly relies upon CONSULTANT'S representations and
warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such
Services and duties in conformance to and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well -organized, technically and grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the
coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY'S review, acceptance or payment for any of the Services shall not be construed to operate
as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in
accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent
performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any
and all reasonable times, to audit the books and records (including, but not limited to, invoices,
vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any
and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT
shall maintain for a minimum period of three (3) years (from the date of final payment to
CONSULTANT), or for any longer period required by law, sufficient books and records in
accordance with standard California accounting practices to establish the correctness of all
charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at
the CITY's offices within five (5) business days after CITY's request.
A R u_0 W7_MCZ 1„t 2-
7.A.b
Packet Pg. 24 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONSULTANT and all other written and oral
information developed or received by or for CONSULTANT and all other written and oral
infonnation submitted to CONSULTANT in connection with the perforinance of this Agreement
shall be held confidential by CONSULTANT and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to
an entity not connected with the performance of the such Services. Nothing furnished to
CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally
known to the related industry (other than that which becomes generally known as the result of
CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not
use CITY'S naive or insignia, or distribute publicity pertaining to the services rendered under
this Agreement in any magazine, trade paper, newspaper or other medium without the express
written consent of CITY.
E. NO PLEDGING OF CITY'S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit
of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may
retain and use copies thereof subject to Section V.D of this Exhibit "A".
CITY shall not be limited in any way in its use of said material at any time for any work,
whether or not associated with the City project for which the Services are performed. However,
CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from,
damages resulting from the use of said material for work other than PROJECT, including, but
not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties, and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
7.A.b
Packet Pg. 25 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
H. NOTICES.
Notices are to be sent as follows:
CITY: Faranak Mandavi
City of Gilroy
7351.Rosanna Street
Gilroy, CA 95020
CONSULTANT: Gene Barry
Vice President
2126 Rheem Drive
Pleasanton, CA 94588
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City -adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable
cost for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONSULTANT, to solicit or secure this
Agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other
consideration, contingent upon or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this
Agreement without liability or, at its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
A P 7 F 99F711Q R1,1
4-
7.A.b
Packet Pg. 26 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
EXHIBIT "B"
SCOPE OF SERVICES
A AA F 9997 mci,,1
7.A.b
Packet Pg. 27 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
Attachment B
City of Gilroy First Street Water Line Replacement Project
Scope of Work — 4LEAF, Inc.
4LEAF views this project as having three (3) distinct elements: Pre -Construction, Construction, and Post -
Construction.
Task 1: Pre -Construction Phase
During Pre -Construction, the 4LEAF team will establish immediate and routine contact and
communication with the project's team including the City, the design team, the contractor, and other
interested parties. We will take steps to ensure successful collaborations with each of these entities.
During the Pre -Construction Phase of this project, we have identified the following key tasks:
Task 1A: Biddability and Constructability Review — Upon receipt of the City's notice to proceed (NTP) to
provide CM services for the project, 4LEAF's Project Manager and Construction Manager will hold an initial
meeting with the City in order to compile a list of comments and concerns that the City has received to
date from internal staff and management, the design team, and the public. Using this information, the
4LEAF team wil perform a biddability and constructability (B & C) review of the 95 percent plans,
specifications, and estimate (PS&E) package by analyzing the plans and specifications with respect to
current construction standards and practices and materials used. Examples of specific items to be
reviewed include, but are not limited to, the following:
proposed method of installation of new water piping (cut and cover trenching or horizontal
drilling techniques),
connection collar detail for the tie in of service laterals into new water main piping,
clear pipe penetration detail for connecting a new storm drain line to an existing storm drain
manhole,
review the specifications to ensure it contains include language that ties approval of the
contractor's monthly pay requests to their timely submission of submittals (e.g., 3-week look
ahead schedules) throughout the project,
ensure the specifications include requirements forthe contractor properly disinfects, flushes, and
tests all new water mains and laterals in accordance with American Water Works Association
AWWA) and City of Gilroy standards.
The team will also determine if any additional standards, details, or clarifying construction notes should
be added, modified, or removed. We understand that the City is currently revising their standard details,
so it will be particularly important to review these revised details for accuracy and consistency in the 95
percent complete plans and any references in the project specifications. Once our draft B & C review is
complete, 4LEAF's Project Manager and Construction Manager will hold subsequent meetings, as
necessary, with the City to review the 4LEAF team's B & C review comments in order to confirm that all
comments are in line with the City's vision for the project prior to sending the comments to the designer
of record for incorporation into the contract documents.
Task 113: Perform Pre -Construction Project Site Condition Inspection — Using digital and/or video
cameras, the 4LEAF team will record the existing conditions of the project site and area(s) of new
construction before the contractor starts work, during construction, and then again at the completion of
construction activities. This documentation will be a useful tool in identifying and/or assigning ownership
of any damage to existing City- or privately -owned facilities once work begins. We recommend that the
Page 1 of 7
7.A.b
Packet Pg. 28 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
contractor perform the same documentation (if it isn't already a contract requirement) in order to
adequately protect the City and themselves from outside influences on the areas that they will be
performing their work.
Task 1C: Assist the City with Contractor Procurement — The 4LEAF team will provide as -requested
assistance to the City with the procurement process in identifying, interviewing, and selecting a contractor
to construct the project in accordance with the project's plans and specifications. As requested, these
services will include the following components:
work with City staff to identify the procurement method to be utilized,
assist the City with preparing and posting the public notice for the project solicitation including
providing copies of the 100 percent complete plans and specifications,
coordinate and hold the contractor pre -bid proposal meeting and site visit,
review and evaluate contractor bids/proposals and assist the City with contract award
recommendation,
perform bid opening and notify successful bidder,
assist the City with contract negotiations and contract award signing.
Task 113: Pre -Construction Meeting —The 4LEAF team will conduct a pre -construction conference with
the project team including City staff, the design team, the contractor and subcontractors, the materials
testing laboratory's project manager, and representatives from various underground utilities. Topics to
be discussed at the pre -construction meeting typically include:
performing introductions and identifying roles/responsibilities. Circulate sign -in sheet for
completing names, company names, phone numbers, fax numbers, and e-mail addresses of all
attendees for use in generating project contact list,
status of notifications made to underground utilities and protocols for submitting notices to
Underground Service Alert (USA),
scheduling and staging including where contractor may stage equipment and materials during the
project,
reviewing the status of any access agreements or right of way permits and identifying the
responsible party(s) for completing if necessary,
discussing allowable work hours and procedures for public work notices and discuss any signage
that will need to be installed along the project route,
discussing the contractor's Baseline Schedule (note that 4LEAF will require that the contractor
provide a copy of the Baseline Schedule several days prior to the pre -construction meeting so that
it can be reviewed in advance of the meeting),
discussing required contractor submittals including [traffic control plan, storm water pollution
prevention plan (SWPPP), contractor work plan (including their proposed phasing of the project,
excavation and shoring plan, equipment and materials to be used, etc.)],
discussing procedures for submitting and approving contractor pay requests and anticipated
dates pay requests are typically paid by the City (e.g. 2"d Tuesday of every month, etc.)
discussing health and safety protocols and expectations,
discussing process for submitting RFIs, change orders, submittals, etc.
Task 1E: Review Contractor Submittals — The contractor will be required to prepare detailed submittal
items [such as phased traffic control plans, baseline schedule, a SWPPP, a work plan including an
excavation and shoring plan, etc.] prior to the start of construction and submitted through the City's
Page 2 of 7
7.A.b
Packet Pg. 29 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
chosen cloud -based Document Control System, Procore. 4LEAF's part-time Construction Manager will
evaluate each submittal and assign to the applicable project participant (e.g. City staff or Design Engineer)
for their review and approval. If a submittal has to be reviewed and approved by the designer of record,
our review prior to forwarding it to the designer of record will provide a "sanity check" of the submittal
before the designer spends time reviewing the submittal. This will streamline the submittal process for
all parties, preventing the designer of record from wasting their time reviewing a submittal that may not
meet contract requirements. The submittal log generated by Procore will be tracked and status will be
updated at each weekly progress meeting with "Ball in Court" status indicating whose action is required
to move the submittal process along as efficiently as possible. These procedures will be followed for the
request for information (RFI) process as well.
Task 2: Construction Phase
From day 1, the 4LEAF team will run an efficient, quality project that exceeds the expectations of the City.
Our part-time Construction Manager will actively lead our on -site construction inspector and materials
testing subcontractor; and will ensure that all contracts, submittals, permits, etc. are in place before work
commences, and that each member of our team is ready to get to work building your project. During the
Construction Phase of this project, we have identified the following items that are key:
Task 2A: QSD/QSP Water Quality Monitoring and SWPPP Support — 4LEAF recommends that the
specifications require that the contractor is tasked with preparing the SWPPP and performing all of the
required inspections for the project. 4LEAF's Qualified SWPPP Developer (QSD) will review the
contractor's SWPPP submittal prior to it being submitted to the California State Water Resources Control
Board (Water Board) to obtain coverage under the Construction General Permit for Storm Water
Discharges (General Permit). We also recommend that the specifications require that the contractor act
as the project's QSP and perform all Permit -required inspections for the project. 4LEAF will provide a
third set of eyes" on the project to confirm the contractor's QSP is performing daily site inspections of
the installed best management practices (BMPs) employed at the site and report any BMPs that are in
poor repair or other deficiencies to the contractor's QSP. We will also monitor weather forecasts on a
daily basis to provide additional warning for the QSP of any upcoming "qualifying rain events" so team
members have time to verify that all BPMs are in place and in good repair before, during, and after rain
events as will be required by the SWPPP (and depending on the Risk Level determination for the project,
e.g. Risk Level 1 or 2). Our proactive approach will provide added assurance to the City that storm water
issues are being properly monitored, documented, and maintained throughout the project.
Task 213: Construction Management, Field Inspection, and Quality Assurance — 4LEAF's on -site staff will
observe and monitor the progress on the work in accordance with the plans, specifications, and contract
documents and in alignment with the construction schedule; including work that affects the SWPPP.
Progress photos will be taken and daily inspection reports will be prepared using the report format
required or requested by the City. The information on the daily reports will include but not be limited to:
weather, shift hours, traffic controls that are in place (both vehicular and pedestrian), SWPPP erosion
control measure conditions, work activities, labor and equipment hours, work complete, quantities, and
other related information and discussions. If the City would like, we will also prepare monthly summary
reports that would include photos and a narrative of each major item of work completed during the
month; including open issues, upcoming work, and a snapshot of the work progress at the end of each
month by percent of budget spent and percent of working days used.
4LEAF's part-time Construction Manager will complete Weekly Statement of Working Days (WSWD)
reports each week providing a snapshot of the project progress including contract time elapsed, weather
Page 3 of 7
7.A.b
Packet Pg. 30 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
conditions, working and non -working days counted for the week, time extensions, computation of current
Estimated Completion Date (ECD), and controlling operations progress made for the week. As controlling
operations are performed, 4LEAF's inspector will collect certificates of compliance, AC weight tags,
concrete batch tags, and bills of lading for materials delivered to the site. Our Construction Inspector will
then compare these documents to the approved submittals before allowing the materials to be used on
the project. Although the 4LEAF team would not be contracted to be the project safety officers; we would
make the contractor aware of any unsafe condition that we notice on the job site throughout the life of
the project. The 4LEAF team will coordinate with City departments (i.e., traffic signal technicians for
possible signal modifications that may be necessary for traffic control plan implementation; water
department for necessary service shutdowns; etc.). The 4LEAF team is prepared to provide personnel for
daytime and/or night work as the limitations to service disruptions dictate. 4LEAF recommends that
document control follow the Caltrans Local Assistance Procedures Manual (LAPM) since First Street is a
Caltrans roadway.
4LEAF will do a thorough review of the contractor's monthly progress payment requests to ensure the
City is only making payments for work completed each month. This will include measuring and calculating
each bid item pay quantity on a Caltrans Form CEM-4801 Quantity Data Sheet. The monthly
measurements and calculations will come from the quantities measured and reported on the inspector
daily reports. Before the start of construction, 4LEAF and the contractor will develop a procedure that is
acceptable to the City for submitting and reviewing monthly progress payments and the final payment.
We will review the contractor's schedule of values for bid items and segregate them into a form that is
acceptable to the City for reimbursement. Both 4LEAF's part-time Construction Manager and Cfull-time
Construction Inspector will review the contractor's payment requests and will compare them to the
quantities calculated and measured on the Quantity Data Sheets. If payment for materials on hand is
allowed in this contract, we will verify the materials on the job site, or coordinate with the contractor for
source verification at the time of the payment request.
After 4LEAF and the contractor agree on the monthly progress payment amount, 4LEAF's part-time
Construction Manager will prepare the final progress payment request using the form and procedure
previously approved by the City (showing work completed each month, work completed to date,
percentage complete for each item, and any applicable deductions to the net payment) for approval and
execution by the City. Additionally, 4LEAF will provide a project progress summary in the monthly status
report. This summary will include percent of budget spent and percent of working days used.
Traffic Control
Traffic control will be a key issue in maintaining safe conditions on the project and keeping positive
relations with the public. For most of the project between Santa Teresa and Princevalle Street, there are
two lanes in each direction and an open center median that the contractor can use to divert westbound
traffic. Located further west at the intersection with Princevalle Street, First Street narrows down to one
lane in each direction with a shared open median. In addition, Miller Park is on the south side of the street
just west of Princevalle Street with street parking on either side of First Street for the rest of the project.
In the westbound direction, First Street begins to narrow as it approaches Monterey Street, but the
contractor will be able to keep one lane open in each direction at all times, paying particular attention to
keeping access into business driveways open at all times.
4LEAF's Construction Inspector will coordinate with the property and business owners along the project
route as well as the contractor so that any work along driveway entrances to businesses and roadway
intersections are scheduled and performed at times that will minimize impacts to these businesses and
Page 4 of 7
7.A.b
Packet Pg. 31 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
public traffic. Our staff will not only provide sufficient notification to property owners and businesses of
upcoming work and the work hours but will also ensure the contractor performs the work when
scheduled.
4LEAF's Construction Inspector will continuously monitor the contractor's traffic control measures and
ensure they are in place before the start of each work day, maintained throughout the work day, and in
place at the end of each work day. This will include ensuring the contractor provides all the required
notification signage and the appropriate number of flagmen. If necessary, 4LEAF will request police patrol
to enforce safe traffic speeds during construction throughout the project limits. 4LEAF is currently
providing CM and inspection services for the heavily -travelled Geary Road in Walnut Creek. At the
beginning of the Geary Road project, our inspector met with the Walnut Creek Police Department to
provide added police presence along the project limits and police have been present along the length of
project issuing moving violation and speeding tickets almost daily.
Task 2C: Special Inspection and Materials Testing — 4LEAF's Construction Inspector will coordinate and
schedule special inspections and materials testing with our materials testing and special inspections
subconsultant, Construction Testing Services (CTS). 4LEAF and CTS have teamed up on more than 150
projects over our history including projects varying from infrastructure to site work, universities 'to
hospitals, and hotels to parking garages. These inspections will be conducted per the City's Quality
Assurance Plan, Caltrans Standard Specifications, and additional project specific quality assurance
requirements. These tests will include but not be limited to: trench backfill compaction,
roadway/pavement structural section compaction, rebar inspection, concrete sampling, and asphalt
concrete sampling. 4LEAF will receive documentation for all tests, including retests, and observe and
document the testing. We will notify the contractor immediately of any non -compliant test results.
Task 2D: Construction Meetings — 4LEAF's part-time Construction Manager will schedule, write the
agendas for, chair, and provide minutes for all meetings including the weekly progress meetings, periodic
meetings with the City, as well as any additional meetings with utilities, the public, etc. that may be
necessary to successfully complete the project.
The weekly progress meeting will be used to review the contractor's 3-week look ahead schedule
highlighting critical project activities, operations, and necessary coordination), open issues, status of
submittals, status of open RFls, deficient work, SWPPP concerns, and safety concerns.
Task 2E: Schedule Management - The 4LEAF team will review the contractor's baseline schedule to
ensure all the controlling operation's durations, critical path, and order of work follow a logical sequence
to the project completion. We will then monitor the contractor's progress throughout the project and
compare it to their baseline schedule so we can identify any deviations of the contract completion date
as soon as possible; therefore, giving the contractor ample time to develop and present their plan on
getting the project back on schedule.
If schedule slippage occurs, we will meet with the Contractor to discuss ways in which to accelerate other
portions of work. Another way to accommodate slippage in the schedule is to re -sequence work in order
to make up for lost time.
Task 2F: Public Relations-4LEAF will foster a team approach with the City, its Public Relations consultant,
and the General Contractor to provide adequate notification to the public and business owners of water
Page 5 of 7
7.A.b
Packet Pg. 32 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
service shut -offs, driveway closures, and road and pedestrian pathway closures. Starting with the pre -
construction meeting and continuing through the weekly progress meetings, we will plan for and create
notification protocols to ensure maximum lead time for public notifications of controlling operations that
will directly impact the public and businesses.
Task 2G: Contract Modifications, Extra Work, Change Orders, and Claims — 4LEAF will meet with the City
to discuss utilizing any existing City change order tracking systems that are currently in place as well as
suggest protocols for use on the project. Using Caltrans standards, 4LEAF will provide the City with
assurance that the contractor is not presenting requests for change orders that are already included in
the original scope of the contract. Our part-time Construction Manager and/or full-time Construction
Inspector will meet face-to-face with the contractor's representative to gather more information on the
nature of the potential change order. Quite often, a contractor only has a general knowledge of the plans
and specifications and an item they feel is a change order may indeed be part of the plans and
specifications that they were not aware of. We will ensure all potential changes and extra work requests
to the contract have been reviewed and evaluated for cost and times impacts, and properly justify a
response to the contractor. 4LEAF's part-time Construction Manager will review requests for change
orders and extra work requests from the contractor for contractual and technical merit prepare
independent cost estimates and schedule analysis for the proposed work, if directed by the City, 4LEAF
can negotiate change orders on behalf of the City and prepare all required documents for execution by
the City and the contractor. 4LEAF's part-time Construction Manager will keep the City informed of the
cumulative cost and time impacts to the contract through a CCO log that will be updated upon execution
of each change order. 4LEAF will take no action without the review and approval of the City.
We pride ourselves on maintaining positive working relationships with the contractors that we work with,
resulting in addressing most issues early enough to avoid potential claims. There will be times, however,
that mutual agreements on issue resolution cannot be achieved. At that point the contractor may issue
a Notice of Potential Claim. If we become aware of a potential claim, 4LEAF will require the contractor to
submit documentation supporting the claimed delay (including a time -impact analysis).
The 4LEAF team will compare the contractor's initial baseline schedule, revised schedules, actual time of
work activity, the contractor's operational efficiencies, and the inspector's daily reports to determine the
source and contractual responsibility for all delay claims. If the analysis results in a resolution that favors
the contractor's stance on the issue, a CCO will be recommended. If this action does not adequately
resolve the potential claim, 4LEAF's Construction Manager will generate and compile all backup data,
copies of reports and correspondence that pertain to the Notice of Potential Claim on the issue. We will
include this backup data in a claim settlement report package in case the contractor goes through a claim
on the unresolved issue. All such packages will be forwarded to the City with a cover letter with the facts
as 4LEAF sees them and recommended actions, if any. A log of Notices of, Potential Claims will be prepared
and updated for discussion at regular City meetings and/or weekly progress meetings. We will work with
the contractor on every unresolved issue throughout the life of the project with the goal of coming to a
mutually agreeable resolution with the contractor prior to it escalating to higher levels of management.
Task 3: Post -Construction Phase
In order to obtain final completion and acceptance, the post -construction phase includes three distinct
closeout elements: physical closeout, document closeout, and fiscal closeout.
Task 3A: Final Inspections — Our Construction Inspector will be proactive in developing and maintaining
a project punch list and maintaining a set of accurate as -built drawings during construction to compare
Page 6 of 7
7.A.b
Packet Pg. 33 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
with the set of record drawings that will be maintained by the contractor. In our experience, contractors
are much more willing to complete punch list items if they are made aware of them early.
After all of the work is substantially complete, the 4LEAF team will walk the job site with the City,
contractor(s), and Caltrans (if required) in order to generate a punchlist. After all contract related punch
list items are complete and beneficial uses of the improvements are achieved, 4LEAF's Construction
Inspector will issue a Notice of Substantial Completion to the City and the tracking of working days will
cease. Once all extra work and all punch list items are complete, 4LEAF's Construction Manager will issue
a Notice of Final Completion. Items may be placed on the punch list up untilthe Notice of Final Completion
is issued. 4LEAF's Construction Inspector will also confirm all as -built conditions on the plans prior to the
contractor sending their completed as -built drawings to the designer of record for compilation of the final
as -built record drawings.
Task 313: Contract Close-out — 4LEAF's part-time Construction Manager will work with our Construction
Inspector to assemble and transfer the contract files to the City when the contract is complete.
Documents typically include correspondence, CO's, Change Notices, RFIs, submittals, and claims. 4LEAF's
Construction Manager will perform an on -going verification of the files throughout the duration of the
project to ensure that complete files are transferred to the City at closeout.
Contract administration, accounting, and financial functions are coordinated with physical closeout
functions to ensure that no outstanding financial liability is present after the final payments and/or
retentions are made to the contractor.
Additional components of the fiscal closeout system that require simultaneous review and cross checking
include: the submittal log, the RFI log, the record drawings, and punch lists. These will be reviewed and
inspected to ensure that the final payment to the contractor does not leave any financial liability to the
City.
Page 7 of 7
7.A.b
Packet Pg. 34 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
EXHIBIT "C"
MILESTONE SCHEDULE
nazV_')')aznzal„l
1-
7.A.b
Packet Pg. 35 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
MILESTONE SCHEDULE
ALL DATES ARE TENTATIVE)
MILESTONE DESCRIPTION
CONSTRUCTION PHASE
CONSTRUCTION MANAGEMENT, FIELD INSPECTION, AND
QUALITY ASSU RANCE
SPECIAL INSPECTION AND MATERIALS TESTING
SUBCONSULTANT - CTS)
CONSTRUCTION MEETINGS
SCHEDULE MANAGEMENT
AS -NEEDED PUBLIC RELATIONS SUPPORT
CONTRACT MODIFICATIONS, EXTRA WORK, CHANGE ORDERS,
AND CLAIMS SUPPORT
DATES
DECEMBER 2018-JANUARY 2019
7.A.b
Packet Pg. 36 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
EXHIBIT "D"
PAYMENT SCHEDULE
4835-2267-0361v1
LAC\04706083
7.A.b
Packet Pg. 37 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
Attachment D
4LEAF. I.- Interim Budget Request to Continue Performingg9 g
Construction Management and Inspection Services for the City of Gilroy
First Street Water Line Improvement Project
REVISED December 5, 2018)
i
e ~
0
a
x° `w
Sub —
Task Task Task Description a. uo u a u 1 19 Notes
Hourly Rate $185 I $150 $137 $185 $79 I I See Notes (a) and (b).
1 Preconstmctlon Phase Hours Hours Hours Hours Hours Hours i
1A Biddability and Constructability Review, 0 0 0 0 0 0 I $0
lB Perform Pre -Construction Project5ite Condition Inspection. 0 0 0 0 0 0 $0
1C Assist the City with Contractor Procurement. 0 0 0 0 0 0 $0
10 Prepare for and Attend Pre -Construction Meeting. 0 0 0 0 0 0 $0
1E Review Contractor Submittals. 0 a 0 0 0 D $0
Task l subtotal: 0 0 0 0 0 0 $0
2 Construction Phase Hours Hours Hours Hours Hours Hours
2A QSD/QSP Water Quality Monitoring and SWPPP Support. 0 0 0 0 0 0 $0
28 Construction Management, Field Inspection, and Quality Assurance. 0 160 312 78 0 550 $81,170 See Note (c)
2C Special Inspections and Materials Testing (CTS). MMM $8,000 See Note (d)
Administrative Processing Fee (10°,6) far Subconsultant Invoices (CTS). $800
2D Construction Meetings. 0 0 0 0 0 0 I $0 ISee Note (e)
2E Schedule Management. 0 0 0 a 0 0 I 50 Isee Note (e)
2F Public Relations. 0 0 0 0 0 I 0 i $0 See Nate (f)
2G Contact Modifications, Extra Work, Change Orders, and Claims. 0 0 0 0 0 I 0 $0 See Note (d)
Task 25ubtotak 0 160 312 78 0 550 $89,970
3 Past Canstructioa Phase Hours Hours Hours Hours Hours
3a Final Inspections and Provide Red -lined Set of Plans to Design Team. 0 0 0 0 0 0 $0
31b Contract Close-out. 0 0 0 0 0 0 $0
3c Project Management. 0 0 0 0 0 0 $0
Task 3 Subtotal:) 0 0 0 0 0 0 $0
Totals:
I
0 160 312 78 0 S50 I $89,970 See Note (g)
Notes:
a) Assumes project requires compliance with California Prevailing Wage rate requirements under 58 854, and the Citywill be required to file a PWC-100 Form to the California Department of Industria Relations
for the project. b)
Perthe new requirements being enforced under SB 854 and because it is assumed that a PWC-100 Form will be filed by the Cityto the CA DIR, 4LEAF is required to natify an authorized Apprenticeship Committee
through submittal of a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship Committee for an apprentice by submitting a OAS-142 form. We are not assured
the apprenticeship committee will be able to provide a suitable / qualified apprentice forthe project. Per the apprenticeship requirements, the hours worked by the apprentice must be in a ratio of 1:
5 forapprentice tojourneyman hours. Hours are included as a placeholder in the event that an apprenticeship for a public works inspector is required and dispatched by the apprenticeship committee. c)
Per a conversation with Franak Mandavi with the City of Gilroy on 10/11/18 and a follow-up call on 1215/18, 4LEAF will submit an interum budget request for anticipated hours for December 3, 2018 through
January 31, 2019 because the Amendment No. 1 signed by 4LEAF on April 16, 2018 to extend the Contract end date was not executed by the City. This revised estimate now assumes (1) part-time CM
for-8 weeks at 20 hrs/wk and (I)full-time Inspectorfor 39 working days (number of working days based on information provided by Caltrans, no work will be allowed between December 21 and 26, 2018 and
accounting for no work on Christmas Day and New Years Day) at 8 hrs/day at regular time and 2 hrs/day at OT rate. Does not include any allowance for night, weekend, or holiday work. If night, weekend,
or holiday work is necessary, the hours will be billed at the requirements under California Prevailing Wage Law requirements. 4LEAF will provide a separate estimate for completing the project between
February 1, 2019 and project completion (currently project in June 2019). d)
For budgetary purposes, we have included a budgetary placeholder amount of $8,006 for special inspections that may be required during the period of December 2018 to Janaury 2019. e)
Hours for this task are included in subtask 2B "Construction Management, Field Inspection, and Quality Assurance". f)
Assumes TRCwill be responsible for costs related reproduction of public information flyers and notices priorto and during the project. g)
4LEAF staff will be supplied with typical tools of the trade to perform their daily tasks (e.g. cell phone, laptop computer, and PPE). Assumes City will provide office space for CM and Inspector to finalize daily
reports and other project paperwork. 1
of
7.A.b
Packet Pg. 38 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
CONSTRUCTION
TESTING SERVICES
DATE: 09/26/18
PROPOSAL No.: P10260
CLIENT: 4LEAF, INC.
PROJECT: WATER MAIN REPLACEMENT PROJECT
LOCATION: GII.ROY, CA
ITEM: I
ONSITE TESTING & INSPECTIONS
UTILITY TRENCH BACKFILL
PAVEMENTBASEROCK
ASPHALT COMPACTION
PORTAL TO PORTAL TRAVEL TIME FOR NUCLEAR GAUGE TRANSPORT
PORTAL TO PORTAL MILEAGE FOR NUCLEAR GAUGE TRANSPORT
I
I
ITEM: II
LABORATORY TESTING & ENGINEERING
ICOMPACTION CURVE
I WET DENSITY (CT 216 FOR ROADWAY AB)
SIEVE ANALYSIS, COARSE
SIEVE ANALYSIS, FINE+ WASH
SAND EQUIVALENT
IDURABILITY INDEX, COARSE
IDURABILITY INDEX, FINE
IRESISTANCE "R" VALUE
IHMA ACCEPTANCE TESTING
AGGREGATE GRADATION (ASSUME COLD FEED)
ISAND EQUIVALENT
IASPHALT BINDER CONTENT
ASPHALT BINDER CONTENT CORRECTION FACTOR
IHMA MOISTURE CONTENT
IPERCENT MAX THEORETICAL DENSITY
I STABILOMETER
SPECIFIC GRAVITY OF CORE (PROVIDED BY CONTRACTOR)
AIR VOID CONTENT
IPERCENT CRUSHED PARTICLES
ILA RATTLER
IFINE AGG ANGULARITY
IFLAT AND ELONGATED PARTICLES
IVOIDS FILLED WITH ASPHALT
I V OIDS IN MINERAL AGGREGATE
DUST PROPORTION
ISAMPLE PICK-UPS
ICERTIFIED PAYROLL
IFINAL LETTER
ENGINEERING REPORTING OF HMA
I
I
PRELIMINARY ESTIMATE: INSPECTIONS G TESTING
ESTIMATED I ESTIMATEDD UNIT IMHOURSIPRICEIESTIMATED
29 4 92 10,672
3 4 92 1,104
3 8 92 2,208
35 2.5 92 8,050
35 122 0.54 2,306
Preliminary Sub -Total of On -Site Testing & Inspection: (approx) $24,340
ESTIMATED UNIT ESTIMATED
UNITSMOURS PRICE TOTAL
355 $355
405 $1,215
155 $155
255 $255
180 $180
280 $280
280 $280
405 $405
3 $155 465
3 $180 540
3 $280 840
I $280 280
3 $255 765
3 $280 840
3 $255 765
3 $180 540
3 $255 765
3 $255 765
3 $355 1,065
3 $255 765
3 $255 765
3 $255 765
3 $255 765
3 $180 540
56 $16 896
2 $163 326
1 $300 300
3 $155 465
Preliminary Sub -Total of Laboratory Testing & Engineering (approx) $16,342
if unrk is performed at night a 12.546 differential frill be charged.
A 7% project adnantstration fee ivill be charged monthly per invoice.
No contingency is budgeted by CTSfor uncontrollable overtime, union ar p—.11hug tinge increases and unforeseen requirements that may arise in the
specifications, as well ns for work over the erttneted hams. Owner should budget appropriate animal for budgetary purposes,
Fstlmate based on Prelindanty Not for Constriction Plans by Nh5 dated October 10, 2014 and City RFP. No construction schedule was mailable at the nine this estimate ryas prepared. Sec nuached fee schedule fi- basis ofcharges.
Durations based on estimated production of300 linealfeet offrench per day during normal working hours.
additional lab testing (aggregate and 11A1.-1) inay be required for acceptance testing ofPA14 within CaltransROM PAL(
acceptance Testing based on Section 39 for Standard process based on test results representing 750 tons production or 1 dais production. whichever is less. Estunnte
includes portal to portal trmel time for nuclear gmtge transport frmn laboratory per requirements ofthe C4 Radiological Health Branch. The
liability of Construction Testing Services (CTS) is limited to CTS's contract value.
7.A.b
Packet Pg. 39 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
INSPECTING
CONSTRUCTION TESTING
TESTING SERVICES
ENGINEERING
2018 FEE SCHEDULE - P10260 9126118
PERSONNEL FEES AND BASIS OF CHARGES
INSPECTIONS, ENGINEERING & SPECIAL SERVICES
Standard Discounted
FIELD INSPECTION AND LABORATORY SERVICE Rate/Hour Rate/Hour
Steel 218.00
Nondestructive- UT, MT, PT 223.00
Steel Visual/UT Combination 223.00
Concrete ACI 218.00
Concrete ICC 218.00
Masonry 218.00
Fireproofing 218.00
Soil Technician w/Nuclear Gauge and/or Sand Cone (portal-to-portal) 240.0 92.00
Asphalt Technician (portal-to-portal) 248.ag 92.00
Shoring/Soldier Piers 218.00
Roofing & Waterproofing 218.00
Multi -Disciplined Inspector 218.00
Inspector Requiring G1 Pay Grade 253.00
Specialty Inspector or Where Formal Certification is Required 218.00
Field Inspectorwith Special Enhancement 218.00
Laboratory Technician 218.00
Technician Typist 218.00
PROFESSIONAL ENGINEERING SERVICES
Principal Engineer (Civil/Structural) 353.00
Geotechnical Engineer 303.00
Consulting Engineer (Civil/Structural) 273.00
Associate Engineer, Licensed 248.00
Project Manager 218.00
Staff Engineer 9 155.00
Field Supervision 193.00
ASNT Level III 208.00
Drafting 153.00
Quality Control Manager QOR
SPECIAL SERVICES
Portable and Mobile Laboratories, NDT and Soils QOR
Epoxy Bolt/Expansion Anchor- Installation Observation 218.00
Epoxy BoIVExpansion Anchor Proof Load Testing (portal-to-portal) 218.00
Coring, 1 Person (including equipment) (portal-to-portal) 278.00
Coring, 2 Persons (including equipment) (portal-to-portal) 443,00
Asphalt Coring (portal-to-portal) 303.00
Project Research QOR
Ultrasonic Testing for Non -Metallic Materials QOR
Pavement Rehabilitation Analysis Using Deflections QOR
Roof Moisture Survey QOR
Soil Drilling Equipment QOR
Geotechnical Site Investigations/Foundation Reports QOR
Pachometer, Schmidt Hammer, Windsor Probe, Skidmore - Equipment Fee $115/Day (portal-to-portal) 288.00
Floor Flatness Testing FF/FL - Equipment Fee $115/Day (portal-to-portal) 288.00
Measuring Moisture Vapor Emission Rate (Calcium Chloride) - $55/Kit (portal-to-portal) ASTM F1869 288.00
Relative Humidity Testing - $75/Kit (portal-to-portal) ASTM F2170 288.00
Ferroscan - Equipment Fee $115/day (portal-to-portal) 288.00
GPR - Equipment Fee $115/day (portal-to-portal) 343.00
Administration, Secretarial, Special Projects, Notary, Certified Payroll 163.00
Concrete/Grout/Mortar Mix Design Review (less than 48 hours notice - $500) 345.00
Welding Procedure Review (less than 48 hours notice - $500) 345.00
Welder Qualification Test 233.00
DSA Interim Reports 178.00
Geotechnical Pad Letter (less than 48 hours notice - $550) 345.00
Final Letter (less than 48 hours notice - $550) 345.00 $300.00
EXPERT WITNESS TESTIMONY
Court appearance, per day 2,420.00
Court appearance, per half day 1,210.00
Field inspection and laboratory technician services will be billed in accordance with minimums shown on Basis of Charges.
Professional engineering services will be billed in two hour increments.
All fees subject to Basis of CI-ges
7.A.b
Packet Pg. 40 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
CONSTRUCTION
TESTING SERVICES
GENERAL
BASIS OF CHARGES
INSPECTING
TESTING
ENGINEERING
Fees for tests and inspection include cost of technician, normal equipment and regular reports. Engineering services will be charged at applicable rates and will require travel and
mileage charges for equipment transport and storage per code (portal to portal) from the nearest CTS laboratory. Soils testing with nuclear gauge and/or sand cone equipment and
inspections requiring equipment will require applicable travel and mileage charges for equipment transport and storage per code (portal-to-portal) from the nearest CTS laboratory.
Fees for special projects, services overseas, or elsewhere in the United States, will be quoted on request. With prior notification to Client; charges are subject to change at any
time. Construction Testing Services reserves the right to adjust the rates quoted in this contract based upon any Union or prevailing wage increases and/or changes in any industry
requirements.
MINIMUM HOURLY CHARGES —INSPECTION
Technician personnel and the following minimum charges are contractual commitment:
One-half day or less 4 Hours
Over one-half day 8 Hours
Show -up time (less than 2 hours notice = 4 hour charge) 2 Hours
WORKING HOURS AND PREMIUM TIME
Regular workday is the first 8 hours between 6:00 am and 6:00 pm Monday through Friday. Premium time is as follows:
Overtime, Weekdays and Saturdays (first 8 hours) 1.5 x quoted hourly rate
Overtime Saturdays (over 8 hours) and Sundays (first 8 hours) 2 x quoted hourly rate
Overtime Sundays (over 8 hours) and Holidays 3 x quoted hourly rate
Shift differential, swing and graveyard -
Work performed between 2:00 pm and 4:00 am)
MISCELLANEOUS CHARGES - Only Where Applicable
Notary Services Fee
Facsimile Charges. Plus $1.00/page (n/c for cover page)
Wireless Router/Data Card for Jobsite Internet
Pad Monthly Rental Fee
Electronic Reporting Fees/Subscriptions (PlanGrid, BIM, etc.)
Parking Fees
Air Travel
Outside Services
Subsistence (per union contract)
Mileage
Sample Pickup
Weekend Sample Pickup
Project Administration
Samples Made by Others: Concrete Cylinders
Samples Made by Others: All Other Tests
Laboratory Sample Witness Fee
Laboratory Sample Storage Fee (per sample)
EZ Cure Boxes (Thermostatically Controlled Curing Boxes)
Returned Check Fee
12.5%/hour additional to base or quoted rate.
40.00/each
7.00/minimum
135.00/day
100.00/month
At Cost
At Cost
Cost Plus 10 %
Cost Plus 20%
130.00/day
Standard Federal Rate
105.00/each
130 + Test
55.00 + Test
130.00
120.00
QOR
150.00
16.00/each
7 % of Monthly Invoice
TESTS
Testing fees shown include normal time for performing test. Samples requiring special preparation will be charged at the laboratory technician rate. Fees for tests not listed will be
quoted upon request. There will be a minimum charge of $100.00 for any engineering report. Please note some tests maybe tested by subconsultants. Samples delivered to the
laboratory after 3:00pm or samples needing results within 24 hours will incur a 50% mark-up.
INSURANCE
The liability of Construction Testing Services (CTS) is limited to CTS's contract value.
PAYMENT
Invoices will be submitted monthly or bimonthly for services performed during the preceding month and are payable on receipt. Interest of 1.5 % per month (but not exceeding the
maximum rate allowable by law) will be payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principle unpaid
amount. Attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by client. Visa, MasterCard and American Express payments are accepted
however fees will apply. Visa and MasterCard payments require an additional 3% on top of the amount of the invoice being paid. American Express payments require an additional
4% on top of the amount of the invoice being paid.
AOfees subject to Basis of Charges
7.A.b
Packet Pg. 41 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
CONSTRUCTION
TESTING SERVICES
CONCRETE AND MASONRY TESTS
CONCRETE
Compressive Strength of Cylindrical Concrete Specimens (6x12)
Compressive Strength of Cylindrical Concrete Specimens (4x8)
Compressive Strength of Cylindrical Concrete Specimens (Over 8000 PSI)
Cylinder molds. 6" x 12" and 4" x 8"
Compressive Strength of Lightweight Insulating Concrete
Obtaining and Testing Sawed Beams and Drilled Cores of Concrete (Cores)
Flexural Toughness of Fiber Reinforced Concrete (Round Panel)
Flexural Strength of Concrete (Using Simple Beam with Third -Point Loading)
Flex Beams per Caltrans Test Methods
Length Change of Hardened Hydraulic -Cement Mortar and Concrete (Shrinkage, 1 Sample)
Shotcrete Nozzleman Qualification Letter (Per Nozzleman, Per Position)
Shotcrete Pre -Qualification Cores (Compression and Visual)
Shotcrete Production Cores
Coefficient of Thermal Expansion
Determining Density of Structural Lightweight Concrete (Cylinders)
Standard Specification for Concrete Made by Volumetric Botching and Mixing
Cement Quality Sampling
Physical Testing of Gypsum, Gypsum Plasters and Gypsum Concrete
Splitting Tensile Strength of Cylindrical Concrete Specimens
Static Modulus of Elasticity and Poisson's Ratio of Concrete in Compression
Grab Sample, Sealing and Storing in a Humidity and Temperature Controlled Room
Density of Hydraulic Cement
Testing of Controlled Low Strength Material (CLSM) Test Cylinders
GFRC Pull Test
GFRC Flexural Test
Foaming Agents for Use in Producing Cellular Concrete Using Preformed Foam (Cell -Crete)
MASONRY
Compressive Testing of Grout (Masonry)
Compressive Strength of Hydraulic Cement Mortars Using 2" Cube Specimens
Compressive Strength of Masonry Prisms
Testing Concrete Masonry Units and Related Units (Core Compression)
Compressive Strength of Molded Masonry Mortar Cylinders and Cubes (2" Sample)
Testing Concrete Masonry Units (CMU) and Related Units (Full Unit)
Linear Drying Shrinkage of Concrete Masonry Units (Per Unit)
Masonry Core Shear Testing
Testing Concrete Masonry Units (Absorption, Moisture Content, Unit Weight)
Brick and Clay Tile (modulus of rupture, compression, saturation coefficient, suction rate,
efflorescence)`
Mortar Molds. 2" x 4". Single Use
Mortar or Grout, Stored and Cured, Not Tested (Including Mold)
AGGREGATES (SOILS AND CONCRETE)
Determining Sieve Analysis of Fine and Coarse Aggregates (Coarse Only)
Sieve Analysis of Fine and Coarse Aggregates (Fine Only)
Sieve Analysis of Fine and Coarse Aggregates (Wash Included)
Sieve Analysis of Fine and Coarse Aggregates (200 Wash Only)
Evaluating Cleanness of Coarse Aggregate
Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate
Unit Weight of Aggregate
Clay Lumps and Friable Particles in Aggregates
Flat Particles, Elongated Particles or Flat and Elongated Particles in Coarse Aggregate
Organic Impurities in Fine Aggregates for Concrete
Density, Relative Density(Specific Gravity), and Absorption of Coarse Aggregate
Density, Relative Density(Specific Gravity), and Absorption of Fine Aggregate
Resistance to Degradation of Small Size Coarse Aggregate by Abrasion and Impact in the Los
Angeles Machine
Percentage of Crushed Particles/Standard Test Method for Determining the Percentage of Fractured
Particles in Coarse Aggregate
Uncompacted Void Content of Fine Aggregate (as Influenced by Particle Shape, Surface Texture,
and Grading)
Sand Equivalent Value of Soils and Fine Aggregate
Durability Index (Fine)
Durability Index (Coarse)
Durability Index (Fine and Coarse)
Lightweight Particles in Aggregate
Resistance of Rock to Wetting and Drying
Unusual sample preparation for brick specimen will be charged at the established hourly rate.
ASTM C39
ASTM C39
ASTM C39
ASTM C470
ASTM C495
ASTM C42
ASTM C1550
ASTM C78
CT523 and CT524
ASTM C157
ACI 506, ASTM C42 and C1140
ACI 506, ASTM C42 and C1140
ASTM C1140
AASHTO T336
ASTM C567
ASTM C685
CBC 2010
ASTM C472
ASTM C496
ASTM C469
CBC
ASTM C188
ASTM D4832
PCI
PCI
ASTM C796
ASTM C1019
ASTM C109
ASTM C1314
CBC 2105A.4
ASTM C780 A7.6
ASTM C140
ASTM C426
CBC 2105A.4
ASTM C140
ASTM C67
CT202/ASTM C136
CT202/ASTM C136
CT202/ASTM C117
ASTM C117
CT227
ASTM C88/CT214
CT212
ASTM C142
ASTM D4791/CT235
CT213/ASTM C40
ASTM C127/CT206
ASTM C128/CT207
ASTM C131(535)and C211
ASTM D5821/CT205
Standard
Rate/Each'
84.00
84.00
143.00
72.00
94.00
121.00
440.00
308.00
308.00
150.00
440.00
110.00
110.00
535.00
405.00
965.00
667.00
55.00
253.00
215.00
150.00
195.00
150.00
374.00
374.00
525.00
121.00
121.00
187.00
187.00
121.00
184.00
270.00
270.00
340.00
1,000.00
121.00
121.00
INSPECTING
TESTING
ENGINEERING
Discounted
RatelEach
220.90 155.00
295.00
379.99 255.00
220.00
370.00
275.00
158.00
215.00
370 00 255.00
336.00
336.00
336.00
535.99
355.00
409.99 255.00
ASTM C1252/AASHTO T304A $
405.00
255.00
ASTM D2419/CT217 $270:09 180.00
ASTM D3744/CT229 $495..99 280.00
ASTM D3744/CT229 $496.90 280.00
ASTM D 3744/CT229 $405.00
ASTM C123/AASHTO T113 QOR
CRD-C169 $590.00
All fees subject to Bmis of Cburges
7.A.b
Packet Pg. 42 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
ECTING
CONSTRUCTION
INS
TESTING
TESTING SERVICES ENGINEERING
SOILS, AGGREGATE, ASPHALTIC CONCRETE SERVICES & TESTS
Standard Discounted
SOILS Rate/Each Rate/Each
Direct Shear Test of Soils Under Consolidated Drained Conditions ASTM D3080 535.00
Caltrans Corrosivity Package 505.00
Determining Field and Laboratory Resistivity and pH Measurements for Soil and Water CT643 QOR
Soils and Waters for Sulfate Content CT417 QOR
Soils and Waters for Chloride Content CT422 QOR
Particle -Size Analysis of Soils (with Hydrometer) ASTM D422 590.00
Pore Water Extraction and Determination of the Soluble Salt Content of Soils by Refractometer ASTM D4542
625.00
Standard Test Method for Particle -Size Analysis of Soils (without Hydrometer) ASTM D422 535.00
Liquid Limit, Plastic Limit, and Plasticity Index of Soils ASTM D4318/CT204 535.00
Laboratory Compaction Characteristics of Soil Using Modified/Standard Effort ASTM D1557/D698 5g2.09 355.00
Hydrometer Only ASTM D422 535.00
pH of Soils ASTM D4972 467.00
Relative Compaction of Untreated and Treated Soils and Aggregates CT216 500.90 405.00
Determining the Resistance "R" Value of Treated and Untreated Bases, Subbases, and Basement
Soils by the Stabiliometer ASTM D2844/CT301
590 09
405.00
Laboratory Determination of Water(*moisture) Content of Soil and Rock by Mass ASTM D2216/CT226 150.00
Density of Soil in Place by the Drive -Cylinder Method D2937 116.00
Expansion Index of Soils ASTM D4829 405.00
Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter
Permeability) ASTM D5084/CT220
550.00
Lab Compaction Characteristics of Soil 1 Point Proctor (Check Point) ASTM D698/D1557 337.00
Maximum Index Density and Unit Weight of Soils Using a Vibratory Table ASTM D4253 285.00
Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density ASTM D4254 285.00
Density of Hydraulic Cement ASTM C188 253.00
Volatile Organic Content EPA 8260E QOR
Semi Volatile Organics by GC/Ms (Basic Target List) EPA 8270C QOR
Total Organic Carbon ASTM 2974/EPA 5310Bm QOR
ICP Metals Concentration EPA 6020 - CAM/CCR 17 QOR
Total Extractable Petroleum Hydrocarbons: TPH, MTBE, Benzene,Toluene, Ethylbenzene, Zylenes,
SS EPA 8015E
QOR
ICP Metals Concentration EPA 6020 QOR
pH EPA 9045D 535.00
Sequential Batch Extraction of Waste with Acidic Extraction Fluid ASTM D5284 QOR
Chromium Soluble EPA 7196A QOR
Moisture, Ash and Organic Matter of Peat and Other Organic Soils (Organic Content) ASTM D2974 270.00
Universal Soil Classification System (USCS) Test ASTM D2487 300.00
California Bearing Ratio Test ASTM D1883 370.00
Unconfined Compressive Strength of Cohesive Soil ASTM D2166/CT221 187.00
ASPHALT
Quantitative Extraction of Bitumen from Bituminous Paving Mixtures (Solvent) ASTM D2172/CT310 732.00
Determining Low Temperature Performance Grade (PG) of Asphalt Binders ASTM 6816 QOR
Thickness/Height of Compacted Bituminous Paving Mixture Specimens (Cores) ASTM D3549/CT308 27900 180.00
Method of Prep of Bituminous Mixture Test Specimens ASTM D6926/CT304 270.00
Bulk Specific Gravity and Density of Compacted Bituminous Mixtures (LTMD) ASTM D1188 and D2726/CT308 $990.00
Indirect Tensile (IDT) Strength of Bituminous Mixtures (TSR) ASTM D6931/CT371 3,146.00
Mechanical Size Analysis (Coarse and Fine) of Extracted Aggregate ASTM D5444/CT202 405.00
Marshall Stability and Flow of Bituminous Mixtures ASTM D6927 990.00
Theoretical Maximum Specific Gravity and Density (Rice) ASTM D2041/CT309 405.09 $280.00
Measuring the Permeability of Bituminous Pavements and Seal Coats CT341
Swell of Bituminous Mixtures CT305 370.00
Moisture Vapor Susceptibility of Bituminous Mixtures/Moisture or Volatile Distillates in Asphalt ASTM D1461/CT307
930.00
Stabilometer Value (1 sample) CT366 379.99 $255.00
Determination of Asphalt Content of Bituminous Paving Mixtures by the Ignition Method CT382/ASTM D6307 405.00
Determination of Correction Factor of Bituminous Paving Mixtures by the Ignition Method CT382/ASTM D6307 405.00
Determination of Asphalt and Moisture Contents of Bituminous Mixtures by Microwave Oven CT370 405.00 $255.00
Effect of Water on Compressive Strength of Compacted Bituminous Mixtures (Set of 6) ASTM D1075 3,330.00
Compressive Strength of Bituminous Mixtures ASTM D1074 270.00
Hamburg Wheel Track AASHTO T324 3,630.00
Moisture Susceptibility AASHTO T283 3,630.00
Unusual sample preparation (dried clays, saturated clays, etc.) and all other tests for treated or untreated soils, aggregate subbase and aggregate base will be charged at established rates for
laboratory technician.
Does not include sample preparation or sieve analysis
AUfees subject to Basis of Charges
7.A.b
Packet Pg. 43 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
CONSTRUCTION
TESTING SERVICES
INSPECTING
TESTING
ENGINEERING
Standard
MATERIALS MECHANICAL TESTS Rate/Each
Mechanical Testing of Steel Products (General Tensile) ASTM A370 470.00
Fillet Weld Break Test for Qualification (Welding) AWS B4.0 205.00
Tension Testing of Metallic Materials, Tension Testing Wrought and Cast Aluminum and Magnesium- 470.00
Alloy Products, (Welding Coupon Tensile) ASTM E8, B557 and AWS B4.0
Mechanical Testing of Steel Products (Couplers) ASTM A370 460.00
Impact Testing of Miniaturized Charpy V-Notch Specimens, Notched Bar Impact Testing of Metallic QOR
Materials ASTM E2248 and ASTM E23
Testing, Practices, and Terminology for Chemical Analysis of Steel Products ASTM A751 336.00
Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #348 ASTM A370 and E290 370.00
Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; 49411 ASTM A370 and E290 440.00
Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; 414+ ASTM A370 and E290 QOR
Mechanical Testing of Steel Products, Standard Specification for Steel Wire, Plain, for Concrete 440.00
Reinforcement ASTM A370, A82 and A185
Guided Bend Test for Ductility of Welds, Mechanical Testing of Welds ASTM E190 and AWS B4.0 270.00
Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Anchor Bolts 528.00
Only (Tension and Yield) ASTM F307, F1554 and F606
Rockwell Hardness of Metallic Materials ASTM El 150.00
Proof Test for Carbon and Alloy Steel (Nuts Only) ASTM Al94 or A563 337.00
Radiographic Examination of Metallic Castings/Weldments ASTM E94, El030 and El032 QOR
Macroetching Metals and Alloys ASTM E340, E381 and AWS 337.00
Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Washers, 370.00
Direct Tension Indicators, and Rivets (HSB Assemblies) ASTM F606
Mechanical Testing of Steel Products (Terminators Tensile) ASTM A370 370.00
Strength for Sewn or Bonded Seams of Geotextiles ASTM D4884 336.00
Tearing Strength of Fabrics by the Tongue (Single Rip) Procedure ASTM D2261 336.00
Breaking Strength and Elongation of Textile Fabrics (Grab Test) ASTM D5034 270.00
Tensile Properties of Fiber Reinforced Polymer Matrix Composite Bars ASTM D3039 990.00
Steel Strand, Uncoated Seven -Wire for Prestressed Concrete ASTM A416 and A1061 1,463.00
FIREPROOFING
Thickness and Density of Sprayed Fire -Resistive Material (SFRM) ASTM E605 270.00
Cohesion/Adhesion of Sprayed Fire -Resistive Materials (Test Kit Only) ASTM E736 77.00
CONTACT INFORMATION
Headquarters: 2118 Rheem Drive - Pleasanton, CA 94588 • P 925.462.5151 • F 925.462.5183
Peninsula: One Embarcadero Center, Suite 535 • San Francisco, CA 94111 - P 415.334.4747 • F 415.438.2357
Oakland: 246 30th Street, Suite 101 • Oakland, CA 94601 • P 510.444.4747 • F 510.835.1825
San Jose: 2033 Gateway Place, 4500 • San Jose, CA 95110 • P 408.573.6992 • F 408.437.1201
Stockton: 343 East Main Street, #711 • Stockton, CA 95202 • P 209.507.7555 • F 209.507.7554
Rocklin: 4400 Yankee Hill Road • Rocklin, CA 95677 • P 916.419.4747 • F 916.419.4774
Las Vegas: 3842 E. Post Road • Las Vegas, NV 89120 • P 702.257.4747 • F 702.257.4718
All fees subject to Basis of Charges
7.A.b
Packet Pg. 44 Attachment: 4LEAF - First Street Waterline Construction Management (2019) (1862 : Amendment to 4LEAF Service Agreement for Construction
City of Gilroy
STAFF REPORT
Agenda Item Title: Gilroy Housing Trust Fund Update and Funding Priorities for FY
2019-2020 and FY 2020-2021
Meeting Date: March 4, 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
Review the Housing Trust Fund update and establish funding priorities for Fiscal Years
2019-2020 and 2020-2021.
POLICY DISCUSSION
Council is asked to:
1. Review the City’s Housing Trust Fund (HTF) updated information and responses
to Councilmembers’ questions; and
2. Provide direction establishing the funding priorities for the use of the Housing
Trust Fund dollars for FY 20 and FY 21.
BACKGROUND
This staff report addresses the HTF background information and Councilmembers’
questions from the February 4, 2019 Council meeting, and priorities for Fiscal Year
2020 (FY 20) and Fiscal Year 2021 (FY 21). The CDBG priorities were approved at that
9.A
Packet Pg. 45
meeting.
Two-year Budget Planning Process
Every other year, based on the City of Gilroy’s two-year budget planning process, City
Housing and Community Development (HCD) staff projects potential funding amounts
available from the federal Community Development Block Grant (CDBG) and the local
Housing Trust Fund (HTF). A key step in that process is for the Council to establish
priorities of the CDBG and HTF programs for the upcoming fiscal years (FY 20 and FY
21.)
Public services and capital projects funded by CDBG and HTF are estimated for the
upcoming two fiscal years. The public service funds are distributed through a
competitive grant process. Staff plans to release a Request for Proposals (RFP) that will
seek applications for a two-year budget cycle starting in FY 20 and ending in FY 21.
Staff will retain the ability to recommend funding selected projects with either CDBG or
HTF funds. The priorities approved through this action will determine the funding
strategy over the next two-year budget planning cycle.
In March and April, 2019, the City’s Community Neighborhood Revitalization Committee
(CNRC) will review funding applications, interview each applicant and prepare funding
recommendation for CDBG and HTF funds for submittal for Council consideration.
Council will conduct a noticed public hearing and consider CDBG and HTF funding
allocations and the CDBG Annual Action Plan (AAP) for FY 20 in late April and early
May, 2019. The AAP will be submitted prior to the May15, 2019 deadline to the federal
Department of Housing and Urban Development (HUD).
9.A
Packet Pg. 46
RESPONSE TO COUNCIL QUESTIONS
City of Gilroy Housing Trust Fund (HTF)
When and why was the HTF created?
The City of Gilroy established the Gilroy Housing Trust Fund in 1997 to create a funding
source to assist in the development of affordable housing. That Council action followed
a recommendation in 1996 of a Housing Element Task Force Committee. For purposes
of this document, “affordable housing” means housing affordable to households earning
below above-moderate income levels set forth by the State of California, Department of
Housing and Community Development (HCD).
What was the original source of funding the HTF?
Funding of the Housing Trust Fund comes primarily from repayment of promissory
notes secured by and trust deeds recorded on property titles and equity share payments
from sale, or resale, of Below-Market Rate (BMR) properties. Initially, South County
Housing, local non-profit organization, constructed and sold such BMR home sites in
Gilroy. To date the primary source of revenue for this fund, has been early payment of
notes attached to Resale Restrictions on the below market rate , and self-help housing
projects developed by that non-profit. Some homeowners of these homes chose to
repay these obligations, in order to refinance existing first loans, and thereby utilize a
rising equity buildup as a result of local high housing deman d real estate market. Some
repayments were due to foreclosures.
Typically, such local housing trust funds as based on a state or federal funding source,
such as the City of Gilroy’s BEGIN first-time homebuyers’ loan program. As created in
1997, the existing HTF was based on a different model. In the model developed by
South County Housing and the City of Gilroy in a period of rapidly rising local housing
costs. The model was to help low and moderate income Gilroy families and individuals
to achieve homeownership who could buy a home at near, and somewhat below,
market rate home prices. That new model did not involve direct loan from a state or
federal homebuyer subsidy program. This new approach was designed to potentially
share in the rapidly rising home values between the original low and moderate income
homebuyer, South County Housing and the City of Gilroy, when that original homebuyer
wanted or needed to sell their home at a market -based price. For each low and
moderate home purchase, resale restrictions were recorded on each property and
assigned to the City of Gilroy.
9.A
Packet Pg. 47
The reason the City of Gilroy was involved in these home purchase transactions was
the result of concerns of private lenders of first mortgages and, in some cases, deferred
payment second mortgages that as newer non-profit South County Housing might not
have the experience or longevity to administer long term deed resale restrictions. The
lenders felt there needed to be a local entity to administer the deeds of trust and future
sale transactions. The entity identified at the time was the City of Gilroy. As a result,
when homes sold, there was typically equity after first and second mortgages were paid
off. The equity amount then was shared between the original homebuyer, the non -profit
and the City of Gilroy. Those equity share funds allowed the non -profit to cover its
administrative costs and fees. The equity share funds that went to Gilroy were
accumulated over the years in the City’s HTF. Over the last nearly two decades, t he
City’s HTF funds were recycled to address local housing needs of low and moderate
income families and individuals.
Where have HTF funds been initially utilized?
In conjunction with South County Housing, Gilroy’s HTF was utilized in a broad range of
subdivisions, locations and mix of options which benefitted low and moderate income
buyers to achieve homeownership in a rapidly rising housing market. The range of
subdivisions and neighborhoods involved in home buyer loans included: Los Arroyos
BMR and self -help built new homes; Alderwood; Summerhill; Glenbrook, and scattered
site self-help built homes. The resale of homes in those location have generated the
initial deposit of net proceeds into the HTF, which in turn generated new homebuyer
loans and funding of various low income services and programs over the last many
years.
What are the eligible uses of the HTF?
1. Acquisition of land for the construction of housing affordable to households earning
below above-moderate income levels as published by the State of California,
Department of Housing and Community Development.
2. Demolition of sub-standard housing and any required relocation assistance costs
required by law.
9.A
Packet Pg. 48
3. Loans for new construction, rehabilitation, and refinance of affordable hou sing.
4. Interest rate subsidy or lump sum grants to reduce rates for new construction or
rehabilitation.
5. Loans for soft costs associated with the development of new construction or
rehabilitation. Soft costs are expenses note related to actual con struction costs for
the development and include architect and project management fees.
6. Direct homeownership assistance to low and moderate income households to
subsidize, mortgage principal amounts, or finance acquisition of housing to be
occupied by the homebuyers and provide down payment assistance.
7. Provide funding for other special housing related projects, including homeless
studies, transitional housing, or emergency funding to provide shelter and related
services.
8. Administrative management of the Fund 259 to reimburse processing of all
transactions and ongoing management of the loan portfolio (at a maximum of 15%
per annum). Additionally, an annual operating budget to provide for any specialized
related costs associated with the direct man agement of the fund. Typical related
costs include attorney fees, certified mailings, default and foreclosure fees,
advertising directly related to activities of the trust fund and other fees necessary to
the processing of transactions for the benefit of the fund.
Housing Trust Fund Program Income - all revenue generated through the use of the
Housing Trust Fund, or earned on the unexpended balance annually shall be returned
to the Housing Trust Fund for the benefit of the community and reuse of the fund a s
specified above.
Can HTF be used for homeless services?
Yes, per the Council adopted eligible uses of the HTF listed above, Item # 7 indicates
that homeless studies and shelters and related services are eligible for HTF funding.
9.A
Packet Pg. 49
How were HTF funds spent in FY 2018-2019?
$181,037 Administration and program staffing (HCD), BMR administrator
(HouseKeys), and advertising, legal services, committee support
$168,000 Housing-related public services by non-profits
$ 349,037 Total Housing Trust Fund for FY 2018-2019
HTF Recommended Annual Priorities and Budget for FY 2019-2020 and FY 2020-
2021
$ 200,000 Administration and program staffing (HCD), BMR administrator
(HouseKeys), and advertising, legal services committee support
$ 168,000 Housing-related public services by non-profits
$ 368,000 Total Annual Housing Trust Fund Budgets for FY 2019-2020
and FY 2020-2021
As noted, all budget amounts are estimates and could be reduced or increased as staff
continues to refine its budget and Council adoption of annual HTF allocations for
FY2019-2020 and FY 2020-2021.
Housing Trust Fund (HTF) Priorities for FY2019-2020 and FY 2020-2021
For the HTF for the next two budget years FY 20 and FY21, the recommended priorities
are as follows:
Basic Needs: Includes such services as food, shelter, clothing, transportation and
job readiness. These services would serve the most vulnerable populations to
include the homeless, seniors, the disabled and victims of domestic violence.
Supportive Services: Includes such services as case management, housing
9.A
Packet Pg. 50
location assistance and mental health services. This category would also include
the Homeless Management Information System which is a countywide database
all homeless providers in the county use to track the supportive services
homeless individuals currently receive or have received in the past.
Youth Services: Includes services directed toward at-risk youth that addresses
crime prevention, gang intervention, recreational activities and youth
empowerment.
Housing Services: Includes only fair housing, tenant-landlord counseling and
homebuyer education.
Housing Rehabilitation: Repairs of home owned by low-income housing
including major and minor repairs, roofs and accessibility retrofits to the homes of
low income disabled residents.
Code Enforcement: emergency abatement of housing code hazards.
ALTERNATIVES
1. The City Council approval of the staff recommendations priorities for use of HTF
funds will help determine projects, programs and services that will assist low and
very-low income households in Gilroy. This action is recommended
2. Should the City Council decline to proceed with the proposed staff recommendations
regarding priorities for use of HTF funds, potential projects, programs and services
for low and very-low income households in Gilroy will not be made with HTF funds.
This action is not recommended.
FISCAL IMPACT
The priority activities are planned to be funded by local Housing Trust Fund
rehabilitation loan payments, home buyer loan repayments, fund interest and equity
shares from Below Market Rate units.
NEXT STEPS
Should the City Council approve the recommended priorities for use of HTF funds for
the projects and activities outlined herein as well as develop and manage associated
HTF contracts for delivery of funded programs and services. Budget adjustments will
be submitted to Council in subsequent recommendations.
9.A
Packet Pg. 51
City of Gilroy
STAFF REPORT
Agenda Item Title: Temporary Use Permit for Alpine Landscapes for a Temporary
Office Trailer at 8585 Murray Avenue (TUP 18-19)
Meeting Date: March 4, 2019
From: Gabriel Gonzalez, City Administrator
Department: Community Development Department
Submitted By: Kristi Abrams
Prepared By: Sue O'Strander
Kraig Tambornini
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
Economic
Development
Customer Service ☐ Enhanced Public
Safety
RECOMMENDATION
Approval of a temporary use permit for a temporary office trailer for Alpine Landscapes
at 8585 Murray Avenue.
POLICY DISCUSSION
The City Council is asked to consider the question: “should the requested use, to allow
a temporary use for an extended period of more than six months, be considered as a
temporary use.
BACKGROUND
Alpine Landscapes at 8595 Murray Avenue (Assessor’s Parcel Number 835-01055) is
actively seeking a new location within the City to accommodate its business expansion.
In the interim the operator has requested a temporary use permit to provide space for
additional employees, and meet its immediate business needs. In October 2018, staff
approved Temporary Use Permit (TUP)18-14 for a period of 6 months (through April 11,
2019) pursuant to Gilroy City Code Chapter 30.47. This time frame is the maximum
10.A
Packet Pg. 52
amount of time that staff can support under the zoning regulations, before
environmental and stormwater regulations must be considered. However, Alpine
Landscapes requires and requests more time, up to two years, to secure a new facility
for its growing business.
The zoning regulations generally are developed to allow long-term uses within
permanent structures. An Architectural and Site Review permit is typically required for
permanent new commercial, industrial, multi-family, and hillside development. However,
Gilroy City Code Article XLVII (Temporary Uses) allows the Planning Manger to
administratively approve some short term uses, which would not negatively affect the
public welfare and would not result in permanent changes to the site. As the Council is
aware, temporary uses typically consist of seasonal retail sales (e.g., pumpkins, flowers,
Christmas trees) or use of temporary construction trailers. These are usually short-term,
30 days or less, or the duration of a construction project.
On June 18, 2018, the City Council provided direction to staff to allow Saint Louis
Hospital to establish temporary facilities to support planned expansion, for an extended
temporary period of two years. This was a unique case that was related to a sizeable
expansion, and required temporary facilities in the interim. Given the limited timeframes
provided for administrative review under the current temporary use permit regulations,
the matter was presented to the City Council for its support of the extended temporary
term. The Council unanimously supported staff approval of the extended TUP18-06.
The Alpine Landscapes request is similar to Saint Louise Hospital expansion. Given the
length of the temporary use proposed for this site, this matter is also being forwarded to
the City Council for a decision. Staff is presenting a discussion regarding establishing a
formal policy, as a separate discussion item on the City Council’s agenda.
PROJECT DESCRIPTION
The subject property is a 1.31-acre long, narrow lot located within the M1-industrial
zone (79.2 feet wide by 722.4 feet long). The property is a “through -lot” with frontage on
Forest Street and Murray Avenue. The site is within the existing industrial park area
north of Leavesely Road and in the Murray Avenue Special Use Overlay District. The
property is developed with an existing wood frame office building (former residential),
and two metal industrial buildings (approved under AS13 -01). The uses to the north,
south and west sides are industrial, with R1, single-family residential, across Murray
Road to the east.
Alpine Landscapes leases the east half of the property, which is paved and includes a
3,200-square-foot industrial shop building and a 2,220-square-foot office building on
Murray Avenue. The larger warehouse building on the west half of the site is
approximately 5,000 square feet, and is occupied by a separate business.
In October 2018, the Planning Division approved a temporary use permit , TUP18-14, for
a 320 square foot temporary mobile office trailer, 32 feet by 10 feet, to be placed on the
10.A
Packet Pg. 53
Alpine Landscapes site for three additional employees and field employees. TUP18-14
was granted to meet immediate term expansion needs, with understanding that a longer
term would need to be presented to the City Council for a determination.
On December 7, 2018, the subject TUP18-19 request was made for an additional two-
year term for use of the temporary office trailer. This would allow Alpine Landscapes t o
operate within their current lease with time to find a new permanent location.
ANALYSIS
Gilroy City Code Section 30.47.10 states: “Certain temporary uses of property may be
permitted in any district. The permit or license may be made contingent upon such
conditions and time limitations as are reasonably necessary to secure the public
welfare. The violation of any such condition shall be grounds for the revocation of the
permit or license. The enforcing officer may require guarantees to assure removal of the
temporary use and of any debris or refuse resultant from the use, so as to restore the
premises to the prior condition.” “Temporary business establishment” means an activity
involving the sale or display of merchandise in the open, in a vehicle, or in a temporary
building or structure, or for a limited time in a permanent building or structure.
Chapter 30.47 provides specific timeframes for “Temporary Construction Buildings”,
“Sales Offices”, “Outdoor sales on public property”, and “Other temporary uses ” that
may be authorized by the Planning Director. These short term uses are clearly ancillary
in nature. Staff has determined that temporary facilities can be administratively
approved for a period of less than six (6) months, where deemed feasible and
appropriate, to meets expansion needs of existing businesses.
At present, the City Council is requested to review and consider whether to allow this
request for an extended temporary use. In this case, the Alpine Landscapes extended
temporary office use would be consistent with the M1 zoning standards, as follows:
Industrial Use Table section 30.23.10(c) allows contractors uses in the M1
district.
Industrial Site and Building Table 30.23.20(c) allows a maximum 60 percent site
coverage and no side yard setback. Existing permitted development results in 17
percent site coverage.
Parking Standards in Chapter 30.31 require one (1) additional parking space per
300sf of office. As approved under AS13-01 the site required and provided 14
parking spaces. Four of the existing parking spaces were shifted south to
accommodate the trailer, with three additional spaces provided for the three new
work stations in the trailer. These spaces are along the south side of the parking
lot, within existing paved areas. As proposed, existing landscape setbacks and
backup are maintained. More than 24 feet of backup space is provided for
vehicles to maneuver in and out of the parking stalls. In total, 17 spaces are
10.A
Packet Pg. 54
provided including accessible parking. Thus, the project meets parking
standards.
The proposal has been reviewed by Fire, Building, Engineering and Planning. Given the
limited nature of the use and its location, no physical site upgrades or improvements are
required. The following revised requirements have been recommended to assure the
project would meet City health and safety requirements to support the temporary office
trailer use on the site:
BUILDING
1. Prior to April 11, 2019, an extension of the current building permit shall be
obtained, and subject to inspection of the trailer to verify compliance with the
building code will be satisfied for the duration of its use.
2. Engineer of record shall recertify the trailer for another two (2) years and stamp &
sign engineering documents to that affect.
3. Landings and stairs shall continue to be properly secured to grade and remain
good condition.
PLANNING
1. TUP18-19 shall be approved for an additional period of two years, and will expire
on April 11, 2021. The office trailer shall be removed, the premises shall be
restored to its pre-existing condition, conforming to the district regulations, within
thirty (30) days from April 11, 2021.
2. A bond, or other security, in an amount to the satisfaction of the Community
Development Director shall be in place prior to issuance of the TUP.
3. Except as modified by this approval, all permit conditions of AS13 -01 shall
remain in full force and effect.
No other conditions or requirements have been recommended or required for the use.
Further, the temporary use has been determined to be exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 which
applies to minor alterations to existing facilities.
Based on the above discussion, staff supports the extended TUP, and requests the City
Council consideration and direction for this particular proposal.
ALTERNATIVES
1. Should the Council determine the proposed use can be considered as
“temporary” for an extended term of two years, the Council is requested to direct
staff to approve the TUP with the aforementioned requirements by the Building
and Planning Department. Staff recommends this option.
10.A
Packet Pg. 55
2. Should the council determine that the project cannot be considered temporary, to
extend past the initial 6 month term, the Council would direct staff to take no
further action on the requested TUP. Under this option, Alpine Landscape could
apply for an Architectural and Site Review Permit for staff review of the new
facilities, which would be evaluated as permanent structures. Staff does not
recommend this option.
FISCAL IMPACT/FUNDING SOURCE
The applicant has paid the full cost for processing of the zoning application and would
be responsible for building permit and inspection fees.
CONCLUSION
As currently written, the Planning Manager has limited authority under the Zoning
Ordinance to approve temporary uses. The requested use extends beyond established
parameters and requires approval by the Council. Should the City Council support the
proposal as temporary the Council should take action to approve the TUP request.
NEXT STEPS
If approved, the applicant would need to obtain building permits to allow the use to
remain. If not approved the applicant would need to remove the trailer and restore the
site by April 21, 2019.
PUBLIC OUTREACH
No notice is required for a temporary use permit. If a permanent structure is proposed
then the project would require notice and public hearing by the Planning Commission.
Attachments:
1. TUP 18-19 Application
2. TUP 18-19 Site Plan
3. TUP 18-19 Trailer Specifications
10.A
Packet Pg. 56
10.A.a
Packet Pg. 57 Attachment: TUP 18-19 Application (2022 : Alpine Landscapes Temporary Office Trailer Use)
10.A.a
Packet Pg. 58 Attachment: TUP 18-19 Application (2022 : Alpine Landscapes Temporary Office Trailer Use)
10.A.b
Packet Pg. 59 Attachment: TUP 18-19 Site Plan (2022 : Alpine Landscapes Temporary Office Trailer Use)
10.A.c
Packet Pg. 60 Attachment: TUP 18-19 Trailer Specifications (2022 : Alpine Landscapes Temporary Office Trailer Use)
10.A.c
Packet Pg. 61 Attachment: TUP 18-19 Trailer Specifications (2022 : Alpine Landscapes Temporary Office Trailer Use)
10.A.c
Packet Pg. 62 Attachment: TUP 18-19 Trailer Specifications (2022 : Alpine Landscapes Temporary Office Trailer Use)
10.A.c
Packet Pg. 63 Attachment: TUP 18-19 Trailer Specifications (2022 : Alpine Landscapes Temporary Office Trailer Use)
10.A.c
Packet Pg. 64 Attachment: TUP 18-19 Trailer Specifications (2022 : Alpine Landscapes Temporary Office Trailer Use)
City of Gilroy
STAFF REPORT
Agenda Item Title: Consideration of Design for Gilroy Welcome Sign at the Southwest
Corner of Santa Teresa Boulevard and Hecker Pass Highway
Meeting Date: March 4, 2019
From: Gabriel Gonzalez, City Administrator
Department: Community Development Department
Submitted By: Kristi Abrams
Prepared By: Sue O'Strander
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 acquired the 0.45+/- acre site at the southwest corner of Hecker Pass Highway
and Santa Teresa Boulevard as a condition of the Village Green project Planned Unit
Development (PUD) approval [Architectural and Site Review application AS 00-40,
resolution 2001-11]. At that time, the City Council required dedication of this parcel for
a City entry statement. The Council’s original vision for this parcel was that it would
contain a City monument sign and landscaping to welcome people to Gilroy. The City
Council wanted to locate a welcome sign on this site because it is located at the
intersection of two major entry corridors into Gilroy: Hecker Pass Highway and Santa
Teresa Boulevard.
After approval of the Village Green PUD, the City Council approved development of the
Hecker Pass Specific Plan [General Plan Amendment application GPA 02-01,
Resolution 2005-03]. On August 6, 2018, the City amended the Specific Plan to include
10.B
Packet Pg. 65
construction of a Class I (separated from the street and paved) bicycle trail on the south
side of Hecker Pass Highway [Zone Change application Z 16-02, Resolution 2018-34].
The bicycle trail will start at the City entry statement, run the length of the Hecker Pass
Specific Plan area on the south side of Hecker Pass Highway, and connect to an
existing Class I trail constructed along Uvas Creek on the south side of the Specific
Plan area (see the trail plan depicted in Attachment A).
With approval of the Hecker Pass bicycle trail, the entry statement became a logical
place to provide amenities for cyclists and pedestrians who would use the trail. As such,
the entry feature took on the characteristics of a park, and is now proposed to have the
following features: concrete pavers; colored, stamped concrete; picnic tables; benches;
a drinking fountain with a pet fountain and bottle filler; a bike repair station; a bike rack;
a dog pick-up station and waste receptacles; public art; and a Gilroy welcome sign (see
the preliminary park design depicted in Attachment B). Public Works staff anticipates
bringing the park design to the Parks & Recreation Commission and City Council in
spring 2019. The City Council approved the design of the public art on November 21,
2016.
ANALYSIS
Staff has worked with the developer to create a Gilroy welcome sign at the southwest
corner of Santa Teresa Boulevard and Hecker Pass Highway. The proposed sign is
monument style (freestanding, with a solid base constructed on the ground) with a
curved design. The sign will have a stone veneer and stone cap on top. The sign
lettering will use the City’s branding. Specifically, the sign will include metal letters that
say “City of Gilroy” and “A Community with a Spice for Life” on a stucco background.
The sign would use the City’s selected font and bronze coloring on the letters.
ALTERNATIVES
1. The City Council could direct staff to prepare construction documents for the
proposed signage and proceed to construction. The City Council could also direct
staff to utilize the same sign design on the project at the southeast corner of Santa
Teresa Boulevard and Hecker Pass Highway/First Street, as well as utilize the same
sign design on the northwest and northeast corners of Santa Teresa Boulevard and
First Street, as development opportunities occur. This action is recommended
2. The City Council could direct staff to prepare construction documents for the
proposed signage and proceed to construction, without utilizing the same sign
design on the other corners corner of Santa Teresa Boulevard and Hecker Pass
Highway/First Street. This action is not recommended.
3. The City Council could direct staff to redesign the proposed signage. This action is
not recommended.
4. The City Council could eliminate the proposed signage. This action is not
recommended.
10.B
Packet Pg. 66
FISCAL IMPACT/FUNDING SOURCE
Meritage Homes, which is developing the entryway park, will be funding the design and
construction of this sign. The City of Gilroy will be responsible for maintenance costs.
CONCLUSION
Staff recommends that the City Council accept Alternative 1 and allow construction of
this sign to proceed. If the City Council does not approve the proposed sign design, staff
will work with the developer to propose an alternative sign design that meets t he City
Council’s expectations.
NEXT STEPS
Based on City Council direction Staff will direct Meritage Homes to complete the sign
design, prepare construction documents, and install the sign.
Attachments:
1. Attachment A Overall Class I II Trail Systems
2. Attachment B Park Elements
10.B
Packet Pg. 67
THIRD STREET
GRASSLAND WAY3RD STREETSANTA TERESA BOUL
E
V
A
R
D HIGHWAY 152 (HECKER PASS)FIRST STREET3.43IJ+KMNPGilroy, CAMAY, 2017Job No.: 994001-28001ENGIEERSNNNSSSRRREEPLAUVYOCOMPREHENSIVE EXHIBITW:\JOBS 99\994001\HECKER PASS\BICYCLE PEDESTRIAN COMMISSION\BICYCLE PED COMMISSION 2018-08-28\ALL PROJECTS_2018-08-21.DWG
HECKER PASSEAST CLUSTERHECKER PASSWEST CLUSTERSYNGENTAFLOWERSEXISTING CLASS II TRAILTRAIL CONNECTIONTO NEIGHBORHOODSTRAIL VISTA POINTCONNECT TO EXISTINGTRAIL SYSTEMCONNECT TO EXISTINGTRAIL SYSTEMnot to scale COUNTRY ESTATESPHASE IVHECKER PASSNORTH CLUSTERPOSSIBLEFUTUREPOSSIBLEFUTURECONNECTIONCONNECTIONGILROY GARDENSTRAIL CONCEPTGILROY GARDENSTRAIL CONCEPTAPPROVED CLASS I TRAILEXISTING CLASS I TRAILPROPOSED CLASS II TRAILPLANNEDROUNDABOUTROUNDABOUTPLANNED FUTURE CLASS II TRAILFUTURE CLASS II TRAILBY CITY(BY CITY)(BY OTHERS)(BY OTHERS)FUTURE STAGING AREAFUTURE FUTURE STAGING AREASTAGING AREA(BY CITY)(BY CITY)(BY OTHERS)(BY OTHERS)10.B.aPacket Pg. 68Attachment: Attachment A Overall Class I II Trail Systems (2023 : Design of a Gilroy Welcome Sign (M 19-02))
SANTA TERES
A
B
L
V
D
.HECKER PASS RD.WUCOLS*TREESBOTANICAL NAMECOMMON NAMEMIN. SIZEGROUNDCOVERS & GRASSESLAGERSTROEMIA X FAUREI HYBRIDSPRUNUS C. 'KRAUTER VESUVIUS'QUERCUS LOBATACEDRUS DEODARATUSCARORA CRAPE MYRTLEPURPLE LEAF PLUMVALLEY OAKDEODAR CEDAR15 GAL15 GAL24" BOXEXISTINGLLLLCEANOTHUS 'CARMEL CREEPER'CORREA 'CARMIINE BELLS'ERIGERON GLAUCAFESTUCA MAIREIHELIANTHEMUM NUMMULARIUM 'HENEFIELD BRILLIANT'HELICTOTRICHON SEMPERVIRENSMUHLENBERGIA CAPILLARISMYOPORUM PARVIFOLIUM 'PROSTRATUM'SCAEVOLA 'MAUVE CLUSTERS'SOLLYA HETEROPHYLLAWILD LILACAUSTRALIAN FUCHSIASEASIDE DAISYATLAS FESCUESUNROSEBLUE OAT GRASSPINK MUHLYMYOPORUMSCAEVOLAAUSTRALIAN BLUEBELL CREEPER1 GAL1 GAL1 GAL1 GAL1 GAL1 GAL1 GAL1 GAL1 GAL1 GALLLLLLLLLLLPROPOSED PLANT PALETTE* WATER NEEDS BASED ON THE WATER USE CLASSIFICATION OF LANDSCAPE SPECIES (WUCOLS) BY THEUNIVERSITY OF CALIFORNIA COOPERATIVE EXTENSION.BENCHESBIKE REPAIR STATIONDRINKING FOUNTAINTUBE STEEL FENCEGROUNDCOVERPLANTING, TYP. CONCRETE PAVING, TYP.MONUMENT SIGN TBD(1) DECORATIVE BIKE RACK AND(2) STANDARD BIKE RACKSCOLORED STAMPEDCONCRETE PAVINGART PIECE LOCATIONCopyright 2019 vanderToolen Associates. The drawings or written materials contained herein constitute the original and unpublished work of the landscape architect. Reproduction, use or alteration in any form is strictly prohibited without the written consent of vanderToolen Associates.L-1Project No. 00215Gilroy, CaliforniaGATEWAY PARKSCALE: 1" = 20'-0"NORTH0'10'20'40'vanderToolen Associates855 Bordeaux WaySuite 240Napa, CA 94558tel: 707.224.2299www.vandertoolen.comPRELIMINARY PARK MASTER PLANCONCEPTUAL LANDSCAPE PLANFEBRUARY 2019MeritageHomes1671 East Monte Vista Avenue, Suite 214Vacaville, CA 95687www.meritagehomes.comORNAMENTAL LIGHT POSTHECKER PASS BIKE TRAILCONNECTIONPICNIC TABLESHECKER PASS BIKE TRAIL(1) DECORATIVE BIKERACK AND (2) STANDARDBIKE RACKSSTAMPED, COLORED CONCRETEDECORATIVE BIKE RACKSTANDARD BIKE RACKBIKE REPAIR STATIONLIGHT STANDARDPICNIC TABLEBENCHDRINKING FOUNTAINSCALE: 3/4 = 1'-0"CURVED SIGN WALL21CHISELED STONE WALL CAP.COLOR TO BE LOMPOC. AVAILABLETHROUGH CORONADO STONE.209-334-1380ITALIAN VILLA CORONADO STONEVENEER WITH OVERGROUT.VENEER COLOR TO BE VERONAWITH MATCHING GROUT.3DARK OIL RUBBED BRONZE FINISHLETTERING PER CITY OF GILROYSTANDARDS. ATTACHED TO WALLWITH A 1" GAP BETWEEN LETTERSAND FACE OF WALL.BATTERED END.4PLAN VIEWRADIUS = 17'-0"142FRONT ELEVATION11'-11"2"6"1376
°
3'-2"4"13'-0"1'-0"
1"1 1/2"5'-0"2'-3"STUCCO FINISH OVER SCRATCHCOAT. STUCCO FINISH TO BE FINESAND, COLOR TO BESHERWIN-WILLIAMS SW 7551 GREEKVILLA EXTERIOR PAINT IN FLATFINISH.5510.B.bPacket Pg. 69Attachment: Attachment B Park Elements (2023 : Design of a Gilroy Welcome Sign (M 19-02))
City of Gilroy
STAFF REPORT
Agenda Item Title: Request by Meritage Homes to Modify Public Improvement
Agreement 2015-06 for the Harvest Park II Development
Meeting Date: March 4, 2019
From: Gabriel Gonzalez, City Administrator
Department: Public Works Department
Submitted By: Girum Awoke
Prepared By: Girum Awoke
Gary Heap
Strategic Plan Goals
☐ Fiscal Stability
☐ Downtown
Revitalization
☐ Economic
Development
Customer Service ☐ Enhanced Public
Safety
RECOMMENDATION
a) Deny the request by Meritage Homes to modify Public Improvement Agreement
(PIA) for Harvest Park 2 development, and;
b) Direct staff to conduct analysis for projects within the Traffic Circulation Master
Plan, identify options to update the Traffic Impact Fee (TIF) for different
reimbursement alternatives, and develop a clear policy document and
reimbursement procedure for the TIF program.
BACKGROUND
The City has a received a request from Meritage Homes (Meritage) to modify their
Public Improvement Agreement (PIA) #2015-06 for the Harvest Park II development.
The Harvest Park II development, a residential subdivision project intended to create 57
single family residential lots, one multi- family lot, one commercial lot, and 3 +/- acres of
common area, on a property located within the harvest park development, west of
Monterey street and north and south of Cohansey avenue, received a Tentative Map
10.C
Packet Pg. 70
approval in December 2013. The Tentative Map approval was obtained by the James
Group who had transferred the project to Meritage sometime in spring 2016.
The following is a list of Engineering Division conditions of approval (applicable to this
staff report) included in the Tentative Map approval granted by Resolution No. 2014-02:
Developer shall design and construct a four lane, free span bridge on Cohansey
Avenue over Llagas Creek consistent with the City of Gilroy TIF [Traffic Impact
Fee/Fund] dimensions for that bridge. The design shall be approved by the
Santa Clara Valley Water District. Prior to construction, developer shall obtain an
encroachment permit from the Santa Clara Valley Water District (SCVWD). The
design shall be complete and approved by the City Engineer, prior to the
issuance of the first building Certificate of Occupancy for single family residences
for production homes. The construction of the bridge shall be completed prior to
the issuance of the 57th building Certificate of Occupancy for single family
residences. The bridge shall be configured with striped Class II bicycle lanes and
a minimum of 6-foot wide to a maximum of 10-foot wide sidewalks along both
sides of the travel way, consistent with Gilroy Public Works Standards for that
street classification.
Developer shall design and construct the ultimate intersection improvements, as
required per the General Plan, including the installation of a traffic signal at the
intersection of Cohansey Avenue and Monterey Road. Said improvements must
be complete and to the satisfaction of the City Engineer. The design and
construction of the intersection improvements shall be completed prior to the
20th building Certificate of Occupancy.
Developer shall construct frontage improvements on Monterey Road, including
but not limited to, sidewalk, curb & gutter, VTA bus stop amenities which may
include but not be limited to passenger shelter and sitting area, night lighting, and
trash receptacle, landscaping, irrigation, and street lights.
Developer shall provide a bike trail access from Cohansey to the future bike trail
below the Cohansey bridge, consistent with SCVWD guidelines for access to
bicycle trails along waterways.
Public Improvement Agreement (PIA) #2015-06, executed between Meritage and the
City in December 2016, further clarified the above mentioned improvements, applicable
cost obligations and/or reimbursement arrangements with Meritage. The following is an
excerpt from the PIA, regarding reimbursable activities and amounts:
i. Cohansey at Llagas Creek Bridge is estimated to cost $3,665,199.00. The
current reimbursement amount for this bridge is $1,606,448.00 per the current
TIF budget. Trail improvements, retaining walls and associated improvements
(with an estimated cost of 180,000) may be included for reimbursement as
allowable under the TIF and according to city policy.
10.C
Packet Pg. 71
ii. Cohansey/Church to Monterey segment has an estimated reimbursement cost of
$341,424.00 per the current TIF budget. Additional costs for the Cohansey
median construction (with an estimated cost of$260,000) may be included for
reimbursement as allowable under the TIF and according to city poli cy.
iii. Cobansey/Monterey intersection has an estimated reimbursement cost
of$773,188.00 per the current TIF budget. The pole relocation to accommodate
intersection improvements (with an estimated cost of$120,000) may be included
for reimbursement as allowable under the TIF and according to city policy.
iv. Miscellaneous design, permit and review fees (with an estimated cost
of$150.000) may be included for reimbursement as allowable under the TIF and
according to city policy.
Currently, the improvements on the road segment have been completed and accepted
by the City, the bridge is in final construction stage, and the intersection improvements
at Cohansey Avenue and Monterey Road have not yet begun.
The developer’s PIA amendment request seeks full reimbursement of construction cost
for the construction of the Cohansey Bridge, segment of Cohansey Avenue within the
development, and the intersection improvements at Cohansey/Monterey Road.
In September 2015, prior to the PIA approval, the cost of the bridge was esti mated at
$3,665,199. The current approved PIA indicates a reimbursement value of $1,606,448
(plus $180,000 for trail improvements, retaining walls and associated improvements) for
the bridge, $601,424 for the Cohansey segment, and $773,188 (plus $120,000 for pole
relocation to accommodate intersection improvements) for the intersection
improvements. The total eligible reimbursement amount identified in the PIA is
$3,281,060. The developer has requested a modification to the PIA to increase the
reimbursement amount to $9,384,830 which will cover the cost of all offsite
improvements. The difference between the executed PIA and the developer’s request
is $6,103,770.
ANALYSIS
The City’s transportation projects are identified in the Traffic Circulation Master Plan
dated April 2004. The Master Plan establishes transportation system design and
planning criteria, and determines the necessary improvements required by evaluating
the existing transportation system and performing a system wide analysis of future
General Plan build-out needs.
While the projects in the Traffic Impact Fees (TIF) fund are funded through the
collection of fees on new developments, and often constructed by developers as part of
10.C
Packet Pg. 72
their project conditions of approval, it must be noted that the type and amount of
reimbursement of costs to construct these improvements is largely dependent on
several factors. In general, the improvements identified in the City’s Traffic Circulation
Master Plan are required to accommodate the projected demand for the transportation
system and meet General Plan build-out conditions. To that end, the master plan also
includes conceptual material quantities and cost estimates for the identified
improvements.
In total, more than 150 projects with a total value of $277,000,000 are identified to be
funded through the City’s TIF Program as identified in the Traffic Circulation Master
Plan. Below is a table showing the project types identified in the plan:
Projects Quantities Estimated Improvement Cost
Street Segments 50 $98,900,000
Intersections 67 $98,400,000
Bridges 32 $62,560,000
Miscellaneous $17,140,000
Total $277,000,000
The cost estimates for projects within the Traffic Circulation Plan were originally
calculated in 2004 in coordination with the master plan development. The sum total of
the value of these projects was used to determine the TIF collection amounts needed to
fund projects and provide for reimbursement in accordance with those cost estimates.
Project costs have generally increased over the past fifteen years. In order to account
for changes in planning, design and construction cost of transportation projects, the
Department of Public Works has updated the project cost estimates in one of two ways:
1. Computed the actual material quantities and use most recent historical unit
prices to produce Engineer’s estimates. This was done for projects with
more readily available information with respect to design scope and timing of
construction.
2. Adjusted project cost estimates by a reasonable escalation factor (on
average 3%)
Cost responsibility for proposed improvements depends on several factors including
proximity of a development project to a given transportation element, trips generated
from the development and the specific impacts the project imposes on the
transportation network. Taking the timing of the project and objectives of the
transportation master plan into consideration, the city typically conditions a developer to
build transportation improvements above and beyond what directly benef its the project;
10.C
Packet Pg. 73
to that end, reimbursement of TIF improvement costs will vary based on the following
factors:
The impacts of the proposed development to the traffic circulation adjacent to
the project as well as the network in general
Any frontage improvements associated with the project
The ability of the city to design and/or construct the remaining transportation
elements
Available funding in the TIF fund
If a developer is conditioned to build transportation improvements to benefit the larger
community and/or traveling public, the city reimburses the developer those costs above
and beyond the developer’s project obligations. The Engineering Division keeps a
spreadsheet that tracks and updates cost estimates for the various transportation
elements. This PIA was drafted consistent with the Engineering Division’s
reimbursement policy (attached) which was approved by council in 2008.
For the Cohansey at Llagas Bridge (Bridge #21), t he 2004 Traffic Circulation master
plan included a cost estimate of $1,425,600. This estimate was later updated in 2006 to
$1,186,843, in 2009 to $1,309, 440 and in 2016 to $1,606,448 (accounting for
approximately 7 years of inflation from 2009). Please note that, since the execution of
the PIA in December 2016 (which followed the letters sent to Mr. Suner in August 2015,
and Meritage before September 2016), there have been no updates to the TIF
worksheet. It is also important to note that, either during or since the execution of the
PIA in December 2016, Meritage has not indicated any concerns with the TIF
reimbursement amounts or made any requests to amend the PIA to increase the
reimbursable amounts.
As far as adjustment to the reimbursement amount through an amendment of the PIA,
Meritage has not provided sufficient justification or benefits to the city (other than the
fact that actual costs have come in over the PIA estimates). In cases where project level
cost estimates are not available, Traffic Impact fees have been adjusted since 2004
accounting for an average escalation factor of 3%. While an assumption can be made
that this would pay for construction/reimbursement at a higher project value, staff
cannot confirm this as there has not been a comprehensive reevaluation of the projects
since 2004. Without a complete update to the individual project costs and an evaluation
of the TIF program, Staff believes that the current fund balance or projected income
from TIF payments may not be able to support reimbursement at full value.
RECOMMENDATION
There is a need for a policy decision by the City Council regarding the current state of
the Traffic Impact Fees (TIF) fund and whether or not the request by Meritage is
warranted. If there is an interest to reimburse full project values based on construction
costs, there may be a need to increase the TIF amount collected from developers.
10.C
Packet Pg. 74
Staff recommends that an update analysis be completed for the projects within the
Traffic Circulation Master Plan before modifying current PIAs for increased
reimbursement to developers. Once the project costs are updated, staff can determine
if the current and projected TIF revenue can fund current and future projects. If not,
staff will determine the value of adequate Traffic Impact Fees needed for
reimbursements to developers without burdening other city funds or future projects.
Staff has already begun this effort which is expected to be completed in three months
and will be followed by a presentation to council.
Staff also recommends an interim update to the Transportation Master Plan and
recalculation of the TIF fees if necessary.
If the Council decides to amend the PIA, then it should make findings establishing the
public benefit and/or the reasons why the City is amending it. The basis for findings is
that a PIA is a contract, and under basic contract principles consideration is necessary
for the contract to be binding and enforceable. If there is no consideration, then the
contract (or amendment) may not be enforceable or it could be seen as a gift.
ALTERNATIVES
Council has the following options with respect to this request:
1. Council may approve this request with no changes to the TIF or reimbursement
schedule. STAFF DOES NOT RECOMMEND THIS OPTION.
2. Deny request with no changes to the TIF Program or this particular PIA. STAFF
DOES NOT RECOMMEND THIS OPTION.
3. Deny request and direct staff to perform comprehensive analysis of the current TIF
program, the cost of projects as well as the Traffic Impact fee schedule. STAFF
RECOMMENDS THIS OPTION. For the reasons stated in the foregoing
recommendation section.
FISCAL IMPACT/FUNDING SOURCE
A modification to the Harvest Park 2, or any other PIA, without a provision to increase
the amount of TIF fees collected would put the long-term sustainability of the TIF
program in jeopardy as the fees currently being collected are based on a lesser
reimbursement value. Staff recommends a comprehensive analysis of current Traffic
Circulation Master Plan projects and a revision to their construction costs given current
market values. These updated estimates will be used to identify various reimbursement
options which, in turn, will drive the need for a corresponding value of TIF needed to be
collected from developers. These options will be presented to Council for consideration
in determination of the City’s TIF reimbursement policy.
TIF Fund Balance
10.C
Packet Pg. 75
The following table summarizes the current fund balance , projected TIF revenue as well
as anticipated reimbursements thru Fiscal Year 2020 (June 2020):
Traffic Impact Fee (TIF) Item Amount
Current TIF Fund balance $13,000,000
Anticipated revenue thru FY 19 (June 2019) $ 3,000,000
Cash Balance end of FY 19 $16,000,000
Projected Reimbursement Request thru FY 19 $(7,800,000)
Ending TIF Balance FY 19 (June 2019) $ 8,200,000
Anticipated TIF revenue in FY 20 (thru June
2020) $ 3,400,000
Projected Reimbursement Request in FY 20
(thru June 2020) $(2,900,000)
Ending TIF Balance FY 20 (thru June 2020) $ 8,700,000
A modification to the Harvest Park 2 by the amount of their request of $6,103,770 will
significantly reduce the projected FY 20 TIF fund balance to $2,596,230.
Attachments:
1. Harvest Park II PIA Amendment Request
2. Recorded Harvest Park II PIA
3. Reimbursement Requests Policy 2008
10.C
Packet Pg. 76
10.C.a
Packet Pg. 77 Attachment: Harvest Park II PIA Amendment Request (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.a
Packet Pg. 78 Attachment: Harvest Park II PIA Amendment Request (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 79 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 80 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 81 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 82 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 83 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 84 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 85 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 86 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 87 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 88 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 89 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 90 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 91 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 92 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 93 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 94 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 95 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 96 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 97 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 98 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 99 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 100 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 101 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 102 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.b
Packet Pg. 103 Attachment: Recorded Harvest Park II PIA (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.cPacket Pg. 104Attachment: Reimbursement Requests Policy 2008 (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.cPacket Pg. 105Attachment: Reimbursement Requests Policy 2008 (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.cPacket Pg. 106Attachment: Reimbursement Requests Policy 2008 (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.cPacket Pg. 107Attachment: Reimbursement Requests Policy 2008 (2079 : Harvest Park 2 PIA Amendment and TIF Update)
10.C.cPacket Pg. 108Attachment: Reimbursement Requests Policy 2008 (2079 : Harvest Park 2 PIA Amendment and TIF Update)
City of Gilroy
STAFF REPORT
Agenda Item Title: City Historian Volunteer Position Description
Meeting Date: March 4, 2019
From: Gabriel Gonzalez, City Administrator
Department: City Clerk
Submitted By: Shawna Freels
Prepared By: Shawna Freels
Mayor Roland Velasco
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 establ ishing a position
description for the City Historian.
BACKGROUND
Since 1977 the City Council has appointed a volunteer from the community to serve as
City Historian. The position requires a deep knowledge of the history of Gilroy as the
person serving in the role is relied upon to assist with historical queries for efforts such
as the placement of historical markers, assistance with Historic Heritage Committee
work, genealogy research for individuals, and research assistance for staff and the
press. Following a recent vacancy of the position, it was recognized that no formal
volunteer position description had ever been created to memorialize the position, and
no appointed term limit had been established.
ANALYSIS
10.D
Packet Pg. 109
The position of City Historian was created in 1977 and has traditionally been filled by
someone who is an active Gilroy Historical Society member and museum volunteer.
The position requires an engaged community member who is familiar with notable
residents - past and present, as they will be fielding many historical queries and
requests for genealogy information. In past years this person also served on the Street
Naming Committee to assist with historic research in evaluating potential street names.
The previously seated City Historian was appointed in 2001without a term limit. It wasn’t
until this person resigned in late 2018 that it was recognized that a position description
had not been created to distinguish the roles and responsibilities of this volunteer.
Additionally, no term had been assigned to this appointed seat.
The newly appointed City Historian Toby Echelberry has worked with the City Clerk’s
office to compile a position description for the Gilroy City Historian gleaned from a
variety of samples from across the Nation, with a proposed term of 4 years. Major
elements of the position are as follows:
1. Providing presentations to organizations and social groups
2. Developing an education program for school tours including history walks
3. Preparing and teaching adult educators in local and regional history
4. Providing articles on local history topics for local print, online and social media
5. Assisting in providing resource to the City’s Historic Heritage Committee
6. Support for the endeavors of the Gilroy Historic Society
7. Development and continuation of Heritage Tourism activities
CONCLUSION
Staff recommends that the City Council review and approve this new position
description as presented.
Attachments:
1. Resolution City Historian
2. City Historian Position Description2019draft
10.D
Packet Pg. 110
RESOLUTION NO. 2019-XX
RESOLUTION NO. 2019-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY ESTABLISHING A POSITION
DESCRIPTION FOR THE CITY HISTORIAN
WHEREAS, the role of the City Historian is to increase public awareness of the history
of the City and community of Gilroy. The City Historian provides interpretation of Gilroy’s past
by gathering and evaluating evidence, making thoughtful and appropriate generalizations, and
writing well-organized narratives; and
WHEREAS, the City Council of the City of Gilroy wishes to memorialize the duties of
the volunteer City Historian and establish a term limit for the appointed seat; and
WHEREAS, a City Historian position description has been prepared to distinguish these
particular roles and responsibilities and the essential skills and abilities of the position.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council has approved the
position of City Historian attached hereto as Exhibit “A”.
PASSED AND ADOPTED this 4th day of March, 2019 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
___________________________
ATTEST: Roland Velasco, Mayor
_________________________
Shawna Freels, City Clerk
10.D.a
Packet Pg. 111 Attachment: Resolution City Historian (2080 : City Historian Volunteer Position)
- 1 -
CITY OF GILROY
CITY HISTORIAN
VOLUNTEER POSITION DESCRIPTION
ROLE OF THE CITY HISTORIAN: The role of the City Historian is to increase public
awareness of the history of the City and community of Gilroy. The City Historian
provides interpretation of Gilroy’s past by gathering and evaluating evidence, making
thoughtful and appropriate generalizations, and writing well-organized narratives. Duties
may include:
1. Providing presentations to organizations and social groups
2. Developing an education program for school tours including history walks
3. Preparing and teaching adult educators in local and regional history
4. Providing articles on local history topics for local print, online and social media
5. Assisting in providing resource to the City’s Historic Heritage Committee
6. Support for the endeavors of the Gilroy Historic Society
7. Development and continuation of Heritage Tourism activities
Appointed Term of Office
The person appointed by the City Council to this volunteer position will serve for a four
(4) year term, with no term limits.
RESPONSILIBITIES: Responsibility to:
1. Acquire, prepare, record and reporting facts about historically significant Gilroy
related events and people.
2. Collaborate with the Gilroy Historic Society on discovery of Gilroy History
3. Collaborate with inter-city agencies, groups and other persons on historical
issues
4. Respond to inquiries on Gilroy history
5. Organize and direct commemoration of historical anniversaries and participate in
other civic or patriotic observations.
6. Coordinate historical research and subsequent presentation activities among City
agencies
7. Advocate for historic preservation and serve as a resource to the City on
questions relating to history and historic preservation.
8. Support the preparation of the cultural resources survey, identification of historic
structures and prepare nominations to the State and National register of Historic
Places.
9. Report to the City Council annual and as required on history-related issues
10.D.b
Packet Pg. 112 Attachment: City Historian Position Description2019draft (2080 : City Historian Volunteer Position)
- 2 -
KNOWLEDGE: Knowledge of:
1. Strong knowledge of Gilroy history
2. Sources for Gilroy history, including but not limited to people, collections, and
other data sources
3. Tools and techniques for historical research and writing
SKILLS AND ABILITIES: Ability to:
1. Communicate effectively both verbally and in writing.
2. Understand, interpret and catalog historical facts
3. Excellent interpersonal skills
4. Ability to analyze and interpret information
5. Working knowledge of computers and proficiency using computer databases,
supporting website development, and using computer file sharing services
FUNCTIONS
1. Research and Writing. The first and primary responsibly of the City Historian is
interpretation of the past. This involves research and writing on aspects of the
City for publication in books, magazines and newspapers.
2. Teaching and Public Presentations. As Historian, you may serve as a resource to
teachers in the fourth and seventh grade local history curriculum, as a content
consultant to speak and lecture to community groups, and you may participate in
radio and TV talk shows to disseminate local history.
3. Historic Preservation. Historians are advocates for historic preservation and a
resource to the Historic Heritage Committee and City Council on questions
relating to history and preservation. The Historian may be asked to support the
preparation of a cultural resources survey to identify historic structures and
prepare nominations to the State and National Register of Historic Places, and
historic marker programs.
4. Organization, Advocacy and Tourism Promotion. Historians are asked to
organize and direct the commemoration of historical anniversaries and to
participate in other civic or patriotic observations, and may participate in local
Heritage tourism activities.
WHAT A HISTORIAN IS NOT
1. The Historian is not an antiquarian. While the Historian may support the Gilroy
Historical Society or other agencies in these activities, the Historian does not
assemble or maintain collections or components of collections.
10.D.b
Packet Pg. 113 Attachment: City Historian Position Description2019draft (2080 : City Historian Volunteer Position)
- 3 -
2. The Historian is not an archivist. The Historian’s function is to support research
and make use of archival resources.
3. The Historian is not an event coordinator. The Historian has no formal
responsibility for activities such as parades and commemorations.
4. The Historian is not a genealogist. The use of genealogical information may be
used by the Historian but it is not part of the role to conduct genealogical
research on demand.
10.D.b
Packet Pg. 114 Attachment: City Historian Position Description2019draft (2080 : City Historian Volunteer Position)
City of Gilroy
STAFF REPORT
Agenda Item Title: Proposed Ordinance Promoting the Right to do Business in
Downtown and Promulgating Deed Notifications as a Condition of
Discretionary Development Permits and Transfers of Property
Meeting Date: March 4, 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
Receive report and provide direction to staff.
EXECUTIVE SUMMARY
Residential and commercial uses sometimes conflict resulting in costly court battles and
wasted time for code enforcement officials, city staff, and all parties involved.
A stated ordinance outlining the City Council’s position to protect business interests and
outline procedures to help resolve disputes may add value to downtown businesses, the
City of Gilroy, and residents. A draft of such an ordinance is attached to this report.
POLICY DISCUSSION
The question before council is: “should the City proceed in drafting an ordinance to
protect the business interests in the Downtown by promulgating deed notifications to
residential uses?”
10.E
Packet Pg. 115
BACKGROUND
Over the last several months, the City Council has provided direction for staff to pursue
a variety of economic development related activities and, in a broader view, expressed
an interest in expanding the City's overall economic de velopment role.
During the November 26th Study Session on Economic Development, the City Council
directed staff to look into a means of promoting the right for downtown businesses to
conduct business. Staff has reviewed policies from other cities and downtown
association and working with the City Attorney has prepared a draft ordinance for the
Council’s review.
ANALYSIS
Residential and commercial uses sometimes conflict resulting in costly court battles and
wasted time for residents, small business owners, code enforcement officials, city staff,
and all parties involved. A stated ordinance outlining the City Council’s position to
protect business interests and outline procedures to help resolve disputes may add
value to downtown businesses, the City of Gilroy, and residents.
Such an ordinance would help primarily by avoiding the use of the court system to
resolve conflicts. The proposed mechanism to resolve disputes is a waiver/deed
restriction that residents would have to sign if they are moving into the downtown. The
waiver would outline dispute resolution steps. Staff anticipates an ordinance to promote
downtown businesses and creating deed restrictions would have the following
purposes:
• State the intention of the Council to protect business operations in downtown
• Set expectations of property owners, tenants, residents, and users that the
downtown is a vibrant activity center that may not be conducive to a quite
living situation
• Promote a good neighbor policy between uses
• Encourage the use of mediation and dispute resolution rather than expensive
court proceedings
• Promote ongoing communication
The proposed ordinance would be implemented by way of the following logistics:
• Any permit relating to property located in downtown, as a condition of approval,
each parcel owner shall record a notification deed outlined in the city code.
The notification must also be adopted in any subsequent leases and
transfers.
10.E
Packet Pg. 116
• The notice provided is intended to advise property owners, tenants and users of
property within the downtown the inherent impacts and inconveniences
associated with purchase, tenancy or use of property in the downtown.
• The ordinance adopted would have the specific language for the proposed
“Notice of right to downtown operations”
• The ordinance would state that “properly operated downtown operations are not
a nuisance under California Civil Code Section 3479”
• The ordinance would stipulate dispute resolution mechanisms.
• Every developer or property or business owner in the downtown would be
required as a condition of approval to provide contact information for a
community liaison.
ALTERNATIVES
1. Direct staff to proceed with introduction of proposed City of Gilroy Ordinance for
Promoting the Right to do Business in Downtown Gilroy. STAFF
RECOMMENDS THIS OPTION. As stated above in the analysis section such an
ordinance would potential avoid conflict between residential and commercial
uses.
2. Do not introduce proposed City of Gilroy Ordinance for Promoting the Right to do
Business in Downtown Gilroy. STAFF DOES NOT RECOMMEND THIS
OPTION.
FISCAL IMPACT/FUNDING SOURCE
No fiscal impact or funding source has been identified. If the council directs staff to bring
back an ordinance for consideration of adoption, then it would require staff time.
CONCLUSION
An Ordinance for Promoting the Right to do Business in Downtown Gilroy would declare
the intention of the Council to protect business operations in downtown while also being
considerate of residents in the downtown area. It would also outline procedures for staff
to promulgate deed notifications for any future residential building permit.
NEXT STEPS
If approved, staff will introduce the proposed Ordinance for Promoting the Right to do
Business in Downtown Gilroy and the ancillary documents, such as the deed
notifications and guidelines. Staff will notice residents and businesses as well as
schedule a public hearing.
PUBLIC OUTREACH
In order to formulate a balanced approach with broad based community support, staff
10.E
Packet Pg. 117
has collaborated with the Downtown Business Association, the California Downtown
Association, and the Chamber of Commerce, and has also conducted outreach with
residential property managers in the downtown area.
Attachments:
1. Ordinance Right to Downtown Operations v4
10.E
Packet Pg. 118
-1-
Ordinance No. 2019-__ 4842-2384-8584v4
CCHU\04706083
ORDINANCE NO. 2019-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING THE GILROY CITY CODE BY
ADDING A NEW SECTION 30.50.70 ENTITLED “ RIGHT TO
DOWNTOWN OPERATIONS”
WHEREAS, pursuant to California Constitution article XI, section 7, and the City
Charter, section 600, the City Council has the authority to enact and enforce within its limits
ordinances and regulations not in conflict with general laws, which promote the public health,
safety, and general welfare of its residents; and
WHEREAS, the City seeks to promote the continued growth, vibrance, and vitality of the
businesses and operations in the Downtown Specific Plan area; and
WHEREAS, the City finds that requiring a deed notification as a condition of approval of
any discretionary development permit, that notifies existing and future property owners, tenants,
and users of real property in the Downtown Specific Plan area of the inconveniences and impacts
they may experience from lawful or permitted Downtown uses and activities, including but
without limitation loud noises, odors, and traffic congestions, will help to achieve this objective;
and
WHEREAS, the City also finds that recordation of such notice, and the requirement that
the notice be provided to transferees, as defined in this Ordinance, will reduce potential conflict
and dispute between property owners, tenants, and users of real property in the Downtown
Specific Plan area, and businesses or entities engaging in lawful Downtown operations, as
defined in this Ordinance; and
WHEREAS, the City Council finds that this Ordinance is not subject to the California
Environmental Quality Act ("CEQA," Public Resources Code sections 21000 et seq.), because
it will not result in a direct or reasonably foreseeable indirect physical change in the
Draft for discussion only
10.E.a
Packet Pg. 119 Attachment: Ordinance Right to Downtown Operations v4 (1944 : Right to do Business in Downtown)
-2-
Ordinance No. 2019-__ 4842-2384-8584v4
CCHU\04706083
environment, and it does not have the potential to result in a physical change to the
environment, directly or indirectly (Title 14, Chapter 3 of the California Code of Regulations
"CEQA Guidelines," sections 15060(c)(2) and (3)).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Chapter 30, of the Gilroy City Code entitled “Zoning Ordinance” is hereby amended by
adding Section 30.50.70, relating to permitted uses and operations in the Downtown Specific
Plan area. Except as provided herein, no other amendments, deletions or additions are made to
Chapter 30 of the Gilroy City Code.
30.50.70 Right to Downtown Operations
(a) Purpose.
(1) Notify property owners, tenants and users of property within the Downtown
Specific Plan area of the vibrant, active Downtown environment, the revitalization
efforts and public improvements occurring Downtown, the special events and
community and business activities that are part of the vitality of the Downtown,
and the expectations and responsibilities associated with owning, purchasing,
renting or making other use of property within a vibrant, active downtown
environment;
(2) Protect all permitted uses from potential conflicts with one another due to the
inherent impacts and inconveniences associated with permitted operations in the
Downtown Specific Plan area;
(3) Promote a good neighbor policy between uses operating in the Downtown
Specific Plan area by advising purchasers, tenants and users of property of the
potential impacts associated with such purchase, occupation, operation or use
including, but not limited to, sounds, odors, traffic, light and glare, pedestrian
activity, music, festivals, street construction and closures, traffic rerouting,
railroad operations, outdoor sales, trash and recycling collection activities, 24-
hour activity and other permitted uses that may occur within the Downtown
Specific Plan area, so that such purchasers, tenants and users will understand,
acknowledge, and be prepared to accept, such impacts;
(4) Encourage the use of dispute resolution, rather than expensive court proceedings,
to amicably resolve any complaints about Downtown operations; and
(5) Promote ongoing communication between all property owners, tenants and users
of property within the Downtown Specific Plan area.
10.E.a
Packet Pg. 120 Attachment: Ordinance Right to Downtown Operations v4 (1944 : Right to do Business in Downtown)
-3-
Ordinance No. 2019-__ 4842-2384-8584v4
CCHU\04706083
(b) Definitions.
(1) “Downtown operations” means any activity, use, facility or operation associated
with a permitted temporary or permanent use occurring within the boundaries of
the Downtown Specific Plan, as well as any lawful public uses. Downtown
operations and their associated impacts include, but are not limited to, the
following:
Music, dancing, singing, and voices associated with permitted uses and
Downtown activities;
Odors associated with operation of restaurants and other businesses;
High levels of traffic and traffic congestion;
Increased vehicular traffic from special events and other activities;
Street construction, closures and traffic re-routing, including exclusion of
vehicle access during certain times due to festivals, parades or other
special events;
Railroad operations, including increased rail activity associated with
passenger rail operations;
Outdoor sales of merchandise and outdoor restaurant seating;
Festivals, parades and/or cultural events which may result in gatherings of
large groups of people, street closures, parking impacts, noise, odors and
other impacts;
Increased levels of pedestrian activity;
Operation of delivery trucks and vans, trash and recycling collection
trucks, and other such vehicles;
Impacts associated with artists’ studios and spaces, including noise, odors,
and vibration;
General increases in activity levels occurring on a 24-hour basis, including
increases in noise and other impacts during late night and early morning
hours;
High levels of nighttime lighting and illumination;
Trash collection, including trash collection before 6:00 a.m.
(2) “Downtown” or “Downtown Specific Plan area” means the land within the
boundaries identified by the Gilroy Downtown Specific Plan, as the same may be
amended from time to time.
(3) “Notice of Right to Downtown Operations” means that notice required pursuant
to section (e) of this Ordinance.
(4) “Person” means any person, firm, association, organization, partnership, business
trust, corporation or company.
10.E.a
Packet Pg. 121 Attachment: Ordinance Right to Downtown Operations v4 (1944 : Right to do Business in Downtown)
-4-
Ordinance No. 2019-__ 4842-2384-8584v4
CCHU\04706083
(5) “Property” means any real property located within the Downtown Specific Plan
area limits, including property intended for residential, commercial, business,
public purposes and other uses.
(6) “Tenant” means any person holding a written or an oral lease of, or who occupies
the whole or a part of such building or land, either alone or with others.
(7) “Transfer” means the sale, lease, trade, exchange, rental or gift of property.
(8) “Transferee” means any buyer or tenant of property or person who receives
property pursuant to a transfer.
(9) “Transferor” means the owner and/or transferor of title of real property or seller’s
authorized selling agent as defined in Business and Professions Code Section
10130 et seq., or Health and Safety Code Section 18006, or a landlord/sublessor
leasing or renting real property to a tenant.
(c) Deed Notification Requirements. As a condition of approval of any discretionary
development permit, including, but not limited to, tentative subdivision and parcel maps,
and conditional use permits relating to property located within the Downtown Specific
Plan area, every property owner shall record the deed notification provid ed in the Notice
of Right to Downtown Operations on the property for which the discretionary
development permit is issued. This section does not apply to the approval of a temporary
use license. The Notice of Right to Downtown Operations shall be included in all
subsequent deeds and leases for this property until such time as the property is no longer
located within the Downtown Specific Plan area.
(d) Notification to Transferees. Every transferor of property, as transferor is defined herein,
subject to the requirements of section (c) of this Ordinance, shall upon transfer also
provide to any transferee the Notice of Right to Downtown Operations. The Notice of
Right to Downtown Operations may be contained in any form of agreement or contract;
however, the notice need be given only once in any transaction. The transferor and
transferee shall provide each other with written acknowledgement of delivery and receipt
of the notice.
(e) Notice of Right to Downtown Operations. The notice provided in this subsection is
intended to advise property owners, tenants and users of property within the Downtown
Specific Plan area of the inherent impacts and inconveniences associated with purchase,
tenancy or use of property in the Downtown Specific Plan area; and the content of the
notice herein may from time to time be changed by City Council resolution. Failure to
give the notice required by this subsection shall not invalidate any transfer. The notice
shall be provided as required by sections (c) and (d) of this Ordinance, and shall read as
follows:
NOTICE OF RIGHT TO DOWNTOWN OPERATIONS
10.E.a
Packet Pg. 122 Attachment: Ordinance Right to Downtown Operations v4 (1944 : Right to do Business in Downtown)
-5-
Ordinance No. 2019-__ 4842-2384-8584v4
CCHU\04706083
The City of Gilroy permits the operation of a variety of residential, business,
cultural, civic and other activities within the Downtown Specific Plan area.
You are hereby notified that the property you own, are renting, leasing, using,
occupying or acquiring an interest in is located within the Downtown Specific Plan area.
You may be subject to impacts, including inconvenience and discomfort, from lawful
activities occurring within the Downtown Specific Plan area. Impacts may include, but
are not limited to: Noise from music, dancing and voices associated with permitted
Downtown uses and activities, odors associated with restaurants, business operations and
special events, traffic congestion, street closures and traffic rerouting, exclusion of
vehicle access to certain areas during special events, increased pedestrian activity, trash
and recycling collection, including trash and recycling collection before 6 a.m., railroad
operations, including rail activity associated with passenger rail operations, outdoor sales
of merchandise and outdoor restaurant seating, festivals, parades and other civic and
cultural activities, generally high activity levels occurring on a 24-hour basis, including
impacts during late night and early morning hours, high levels of lighting and
illumination, and noise and other impacts associated with the operation of any permitted
use located in the Downtown Specific Plan area.
One or more of the inconveniences described above may occur as a result of
Downtown operations and activities which are in compliance with existing laws and
regulations and accepted customs and standards. If you own, lease, rent or otherwise
utilize property within the Downtown Specific Plan area, you should be prepared to
accept such inconveniences or discomfort as a normal and necessary aspect of owning,
living in, operating a business in, or otherwise utilizing an area with a vibrant downtown
character.
The City of Gilroy’s Right to Downtown Operations Ordinance does not exempt
Downtown businesses or other participants in Downtown activities from compliance with
the law. Should any business or person not comply with appropriate State, Federal or
local laws, legal recourse may be possible by, among other ways, contacting the
appropriate agency. This notification is given in compliance with Section 30.50.70 of the
Gilroy City Code.
(f) Compliance With All Applicable Laws. Downtown operations shall comply with all
State, Federal and local laws and regulations applicable to the operations, including
applicable noise and other operational standards contained in the City’s general plan
and/or Downtown Specific Plan. Downtown operations that so comply shall not be
deemed a nuisance under any applicable law or regulation.
(g) Resolution of Disputes. Any dispute or controversy that arises regarding inconveniences
or discomforts occasioned by Downtown activities, operations, facilities, or uses should
be settled by direct negotiation of the parties involved. Any such dispute or controversy
that cannot be settled by direct negotiation of the parties involved should be submitted to
a private mediator, a community mediation service, or another agency which provides
dispute resolution services prior to the filing of any court action. Any costs associated
10.E.a
Packet Pg. 123 Attachment: Ordinance Right to Downtown Operations v4 (1944 : Right to do Business in Downtown)
-6-
Ordinance No. 2019-__ 4842-2384-8584v4
CCHU\04706083
with negotiation, mediation or dispute resolution pursuant to this section shall be borne
by the parties.
(h) Designated Contact. Every developer or owner of commercial, residential, or other
property within the Downtown Specific Plan area, consisting of two or more residence,
business or tenant spaces, shall, as a condition of approval of any discretionary
development permit (including, but not limited to, tentative subdivision and parcel maps,
and conditional use permits) relating to property located within the Downtown Specific
Plan area, designate an information contact representative. The representative shall be
available to disperse information distributed by the City or other public or quasi-public
organizations, to tenants or property owners within the development. This role may be
undertaken by the property owner, or a representative from a homeowner’s association, a
property management company or other similar organization.
SECTION II
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council of the City of Gilroy hereby
declares that it would have passed and adopted this ordinance, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION III
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 COUNCIL OF THE CITY OF GILROY
this ___ day of March 2019 , by the following vote:
AYES: COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST: APPROVED:
_______________________ ________________________
Shawna Freels, City Clerk Roland Velasco, Mayor
10.E.a
Packet Pg. 124 Attachment: Ordinance Right to Downtown Operations v4 (1944 : Right to do Business in Downtown)
-7-
Ordinance No. 2019-__ 4842-2384-8584v4
CCHU\04706083
10.E.a
Packet Pg. 125 Attachment: Ordinance Right to Downtown Operations v4 (1944 : Right to do Business in Downtown)