Loading...
HomeMy WebLinkAbout04/01/2019 City Council - Regular Meeting Packet April 1, 2019 4:49 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, APRIL 1, 2019 CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Persons wishing to address the Council are requested, but not required, to complete a Speaker’s Card located at the entrances. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. A minimum of 12 copies of materials should be provided to the City Clerk for distribution to the Council and Staff. Please limit your comments to 3 minutes. In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk a minimum of 72 hours prior to the meeting at (408) 846-0204. A sound enhancement system is also available for use in the City Council Chambers. If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure. A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City. Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of Ad ministration 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 04/1/2019 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 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.) A. Valley Transportation Authority (VTA) Presentation of NewTransit Service Plan B. Annual Presentation by Gilroy Gardens Family Theme Park City Council Regular Meeting Agenda 04/1/2019 Page3 IV. REPORTS OF COUNCIL MEMBERS Council Member Bracco – Gilroy Downtown Business Association Board (alternate), Gilroy Sister Cities Association (alternate), Santa Clara Co. Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Joint Planning Advisory Committee (alternate), South County Regional Wastewater Authority, South County Youth Task Force Policy Team (alternate), Street Naming Committee Council Member Tucker –CalTrain Policy Group, General Plan Advisory Committee, Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, Street Naming Committee, Visit Gilroy Board Council Member Blankley - ABAG, Cities Association of Santa Clara Co. Board of Directors (alternate), Economic Development Corporation Board, Gilroy Sister Cities Association, Gilroy Youth Task Force (alternate), SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Regional Wastewater Authority, VTA Board of Directors Alternate, VTA Policy Advisory Committee, VTA South County City Group Council Member Marques - Gilroy Downtown Business Association Board, Santa Clara Valley Habitat Agency Governing Board (alternate), Santa Clara Valley Habitat Agency Implementation Board (alternate), Silicon Valley Clean Energy JPA Board (alternate), URM Task Force Sub-Committee, VTA Committee for Transit Accessibility (alternate) Council Member Tovar –Santa Clara Co. Expressway Plan 2040 Policy Advisory Board, Santa Clara Co. Library JPA (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCVWD Water Committee (alternate), Silicon Valley Clean Energy JPA Board, South County Regional Wastewater Authority, South County United for Health, Street Naming Committee, VTA Committee for Transit Accessibility, VTA Policy Advisory Committee (alternate) Council Member Leroe-Muñoz - ABAG (alternate), CalTrain Policy Group (alternate), Gilroy Youth Task Force, Historic Heritage Committee, SCVWD Water Committee, Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force Policy Team, VTA Mobility Partnership Mayor Velasco - Cities Association of Santa Clara Co. Board of Directors, Economic Development Corporation Board, General Plan Advisory Committee, Gilroy Gardens Board of Directors, Historic Heritage Committee (alternate), South County Joint Planning Advisory Committee, South County Regional Wastewater Authority (alternate), URM Task Force Sub-Committee, VTA Mobility Partnership, VTA South County City Group (alternate) V. FUTURE COUNCIL INITIATED AGENDA ITEMS VI. CONSENT CALENDAR (ROLL CALL VOTE) All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the 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 04/1/2019 Page4 A. Minutes of the March 18, 2019 Regular Meeting B. Adoption of a Resolution of the City Council of the City of Gilroy to Remove On-street Parking Along Portions of State Route 152 (First Street and Monterey Street) in Conjunction with the Caltrans Paving Project C. Approval of Notice of Acceptance of Completion for the Fire Hydrant Painting and Identification Tags Project No. 18-PW-243-2 D. Adoption of an Ordinance of the City Council of the City of Gilroy Rezoning a +/-103-acre Site Located Northeast of Bolsa Road, Assessor Parcel Numbers (APNs) 841-31-003, 841-31-019, and 841-31-022, from Open Space (OS) to Commercial Industrial (CM) (introduced 3/18/19 with a 7-0 vote) E. Claim of Rosa Olivia Dominguez Conde (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) F. Claim of Roy Swenson (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) G. Proclamation Honoring Doeri Welch During the Poppy Jasper International Film Festival H. Proclamation for Retiring Firefighter Paramedic Jim Dempsey I. Acceptance of the 2018 General Plan Annual Report VII. BIDS AND PROPOSALS A. Amendment to the Agreement with Granite Rock Company for the Ronan Channel Trail West Branch Llagas Creek Trail Construction Project Number 15-PW-228, and Approval of Budget Amendment in the Amount of $185,000 1. Staff Report: Girum Awoke, Public Works Director 2. Public Comment 3. Possible Action: a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2018-2019 and appropriating proposed expenditure amendments. b) Approve an amendment to the contract with the Granite Rock Company in the amount of $185,000 including a 10% contingency for the Ronan Channel Trail, West Branch Llagas Creek Trail Project, and authorize the City Administrator to execute the amendment and associated documents. B. Amendment to the Agreement with TRC Solutions, Inc. in the Amount of $192,319 for Construction Management Services for Ronan Channel Trail, Project No. 15-PW-228, and Approval of Budget Amendment in the Amount of $192,319 City Council Regular Meeting Agenda 04/1/2019 Page5 1. Staff Report: Girum Awoke, Public Works Director 2. Public Comment 3. Possible Action: a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2018-2019 and appropriating proposed expenditure amendments. b) Approve an amendment to the agreement with TRC Solutions, Inc. in the amount of $192,319 for construction management services for the Ronan Channel Trail Project and extending the term through June 30, 2020 and authorize the City Administrator to execute this amendment and associated documents. C. Award of a Contract in the Amount of $150,998 to 4LEAF, Inc. for Construction Management Services for the Citywide Pavement Maintenance Phase II Project No. 19-RFP-PW-422 and Approval of a Budget Amendment in the Amount of $57,695 1. Staff Report: Nirorn Than, Engineer 1 2. Public Comment 3. Possible Action: a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2018-2019 and appropriating proposed expenditure amendments. b) Approve a contract with 4LEAF, Inc. in the amount of $137,271 for construction management services for the citywide pavement maintenance phase II project, No. 19-RFP-PW -422, establish a project contingency of $13,727 (10%), and authorize the City Administrator to execute the contract and associated documents. VIII. PUBLIC HEARINGS A. Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Ordering the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code 1. Staff Report: Kristi Abrams, Community Development Director 2. Disclosure of Ex-Parte Communications 3. Open Public Hearing 4. Close Public Hearing 5. Possible Action: Adopt a Resolution of the City Council of the City of Gilroy ordering the Fire Chief to abate the nuisance arising out of weeds growing and refuse accumulating upon property in the City of Gilroy, pursuant to Section 12.51 of the Gilroy City Code. IX. UNFINISHED BUSINESS City Council Regular Meeting Agenda 04/1/2019 Page6 X. INTRODUCTION OF NEW BUSINESS A. Fiscal Year 2018-2019 Mid-Year Budget Update and Approval of Increasing Appropriations from the Public Facilities Impact Fee Fund by $1.5 million and Water and Wastewater Funds by $55,444 1. Staff Report: Jimmy Forbis, Finance Director 2. Public Comment 3. Possible Action: a) Receive the report. b) Adopt a resolution of the City Council of the City of Gilroy amending the budget for Fiscal Year 2018-2019 and appropriating proposed expenditure amendments. B. Presentation of the Draft 2019 Strategic Plan 1. Staff Report: Gabriel Gonzalez, City Administrator 2. Public Comment 3. Possible Action: Receive report and provide direction to staff. C. Presentation By EMC Research to Initiate Community-Wide Polling to Measure Resident Satisfaction of City Services 1. Staff Report: Gabriel Gonzalez, City Administrator 2. Public Comment 3. Possible Action: Receive report. XI. CITY ADMINISTRATOR'S REPORTS XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec.17A.8 (a) (2) Property: 3050 Hecker Pass Highway, APN’s 783-05-011; -012; -013;810-17-014;-015; -021; -024; -025; - 026; -029; 810-18-002; -010; -011;801-19-005; -007; -010; -011; -014 (Gilroy Gardens) Negotiators: Gabriel Gonzalez, City Administrator; Other Party to Negotiations: Greg Edgar; Negotiating Price and Terms B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec.17A.8 (a) (2) Property: 140 Fifth Street, Gilroy (Willey House) Negotiators: Gabriel Gonzalez, City Administrator; Other Party to Negotiations: Gary Walton; Negotiating Price and Terms 1. Public Comment on Closed Session Items 2. Adjourn to Closed Session ADJOURN TO OPEN SESSION City Council Regular Meeting Agenda 04/1/2019 Page7 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 closed session if required under Gilroy Code Section 17A.11 (5) ADJOURNMENT MEETING DATES 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 1 City Council Meeting Minutes 03/18/2019 City of Gilroy City Council Meeting Minutes March 18, 2019 SPECIAL MEETING - INTERVIEWS 5:30 P.M. Call to Order and Roll Call Mayor Velasco called the meeting to order at 5:33 p.m. Attendee Name Title Status Arrived Mayor Roland Velasco Mayor Present 5:33 PM Marie Blankley Council Member Present 5:33 PM Dion Bracco Council Member Present 5:33 PM Peter Leroe-Muñoz Council Member Absent Carol Marques Council Member Absent Fred Tovar Council Member Present 5:26 PM Cat Tucker Council Member Present 5:29 PM Interviews for Open Seats on the Arts and Culture Commission, Community and Neighborhood Revitalization Committee, Housing Advisory Committee and Parks and Recreation Commission The Council interviewed applicants. The special meeting was adjourned at 5:48 p.m. REGULAR MEETING 6:00 P.M. I. OPENING A. Call to Order The meeting was called to order at 6:00 PM by Mayor Roland Velasco 1. Pledge of Allegiance Mayor Velasco led the pledge of allegiance. 2. Invocation There was no invocation. 3. City Clerk's Report on Posting the Agenda City Clerk Shawna Freels reported that the agenda had been posted on March 13, 2019 at 5:25 p.m. Attendee Name Title Status Arrived Mayor Roland Velasco Mayor Present 5:36 PM Marie Blankley Council Member Present 5:33 PM Dion Bracco Council Member Present 5:33 PM Peter Leroe-Muñoz Council Member Present 6:03 PM Carol Marques Council Member Present 5:53 PM 6.A Packet Pg. 8 Communication: Minutes of the March 18, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 2 City Council Meeting Minutes 03/18/2019 Fred Tovar Council Member Present 5:26 PM Cat Tucker Council Member Present 5:29 PM B. Orders of the Day Mayor Velasco requested that Item X.A. be moved up the agenda following the consent calendar. The Council agreed to move the item. C. Employee Introductions Public Works Director Awoke introduced newly promoted employee Michael Guerrero. Police Chief Smithee introduced newly hired Public Safety Communicator Trainee Cassandra Inman. Finance Director Forbis introduced newly promoted Accounting Technician Norma Riviera. II. CEREMONIAL ITEMS A. Proclamations, Awards, and Presentations There were none. III. PRESENTATIONS TO THE COUNCIL There were no public comments on items not on the agenda. A. Presentation to Council by Silicon Valley Clean Energy The Council received the presentation. IV. REPORTS OF COUNCIL MEMBERS Council Member Blankley reported on the VTA Policy Committee meeting and the upcoming VTA presentation on April 1st. She announced the Sister Cities fundraiser and her upcoming meeting with County Supervisor Wasserman. Council Member Marques reported on the Downtown Cities Association meeting and announced several of the downtown events and ideas for downtown dining. Council Member Tovar spoke on the earlier presentation by Silicon Valley Clean Energy and then detailed activities with downtown businesses Council Member Leroe-Muñoz spoke on the continued SVRIA work with PG &E and detailed the success of the Mayor's State of the City Address. He concluded by announcing that he would not be present at the April 1, 2019 meeting. Mayor Velasco spoke on his State of the City Address, and described the success of the City's Volunteer reception. He concluded by announcing the upcoming VTA Mobility Partnership meeting later in the month. V. FUTURE COUNCIL INITIATED AGENDA ITEMS Mayor Velasco suggested agendizing an item on the waiving fees for URM buildings to provide incentives to them for repair of their buildings. 6.A Packet Pg. 9 Communication: Minutes of the March 18, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 3 City Council Meeting Minutes 03/18/2019 The Council agreed to agendize the item. VI. CONSENT CALENDAR (ROLL CALL VOTE) RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker A. Minutes of the March 4, 2019 Regular Meeting B. Acceptance of the Fiscal Year 2018 Federal Single Audit C. Claim of Jesus Martinez (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) VII. BIDS AND PROPOSALS A. Award of an Agreement to 4LEAF, Inc. in the Amount of $375,000 for Construction Management and Inspection Services for the First Street Water Line Replacement Project, 16-PW-217 The staff report was presented by Public Works Director Awoke. There were no public comments. Possible Action: Award agreement to 4LEAF, Inc. in the amount of $375,000 for construction management and inspection services for the First Street water line replacement project 16-PW-217, and authorize the City Administrator to execute the agreement and related documents. RESULT: APPROVE [UNANIMOUS] MOVER: Fred Tovar, Council Member SECONDER: Cat Tucker, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker VIII. PUBLIC HEARINGS A. Zoning Amendment Request From Open Space (OS) to Commercial Industrial (CM) for a 103+/- Acre Site Located Northeast of Bolsa Road, APN 841-31-003, 841-31-019 and 841-31-022, Commonly Known as the Barberi and Denice/Filice Properties. Applicant George Renz of Renz & Renz. (Z 18- 08) The staff report was presented by Planner II Durkin. Mayor Velasco announced that he had met with the realtor broker of property owner Mr. Renz who had described a potential business. The public hearing was opened. Applicant representative Rob Onetto spoke on the history of the property. The public hearing was then closed. 6.A Packet Pg. 10 Communication: Minutes of the March 18, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 4 City Council Meeting Minutes 03/18/2019 Possible Action: Motion to read the ordinance by title only and waive further reading. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker x Zoning Amendment Request From Open Space (OS) to Commercial Industrial (CM) for a 103+/- Acre Site Located Northeast of Bolsa Road, APN 841-31-003, 841-31-019 and 841-31-022, Commonly Known as the Barberi and Denice/Filice Properties. Applicant George Renz of Renz & Renz. (Z 18- 08) Possible Action: Motion to introduce an ordinance of the City Council of the City of Gilroy rezoning a 103+/- acre site located northeast of Bolsa Road, APN 841-31- 003, 841-31-019 and 841-31-022 from Open Space (OS) to Commercial Industrial (CM) (Z 18-08) RESULT: APPROVE [UNANIMOUS] MOVER: Marie Blankley, Council Member SECONDER: Peter Leroe-Muñoz, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker IX. UNFINISHED BUSINESS A. Report and Update on the Request by Meritage Homes to Modify Property Improvement Agreement 2015-06 for the Harvest Park II Development The staff report was presented by Public Works Director Awoke. Council Members Bracco, Tucker, Blankley, Tovar and Leroe Muñoz each announced that they had individual conversations with the developer, but had not learned anything in addition to what had been presented. Public comment was opened. James Suner spoke in detail on the development including the design and construction of the bridge, asking Council to reimburse the developer for the costs of the bridge. John Bayless of Meritage Homes detailed construction costs of the project and spoke on the fees in the property improvement agreement, requesting that the City provide an adequate reimbursement for the costs of the public infrastructure built by Meritage. Andrew Sabey, attorney for Meritage Homes, stated that his client should be reimbursed for the public infrastructure costs that were incurred by his client 6.A Packet Pg. 11 Communication: Minutes of the March 18, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 5 City Council Meeting Minutes 03/18/2019 describing the city's responsibility to reimburse the developer for public infrastructure costs. Ron Kirkish spoke on his conversation with the developer asking the Council to understand the position of the developer. Public comment was then closed. Possible Action: a) Direct staff to conduct an 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 for Council review in 90 days. RESULT: APPROVE [4 TO 3] MOVER: Carol Marques, Council Member SECONDER: Cat Tucker, Council Member AYES: Mayor Roland Velasco, Peter Leroe-Muñoz, Carol Marques, Cat Tucker NAYS: Marie Blankley, Dion Bracco, Fred Tovar B. Appointments to the Arts and Culture Commission, Community and Neighborhood Revitalization Committee, Housing Advisory Committee and Parks and Recreation Commission There were no public comments. Possible Action: Appoint Members to the Arts and Culture Commission, Community and Neighborhood Revitalization Committee, Housing Advisory Committee and Parks and Recreation Commission. RESULT: APPROVE [UNANIMOUS] MOVER: Cat Tucker, Council Member SECONDER: Carol Marques, Council Member AYES: Velasco, Blankley, Bracco, Leroe-Muñoz, Marques, Tovar, Tucker X. INTRODUCTION OF NEW BUSINESS A. Report on Quality of Life and Homelessness Plan The staff report was presented by Police Chief Smithee. Public comment was opened. Jan Berstein Chargin spoke on the Compassion Center work with the homeless, funding and the dramatic impact in west coast homeless. She shared her support for the new city position and described the new county solutions for homeless camping program and tiny home village in Morgan Hill. Robert Stromberg of Destination Home described measure A funding for homeless, and detailed the "new" homelessness and needs for very low income housing. 6.A Packet Pg. 12 Communication: Minutes of the March 18, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) 6 City Council Meeting Minutes 03/18/2019 Possible Action: Receive report. XI. CITY ADMINISTRATOR'S REPORTS City Administrator Gonzalez reported that the encroachment permit for 1st street had been issued. XII. CITY ATTORNEY'S REPORTS XIII. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION; Paragraph (1) of Subdivision (d) of 54956.9 and Gilroy City Code Section 17A.11(3)(a); Case Name: Patricia Harrell v. City of Gilroy, et al.; Santa Clara Co. S uperior Court, Case No. 17VC314125, Filed August 7, 2017 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9, and Gilroy City Code Section 17A.11 (3) (b) One (1) Case as Defendant There were no public comments. ADJOURNMENT The Council adjourned at 10:18 p.m. /s/ Shawna Freels, MMC City Clerk 6.A Packet Pg. 13 Communication: Minutes of the March 18, 2019 Regular Meeting (CONSENT CALENDAR (ROLL CALL VOTE)) City of Gilroy STAFF REPORT Agenda Item Title: Adoption of a Resolution of the City Council of the City of Gilroy to Remove On-street Parking Along Portions of State Route 152 (First Street and Monterey Street) in Conjunction with the Caltrans Paving Project Meeting Date: April 1, 2019 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Julie Oates Girum Awoke Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service  Enhanced Public Safety RECOMMENDATION Adopt a resolution of the City Council of the City of Gilroy to remove on -street parking along portions of State Route 152 (First Street and Monterey Street), from west of Santa Teresa Boulevard to Leavesley Road, in conjunction with the Caltrans First Street Pavement Rehabilitation and Street Reconfiguration Project. BACKGROUND The First Street Water Line Project, which extends along First Street (State Route 15 2) between Santa Teresa Boulevard and Monterey Street, is currently under construction and is expected to be completed in the summer of 2019. After the completion of the First Street Water Line Project, the California Department of Transportation (Caltrans) is scheduled to perform a pavement preventive maintenance project, which City staff is referring to as the Caltrans First Street Pavement Rehabilitation and Street Reconfiguration Project (Caltrans Project ID 0417000019). 6.B Packet Pg. 14 The limits of the Caltrans project extend along State Route 152 from approximately 1,800 feet west of Santa Teresa Boulevard to the US 101 / Leavesley Road interchange (including all of First Street and portions of Monterey Road and Leavesley Road). In addition to pavement rehabilitation, the Caltrans project also includes minor storm drain, sidewalk, ADA ramp, and driveway improvements, as well as signal modifications and lane restriping at various locations. Dedicated right-turn lanes will also be added at selected locations by restriping traffic lanes and removing adjacent on-street parking. The Caltrans project is also proposed to incorporate “complete streets” features. Caltrans describes a complete street as “a transportation facility that is planned, designed, operated, and maintained to provide safe mobility for all users, including bicyclists, pedestrians, transit vehicles, truckers, and motorists, appropriate to the function and context of the facility”. The proposed complete streets features for First Street and a portion of Monterey Street include Class II buffered bike lanes, green bike lane striping at conflict points, high-visibility crosswalks, and pedestrian activated traffic control devices which include the Rectangular Rapid Flashing Beacon (RRFB) and High intensity Activated crossWalK (HAWK) beacon. The addition of Class II bike lanes on First Street will provide an important east-west connection to the overall citywide bicycle network, will support the 2005 Council approved Trail Master Plan, the 2012 Council approve d Complete Streets Policy, and Caltrans’ efforts to provide multi-modal access on roads. The proposed improvements will improve public health and safety by supporting increased physical activity and enhancing pedestrian, bicyclist, and vehicle safety along the corridor. By promoting a decrease in motorized vehicle trips, complete streets features also benefit the environment by reducing air pollutants and greenhouse gas emissions, and can revitalize communities by improving livability and reducing transportation costs. On-Street Parking Within the project limits, the curb-to-curb roadway widths vary from approximately 50 to 85 feet on First Street (east to west) and 80 to 70 feet on Monterey Street (north to south). On-street parking is generally prohibited on First Street between Santa Teresa Boulevard and Miller Avenue-Wayland Lane (with a few exceptions) and is allowed on First Street between Miller Avenue-Wayland Lane and Monterey Street. On-street parking is allowed on Monterey Street between First Street and Leavesley Road, and is prohibited on Leavesley Road between Monterey Street and the US 101 / Leavesley Road interchange. The existing on-street parking and no parking zones are shown in Attachment A. In order to implement the proposed complete streets improvements and provide a cohesive design along the corridor without widening the roadway, it would be necessary to prohibit all on-street parking along the project limits of First Street and Monterey 6.B Packet Pg. 15 Street. Removing on-street parking would also provide safety benefits by improving sight distance at driveways, making pedestrian crossings more visible, and eliminating the situation where bicyclists may collide with car doors opening into the bike lane. PUBLIC OUTREACH The impacts associated with removing the on-street parking was investigated by City staff through extensive public outreach and data collection efforts. The public outreach campaign included four community meetings where the City Engineer and City staff discussed existing conditions along the corridor and provided an overview of the project to the public. The public meetings were widely publicized via traditional mailed notices, email, social media, and on the City’s website. In addition, Public Works Department staff, including th e Public Works Director, City Engineer, and Senior Civil Engineer in Capital Projects, went door-to-door with the City’s Community Engagement Coordinator to meet with stakeholders including business owners, church and school representatives, and property m anagers to discuss the project and the possible impacts associated with the removal of on-street parking. During the course of the public outreach efforts, the owner of First Choice Cleaners, located at 1329 First Street, indicated that the removal of the two on-street parking spaces in front of his business would impact his business. However, the owner of the shopping center cited a surplus of parking spaces in the parking lot, and did not foresee much of a problem with losing the two on-street parking spaces. The Public Works Department also conducted parking utilization surveys to determine how much the existing on-street parking is utilized. Based on the parking surveys, the average parking utilization on First Street and Monterey Street was approximately 22%, as shown in Attachment B. In all cases where on-street parking was observed, available on-site parking alternatives were identified which could accommodate the loss of the on-street parking spaces. An online survey was also distributed to stakeholders with approximately 64 responses returned. The survey included six questions regarding whether stakeholders or their customers utilize First Street on-street parking, how often they use it, and how removing the on-street parking might impact them or their business. Based on the results of the public outreach, City staff engaged with stakeholders to identify possible alternative parking solutions to minimize the impacts associated with the removal of on-street parking. FINANCIAL IMPACT If the resolution to remove on-street parking along First Street and a portion of Monterey Street is adopted now, there would be no financial impact to the City, as the installation of the buffered Class II bike lanes, and associated safety improvements, would be implemented by Caltrans as part of the Caltrans First Street Pavement Rehabilitation 6.B Packet Pg. 16 and Street Reconfiguration Project. If the resolution is not adopted now, but is adopted at a later time, the cost of installing buffered Class II bike lanes would be the City’s responsibility, and would cost the City an estimated $400,000 (in 2019 dollars). Attachments: 1. Attachment A 2. Attachment B 3. City Council Resolution 6.B Packet Pg. 17 Attachment A6.B.aPacket Pg. 18Attachment: Attachment A (2081 : Compliance with Caltrans First Street Paving Plans) 0%5%10%15%20%25%30%35%8:00 am ‐9:00am 9:00 am ‐10:00am 10:00 am ‐11:00am 11:00 am ‐12:00pm 12:00 pm ‐1:00 pm 1:00 pm ‐2:00 pm 2:00 pm ‐3:00 pm 3:00 pm ‐4:00 pm 4:00 pm ‐5:00 pm 5:00 pm ‐6:00 pm 6:00 pm ‐7:00 pm 7:00 pm ‐8:00 pm PercentageParking Utilization PercentageTypical WeekdayTypical SaturdayAverage Utilization22%Attachment B6.B.bPacket Pg. 19Attachment: Attachment B (2081 : Compliance with Caltrans First Street Paving Plans) RESOLUTION NO. 2019-XX RESOLUTION NO. 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY TO ADOPT THE REMOVAL OF PARKING ALONG PORTIONS OF STATE ROUTE 152 (FIRST STREET AND MONTEREY STREET) IN CONJUNCTION WITH THE CALTRANS PAVING PROJECT. WHEREAS, after the completion of the First Street Water Line Project, the California Department of Transportation (Caltrans) is scheduled to perform a pavement preventive maintenance project, which City staff is referring to as the Caltrans First Street Pavement Rehabilitation and Street Reconfiguration Project (Caltrans Project ID 0417000019); and WHEREAS, the limits of the Caltrans project extend along State Route 152 from approximately 1,800 feet west of Santa Teresa Boulevard to the US 101 / Leavesley Road interchange (including all of First Street and portions of Monterey Road and Leavesley Road); and WHEREAS, in addition to pavement rehabilitation, the Caltrans project also includes minor storm drain, sidewalk, ADA ramp, and driveway improvements, as well as signal modifications and lane restriping at various locations. Dedicated right-turn lanes will also be added at selected locations by restriping traffic lanes and removing adjacent on-street parking; and WHEREAS, the Caltrans project is also proposed to incorporate “complete streets” features. Caltrans describes a complete street as “a transportation facility that is planned, designed, operated, and maintained to provide safe mobility for all users, including bicyclists, pedestrians, transit vehicles, truckers, and motorists, appropriate to the function and context of the facility”. The proposed complete streets features for First Street and a portion of Monterey Street include Class II buffered bike lanes, green bike lane striping at conflict points, high-visibility crosswalks, and pedestrian activated traffic control devices which include the Rectangular Rapid Flashing Beacon (RRFB) and High intensity Activated crossWalK (HAWK) beacon; and WHEREAS, the addition of Class II bike lanes on First Street will provide an important east-west connection to the overall citywide bicycle network, will support the 2005 Council approved Trail Master Plan, the 2012 Council approved Complete Streets Policy, and Caltrans’ efforts to provide multi-modal access on roads; and WHEREAS, the proposed improvements will improve public health and safety by supporting increased physical activity and enhancing pedestrian, bicyclist, and vehicle safety along the corridor. By promoting a decrease in motorized vehicle trips, complete streets features also benefit the environment by reducing air pollutants and greenhouse gas emissions, and can revitalize communities by improving livability and reducing transportation costs; and WHEREAS, numerous California counties, cities, and agencies have adopted Complete Street policies and legislation in order to further the health, safety, welfare, economic vitality, and environmental wellbeing of their communities; and 6.B.c Packet Pg. 20 Attachment: City Council Resolution (2081 : Compliance with Caltrans First Street Paving Plans) RESOLUTION NO. 2019-XX WHEREAS, in order to implement the proposed complete streets improvements and provide a cohesive design along the corridor without widening the roadway, it would be necessary to prohibit all on-street parking along the project limits of First Street and Monterey Street. Removing on-street parking would also provide safety benefits by improving sight distance at driveways, making pedestrian crossings more visible, and eliminating the situation where bicyclists may collide with car doors opening into the bike lane; and WHEREAS, on January 23rd, 24th, and 25th of 2019 and February 12, 2019, the impacts associated with removing the on-street parking was investigated by City staff through extensive public outreach and data collection efforts. The public outreach campaign included four community meetings where the City Engineer and City staff discussed existing conditions along the corridor and provided an overview of the project to the public. The public meetings were widely publicized via traditional mailed notices, email, social media, and on the C ity’s website; and WHEREAS, on January 8, 2019, Public Works Department staff, including the Public Works Director, City Engineer, and Senior Civil Engineer in Capital Projects, went door-to-door with the City’s Community Engagement Coordinator to meet with stakeholders including business owners, church and school representatives, and property managers to discuss the project and the possible impacts associated with the removal of on-street parking; and WHEREAS, the Public Works Department also conducted parking utilization surveys to determine how much the existing on-street parking is utilized. Based on the parking surveys, the average parking utilization on First Street and Monterey Street was approximately 22%. In all cases where on-street parking was observed, available on-street parking alternatives were identified which could accommodate the loss of the on-street parking spaces; and WHEREAS, an online survey was distributed to stakeholders. The survey included six questions regarding whether stakeholders or their customers utilize First Street on-street parking, how often they use it, and how removing the on-street parking might impact them or their business; and WHEREAS, the City Council of the City of Gilroy finds the proposed Removal of Parking Along Portions of State Route 152 (First Street and Monterey Street) complies with all required “complete streets” features. WHEREAS, the City Council of the City of Gilroy therefore, in light of the foregoing benefits and considerations, wishes to improve its commitment to complete streets and desires that its street from a comprehensive and integrated transportation network promoting safe and convenient travel for all users while preserving flexibility, recognizing community context, and using design guidelines and standards that support the best practices; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Gilroy, State of California, the approval of the Removal of On-Street Parking along Portions of State Route 152 (First Street and Monterey Street) in Conjunction with the Caltrans Paving Project. 6.B.c Packet Pg. 21 Attachment: City Council Resolution (2081 : Compliance with Caltrans First Street Paving Plans) RESOLUTION NO. 2019-XX PASSED AND ADOPTED at a regular meeting of the City Council this 1st day of April , 2019 by the following vote: AYES: NOES: ABSENT: APPROVED: ATTEST: Roland Velasco, Ma yor Shawna Freels, Cit y Clerk 6.B.c Packet Pg. 22 Attachment: City Council Resolution (2081 : Compliance with Caltrans First Street Paving Plans) City of Gilroy STAFF REPORT Agenda Item Title: Approval of Notice of Acceptance of Completion for the Fire Hydrant Painting and Identification Tags Project No. 18 -PW -243-2 Meeting Date: April 1, 2019 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Faranak Mahdavi Faranak Mahdavi Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service  Enhanced Public Safety RECOMMENDATION Approve the Notice of Acceptance of Completion for the Fire Hydrant Painting and Identification Tags, Project No. 18-PW -243-2. BACKGROUND In September, 2018, the City of Gilroy undertook a needed Public Works project regarding fire hydrants that included: (a) painting 1,750 fire hydrants, (b) mounting City provided identification tags, (c) installing blue pavement reflectors, and (d) using a Global Positioning System (GPS) to map each hydrant. This will help track future maintenance activities within a Maintenance Management Software database and increase efficiency. 6.C Packet Pg. 23 During the course of the work, staff was able to identify and incorporate an additional 107 fire hydrants that were close in proximity to the original 1,750 hydrants into the scope of work. DISCUSSION The original contract with Polychrome Construction, Inc. for the Fire Hydrant Painting / ID Tags Project was approved by the City Council on June 18, 2018 in the amount of $129,500 with a contingency of $10,360. During the construction three change orders were approved. These included $5,350 for painting 107 additional fire hydrants, $2,500 for entering hydrant ID Tag data into the City’s GIS database, and deleting Bid Item 6. Information on the complete project cost is presented below: Construction Contract Amount $129,500 Change Order 1 $5,350 Change Order 2 $2,500 Change Order 3 (Deduction) ($7,000) Final Construction Amount $130,350 The project was entirely funded with Water Enterprise Funds. The project has been deemed fully complete and the attached Notice of Completion document is ready for acceptance and recordation with Santa Clara County (Attachment 1). FINANCIAL IMPACT There are no financial impacts with this action. Attachments: 1. Notice of Acceptance of Completion 6.C Packet Pg. 24 6.C.a Packet Pg. 25 Attachment: Notice of Acceptance of Completion (1963 : Notice of Acceptance of Completion for Fire Hydrant Painting / ID Tags) 6.C.a Packet Pg. 26 Attachment: Notice of Acceptance of Completion (1963 : Notice of Acceptance of Completion for Fire Hydrant Painting / ID Tags) 6.C.a Packet Pg. 27 Attachment: Notice of Acceptance of Completion (1963 : Notice of Acceptance of Completion for Fire Hydrant Painting / ID Tags) City of Gilroy STAFF REPORT Agenda Item Title: Adoption of an Ordinance of the City Council of the City of Gilroy Rezoning a +/-103-acre Site Located Northeast of Bolsa Road, Assessor Parcel Numbers (APNs) 841-31-003, 841-31-019, and 841-31-022, from Open Space (OS) to Commercial Industrial (CM) (introduced 3/18/19 with a 7-0 vote) Meeting Date: April 1, 2019 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Kristi Abrams Melissa Durkin Strategic Plan Goals  Fiscal Stability ☐ Downtown Revitalization  Economic Development ☐ Customer Service ☐ Enhanced Public Safety RECOMMENDATION Adopt an ordinance of the City Council of the City of Gilroy rezoning a +/-103-acre site located northeast of Bolsa Road, Assessor Parcel Numbers (APNs) 841-31-003, 841- 31-019, and 841-31-022, from Open Space (OS) to Commercial Industrial (CM) (Z 18- 08) At its meeting on March 18, the City Council voted 7 -0 to introduce an ordinance amending a +/-103-acre site located northeast of Bolsa Road, Assessor Parcel Numbers (APNs) 841-31-003, 841-31-019, and 841-31-022, from Open Space (OS) to Commercial Industrial (CM). The ordinance is provided for Council adoption at this meeting. Attachments: 6.D Packet Pg. 28 1. Z 18-08 Ordinance 6.D Packet Pg. 29 4834-6874-2536v1 JH\04706089 ORDINANCE NO. 2019-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING APPLICATION Z 18-08 CHANGING THE ZONING DESIGNATION FROM OPEN SPACE (OS) TO COMMERCIAL INDUSTRIAL (CM) FOR A PROPERTY LOCATED NORTHEAST OF BOLSA ROAD, APN’s 841-31-003, 019 and 022 WHEREAS, on November 1, 2018, applicant George Renz of Renz & Renz submitted an application to change the zoning designation on property located northeast of Bolsa Road (APN 841-31-003, 019 and 022) from Open Space (OS) to Commercial Industrial (CM) (“Z 18-08”) and WHEREAS, On June 13, 2002, the Gilroy City Council certified the Gilroy 2020 General Plan environmental impact report (“EIR”) and adopted a Statement of Overriding Considerations prior to EIR certification; and WHEREAS, Public Resources Code section 21083.3 (b), “Application of Division to Approval of Subdivision Map or Other Project” provides that development projects consistent with a general plan, and for which an EIR has been certified, shall limit additional CEQA review “to effects on the environment which are peculiar to the parcel or to the project and which were not addressed as significant effects in the prior environmental impact report, or which substantial new information shows will be more significant than described in the prior environmental impact report.” This relief from additional environmental review is restated by CEQA Guidelines section 15183; and WHEREAS, Z 18-08 does not include a proposal to develop the site or change the land use, the project is not subject to any mitigation measures or further review under CEQA section 21083.3 (b) or CEQA Guidelines section 15183. Therefore, no additional CEQA analysis is required for this zone change request; and WHEREAS, the Planning Commission held a duly noticed public hearing on February 7, 2019, at which time the Planning Commission considered the public testimony, the staff report 6.D.a Packet Pg. 30 Attachment: Z 18-08 Ordinance (2120 : Ordinance Bolsa Road Zone Change from OS to CM (Z 18-08)) 4834-6874-2536v1 JH\04706089 February 7, 2019 (“Staff Report”), and all documentation related to Z 18-08 and recommended that the City Council approve Z 18-08; and WHEREAS, the City Council held a duly noticed public hearing on March 18, 2019, at which time the City Council considered the Staff Report, a supplemental staff report dated March 18, 2019, the public testimony and all documentation related to Z 18-08; and WHEREAS, the City Council finds that Z 18-08 is consistent with the Gilroy General Plan and the Zoning Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I 1. The proposed rezoning is consistent with the intent of the goals and policies of the City’s General Plan, and with the intent of the land use designation on the General Plan Land Use Map. 2. There is no substantial evidence in the entire record that the Project will have any significant effects on the environment not analyzed and reviewed and considered in the EIR. 3. The approval of Z 18-08 will not be detrimental to the public welfare or injurious to persons or property in the vicinity. SECTION II Based on the above findings, zoning application Z 18-08 is hereby approved. SECTION II If any section, subsection, sentence, clause or phrase of this Interim Urgency 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 decla res 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 6.D.a Packet Pg. 31 Attachment: Z 18-08 Ordinance (2120 : Ordinance Bolsa Road Zone Change from OS to CM (Z 18-08)) 4834-6874-2536v1 JH\04706089 Pursuant to section 608 of the Charter of the City of Gilroy, this ordinance shall be in full force and effect thirty (30) days from and after the date it is adopted. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this ___ day of April 2019, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ________________________ Roland Velasco, Mayor ATTEST: ___________________________ Shawna Freels, City Clerk 6.D.a Packet Pg. 32 Attachment: Z 18-08 Ordinance (2120 : Ordinance Bolsa Road Zone Change from OS to CM (Z 18-08)) City of Gilroy STAFF REPORT Agenda Item Title: Claim of Rosa Olivia Dominguez Conde (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: April 1, 2019 From: Gabriel Gonzalez, City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐ Enhanced Public Safety RECOMMENDATION Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the April 1, 2019 meeting: Claim of Rosa Olivia Dominguez Conde Attachments: 1. Claim of Rosa Olivia Dominguez Conde 6.E Packet Pg. 33 6.E.a Packet Pg. 34 Attachment: Claim of Rosa Olivia Dominguez Conde (2128 : Claim of Rosa Olivia Dominguez Conde) 6.E.a Packet Pg. 35 Attachment: Claim of Rosa Olivia Dominguez Conde (2128 : Claim of Rosa Olivia Dominguez Conde) City of Gilroy STAFF REPORT Agenda Item Title: Claim of Roy Swenson (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim) Meeting Date: April 1, 2019 From: Gabriel Gonzalez, City Administrator Department: Human Resources Department Submitted By: LeeAnn McPhillips Prepared By: LeeAnn McPhillips Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐ Enhanced Public Safety RECOMMENDATION Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, this claim is recommended for rejection. EXECUTIVE SUMMARY Based on the recommendation from Municipal Pooling Authority (MPA) and/or legal counsel, the following claim is submitted to the City Council for rejection at the April 1, 2019 meeting: Claim of Roy Swenson Attachments: 1. Claim of Roy Swenson 6.F Packet Pg. 36 6.F.a Packet Pg. 37 Attachment: Claim of Roy Swenson (2127 : Claim of Roy Swenson) 6.F.a Packet Pg. 38 Attachment: Claim of Roy Swenson (2127 : Claim of Roy Swenson) Proclamation Honoring Doeri Welch April 3-7, 2019 Poppy Jasper International Film Festival The City of Gilroy is proud to honor Doeri Welch, Director of Recruitment at DreamWorks Animation for her long service to the entertainment industry, and in particular to the film arts. WHEREAS Doeri Welch spent over ten years early in her career as a professional director and stage manager in live theater, including here in the Bay Area, and WHEREAS after gaining experience at Walt Disney Pictures and Television, Doeri joined Walt Disney Animation Studios to contribute to the company’s outstanding storytelling and emphasis on stronger female characters, and WHEREAS Doeri through her work on films using both traditional and computer-generated animation has helped entertain legions of children and adults through, and WHEREAS her feature film credits include hugely popular films such as Hercules, The Hunchback of Notre Dame, Tarzan, The Emperor's New Groove, Tangled, Wreck-It Ralph, Big Hero 6, Frozen, Zootopia, Moana, and How to Train Your Dragon: The Hidden World, and WHEREAS Doeri has also worked on animated short films, including Glago's Guest and Paperman, contributing to a genre which often comprises a significant portion of the Poppy Jasper International Film Festival, and WHEREAS Doeri has now joined the team of DreamWorks Animation, where she recruits diverse new creative and production talent to entertain current and future generations of film lovers, and WHEREAS the body of Doeri’s work in live theater, television, and film exemplifies the talent and dedication that bring joy to moviegoers and credit to the entertainment industry, NOW, THEREFORE, I, Roland Velasaco Mayor of the City of Gilroy, on behalf of the entire Gilroy City Council and the City of Gilroy do hereby acknowledge and sincerely thank Doeri Welch for her passion for filmmaking, her many years of experience in the filmmaking industry, and her commitment to inclusion and diversity that reveals her dedication to entertaining us all. 6.G Packet Pg. 39 Communication: Proclamation Honoring Doeri Welch During the Poppy Jasper International Film Festival (CONSENT CALENDAR (ROLL CALL Proclamation of the City of Gilroy WHEREAS James Dempsey has well served the City of Gilroy for twenty years, having begun his career in 1999 when he became a volunteer firefighter. In 2000 he became a paid call firefighter and in 2005 a full time firefighter. He served the community through dedication, compassion and commitment to helping all in need. He became a paramedic so he could further serve the community and provide medical care to the sick and injured at a higher level; and WHEREAS James’ skill as a master mechanic served not only the fire department but on more than one occasion when he was on State deployed strike teams, his skill allowed other agencies to continue in their mission to save lives and property; and WHEREAS James has made significant contributions to the City as it relates to all types of emergency response. This unwavering service and dedication was done with the needs of this community well above his own with a servant heart in full knowledge of the tremendous risk to himself; and WHEREAS James is retiring from the position of Fire fighter Paramedic with the sincere gratitude and appreciation of the Gilroy City Council for his years of dedicated public service; and WHEREAS James’ positive impact to those he worked with and those he served will live on. NOW, THEREFORE, I, ROLAND VELASCO, Mayor of the City of Gilroy, and on behalf of the entire City Council and all of the citizens and employees of Gilroy, join in thanking James Dempsey For his commitment of service and wish him well in retirement for years to come. Roland Velasco Mayor, City of Gilroy 6.H Packet Pg. 40 Communication: Proclamation for Retiring Firefighter Paramedic Jim Dempsey (CONSENT CALENDAR (ROLL CALL VOTE)) City of Gilroy STAFF REPORT Agenda Item Title: Acceptance of the 2018 General Plan Annual Report Meeting Date: April 1, 2019 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Kristi Abrams Stan Ketchum Strategic Plan Goals ☐ Fiscal Stability  Downtown Revitalization  Economic Development ☐ Customer Service ☐ Enhanced Public Safety RECOMMENDATION Accept the 2018 General Plan annual report. BACKGROUND Section 65400 of the California Government Code requires all jurisdictions to prepare an annual report addressing the status of the General Plan, including progress made towards implementation of goals, policies and actions contained in the Plan, and identification of any changes needed in the Plan or its implementation programs. The report must also describe progress towards meeting the jurisdiction’s share of regional housing needs (RHNA) and efforts to remove governmental constraints to the maintenance, improvement, and development of housing. The report is to be presented to the local legislative body, the Governor’s Office of Planning and Research (OPR), and the State Department of Housing and Community Development (HCD) on or before April 1 of each year. Pursuant to the Government Code, the 2018 General Plan Annual Report (see attached) reviews the activities that took place between January 1, and December 31, 6.I Packet Pg. 41 2018 to implement the City of Gilroy General Plan. The report consists of three sections:  Status of 2018 Activities Affecting the Implementation of the General Plan  Development Activity During 2018  Annual Housing Element Progress Report ANALYSIS This report provides a summary of the key sections in the 2018 General Plan Annual Report (attached): Status of 2018 Activities Affecting the Implementation of the General Plan Several actions have been taken by the City to implement goals and policies of the adopted 2020 General Plan, including the 2040 General Plan Update. On April 16, 2018, the City Council suspended the 2040 General Plan process pending the completion of an economic development strategic study underway. The Gilroy Place-Based Economic Development Strategy final report was presented to the City Council on December 17, 2018, and was the subject of an in-depth Council Study Session on January 14, 2019. The report findings and recommendations will be presented to the General Plan Advisory Committee (GPAC) on March 28, 2019. The General Plan Update process will continue, with Plan adopt ion estimated to occur in late 2020. The 2020 General Plan Land Use Diagram and Policy Text include the area designated the Urban Service Area (USA). The USA represents the area eligible for annexation and for which the City will provide urban services (e.g., water, sewer, police, fire) for existing and new development. There are two pending privately-initiated USA amendment applications in progress and described in this section of the Annual Report. The two applications are currently on hold, awaiting further direction from the City Council as to when to proceed with scheduling public hearings for consideration of the requests. In 2018, the city completed two zoning ordinance amendments and one City Council policy decision relating to the General Plan. They are:  Zoning Ordinance Article 30.38 "Landscaping," was replaced in its entirety by a new Article 30.38 entitled "Landscaping, Water Efficiency and Stormwater Retention and Treatment", addressing the installation and maintenance of landscaping in existing and new development. This ordinance amendment implements General Plan policies calling for landscaping in all forms of new development to enhance the enjoyment of the community and support economic development goals. 6.I Packet Pg. 42  A new section of the Article 30.38 Landscaping, Water Efficiency, and Stormwater Retention and Treatment was added, entitled Section 30.38.270 Protected Tree Removal. This ordinance amendment established the requirement for approval of a permit for removal of indigenous tree species of a certain size on private property. The permit process will provide a discretionary process for the city to ensure that removal of such trees is necessary and will reduce the indiscriminate removal of significant trees when not warranted. Protection of significant trees provides multiple community benefits, including a variety of environmental advantages, increased property values, enhanced economic vitality of business areas, and beautification of our community.  The Gilroy City Council approved the City’s participation in the Santa Clara County RHNA Sub-region for preparation of the 2023 – 2031 Regional Housing Needs Allocation. The RHNA sub-region will include Santa Clara County and all 15 cities and will be assigned the combined total RHNA allocation of all participating jurisdictions, as identified by Association of Bay Area Governments (ABAG). The Sub-region membership will develop a methodology for the distribution of the amount of housing in each income level to each jurisdiction. The Sub-region approach is consistent with General Plan Housing goals and policies supporting provision of affordable housing and housing for all income levels. Each of the above actions plays a role in implementing various General Plan goals and policies, and is described further in the 2018 Annual Report. This section of the Annual Report also provides an update on the progress of construction in the three Specific Plan areas; Hecker Pass, Glen Loma Ranch, and Downtown. Each area has seen significant development in recent years. Construction activity in 2018 was less than in previous years. Finally, the report includes an update on the status of the North and South Neighborhood Districts, the areas in the General Plan identified for planned future growth. Development Activity In 2018 In 2018, building permits were issued for 128 single-family and 103 multi-family dwellings. The majority of the single-family development was in the Hecker Pass and Glen Loma Ranch Specific Plan areas, and also included six accessory dwelling units (ADU). Multi-family projects now under construction include 28 market -rate apartments on Wren Avenue and the 75-unit Gilroy Gateway Apartment project consisting of 37 Extremely Low-Income Permanent Supportive Housing units and 38 Low-Income senior affordable units. Non-residential new construction permitted during 2018 included a total of 321,346 square feet (sf) in four projects; Performance Food Group (PFG) 6.I Packet Pg. 43 (189,303 sf ), Gilroy Self Storage (113,675 sf), Germains Seeds (15,796 sf expansion), and a Chevron Service Station (2,572 sf). Annual Housing Element Progress Report The Housing Element Progress Report includes two components: (1) a detailed reporting of the city’s progress in constructing the amounts of new housing specified in the Regional Housing Needs Assessment (RHNA) allocation included in the General Plan Housing Element, and (2) a description of the City’s progress implementing programs intended to remove governmental constraints to the maintenance, improvement and development of housing. The full Housing Element Progress Report is included as Appendix A to the 2018 General Plan Annual Report. As noted previously, in 2018, building permits were issued for one 75 -unit affordable housing project, Gilroy Gateway apartments, consisting of 37 Extremely Low-Income units and 38 Low-Income units. Additional Low-Income units do not advance Gilroy’s RHNA achievements, as the city has far surpassed its target in this category. However, the 37 Extremely Low Income units reduce the City’s deficit in the Very Low Income category (Very Low and Extremely Low are combined into the Very Low Income category for the RHNA program). To fully meet the RHNA allocations for the current eight-year period (2015 – 2023), the city would need to construct 163 more Very Low Income units and 210 Moderate Income units. Activities undertaken to remove governmental constraints included: i nitial tasks required for development of the new Land Management System (LMS), three Developer’s Roundtable meetings intended to provide information on current topics and promote a dialog with area developers, reorganization of the Development Review Group Pre - application program, updated customer information regarding Accessory Dwelling Units, and adoption of the new Landscaping, Water Efficiency, and Stormwater Retention and Treatment ordinance, which will provide updated requirements for installation of landscaping in all future new development. The current General Plan Housing Element was approved in December 2015. At that time, the City rezoned land to R4 (High Density) to provide adequate land for development of multi-family housing. As identified by HCD, density of the R4 zone district was established at a minimum of 20 dwelling units per acre, which was necessary for development of affordable housing. With the addition of the R4 zone district, HCD was able to certify Gilroy’s Housing Element in 2015. Six parcels, totaling 28.8 acres were rezoned to R4. These are primarily located on First Street and Monterey Road. Two projects have been approved on these sites, a 202- unit market-rate townhouse project at the southeast corner of Santa Teresa Blvd., and First St., and a 78-unit apartment project on Monterey Road including 69 market-rate 6.I Packet Pg. 44 units and nine low-income units was approved on one of the R4 sites (approved Jan. 7, 2019) . On another R4 parcel, a 120-unit market-rate project proposed at the northeast corner of First Street and Kern Avenue, has remained in a pending status throughout 2018, due to the applicant’s desire to sell the project to another developer. A proposal to convert that project to affordable housing is currently under review. ALTERNATIVES Should the City Council wish to accept this report, it will be transmitted to the Governor’s Office of Planning and Research and the State Housing and Community Development. This is the recommended action. Should the Council choose not to accept th is report, staff will seek direction from the Council regarding additional information needed and bring the report to a futur e Council meeting for acceptance. This action is not recommended. FISCAL IMPACT/FUNDING SOURCE No fiscal impact has been identified in conjunction with this project. NEXT STEPS After acceptance of the report by the City Council, staff will transmit it to the Governor’s Office of Planning and Research and the State Housing and Community Development. PUBLIC OUTREACH No specific public outreach was undertaken in conjunction with preparation of this report. Attachments: 1. 2018 General Plan Annual Report 2. Attachment A - 2018 Housing-Element-Annual-Progress-Report 6.I Packet Pg. 45 City of Gilroy 2018 General Plan Annual Report April 1, 2019 6.I.a Packet Pg. 46 Attachment: 2018 General Plan Annual Report (2051 : 2018 General Plan Annual Report) 2 6.I.a Packet Pg. 47 Attachment: 2018 General Plan Annual Report (2051 : 2018 General Plan Annual Report) 3 1. Introduction A. Purpose of the General Plan Annual Report The General Plan Annual Report fulfills the requirements of California Section 65400 of the California Government Code, which requires all jurisdictions to prepare an annual report addressing two primary topics:  The status of the General Plan, including progress made towards implementation of goals, policies and implementation measures contained in the Plan, and identification of any changes needed in the Plan or its implementation programs.  Progress towards meeting the city’s share of regional housing needs (RHNA) and efforts to remove governmental constraints to the maintenance, improvement and development of housing. This report includes three distinct sections:  Section 2. Status of 2018 Activities Affecting the Implementation of the General Plan contains updates on the resumption of the 2040 General Plan process, pending Urban Service Area amendments, changes to ordinances and City Council policies, the status of Gilroy’s three specific plans, and the status of the Neighborhood Districts. These topics collectively provide a broad view of the current issues affecting the implementation of the General Plan during 2017.  Section 3. Development Activity in 2018 describes the amount of new development permitted through both discretionary land use permits and building permits.  Section 4. Annual Housing Element Progress Report fulfills the second primary topic described above, a description of progress towards meeting the city’s share of regional housing needs (RHNA) and efforts to remove governmental constraints to the maintenance, improvement and development of housing. The report is to be presented to the legislative body, the Governor’s Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD) on or before April 1 of each year. B. Background of the General Plan Every city and county in California must have a general plan, which is the local government’s long-term framework or “constitution” for future growth and development. The general plan represents the community’s view of its future and expresses the community’s development goals. The general plan consists of the policy text, containing goals, polices and implementation actions, and the land use diagram, displaying the planned future land uses and pattern of development. All decisions by the Planning Commission and City Council must be consistent with the adopted General Plan. Typically, a general plan is designed to address the issues facing the city for the next 15-20 years. State Planning Guidelines recommend updating the General Plan about every 10 years. Under California law, cities are required to address seven issue areas or “elements” in their general plans: land use, transportation, housing, safety, open space, conservation, and noise. 6.I.a Packet Pg. 48 Attachment: 2018 General Plan Annual Report (2051 : 2018 General Plan Annual Report) 4 The State allows considerable flexibility in how these elements are organized, and encourages the inclusion of additional “elements” to ensure that plans are truly comprehensive and effective in addressing local issues. The Gilroy 2020 General Plan incorporates the State-mandated elements, but organizes them into five major policy areas: Community Design and Development; Housing; Transportation and Circulation; Public Facilities and Services; and Community Resources and Potential Hazards. The General Plan also addresses a number topics sometimes included in General Plans as “optional elements” to address key issue areas. These include Agriculture, Air Quality, Economic Development, Historic Preservation, Parks and Recreation, Schools and Water Supply and Quality. The current Gilroy 2020 General Plan was adopted in June, 2002. There have been multiple individual amendments to both the policy text and the land use diagram since that time. 2. Status of 2018 Activities Affecting the Implementation of the General Plan This section describes a variety of activities initiated by the city or others during 2018 that affect the implementation of the current 2020 General Plan and/or the Gilroy 2040 General Plan Update, in progress. A. 2040 General Plan Update In October, 2013, the City embarked on Gilroy 2040, a comprehensive update of the General Plan. A 25-member General Plan Advisory Committee (GPAC), appointed by the City Council met 23 times and completed its work on October 28, 2015. The GPAC approved a Draft General Plan Policy Text and Draft General Plan Land Use Diagram for transmittal to the Planning Commission and City Council for their review. On January 4, 2016, the City Council approved the Draft Policy Text and Land Use Diagram for purposes of defining the “Project” to be evaluated in the General Plan Environmental Impact Report (EIR). In April, 2016, the General Plan process was suspended pending the outcome of Measure H, the Urban Growth Boundary ballot initiative. In November 2016, Measure H passed, establishing an Urban Growth Boundary that restricts new development outside the boundary through 2040. In January 2017, the City Council approved an amended work program to complete the 2040 General Plan Update, which was initiated on June 29, 2017, with the first meeting of the reconvened and expanded General Plan Advisory Committee (GPAC). The GPAC selected three land use alternatives for thorough comparison and analysis in an Alternatives Analysis report. On March 22, 2018, the GPAC reviewed the draft report and provided comments. A community workshop was scheduled to receive public input on the alternatives, however, it was canceled due to City Council direction to suspend the General Plan Update process for a second time. The Council direction on April 16, 2018, was based on the need to await completion of an economic development strategic study underway. The Gilroy Place-Based Economic Development Strategy final report was presented to the City Council on December 17, 2018, and was the subject of an in-depth Council Study Session on January 14, 2019. The report findings and recommendations will be presented to the GPAC on March 28, 2019. The General Plan Update process will continue, with Plan adoption estimated to occur in late 2020. B. Urban Service Area Amendments The General Plan Land Use Diagram includes the area designated the Urban Service Area. Policy 2.07 of the 2020 General Plan states the following: 6.I.a Packet Pg. 49 Attachment: 2018 General Plan Annual Report (2051 : 2018 General Plan Annual Report) 5 “Urban Service Area. Establish and maintain an Urban Service Area that indicates the area of land that could potentially be developed in the next 5 years and to which the City is committed to providing basic infrastructure and services. Urban zoning, development approvals, and building permits will only be granted to properties within the Urban Service Area. The City will not accept development proposals on land outside the Urban Service Area, and will coordinate with the County to discourage premature subdivision of such land. Applications for inclusion in the Urban Service Area will be accepted annually and evaluated in light of General Plan policies promoting infill development and efficiency in the provision of urban services.” There are currently two privately-initiated Urban Service Area (USA) amendment applications in progress.  USA 12-01 – Wren Investors – 50 acres The Wren Investors project site is located immediately north of the Gilroy city limits southwest of the intersection of Vickery Avenue and Wren Avenue. Existing uses on the approximately 50.3‐acre site include rural residential uses, the Gilroy High School Future Farmers of America Club farm laboratory, two vacant Santa Clara Valley Water District parcels comprising the Lions Creek channel and a paved community bike path, and vacant land. A conceptual future development plan incorporates a mix of single‐ family and multi-family residential, and neighborhood commercial uses. Approximately 160 new dwelling units could be accommodated by this proposal.  USA 14-02 Hewell – 5.4 acres The Hewell project site is located just outside the northern city limits northeast of the intersection of Vickery Avenue and Kern Avenue. The approximately 5.4‐acre project site consists of two parcels. A portion of the site is developed with one single‐family residence and the remainder of the site is vacant grassland. The conceptual development plan for the Hewell project is comprised of 28 single‐family and multi- family residential dwellings. Figure 1, on the following page, is a location map showing the two USA amendments. 6.I.a Packet Pg. 50 Attachment: 2018 General Plan Annual Report (2051 : 2018 General Plan Annual Report) 6 Figure 1 The two applications are currently on hold, awaiting further direction from the City Council as to when to proceed with scheduling public hearings for consideration of the requests. If the City Council approves one or both of the applications, they will be submitted to the Santa Clara County Local Agency Formation Commission (LAFCO), the state-mandated independent local agency with responsibility to oversee and make decisions on the boundaries of cities and special districts, including Urban Service Areas. 6.I.a Packet Pg. 51 Attachment: 2018 General Plan Annual Report (2051 : 2018 General Plan Annual Report) 7 C. Changes to Ordinances and City Council Policies Two amendments to the Zoning Ordinance and one City Council policy decision relating to the General Plan were completed in 2018. Zoning Ordinance Article 30.38 "Landscaping", was replaced in its entirety by a new Article 30.38 entitled "Landscaping, Water Efficiency and Stormwater Retention and Treatment", addressing the installation and maintenance of landscaping in existing and new development. This ordinance amendment implements General Plan policies calling for landscaping in all forms of new development to enhance the enjoyment of the community and supportive of economic development goals. A new section of Article 30.38 Landscaping, Water Efficiency, and Stormwater Retention and Treatment was added, entitled Section 30.38.270 Protected Tree Removal. This ordinance amendment established the requirement for approval of a permit for removal of indigenous tree species of a certain size on private property. The permit process will provide a discretionary process for the city to ensure that removal of such trees is necessary and will reduce the indiscriminate removal of significant trees when not warranted. Protection of significant trees provides multiple community benefits, including a variety of environmental advantages, increased property values, enhanced economic vitality of business areas, and beautification of our community. The Gilroy City Council approved the city’s participation in the Santa Clara County RHNA Sub-region for preparation of the 2023 – 2031 Regional Housing Needs Allocation. State law allows local jurisdictions within a county to form a sub-region to conduct an allocation process that parallels, but is separate from, the regional process conducted by the Association of Bay Area Governments (ABAG). The RHNA sub- region will include Santa Clara County and all 15 cities and will be assigned the combined total RHNA allocation of all participating jurisdictions, as identified by ABAG. The Sub-region membership will develop a methodology for the distribution of the amount of housing in each income level to each jurisdiction. The final approval of the sub-region allocations to each participating jurisdiction will require approval of the majority of participants, and the approval of each jurisdiction that is allocated a greater share of housing than the initial ABAG allocation for that jurisdiction. The Sub-region approach is consistent with General Plan Housing goals and policies supporting provision of affordable housing and housing for all income levels. D. Status of Specific Plans Gilroy has three adopted Specific Plans; Glen Loma Ranch, Hecker Pass and Downtown. See Figure 2. Glen Loma and Hecker Pass Specific Plans were adopted in 2005. Construction began on Glen Loma in 2015 and Hecker Pass in 2014. In addition, the Downtown Specific Plan/Downtown Station Area Plan project has been in progress since 2015.  Hecker Pass Specific Plan comprises 423 acres, located on both sides of Hecker Pass Highway, westerly of Santa Teresa Boulevard, and includes up to 521 single- family dwelling units, 145 acres of permanent open space and parkland, 59 acres of permanent agriculture and 55 acres of agri-tourism commercial. Construction began in 2014, and 393 units have been permitted through 2018. Architectural and Site Approval was granted by the City Council for a commercial and mixed use development on 6 acres within the agri-tourism commercial area. The project, located along the south side of Hecker Pass Highway, and west of Two Oaks Lane, 6.I.a Packet Pg. 52 Attachment: 2018 General Plan Annual Report (2051 : 2018 General Plan Annual Report) 8 will consist of three buildings – one for winery functions, and two with ground floor restaurant and retail uses and 22 live/work units on the second floor.  Glen Loma Ranch Specific Plan comprises 360 acres, bounded by Santa Teresa Boulevard on the southwest, Uvas Creek Park Preserve and Christmas Hill Park on the northeast and existing neighborhoods to the south. The Glen Loma Ranch Specific Plan allows up to 1,693 predominantly single-family dwelling units in 19 neighborhoods. In addition, a 125-unit townhome project and an affordable housing development consisting of 77 low income family apartments and 81 low-income senior units are also included. Construction began in 2015, and 367 dwelling units have been permitted through 2018. Two significant public facilities planned as part of the Glen Loma Ranch Specific Plan have been in the planning stages since 2018. A new Fire Station will be located in the future Town Center area at the southeast corner of Santa Teresa Boulevard and the re-aligned Luchessa Avenue. A new Gilroy Unified School District Elementary School is planned for a 12.7-acre parcel located at the northeast corner of Santa Teresa Boulevard and Club Drive. The timing on construction of these facilities is not known at this time.  The Downtown Specific Plan, approved in 2005, incorporates the properties generally within two to three blocks on both sides of Monterey Street, extending from Leavesley Avenue on the north, to U.S. 101 on the south. It extends further to the west between Sixth and Seventh Streets to incorporate the Civic Center area. The Specific Plan envisions a combination of commercial retail, office, restaurant, and entertainment uses and up to 1,576 dwelling units. To-date, 667 dwelling units have been permitted. The Alexander Station apartment project, providing 262 low income units, completed occupancy of the first 131 units in December, 2018. The second phase of the project is expected to open in Summer, 2019. The 104-unit Cannery development, also 100% low income, was nearing completion at the end of 2018. Finally, building permits for the 75-unit Gilroy Gateway project were issued in September, 2018. The project was originally approved as a 100% Senior affordable apartment development. Subsequent to City Council approval, the applicant received a $7.5 milllion grant from the Santa Clara County Affordable Housing Bond program, resulting in 37 units re-programmed to provide Permanent Supportive Housing in the Extremely Low Income range. The remaining 38 units will continue to be offered to Low Income Senior residents. 6.I.a Packet Pg. 53 Attachment: 2018 General Plan Annual Report (2051 : 2018 General Plan Annual Report) 9 Figure 2  The Downtown Specific Plan Update/Downtown Station Area Plan is both an update to the existing Downtown Specific Plan and preparation of a plan to identify the best possible location for a High Speed Train (HST) Station in Downtown Gilroy. The Station Area Plan will act as a tool to guide private development and public improvements in Downtown over the next 25 years with a focus on the area near the future HST station and existing Train Station. The study began in April 2015. Following a review of existing conditions, three alternative land use and circulation plans for Downtown Gilroy were developed and reviewed in an Alternatives Analysis Report. Community input received at public meetings, and guidance from the Citizens Advisory Committee (CAC) helped create a Draft Preferred Alternative. The Draft Preferred Alternative was presented to the City Council in January, 2018 where additional comments were received. In June, 2018, the City Council reviewed an assessment of the three alignment alternatives being considered by the California High-Speed Rail Authority (CHSRA) for the Gilroy area. Subsequently, it was determined that the City would place the Station Area Plan project on hold until the CHSRA identifies a preferred alignment alternative as a part of its environmental review process for the San Jose to Merced segment of its system. No new information on the status of the project was available at the end of 2018. However, in February, 2019, Governor Gavin Newsome announced potential changes to the future implementation of the HST, which are still being clarified. Hecker Pass Specific Plan Glen Loma Ranch Specific Plan Downtown 6.I.a Packet Pg. 54 Attachment: 2018 General Plan Annual Report (2051 : 2018 General Plan Annual Report) 10 E. Status of Neighborhood Districts The Gilroy 2020 General Plan specifies three planned residential growth areas identified as Neighborhood Districts. These areas are intended to encourage compact, complete neighborhood-style development, including predominantly single-family uses, together with commercial and medium- to high-density uses clustered to form neighborhood centers. The Glen Loma Ranch Specific Plan described above, is one of these areas. The other two are located at the northern and southern reaches of the city. The northern Neighborhood District was reduced significantly by the adoption of the Urban Growth Boundary (UGB) in November, 2016. The North Neighborhood District decreased by approximately 750 acres to 277 acres, bounded by Day Road, Santa Teresa Boulevard and Wren Avenue/Monterey Road. Under the 2020 General Plan, this area will allow approximately 2,450 future dwelling units. The southerly Neighborhood District comprises 193 acres bounded by Uvas Creek on the north and east, Thomas Road and Santa Teresa Boulevard on the west, and Mesa Road on the south. In the 2020 General Plan, this area will support approximately 1,280 dwelling units. Neighborhood Districts also include provisions for future neighborhood- serving commercial, parks and other supportive uses intended to establish complete neighborhoods. 3. Development Activity in 2018 Table 2, below, provides a summary of the development activity that occurred in Gilroy in 2018, including discretionary permits received and approved and building permits issued. Approved discretionary permits were issued for a total of 12 projects, comprising 379 single-family dwellings, 158 multi-family dwellings and just over 204,000 square feet of non-residential development. The residential projects are comprised mainly of new phases of the Glen Loma Ranch Specific Plan area, including two affordable housing projects consisting of 77 low income apartments and 81 senior affordable apartments. Non-residential development included 200,000 square feet of new industrial warehouse space in three projects and one new 4,000 square foot retail commercial building. Building Permits were issued for 122 single family dwellings, 6 Accessory Dwelling Units (ADU’s) and 103 multi-family dwellings. The multi-family projects included 28 market rate apartments on Wren Avenue and the 75-unit Gilroy Gateway project, comprised of 37 Extremely Low Income Permanent Supportive Housing units and 38 low income senior affordable units. Construction of new multi-family housing, and, in particular, low income units, fulfills General Plan Housing Element policies to facilitate infill housing, to provide housing for all income levels and to provide new affordable housing. Non-residential new construction permitted during 2018 included a total of 321,346 square feet in four projects; Performance Food Group (PFG) (189,303 sq. ft.), Gilroy Self Storage (113,675 sq. ft.), Germains Seeds (15,796 Sq. ft.), and a Chevron Service Station (2,572 Sq. ft.). 6.I.a Packet Pg. 55 Attachment: 2018 General Plan Annual Report (2051 : 2018 General Plan Annual Report) 11 Table 1 Development Activity - 2018 No. of Applications Single Family Dwellings (0 – 8 DU/AC) Multi- family Dwellings (9 DU/Ac & above) Commercial/ Industrial (sq. ft.) Discretionary applications received 16 537 0 207,037 Discretionary applications approved/ Denied 12/0 379 158 204,055 Building Permits issued 136 128 103 341,346 4. Annual Housing Element Progress Report As noted previously, the Housing Element Progress Report includes two components: 1) a detailed reporting of the city’s progress in constructing the amounts of new housing specified in the Regional Housing Needs Assessment (RHNA) allocation included in the General Plan Housing Element, and 2) a description of the city’s progress implementing the programs in the Housing Element intended to remove governmental constraints to the maintenance, improvement and development of housing. The full report is included as Appendix A to this report. It will be submitted electronically to HCD following City Council acceptance of this report. A. RHNA Progress Report The RHNA program establishes an eight-year cycle (2015 -2023) within which the city must work to achieve the specified amounts of new housing in each income category. Table 3, below describes the city’s progress in the first four years of the eight-year RHNA cycle. As described above, building permits were issued for 75, deed-restricted affordable units in the Gilroy Gateway Apartment project. The city has exceeded the RHNA allocations for Low Income and Above-Moderate (market rate) housing units. Significant amounts of Very Low Income and Moderate housing units are still needed. In 2018, the Area Median Income (AMI) for a four-person household in for Santa Clara County, as defined by the California Department of Housing and Community Development (HCD) was $125,000. Based on this, the following are the income limits for the various affordable housing categories:  Extremely Low Income (ELI) 0 – 30% AMI – $39,900  Very Low Income (VLI) 31 – 50% AMI –$66,500  Low Income (LI) - 51 – 80% AMI – $94,450  Moderate Income 81 – 120% AMI - $150,250  Above Moderate – Above 120% AMI 6.I.a Packet Pg. 56 Attachment: 2018 General Plan Annual Report (2051 : 2018 General Plan Annual Report) 12 Table 2 Regional Housing Needs Assessment Progress (2015 – 2018) Income Level RHNA Allocation by Income 2015 2016 2017 2018 Units Permitted To-date Units Remaining Extremely Low Income (0 – 30% AMI) 236 0 0 0 37 37 163 Very Low (31 – 50% AMI*) 26 0 10 0 36 Low (51 – 80% AMI) 160 249 0 192 38 479 0 Moderate (81 – 120%AMI) 217 7 0 0 0 7 210 Above Moderate (Above 120% AMI) 475 406 321 243 156 1,126 0 Total 1,088 688 321 445 231 1,685 Remaining Need 373 *AMI – 2018 Area Median Income in Santa Clara County B. Activities to Remove Governmental Constraints The second component of the Annual Housing Element Progress Report requires the city to provide information on the progress in implementing Housing Element programs and other activities intended to remove governmental constraints to the maintenance, improvement and development of housing. Efforts conducted in 2018 include:  Initial tasks required for development of the new Land Management System (LMS) occurred in 2018. The LMS project kickoff, involving staff representatives from several City Departments occurred over a week-long period in October 2018. A Request For Proposals (RFP) is anticipated to be issued in March, 2019, with vendor proposals due by late April/early May. Once the City evaluates the proposals, the selection process, including an extensive proof of capabilities will begin.  The Community Development Department hosted Developer’s Roundtable meetings in February, May and September, 2018, intended to provide information on current topics and promote a dialog with area developers. Topics included: recent Zoning Code updates, the Green Building Code, Land Management System updates, new Planning application submittal requirements, Public Works standard conditions of approval, revised Public Works Plan Check and Inspection fees, and revised Stormwater submittal requirements. 6.I.a Packet Pg. 57 Attachment: 2018 General Plan Annual Report (2051 : 2018 General Plan Annual Report) 13  Preparation of updated, more detailed application requirements for all discretionary applications.  Reorganization of the Development Review Group Pre-application program to focus on applications in progress or close to submittal. The addition of two new Senior Planners provides adequate staff to address most preliminary development inquiries directly over the counter, providing more expeditious customer service.  Updated customer information regarding Accessory Dwelling Units was developed.  The new Landscaping, Water Efficiency, and Stormwater Retention and Treatment ordinance was adopted, which will provide updated requirements for installation of landscaping in all future new development. C. Status of Housing Element R-4 Rezoning Sites The current General Plan Housing Element was approved in December, 2015. In order to certify the Housing Element, the Department of Housing and Community Development required the city to rezone a minimum of 27 acres to R-4 High Density, in order to provide adequate land available for development of multi-family housing at a minimum of 20 dwelling units per acre, the density identified by HCD as necessary for development of affordable housing. Six parcels, totaling 28.8 acres were rezoned, on First Street, and on Monterey Road. Two approved projects have been approved on these sites, a 202-unit market-rate townhouse project at the southeast corner of Santa Teresa Blvd. and First St., and a 78-unit apartment project including 69 market-rate and nine low-income units (approved on Jan. 7, 2019). A 120-unit market-rate project proposed at the northeast corner of First Street and Kern Avenue, has remained in a pending status throughout 2018, due to the applicant’s desire to sell the project to another developer. A proposal to convert the project to affordable housing is currently under review. Appendix A - 2018 Annual Housing Element Progress Report 6.I.a Packet Pg. 58 Attachment: 2018 General Plan Annual Report (2051 : 2018 General Plan Annual Report) Date Application Submitted Total Approved Units by Project Total Disapproved Units by Project Streamlining Notes 2 3 4 6 7 8 9 10 Prior APN+Current APN Street Address Project Name+Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project (Auto-calculated Can Be Overwritten) Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Notes+ Summary Row: Start Data Entry Below 743 743 498 783-04-023 Hecker Pass Hwy SFA O 5/16/2018 73 73 73 No No No 783-52-042 1981 Lavender Wy SFA O 5/4/2018 1 1 No 808-18-003/ 014- 016 Glen Loma Rch SFA O 6/11/2018 172 172 No 783-72-043 2243 Banyan Ct SFA O 7/9/2018 1 1 1 No 808-18-014, 018 Glen Loma Rch SFA O 8/9/2018 43 43 43 No 808-43-005 Syrah Ct.SFA O 8/16/2018 52 52 52 No 808-18-017 Glen Loma Rch SFA O 8/16/2018 84 84 84 No 783-52-029 8775 Wild Iris Dr.SFA O 9/14/2018 1 1 1 No 783-52-018 8762 Foxglove Ct.SFA O 9/20/2018 1 1 No 808-19-010, 024 Glen Loma Rch SFA O 10/8/2018 113 113 113 No 783-72-053 2291 Banyan St.SFA O 10/19/2018 1 1 No 783-72-035 8950 Mimosa Ct.SFA O 11/7/2018 1 1 No 783-72-049 9211 Mahogany Ct SFA O 11/19/2018 1 1 No 783-72-027 9205 Mimosa Ct.SFA O 11/21/2018 1 1 No TR10379 LOT 37 7945 MUSTARD SEED WAY SFA O 1/4/2018 1 1 1 No TR10379 LOT 38 7955 MUSTARD SEED WAY SFA O 1/4/2018 1 1 1 No TR10379 LOT 39 7965 MUSTARD SEED WAY SFA O 1/4/2018 1 1 1 No 783 72 028 9010 TEA TREE WAY SFA O 1/11/2018 1 1 1 No 790 66 017 162 SANDPIPER WY SFA O 1/17/2018 1 1 1 No 790 66 018 160 SANDPIPER WY SFA O 1/18/2018 1 1 1 No 790 66 019 158 SANDPIPER WY SFA O 1/18/2018 1 1 1 No 790 66 020 156 SANDPIPER WY SFA O 1/18/2018 1 1 1 No 783 36 068 8741 EVERGREEN CT SFA O 2/5/2018 1 1 No 783 36 070 8761 EVERGREEN CT SFA O 2/5/2018 1 1 No 783 36 069 8751 EVERGREEN CT SFA O 2/5/2018 1 1 No 783 36 073 8760 EVERGREEN CT SFA O 2/5/2018 1 1 No 783 36 072 8750 EVERGREEN CT SFA O 2/5/2018 1 1 No 783 36 074 8770 EVERGREEN CT SFA O 2/5/2018 1 1 No 841 14 011 6500 MONTEREY RD SFA O 2/6/2018 1 1 1 No 790 66 011 165 SANDPIPER WY SFA O 2/7/2018 1 1 1 No 790 66 014 159 SANDPIPER WY SFA O 2/7/2018 1 1 1 No 790 66 015 157 SANDPIPER WY SFA O 2/7/2018 1 1 1 No 810 87 036 2882 LEMON GRASS LN SFA O 2/7/2018 1 1 No 810 87 060 2888 LEMON GRASS LANE SFA O 2/7/2018 1 1 1 No 810 87 061 2898 LEMON GRASS LANE SFA O 2/7/2018 1 1 1 No TR10379 LOT 54 2911 GRASSLAND WAY SFA O 2/7/2018 1 1 1 No 810 72 022 6545 EAGLE RIDGE CT SFA O 2/26/2018 1 1 1 No 810 72 023 6555 EAGLE RIDGE CT SFA O 2/26/2018 1 1 1 No TR10398 LOT 55 2901 GRASSLAND WAY SFA O 2/26/2018 1 1 1 No TR10398 LOT 69 2740 LONE OAK LANE SFA O 2/26/2018 1 1 1 No 783 52 033 8735 WILD IRIS DR SFA O 3/2/2018 1 1 1 No 841 07 038 7558 CHESTNUT ST SFA O 3/7/2018 1 1 1 No 810 72 024 6565 EAGLE RIDGE CT SFA O 3/8/2018 1 1 1 No 810 72 025 6575 EAGLE RIDGE CT SFA O 3/8/2018 1 1 1 No TR10369 LOT 35 731 SULLIVAN WAY SFA O 3/8/2018 1 1 1 No TR10369 LOT 36 725 SULLIVAN WAY SFA O 3/8/2018 1 1 1 No 51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Housing Development Applications Submitted Table A 6.I.b Packet Pg. 59 Attachment: Attachment A - 2018 Housing-Element-Annual-Progress-Report (2051 : 2018 General Plan Annual Report) City of Gilroy STAFF REPORT Agenda Item Title: Amendment to the Agreement with Granite Rock Company for the Ronan Channel Trail West Branch Llagas Creek Trail Construction Project Number 15-PW-228, and Approval of Budget Amendment in the Amount of $185,000 Meeting Date: April 1, 2019 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Nirorn Than Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development  Customer Service ☐ Enhanced Public Safety RECOMMENDATION a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2018-2019 and appropriating proposed expenditure amendments. b) Approve an amendment to the contract with the Granite Rock Company in the amount of $185,000 including a 10% contingency for the Ronan Channel Trail, West Branch Llagas Creek Trail Project, and authorize the City Administrator to execute the amendment and associated documents. BACKGROUND On October 3, 2011, the City Council approved a design contract for the Ronan Channel Trail Project, Project No. 15-PW -228 (also known as West Branch Llagas Creek Trail Project), and two other trail projects. The design was completed in August 7.A Packet Pg. 60 2017 and the project was advertised for construction in September 2017. The construction contract was awarded to Granite Rock Company (the lowest responsive and responsible bidder) in December 2017, for a total amount of $1,814,859.42 with a 10% contingency of $181,486 to account for unforeseen conditions or necessary field changes to the scope of work. The Ronan Channel (West Branch Llagas Creek) trail improvement project includes the construction of an asphalt trail and a cast-in-place concrete pedestrian bridge, associated earthwork, irrigation, planting, striping, signage, and other incidental work. The project limits are from south of Leavesley Road to just north of 6th street and west to the intersection of Sixth Street and Rogers Lane. This project is in part funded by Federal grants for a total amount of $1,706,000 ($672,000 for design effort, and $1,034,000 for construction and construction management efforts). Another grant from Santa Clara Valley Water District (SCVWD) in the amount of approximately $178,076 is also used for this project. The Santa Clara Valley Water District permit and a Caltrans Encroachment Permit were obtained for this project. The project was advertised in the Gilroy Dispatch, San Jose Mercury News, and on eBidBoard (a web-based plan room). The City of Gilroy executed a contract with Granite Rock Company on January 30, 2018 and work commenced in late April 2018. However, project activities were suddenly suspended upon determination that the appropriate California Department of Fish and Wildlife (CDFW) permit was not obtained for the project. The following section s will discuss a brief history of the project, actions city staff and consultants have taken to mitigate the permitting hurdles, and the need for a contract amendment to complete this project in a timely manner. To date, Granite Rock Company has mobilized and installed temporary mitigation measures for the Stormwater Management Program; however, the project was suspended on May 3, 2018 due to a Notice of Violation from the California Department of Fish and Wildlife (CDFW). A brief history and timeline of project activities are presented below: - Spring 2010 – City applied for Santa Clara Valley Transportation Authority (VTA) Bicycle Expenditure Program (BEP) grant for the design of the following Bicycle/Pedestrian Trails: o Lions Creek SCVW D Service Road West (Kern Avenue to Day Road); Project B42 o Lions Creek SCVW D Service Road West (West of Santa Teresa Blvd); Project B43 o Western Ronan Channel SCVW D Service Road (Leavesley to Llagas Creek); Project B40 - November 2010 - The City and SCVW D entered into the Joint Use Agreement for the Western Ronan Channel (Llagas creek trail) project 7.A Packet Pg. 61 - October 2011 - A design contract with Drake Haglan and Associates (Drake Haglan) was approved by Council for the above three trail projects. - March 2013 - OBAG program grant application was submitted - February 2014 - Administrative draft initial study prepared by EMC consultants - March 2014 - Mitigated Negative Declaration prepared by EMC consultants - July 2014 – Letter received from the US Army Corps of Engineers stating no permits required for wetland mitigation and water of the US impacts - June 2014 – National Environmental Protection Act (NEPA) Categorical Exclusion approval completed - August 2017 - Drake Haglan completed design plans and specs - September 2017 – Project Construction contract advertised in Mercury News and Gilroy Dispatch - October 2017 - Bids opened; two bidders submitted bids and Granite Rock selected as the lowest, responsive and responsible bidder - April 16, 2018 - Notice to Proceed issued - April 23, 2018 - Construction activities commenced - May 3, 2018 – work suspended on the project by CDFW warden - May 16, 2018 - received a written letter of Notice of Violation from CDFW On March 23, 2018, the City issued a partial Notice to Proceed to Granite Rock with an effective Notice to Proceed of April 16, 2018. On April 23, 2018, Granite Rock commenced construction activities with vegetation clearing and grubbing, and installing preliminary storm water control devices such as erosion control fence, sediment control filter log, etc. On April 30, 2018, Granite Rock completed ground survey and began to excavate into the top of stream bank along Miller Slough (a tributary of West Branch Llagas Creek) for the two bridge abutments. Construction activities in the channel were suspended on May 3, 2018 due to the issuance of a Notice of Violation from the California Department of Fish and Wildlife (CDFW). This Notice was issued as a result of the City failing to file for proper notification per Fish and Game Code section 1602 which requires an entity to notify California Department of Fish and Wildlife (CDFW) before commencing an activity that will substantially divert or obstruct the natural flow, or substantially change or use any material from the bed, channel or bank of any river, stream, or lake. It appears that while the city completed the NEPA and CEQA environmental documents, the appropriate permits were not received from the pertinent regulatory agencies. The notice from CDFW caused the project team to review and reevaluate project documents and conduct a thorough review of all the permitting requirements for the 7.A Packet Pg. 62 project. After a period of review, it was determined that while the CEQA and NEPA documents were filed correctly, and went through an appropriate public review period, it appeared that the original environmental clearance – completed in 2014 - was performed for a combination of projects (three separate trail projects along the Uvas Creek Channel and the West Llagas Branch Creek Trail), rather than for a specific project, which perhaps caused confusion among those that later worked on this project. When it was discovered that other permits such as the Santa Clara Valley Habit Plan (HCP), California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement, and the Regional Water Quality Control (RWQCB) Section 401 Application had not been properly obtained, City staff acted i mmediately to rectify this situation and directed TRC Solutions, Inc. (and their environmental sub consultant Toure Environmental Engineering, Inc.) to work on obtaining the required project specific permits. During this permitting period, May to October 2018, the City instructed Granite Rock Company to demobilize, winterize the project site, and assist the project team in ensuring compliance with the new permitting requirements. These activities were above and beyond the original scope of work and resulted in an increase in the contract amount of $185,000. This increase in costs is due to the following reasons:  Stormwater Maintenance and Compliance: prior to the winter month, the contractor was instructed to install stormwater management devices to prevent pollutants from entering and leaving the project site. This includes the installation of fiber roll, silt fence, erosion blanket, and environmental sensitive area (ESA) fencing. The total cost for this work is $19,110.  Demobilization: the cost to demobilize the construction equipment, temporary facilities, and rental units is $9,906.  Labor Escalation: Since the project was suspended in 2018 and is not scheduled to re-start until April 15, 2019 there are escalation costs related to the number of man-hours of work (5982 Man Hours) that were postponed for one year. This includes wage rate increases for all the different trades for the project. The total cost for this escalation is $13,941.  Material Escalation: Since the project was suspended in 2018 and is not scheduled re-start until April 15, 2019 there are escalation costs related to the amount of material required to build the project. This includes the cost for asphalt concrete, baserock, concrete, rebar, wood, and much more. The total cost for this escalation is estimated to be $28,861.  Subcontractor cost: Other subcontractors were also already onsite when the project was suspended. This resulted in demobilization, material storage, and equipment rental fees. The total cost for this is $12,391. 7.A Packet Pg. 63  Additional cost (including contingency): This cost is to account for vandalism, material stolen from the jobsite, and indirect overhead costs associated with this suspension. This cost is $100,790. To date, the City has received the approved permits from all the listed agencies above and is ready to resume construction. Staff has reviewed and vetted the contractor’s request for this change order and staff recommends that the City Council approve this Change Order No. 1 for an amount of $164,010 and include an additional $20,990 in contingency to account for all the changes described above. ALTERNATIVES Council has the following options regarding this amendment: 1. Approve this amendment: Approve Change Order No. 1 to Granite Rock Company’s contract so as to continue the construction of the Ronan Channel Trail Project. STAFF RECOMMENDS THIS OPTION. 2. Not approve this amendment: This would stop the construction of the Ronan Channel Trail Project. The City would lose the federal grant and may not qualify for federal grants for future projects. In addition, this may result in additional costs to the city due to re-advertising and project startup costs. STAFF DOES NOT RECOMMEND THIS OPTION. FISCAL IMPACT/FUNDING SOURCE The project is funded by local facilities impact funds and two grants for construction funding: 1) a grant from the Santa Clara Valley Water District in the amount of $178,076, and 2) a Federal Grant in the amount of $1,034,000. The remaining funding comes from the city’s Public Facilities Impact fund. In order to continue work on the Project, staff requests Council’s approval of a budget amendment of $185,000 from the Public Facilities Impact fund. There are sufficient funds available in the Public Facilities Impact Fund. The total Granite Rock Company contract cost will be as follows: Cost Original Contract Price $1,814,859.42 Contingency (10%) $181,486 7.A Packet Pg. 64 Change Order No. 1 $164,010 Increase in Contingency $20,990 Total Revised Contract Price $1,978,869 Total Contingency $202,476 Attachments: 1. Original Contract for Graniterock Company 2. Change Order No. 1 3. Reso Budget Amendment Graniterock 4. Staff Report 7.A Packet Pg. 65 SECTION 00500 AGREEMENT WEST BRANCH L LAGAS CREEK TRAIL PROJECT NUMBER 1 5-PW-22 8 T HI S A GREE MEN1 , made thi s 30th cl ay o f January, 2018 . , by and betwee n th e City of Gilroy, h ere in a fter ca ll ed the "City," a nd Granite Rock Co1:1pany . 5~\-lt\~\>J\L12:kZZO h e r e in aft e r ca ll ed the "Contra c tor.·· eo.~~D llA °tSlb1$ WIT N ES S ETH: W HEREAS , th e C it y has ca use cl th e Con tract Do c ume n ts to b e pre pare d compri sed of b 1cl chn g a n d con tr act r e qu ire men ts a nd tech n ica l speci fi ca tio ns and drawin gs for th e constru c tio n of th e WEST BRA N C H LU\G AS CREEK TRAIL. PROJECT NO .15 -PW-228 , a s d es c ribed th e rein . a nd VVHEREAS , th e C o ntra c to 1 has o ff e r e d to perfo rm th e propo s ed wor k i n acco r dance w ith th e term s of th e Contra c t Doc ume nt s NOW . THER EFOR E , i n co nsid eratio n of th e m u tu al rnv e nants and ag r eeme n ts of th e parties h e r e in c onta i n e d and to be p e rfo rmed , th e C ity and Contractor agre e as follo ws : Article 1 . Wo r k Con tr acto r s ha ll c o mpl et e ihe W ork as s p ec1 fi e cl o r 1ncli c at e d 1n th e Co nira c t D oc um ents Articl e 2. Cont ract T ime . Th e Work s h all b e c ompl e te cJ by th e C ontractor in accordan ce wi th th e Con tr act Documents w ithin the ti me pe riod req ui red by Paragraph 00810-2 0 T ime AHowed fo r Co mp l etion . s ubject to e xt e ns i on as ex p res s ly prov idecl in th e C ontra c t Do c uments 7.A.a Packet Pg. 66 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Article 3. Liquidated Damages. The city and the contractor recognize that the city will suffer substantial damages and significant financial loss as a result of the contractor's delays in performance of the work described in the contract documents. The city and the contractor hereby acknowledge and agree that the damages and financial loss sustained -as a re sult of any such delays in performance will be extremely difficult and impractical to ascertain. Therefore, the city and co ntractor hereby agree that in the event of such delays in performance, the city shall be entitled to compensation by way of liquidated damages (and not penalty) for the detriment resulting therefrom in accordance with paragraph 00700-6 .5, liquidated damages, of the contract documents. The city and the contractor further agree that the amounts designated as liquidated damages are a reasonable estimate of the city's damages and financial loss in the event of any such delays in performance considering all of the circumstances existing as of the date of this agreemen t, including the relationship of such amounts to the range of harm to the city which reasonably could be anticipated as of the date of this agreement and the expectation that proof of actual damages would be extreme ly difficult and impractical. By initialing this paragraph below, the parties hereto signify their approval and consent to the terms of this article 3 . Article 4. Contract Price . In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contract Price set forth in the co·ntract Documents . Article 5. Contract Documents. The Contract Documents which comprise the entire agreement between-City and Contractor concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and the following, all of which are hereby incorporated into this Agreement by reference with the same force and effect as if set forth in full. Invitation to Bid Instructions to Bidders West Branch Llagas Creek T ra il Project No. 15-PW-228 S ECTI O N 00430 -36 7.A.a Packet Pg. 67 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Bid Documents Designation of Subcontractors Bid Guaranty Bond Agreement Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements Standard Specifications (Caltrans) Technical Specifications Drawings Addenda, if any Executed Change Orde rs, if any Maintenance Bond Notice of Award Notice to Proceed Article 6 . Miscellaneous . Capitalized terms used in this Agreement which are defined in Section 01090 , References, of the Contract Documents will have the meanings set forth in Section 01090 , References. Contractor shall not assign any rights , obligations, duties or responsibilities under or interest in the Contract Documents without the prior written consent of the City , which consent may be withheld by the City in its sole discretion. No assignment by the Contractor of any rights , obligations , duties or responsibilities under or interests in the. Contract Documents will be binding on the City without the prior written consent of the City (which consent may be withheld in City's sole discretion); and specifically but without limitation monies that may become due and monies that are due, may not be .. assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any wdtte n. consent to an assignment, executed by the City , no assignment will release or discharge the assignor from any liability , duty, obligation, or responsibility under the Contract Documents . Subject to the foregoing, the Contract Documents shall be binding upon and· shaH inure to the benefit of the parties hereto and their respective successors and assigns . Nothing contained in the Contract Documents shall in any way constitute a personal obligation of or impose any personal liability on any employees, officers , directors , West Branch Ll agas Creek Trail Project No. 15-PW-228 SECT ION 00430-37 7.A.a Packet Pg. 68 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail agents or representatives of the City or its successor and assigns . In accordance with California Business and Professions Code Section 7030, the Contractor is required by law to be licensed and regulated by the Contractors ' State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a latent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violahon. Any questions concerning the Contractor may be referred to the Registrar, Contractors' State License Board, P .O. Box 26000, Sacramento, California 95826 . IN WITNESS WHEREOF , this agreement has been executed on this day of ~\:3,,.r cl, \ , "Ze>\ «. C:i cu.f\\:te (2.oc\s Co vn fle\v\lj Name of Contractor A:::~-. Signature of City ~ a cSo h, ~ \ l e:~ .~z ~z_ Title of Signator GVP Title of Signator ATTEST: Signature Title of Signator ***END OF SECTION*** West Bran ch Ll agas Creek T ra il Proj ect No . 15-PW-228 SECT ION 00430-38 7.A.a Packet Pg. 69 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail FEDERAL MINIMUM WAGE RATES For current rates , see the Federal Website: http://www.dot.ca .gov/hq/esc/oe/federal-wages/ca09 .pdf for current rates. West Branch Llagas Creek Trail Project No. 15-PW-228 Appendix D 7.A.a Packet Pg. 70 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail General Decision Number : CA180009 01/26/2018 CA9 Superseded General Decision Number : CA20170009 State: California Construction Types: Building , Heavy (Heavy and Dredging) and Highway Counties: Alpine , Amador , Butte , Colusa, El Dorado , Glenn , Lassen , Marin , Modoc, Napa, Nevada , P l acer , Plumas, Sacramento , Shasta , Sierra , Siskiyou, Solano, Sonoma, Sutter , Tehama , Trinity, Yolo and Yuba Counties in California. BUILDING CONSTRUCTION PROJECTS (excluding Amador County only); DREDGING CONSTRUCTION PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); AND HIGHWAY CONSTRUCTION PROJECTS Note : Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015 . If this contract is covered by the EO , the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination , if it is higher) for all hours spent performing on the contract in calendar year 2018 . The EO minimum wage rate wi ll be adjusted annually. Please note that this EO app l ies to the above -mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts , inc l uding those set forth at 29 CFR 5.l(a) (2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 1 01/12/2018 2 01/19/2018 3 01/26/2018 ASBE0016 -001 08/01/2017 AREA 1 : MARIN, NAPA , SAN BENITO , SAN FRANCISCO , SOLANO, & SONOMA COUNTIES AREA 2: ALPINE, AMADOR , BUTTE , COLUSA, EL DORADO, GLENN , MODOC , NEVADA , PLACER , PLUMAS , SACRAMENTO, SHASTA, SIERRA , SISKIYOU, SUTTER, TEHEMA , TRINITY , YOLO , & YUBA COUNTIES 7.A.a Packet Pg. 71 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Asbestos Workers/Insulator (Inc l udes the application of a ll insulating materials, Protective Coverings , Coatings , and Finishes to all types of mechanical systems) Rates Area 1 ...................... $ 62 . 3 6 Area 2 ...................... $ 4 9 . 4 6 ASBE0016 -007 01/01/2017 Fringes 23 .1 1 23.11 AREA 1 : ALPINE , AMADOR, BUTTE , COLUSA , EL DORADO , GLENN, LASSE N, MODOC , NEVADA , PLACER , PLUMAS , SACRAM ENTO , SHASTA , SIERRA , SISKIYOU , SOLANO , SONOMA , SU TTER , TEHAMA , TRINITY , YOLO & YUBA COUNTIES AREA 2 : MARIN & NAPA COUN T IES Asbestos Removal worker/hazardous material hand l er (Inc l udes preparation , wetting, stripping , removal , scrapping , vacuuming , bagging and disposing of all insulation materials from mech anical systems , whether they contain asbestos or not) Rates AREA 1 ...................... $ 2 8 . 2 0 AREA 2 ................ , ..... $ 3 2 . 9 8 BOIL0549 -002 10/01/2016 Rates BOILERMAKER (1) Marin & Solano Counties.$ 43.28 (2) Remaining Counties ...... $ 39 .68 BRCA0003-001 02/01/2017 Rates MARB LE FINISHER .................. $ 31 .17 BRCA0003 -004 05/01/2017 Fringes 8 .95 8.95 Fringes 37 .91 35.71 Fringes 14 .99 AREA 1: ALPINE, AMADOR, BUTTE , COLUSA , EL DORADO , GLENN , LASSEN , MODOC, NEVADA , PLACER, PLUMAS, SACRAMENTO , SHASTA , SIERRA , SUTTER , TEHAMA , YOLO AND YUBA COUNTIES AREA 2 : MARIN , NAPA , SISKIYOU , SOLANO, SONOMA AND TRINITY 7.A.a Packet Pg. 72 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail COUNTIES Rates BRICKLAYER A.REA 1 ...................... $ 3 9 . 6 6 AREA 2 ...................... $ 4 2 . 3 4 SPECIALTY PAY : Fr inges 20. 76 25.83 (A) Underground work such as tunnel work , sewer work , manholes, catch basins , sewer p i pes and telephone conduit sha ll be paid $1 .25 per hour above the regular rate. Work in direct contact with raw sewage shall receive $1 .25 per hour in addition to the above . (B) Operating a saw or grinder sha ll receive $1.25 per hour above the regular rate . (C) Gunite nozzle person shall receive $1.25 per hour above the regular rate. BRCA0003 -008 09/01/20 1 7 Rates TERRAZZO FINISHER ................ $ 35 .1 4 TE RRAZZO WORKER/SETTER ........... $ 44 .11 BRCA0003 -010 04/01/2017 Rates TILE FINISHER Area 1. .$ 25 .08 Area 2 . .$ 24.68 Area 3 . .$ 27 .48 Area 4. .. . $ 25 . 'EJO Tile Layer Area 1. . $ 41.81 Area 2 . "$ 40 .06 Area 3 . .$ 45 .80 Area 4 . .$ 42.67 Fringes 16.87 26 .36 Fringes 12. 97 15.55 15.45 14.90 15.62 17.43 17.5 17. 4 6 AREA 1 : Butte , Colusa, El Dorado , Glenn , Lassen, Modoc , Nevada , Placer, P lumas , Sacramento, Shasta, Sierra , Sutter , Tehema, Yolo , Yuba AREA 2: Alpine , Amador AREA 3 : Marin, Napa , Solano , Siskiyou AREA 4 : Sonoma BRCA0003 -014 02/0 1 /2017 Rates MARBLE MASON ..................... $ 41 . 77 Fringes 2 6. 7 6 7.A.a Packet Pg. 73 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail CARP0034 -001 07/01/2017 Rates Diver Assistant Tender , ROV Tender/Technician ........... $ 45.65 Diver standby ............... $ 50.61 Diver Tender ................ $ 49 .82 Diver wet ................... $ 95 .17 Manifo l d Operator (mixed gas) ........................ $ 54.82 Manifold Operator (Standby).$ 49 .82 DEPT H PAY (Surface Diving): 050 to 100 ft $2.00 per foot 101 to 150 ft $3.00 per foot 151 to 220 ft $4 .00 per foot SATURATION DIVING : Fringes 31. 91 31 .91 31.91 31 .91 31 .91 31 .91 The standby rate shall apply until saturation starts . The saturation diving rate app l ies when divers are under pressure continuously until work task and decompression are complete . The diver rate shall be paid for all saturation hours . DI VING IN ENCLOSURES : Where it is necessary for Divers to enter pipes or tunnels , or other enclosures where there is no vertical ascent , the following premium shal l be paid : Distance traveled from entrance 26 feet to 300 feet : $1 .00 per foot. When it is necessary for a diver to enter any pipe, tunnel or other enclosure less than 48" in height , the premium will be $1 .00 per foot . WORK IN COMBINATION OF CLASSIFICATIONS : Employees work i ng in any combination of c l assifications within t .he diving crew (except dive supervi sor) in a shift are paid in the classification with the highest rate for that shift . CARP0034 -003 07/01/2017 Rates Fringes Piledriver ....................... $ 46 .65 31. 91 CARP0035 -001 08/01/2017 AREA 1 : MARIN , NAPA , SOLANO & SONOMA AREA 3 : SACRAMENTO, WESTERN EL DORADO (Territory west of an inc l uding highway 49 and the territory inside the city limits of Placerville), WESTERN PLACER (Territory west of and including highway 49), & YOLO 7.A.a Packet Pg. 74 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail AREA 4: ALPINE , BUTTE, COLUSA , EASTERN EL DORADO , GLENN , LASSEN , MODOC , NEVADA , EASTERN PLACER , PLUMAS , SHASTA, SIERRA , SISK I YOU , SUTTER , TEHAMA , TRINI TY, & YUBA Rates Drywal l Insta l lers/Lathers: Area 1 ...................... $ 4 6. 4 0 Area 3 ...................... $ 41.02 Area 4 ...................... $ 39 .67 Drywa l l Stocker/Scrapper Area 1 ...................... $ 2 3. 2 0 Area 3 ...................... $ 2 0. 5 1 Area 4 ...................... $ 19 .84 CARP0035 -009 07/01/2017 Marin County Rates CARPENTER Bridge Builder/Highway Carpenter ................... $ 46 .40 Hardwood Floorlayer , Shingler , Power Saw Operator , Steel Scaffold & Steel s ·horing Erector , Saw Filer ....................... $ 46 .55 Journeyman Carpenter ........ $ 46 .40 Mi llwright .................. $ 4 6. 50 CARP0035 -010 07/01/2017 AREA 1 : Marin, Napa , So l ano & Sonoma Co u n t ies AREA 2: Monterey , San Benito and Santa Cruz Fringes 29 .1 5 29 .15 29 .15 1 6 .88 16.88 16.88 Fringes 28.71 28 . 71 28 .7 1 30 .30 AREA 3 : Alpine , Butte , Colusa , El Dorado , Gl enn , Lassen , Modoc , Nevada , Placer, Plumas , Sacramento , Shasta , Sierra , Siskiyou , Sutter , Tehama , Trinity , Yolo & Yuba counties Rates Modu l ar Furniture Installer Area 1 Insta ll er I .......... , ..... $ 24 .91 Installer II ............... $ 22.18 Lead Installer ............. $ 29 .06 Master Installer ........... $ 33 .28 Area 2 Installer I ................ $ 22 .96 I nstaller II ............... $ 20 .0 1 Lead Installer ............. $ 25 .93 Master Instal ler ........... $ 29 .56 Fringes 19 .63 20.42 20 .92 20 .92 20 .42 20.42 20 .92 20 .92 7.A.a Packet Pg. 75 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Area 3 Installer I ................ $ 22 .01 Installer II ............... $ 19.24 Lead Installer ............. $ 24 .81 Master Installer ........... $ 31.83 CARP0046 -001 07/01/20 1 7 20 .42 20 .42 20.92 20 .92 El Dorado (West), Placer (West), Sacramento and Yolo Counties Rates Carpenters Bridge Builder/Highway Carpenter ................... $ 46.40 Hardwood Floorlayer, Shingler , Power Saw Operator, Steel Scaffold & Steel Shoring Erector , Saw Filer ....................... $ 40 .67 Journeyman Carpenter ........ $ 40.52 Mi ll wright .................. $ 43.02 Fringes 28 .71 28.71 28.71 30.30 Footnote: Placer County (West) includes territory West of and including Highway 49 and El Dorado County (West) includes territory West of and including Highway 49 and territory inside the city limi ts of Placerville. CARP0046-002 07/0 1 /2017 Alpine , Col u sa , El Dorado (East), Nevada , Placer (East), Sierra , Sutter and Yuba Counties Rates Carpenters Bridge Builder/Highway Carpenter ................... $ 46.40 Hardwood Floorlayer , Shing l er , Power Saw Operator , Steel Scaffold & Stee l Shoring Erector, Saw Fi l er ....................... $ 39 .32 Journeyman Carpenter ........ $ 38 .1 7 Millwright .................. $ 41.67 CARP0152 -003 07/01/2017 Amador County Rates Carpenters Bridge Bui l der/Highway Carpenter ................... $ 46.40 Fringes 28.71 28.7 1 28 .71 30 .30 Fringes 28.71 7.A.a Packet Pg. 76 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Hardwood F l oor l ayer , Shing l er , Power Saw Operator , Steel Scaffo l d & Steel Shoring Erector , Saw Fi l er ....................... $ 39 .32 Journeyman Carpenter ........ $ 39 .17 Millwright .................. $ 4 1.67 CARP0180 -00 1 07/01/2017 Solano County Rates Carpenters Bridge Bui l der/Highway Carpenter ................... $ 46 .40 Hardwood Floorlayer , Shingl er , Power Saw Operator , Stee l Scaffold & Steel Shoring Erector , Saw Filer ....................... $ 4 6 . 55 Journeyman Carpenter ........ $ 46.40 Mil l wright .................. $ 46 .50 CARP0751 -00 1 07/0 1 /2017 Napa and Sonoma Counties Rates Carpenters Bridge Builder/Highway Carpenter ................... $ 46.40 Hardwood Floorlayer , Sh ing l er , Power Saw Operator , Steel Scaffold & Stee l Shoring Erector , Saw Fi l er ....................... $ 46 .55 Journeyman Carpenter ... , .... $ 46 .40 Mil l wr i ght .................. $ 46 .50 CARP1599 -00 1 07/01/2017 28 .71 28.71 30 .30 Fringes 28.71 28 .71 28 .71 30.30 Fringes 28.71 28.71 28.71 30 .30 Butte , Gl enn , L assen , Modoc , Plumas , Shasta , Siskiyou , Tehama and Trini ty Counties Rates Fringes Carpenters Bridge Bui l der/Highway Carpenter ................... $ 46.40 28 .7 1 Hardwood Floorlayer , Shingler , Power Saw Operator , Steel Scaffold & Steel Shoring Erector , Saw 7.A.a Packet Pg. 77 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Filer ....................... $ 39 .32 Journeyman Carpenter ........ $ 39 .1 7 Millwright .................. $ 41.67 ELEC0180 -001 06/01/2017 NAPA AND SOLANO COUNTIES Rates CABLE SPLICER .................... ~ 50.97 ELECTRICIAN ...................... $ 47 .31 ELEC0180-003 12/01/2016 NAPA AND SOLANO COUNTIES Rates Sound & Communications Installer ................... $ 35 .07 Technician .................. $ 39 .93 SCOPE OF WORK INCLUDES- 28 .71 28 .71 30.30 Fringes 3 %+20 .13 23 .05 Fringes 3 %+17 .55 3 %+17.55 SOUND & VOICE TRANSMISSION (Music , Intercom, Nurse Call , Telephone); FIRE ALARM SYSTEMS [excluding fire alarm work when insta ll ed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or j obs], TELEVISION & VIDEO SYSTEMS , SECURITY SYSTEMS , COMMUNICATIONS SYSTEMS that transmit or receive information and/or control systems that are intrinsic to the above . EXCLUDES - Excludes all other data systems or multiple systems which include contro l function or power supply ; excludes installation of raceway systems, line voltage work, industria l work , life-safety systems (all buildings having floors l ocated more than 75 ' above the l owest floor level having building access); excludes energy management systems . ELEC0340-002 12/01/2016 ALPINE , AMADOR , BUTTE , COLUSA , EL DORADO , GLENN , LASSEN, NEVADA , PLACER , PLUMAS, SACRAMENTO, TRINITY, YOLO , YUBA COUNTIES Communicat i ons System Sound & Communications Rates Installer ................... $ 28 .35 Sound & Communications Technician .................. $ 32 .60 Fringes 3 %+14 .46 3 %+14.46 7.A.a Packet Pg. 78 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail SCOPE OF WORK Includei the insta ll ation testing, service and maintenance, of the following systems which utilize the transmission and/or transference of voice , sound , vision and digital for commercial , education, security and entertainment purposes for the following TV moni taring a .nd survei ll ance , background -foreground music, intercom and telephone interconnect, inventory control systems , microwave transmi ssion , multi -media, multiplex, nurse call system , radio page , school intercom and sound , burg l ar a l arms , and low voltage master c l ock systems. A . SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS Background foreground music In tercom and telephone interconnect systems, Te l ephone systems , Nurse cal l systems , Radio page systems , Schoo l intercom and sound systems , Burglar alarm systems, Low voltage master clock systems, Multi-media/multiplex systems , Sound and musical entertainment systems , RF systems , Antennas and Wave Guide . B. FIRE ALARM SYSTEMS Installation , wire pulling and testing C . TELEVISION AND VIDEO SYSTEMS Television monitoring and survei l lance systems , Video security systems , Video entertainment systems , Video educational systems , Microwave transmission systems , CATV and CCTV D. SECURITY SYSTEMS Perimeter security systems Vibration sensor systems Card access systems Access control systems Sonar/infrared monitoring equipment E . COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE INFORMATION AND/OR CONTROL SYSTEMS THAT ARE INTRINSIC TO THE ABOVE LISTED SYSTEMS SCADA (Supervisory Control and Data Acquisition) PCM (Pulse Code Modu l at i on) Inventory Control Systems Digital Data Systems Broadband and Baseband and Carriers Point of Sale Systems VSAT Data Systems Data Communication Systems RF and Remote Contro l Systems Fiber Optic Data Systems WORK EXCLUDED Raceway systems are not covered (exc l uding Ladder -Rack for the purpose of the above l isted systems). Chases and/or nipples (not to exceed 10 feet) may be installed on open wiring systems . Energy management systems. SCADA (Supervisory Control and Data Acquisition) when not intrinsic to the above l isted systems (in the scope). Fire alarm systems when installed in raceways (including wire and cab l e pulling) shall be performed at the electrician wage rate, when either of the following two (2) conditions apply: 1 . The project involves new or major remodel building trades construction. 2 . The conductors for the fire alarm system are installed in conduit . 7.A.a Packet Pg. 79 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail ELEC0340 -003 08/01/2017 AL PINE (West of Sierra Mt . Watershed), AMADOR , BUTTE , COLUSA, E L DORADO (West of Sierra Mt. Watershed), GLENN , LASSEN , NEVADA (West of Sierra Mt . Watershed), PLACER , PLUMAS , SACRAMEN TO, SHASTA , SIERRA (West of Sierra Mt . Watershed), SUTTER , TEHAMA , TRI NITY, YOLO & YUBA COUNTIES Rates ELECTRIC I AN Remai n ing area .............. $ 40 .06 Sierra Army Depot , Herlong .. $ 48 .83 Tunnel work ................. $ 4 1.0 1 Fringes 27 .04 18 .54 18 .54 CABLE SPLICER : Rece i ves 110 % of the Electric i an bas i c hour l y rate . E LEC040 1-005 07/01/20 1 6 ALPINE (east of the main watershed divide), EL DORADO (east of the main watershed divide), NEVADA (east of the main watershed), PLACER (east of the main watershed divide) and SIERRA (east of the main watershed divide) COUN T IES : Rates ELECTRICIAN ...................... $ 38. 50 ELEC055 1-004 06/01/20 1 7 MAR I N AND SONOMA COUNTIES Rates ELECTRICIAN ...................... $ 4 7 . 4 0 ELEC0551 ~005 12/01/2016 MAR I N & SONOMA COUNTIES Rates Sound & Communications Installer ................... $ 35 .07 Technician ... : .............. $ 39.33 SCOPE OF WORK INCLUDES - Fringes 16 .82 Fringes 21 .60 Fringes 1 8.91 19 .04 SOUND & VOICE TRANSMISSION (Music , Intercom , Nurse Call , Telephone); FIRE ALARM SYSTEMS [exc l ud i ng fire alarm work when instal l ed in raceways (including wire and cab l e pull i ng) and when performed on new or major remodel bui l ding projects or j obs], TELEVISION & VIDEO SYSTEMS , SECURITY SYS TEMS, COMMUNICATIONS 7.A.a Packet Pg. 80 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail SYSTEMS that transmit or receive information and/or control systems that are intrinsic to the above . EXCLUDES - Exc l udes all other data systems or multiple systems which include contro l function or power supply ; excludes installation of raceway systems , line voltage work, industrial work , life-safety systems (all bui l dings having floors located more than 75' above the lowest floor leve l having building access); excludes energy management systems . ELEC0659 -006 07/01/2017 DEL NORTE, MODOC and SISKIYOU COUNTIES Rates ELEC TRICIAN ...................... $ 32. 69 ELEC0659-008 02/01/2013 DEL NORTE , MODOC & SISKIYOU COUNTIES Rates Line Construction (1) Cable Splicer ........... $ 51 .09 (2) Lineman , Pole Sprayer , Heavy Line Equipment Man .... $ 45.62 (3) Tree Trimmer ............ $ 32 .07 (4) Line Equipment Man ...... $ 45.62 (5) Powdermen, Jackhammermen ............... $ 34 .22 ( 6) Groundman ............... $ 31. 31 ELEC1245 -004 06/01/20 1 7 ALL COUNTIES EXCEPT DEL NORTE , MODOC & SISKIYOU Rates LINE CONSTRUCTION (1) Lineman ; Cab l e splicer .. $ 55.49 (2) Equipment specialist (operates crawler tractors , commercial motor vehic l es , backhoes , trenchers , cranes (50 tons and below), overhead & underground distribution line equipment) ........... $ 4 4 . 32 ( 3) Groundman ............... $ 33 . 89 (4) Powderman ............... $ 49.55 Fringes 16. 72 Fringes 4 %+13 .30 4 %+13.30 4 %+9.80 4 %+9 .80 4 %+9 .80 4 %+9 .80 Fringes 16.62 3 %+17.65 3 %+17 .65 3 %+17 .65 HOLIDAYS : New Year's Day , M.L . King Day, Memorial Day , 7.A.a Packet Pg. 81 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Independence Day , Labor Day , Veterans Day , Thanksgiving Day and day after Thanksgiving, Christmas Day ELEV0008 -001 01/01/20 1 8 Rates Fringes ELEVATOR MECHANIC ................ $ 65 .45 32 .645 FOOTNOTE: PAID VACATION : Employer contributes 8 % of regular hourly rate as vacation pay credit for employees with more than 5 years of service , and 6 % for 6 months to 5 years of service . PAID HOLIDAYS : New Years Day , Memorial Day , Independence Day , Labor Day, Veterans Day, Thanksgiving Day , Friday after Thanksgiving, and Christmas Day . ENGI0003 -008 07/01/2017 Dredging: (DREDGING : CLAMSHELL & DIPPER DREDGING ; HYDRAULIC SUCTION DREDGING :) AREA 1: Rates (1) Leverman ............... $ 44 .77 (2) Dredge Dozer ; Heavy duty repairman ............. $ 39.81 (3) Booster Pump Operator ; Deck Engineer; Deck mate ; Dredge Tender; Winch Operator ................... $ 38 . 69 (4) Bargeman; Deckhand; Fireman ; Leveehand ; Oiler .. $ 35.39 AREA 2 : (1) Leverman ............... $ 46 .77 (2) Dredge Dozer; Heavy duty repairman ............. $ 41.81 (3) Booster Pump Operator ; Deck Engineer; Deck mate ; Dredge Tender ; Winch Operator ................... $ 40. 69 (4) Bargeman; Deckhand; Fireman; Leveehand ; Oiler .. $ 37.39 AREA DESCRIPTIONS Fringes 31. 25 31. 25 31. 25 31. 25 31. 25 31. 25 31. 25 31. 25 AREA 1 : ALAMEDA ,BUTTE , CONTRA COSTA , KINGS , MARIN, MERCED, NAPA, SACRAMENTO , SAN BENITO , SAN FRANCISCO, SAN JOAQUIN , SAN MATEO , SANTA CLARA , SANTA CRUZ , SOLANO , STANISLAUS, SUTTER , YOLO , AND YUBA COUNTIES AREA 2 : MODOC COUNTY 7.A.a Packet Pg. 82 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail THE REMAINGING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW : ALPINE COUNTY : Area 1 : Northernmost part Area 2: Remainder CALAVERAS COUNTY : Area 1: Remainder Area 2 : Eastern part COLUSA COUNTY : Area 1 : Eastern part Area 2 : Remainder ELDORADO COUNTY : Area 1 : North Central part Area 2 : Remainder FRESNO COUNTY : Area 1: Remainder Area 2 : Eastern part GLENN COUNTY: Area 1 : Eastern part Area 2 : Remainder LASSEN COUNTY : Area 1 : Western part along the Southern portion of border with Shasta County Area 2 : Remainder MADERA COUNTY : Area 1: Except Eastern part Area 2 : Eastern part MARIPOSA COUNTY Area 1 : Except Eastern part Area 2 : Eastern part MONTERREY COUNTY Area 1: Except Southwestern part Area 2 : Southwestern part NEVADA COUNTY: Area 1 : All but the Northern portion along the border of Sierra County Area 2 : Re ma i nde r PLACER COUNTY : Area 1: Al but the Central portion Area 2 : Remainder PLUMAS COUNTY : Area 1 : Western portion Area 2 : Remainder 7.A.a Packet Pg. 83 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail SHASTA COUNTY: Area 1: All but the Northeastern corner Area 2: Remainder SIERRA COUNTY : Area 1: Western part Area 2 : Remainder SISKIYOU COUNTY : Area 1: Central part Area 2 : Remainder SONOMA COUNTY : Area 1: All but the Northwestern corner Area 2 : Remainder TEHAMA COUNTY : Area 1: All but the Western border with Mendocino & Trinity Counties Area 2: Remainder TRINITY COUNTY: Area 1 : East Central part and the Northeastern border with Shasta County Area 2: Remainder TUOLUMNE COUNTY: Area 1: Except Eastern part Area 2 : Eastern part ENGI0003 -0 1 8 06/26/2017 "AREA 1" WAGE RA TES ARE LISTED BELOW "AREA 2 " RECEIVES AN ADDITIONAL $2 .00 PER HOUR ABOVE AREA 1 RATES. SEE AREA DEFINITIONS BELOW OPERATOR : Power Equipment (AREA 1:) Rates GROUP 1 ..................... $ 4 4 . 67 GROUP 2 ..................... $ 4 3 . 14 GROUP 3 ..................... $ 4 1. 6 6 GROUP 4 ..................... $ 4 0 . 2 8 GROUP 5 ..................... $ 39.01 GROUP 6 ..................... $ 37 .69 GROUP 7 ..................... $ 36 .55 GROUP 8 ..................... $ 35 .41 GROUP 8 -A ................... $ 33.20 OPERATOR: Power Equipment (Cranes and Attachments - Fringes 30.39 30 .39 30 .39 30.39 30.39 30 .39 30 .39 30 .39 30.39 7.A.a Packet Pg. 84 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail AREA 1:) GROUP 1 Cranes ..................... $ 46.30 Oiler ...................... $ 36.63 Truck crane oiler .......... $ 39 .20 GROUP 2 Cranes ..................... $ 43.79 Oiler ...................... $ 36.36 Truck crane oiler .......... $ 38 .98 GROUP 3 Cranes ..................... $-42.05 Hydraulic .................. $ 38 .32 Oiler ...................... $ 36 .1 4 Truck Crane Oi l er .......... $ 38.71 GROUP 4 Cranes ..................... $ 39 . 01 OPERATOR : Power Equipment (Piledr i ving -AREA 1:) GROUP 1 Lifting devices ............ $ 45 .89 Oiler ...................... $ 36.63 Truck crane oi l er .......... $ 39.20 GROUP 2 Lifting devices ............ $ 44.07 Oiler ...................... $ 36 .36 Truck Crane Oiler .......... $ 38 .98 GROUP 3 L ifting devices ............ $ 42.39 Oiler ...................... $ 36 .1 4 Truck Crane Oiler .......... $ 38.7 1 GROUP 4 Lifting devices ............ $ 40 .62 GROUP 5 Lifting devices ............ $ 39.32 GROUP 6 Lifting devices ............ $ 37 .98 OPERA TOR: Power Equipment (Steel Erection -AREA 1:) GROUP 1 Cranes ..................... $ 46.30 Oil er ...................... $ 36.63 Truck Crane Oi l er .......... $ 39 .20 GROUP 2 Cranes ..................... $ 43.79 Oiler ...................... $ 36 .36 Truck Crane Oiler .......... $ 38.98 GROUP 3 Cranes ..................... $ 42 .05 Hydraulic .................. $ 38.32 Oiler ...................... $ 36 .1 4 Truck Crane Oi l er .......... $ 38 .71 GROUP 4 Cranes ..................... $ 39 . 01 GROUP 5 Cranes ..................... $ 35. 13 OPERATOR : Power Equipment (Tunnel and Underground Work 30 .39 30.39 30 .39 30 .39 30 .39 30.39 30 .39 30.39 30 .39 30 .39 30 .39 30.39 30.39 30.39 30 .39 30.39 30 .39 30 .39 30 .39 30.39 30 .39 30 .39 30 .39 30 .39 30.39 30,39 30 .39 30.39 30.39 30 .39 30.39 30.39 30.39 30.39 30 .39 7.A.a Packet Pg. 85 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail -AREA 1:) SHAFTS , STOPES, RAISES: GROUP 1 .................... $ 40.77 30 .39 GROUP 1-A .................. $ 43 .24 30.39 GROUP 2 .................... $ 39.51 30 .39 GROUP 3 .................... $ 38 .1 8 30.39 GROUP 4 .................... $ 37 .0 4 30 .39 GROUP 5 .................... $ 35.90 30.39 UNDERGROUND: GROUP 1 .................... $ 40.67 30.39 GROUP 1-A .................. $ 43.14 30 .39 GROUP 2 .................... $ 39 .41 30.39 GROUP 3 .................... $ 38 .08 30 .39 GROUP 4 .................... $ 36.94 30 .3 9 GROUP 5 .................... $ 35.80 30 .39 FOOTNOTE: Work suspended by ropes or cables , or work on a Yo -Yo Cat : $.60 per hour additional. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Operator of helicopter (when used in erection work); Hydraulic excavator, 7 cu. yds . and over; Power shovels, over 7 cu. yds. GROUP 2: Highline cableway ; Hydraulic excavator , 3-1/2 cu. yds . up to 7 cu . yds .; Licensed construction work boat operator, on site; Power blade operator (finish); Power shovels , over 1 cu . yd. up to and including 7 cu. yds. m.r.c. GROUP 3 : Asphalt milling machine; Cable backhoe ; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine assistant to engineer or mechanic ; Crane mounted continuous flight tie back machine, tonnage to apply; Crane mounted dril l attachment , tonnage to apply; Dozer , slope brd; Gradall; Hydraulic excavator , up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over ; Long reach excavator; Multiple engine scraper (when used as push pull); Power shovels , up to and including 1 cu . yd .; Pre -stress wire wrapping machine ; Side boom cat, 572 or larger; Track loader 4 cu . yds. and over ; Wheel excavator (up to and including 750 cu . yds. per hour) GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to and including 3/4 cu. yd .; Concrete batch plant (wet or dry); Dozer and/or push cat ; Pull-type elevating loader; Gradesetter , grade checker (GPS , mechanical or otherwise); Grooving and grinding machine ; Heading shield operator; Heavy-duty drilling equipment , Hughes, LOH, Watson 3000 or similar; Heavy-duty repairperson and/or welder; Lime spreader; Loader under 4 cu . yds.; Lubrication and service engineer (mobile and grease rack); Mechanical finishers or spreader machine (asphalt, Barber-Greene and similar); Miller Formless M-9000 slope paver or similar ; Portable crushing 7.A.a Packet Pg. 86 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail and screening plants; Power blade support; Roller operator, asphalt ; Rubber-tired scraper , self -loading (paddle-wheels , etc .); Rubber -tired earthmoving equipment (scrapers); Slip form paver (concrete); Small tractor with drag ; Soil stabilizer (P & Hor equal); Spider plow and spider puller ; Tubex pile rig ; Unlicensed constuction work boat operator , on site ; Timber skidder ; Track loader up to 4 yds .; Tractor -drawn scraper; Tractor, compressor drill combination; We l der ; Woods-Mixer (and other similar Pugmill equipment) GROUP 5 : Cast-in-place pipe laying machine; Combination slusher and motor operator ; Concrete conveyor or concrete pump , truck or equipment mounted ; Concrete conveyor , building site ; Concrete pump or pumpcrete gun ; Drilling equipment, Watson 2000 , Texoma 700 or similar ; Drilling and boring machinery , horizontal (not to apply to waterliners , wagon drills or jackhammers); Concrete mixer/all ; Person and/or material hoist ; Mechanical finishers (concrete) (Clary , Johnson , Bidwe l l Bridge Deck or similar types); Mechanical burm, curb and/or curb and gutter machine, concrete or asphalt); Mine or shaft hoist; Portable crusher ; Power jumbo operator (setting slip-forms , etc ., in tunnels); Screed (automatic or manual); Self -propelled compactor with dozer; Tractor with boom 06 or smaller ; Trenching machine , maximum digging capacity over 5 ft. depth ; Vermeer T -600B rock cutter or simi l ar GROUP 6: Armor -Coater (or similar); Ballast jack tamper; Boom-type backfilling machine; Assistant p l ant engineer; Bridge and/or gantry crane ; Chemical grouting machine , truck -mounted; Chip spreading machine operator ; Concrete saw (self -propelled unit on streets, highways, airports and canals); Deck engineer ; Drilling equipment Texoma 600 , Hughes 200 Series or similar up to and including 30 ft . m .r.c .; Dril l doctor ; Helicopter radio operator ; Hydro -hammer or similar ; Line master ; Skidsteer loader , Bobcat larger than 743 series or similar (with attachments); Locomotive ; Lull hi -lift or similar; Oiler , truck mounted equipment ; Pavement breaker, truck -mounted, with compressor combination ; Paving fabric installation and/or laying machine ; Pipe bending machine (pipelines only); Pipe wrapping machine (tractor propelled and supported); Screed (except asphaltic concrete paving); Self -prope ll ed pipeline wrapping machine ; Tractor; Self -loading chipper; Concrete barrier moving machine GROUP 7 : Ballast regulator ; Boom truck or dual -purpose A-frame truck , non-rotating -under 15 tons; Cary lift or similar; Combination slurry mixer and/or cleaner ; Drilling equipment, 20 ft . and under m.r.c.; Firetender (hot plant); Grouting machine operator ; Highline cableway signalperson ; Stationary belt loader (Kolman or similar); Lift slab machine (Vagtborg and similar types); Maginnes internal full slab vibrator; Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor combination); Pipe cleaning machine (tractor propelled and 7.A.a Packet Pg. 87 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail supported); Post driver ; Roller (except asphalt); Chip Seal; Self-propel l ed automatica ll y app l ied concrete curing mahcine (on streets , highways , airports and canals); Self -propelled compactor (without dozer); S i gnalperson ; Slip -form pumps (l ifting devi ce for concrete forms); Tie spacer ; Tower mobile ; Trenching machine, maximum digging capacity up to and including 5 ft. depth ; Truck -type loader GROUP 8 : Bit sharpener ; Boiler tender; Box operator ; Brakeperson ; Combination mixer and compressor (shotcrete/gunite); Compressor operator; Deckhand ; Fire tender ; Fork l ift (under 20 ft .); Generator ; Gunite/shotcrete equipment operator; Hydraul i c monitor ; Ken sea l mach i ne (or similar); Mixermobi l e ; Oiler; Pump operator ; Refrigeration plant ; Reservoir -debris tug (self - prope ll ed f l oating); Ross Carr i er (constru ction site); Rotomist operator ; Self -prope ll ed tape machine ; Shuttlecar ; Self -prope l led power sweeper operator (includes vacuum sweeper); S l usher operator ; Surface heater ; Switchperson ; Tar pot firetender ; Tugger hoist , single drum ; Vacuum cooling plant ; Welding machine (powered other t han by electricity) GROUP 8 -A : E l evator operator ; Skidsteer l oader -Bobcat 743 series or smaller , and similar (without attachments); Mini excavator under 25 H .P. (backhoe -trencher); Tub grinder wood chipper ALL CRANES AND ATTACHMENTS GROUP 1: Clamshe ll and dragline over 7 cu. yds.; Crane , over 100 t ons ; Derrick , over 1 00 tons ; Derrick barge pedestal -mounted , over 100 tons; Se l f -prope lled boom-type l ift i ng device , over 1 00 tons GROUP 2 : Clamshel l and dragline over 1 cu . yd . u p to and i ncluding 7 cu. yds.; Crane , over 45 tons up to and including 100 tons ; Derrick barge , 100 tons and under; Self -propelled boom-type l ifting device , over 45 tons; Tower crane GRO UP 3 : Clamshell and dragline up to and including 1 cu . yd.; Cranes 45 tons and under ; Self -propelled boom-type l ifting device 45 tons and under ; GROUP 4: Boom Truck or dual purpose A-frame truck , non -rotating over 1 5 tons ; Truck -mounted rotating telescopic boom type l ifting device , Manitex or simi l ar (boom truck) over 15 tons ; Truck -mounted rotating telescopic boom type lifting device , Manitex or similar (boom truck) -under 15 tons ; PILE DRIVERS 7.A.a Packet Pg. 88 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail GROUP 1 : Derrick barge pedestal mounted over 100 tons ; Clamshell over 7 cu. yds .; Self-propelled boom-type lifting device over 100 tons; Truck crane or crawler , land or barge mounted over 100 tons GROUP 2: Derrick barge pedestal mounted 45 tons to and including 100 tons ; Clamshell up to and including 7 cu. yds .; Self -propelled boom-t ype lifting device over 45 tons; Truck crane or crawler , land or barge mounted, over 45 tons up to and including 100 tons ; Fundex F-12 hydraulic pile rig GROUP 3 : Derrick barge pedestal mounted under 45 tons ; Self - propelled boom-type lifting device 45 tons and under; Skid/scow pi l edriver , any tonnage; Truck crane or crawler , land or barge mounted 45 tons and under GROUP 4 : Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over ; Heavy-duty repairperson/welder GROUP 5 : Deck engineer GROUP 6 : Deckhand ; Fire tender STEEL ERECTORS GROUP 1: Crane over 100 tons; Derri c k over 100 tons ; Self-· propelled boom-type lifting device over 100 tons GROUP 2 : Crane over 45 tons to 100 tons ; Derrick under 100 tons ; Self-propel l ed boom-type li fting device over 45 tons to 100 tons ; Tower crane GROUP 3 : Crane , 45 tons and under; Self -prope ll ed boom-type lifting device , 45 tons and under GROUP 4 : Chicago boom ; Forklift, 10 tons and over ; Heavy-duty r~pair person/welder GROUP 5: Boom cat TUNNEL AND UNDERGROUND WORK GROUP 1-A: Tunnel bore machine operator, 20 ' diameter or more GROUP 1: Heading shield operator ; Heavy -duty repairperson; Mucking machin e (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator GROUP 2 : Combination slusher and motor operator ; Concrete pump or pumpcrete gun ; Power jumbo operator 7.A.a Packet Pg. 89 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail GROUP 3 : Dri ll doctor ; Mine or shaft hoist GROUP 4 : Combination s l urry mixer cleaner ; Grouting Machine operator ; Motorman GROUP 5 : Bit Sharpener; Brakeman ; Combinat i on mixer and compressor (gunite); Compressor operator; Oi ler ; Pump operator ; Slusher operator AREA DE SCRIPT I ONS : POWER EQUIPMENT OPERA TORS , CRANES AND ATTAC HMENTS ,T UNNEL AND UNDERGROUND [These areas do not apply to Piledrivers and Stee l Erectors ] AREA 1 : ALAMEDA , BUTTE , CONTRA COSTA , KINGS , MARIN , MERCED , NAPA , SACRAMENTO , SAN BENITO , SAN FRANCISCO , SAN JOAQUIN , SAN MATEO , SANTA CLARA , SANTA CRUZ , SOLANO , STANISLAUS , SUTTER , YOLO , AND YUBA COUN TI ES AREA 2 -MODOC COUNTY THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BE LOW : ALPINE COUNTY : Area 1: Northernmost part Area 2 : Remainder CALAVERAS COUNTY: Area 1 : Except Eastern part Area 2 : Eastern part CO LUSA COUNTY : Area 1: Eastern part Area 2 : Remainder DEL NORTE COUNTY : Area 1: Extreme Southwestern corner Area 2 : Remainder ELDORADO COUN TY : Area 1 : North Central part Area 2 : Remainder FRESNO COUNTY Area 1: Except Eastern part Area 2 : Eastern part GLENN COUNTY: Area 1 : Eastern part Area 2 : Remainder HUMBOLDT COUNTY: Area 1: Except Eastern and Southwestern parts 7.A.a Packet Pg. 90 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Area 2: Remainder LAKE COUNTY: Area 1: Southern part Area 2: Remainder LASSEN COUNTY: Area 1: Western part along the Southern portion of border with Shasta County Area 2: Remainder MADERA COUNTY Area 1: Remainder Area 2: Eastern part MARIPOSA COUNTY Area 1: Remainder Area 2 : Eastern part MENDOCINO COUNTY: Area 1: Central and Southeastern parts Area 2: Remainder MONTEREY COUNTY Area 1: Remainder Area 2: Southwestern part NEVADA COUNTY: Area 1: All but the Northern portion along the border of Sierra County Area 2 : Remainder PLACER COUNTY: Area 1: All but the Central portion Area 2: Remainder PLUMAS COUNTY: Area 1: Western portion Area 2 : Remainder SHASTA COUNTY: Area 1: All but the Northeastern corner Area 2: Remainder SIERRA COUNTY : Area 1: Western part Area 2: Remainder SISKIYOU COUNTY : Area 1: Central part Area 2: Remainder SONOMA COUNTY: Area 1: All but the Northwestern corner Area 2: Reaminder TEHAMA COUNTY: 7.A.a Packet Pg. 91 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Area 1: All but the Western border with mendocino & Trinity Counties Area 2: Remainder TRINITY COUNTY : Area 1: East Central part and the Northeaster border with Shasta County Area 2: Remainder TULARE COUNTY; Area 1: Remainder Area 2 : Eastern part TUOLUMNE COUNTY : Area 1: Remainder Area 2: Eastern Part ENGI0003-019 07/26/2017 SEE AREA DESCRIPTIONS BELOW OPERATOR: Power Equipment (LANDSCAPE WORK ONLY) GROUP 1 Rates AREA 1 ...................... $ 3 4 . 0 5 AREA 2 ...................... $ 3 6 . 0 5 GROUP 2 AREA 1 ..................... $ 3 0 . 4 5 AREA 2 ..................... $ 3 2 . 4 5 GROUP 3 AREA 1 ................ · ..... $ 2 5 . 8 4 AREA 2 ..................... $ 2 7 . 8 4 GROUP DESCRIPTIONS: Fringes 28.73 28.73 28.73 28 .73 28 .73 28.73 GROUP 1: Landscape Finish Grade Operator: All finish grade work regardless of equipment used , and all equipment with a rating more than 65 HP. GROUP 2 : Landscape Operator up to 65 HP: All equipment with a manufacturer's rating of 65 HP or less except equipment covered by Group 1 or Group 3 . The following equipment shall be included except when used for finish work as long as manufacturer 's rating is 65 HP or less: A-Frame and Winch Truck, Backhoe , Forklift , Hydragraphic Seeder Machine , Roller, Rubber -Ti red and Track Earthmoving Equipment ·, Skiploader , Straw Blowers , and Trencher 31 HP up to 65 HP. GROUP 3: Landscae Utility Operator: Small Rubber -T ired Tractor , Trencher Under 31 HP. AREA DESCRIPTIONS : 7.A.a Packet Pg. 92 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail AREA 1 : ALAMEDA, BUTTE , CONTRA COSTA, KINGS, MARIN , MERCED, NAPA, SACRAMENTO, SAN BENITO , SAN FRANCISCO , SAN JOAQUIN , SAN MATEO , SANTA CLARA , SANTA CRUZ , SOLANO , STANISLAUS , SUTTER, YOLO, AND YUBA COUNTIES AREA 2 -MODOC COUNTY THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW : ALPINE COUNTY : Area 1: Northernmost part Area 2 : Remainder CALAVERAS COUNTY: Area 1: Except Eastern part Area 2: Eastern part COLUSA COUNTY : Area 1: Eastern part Area 2: Remainder DEL NORTE COUNTY: Area 1: Extreme Southwestern corner Area 2 : Remainder ELDORADO COUNTY: Area 1 : North Central part Area 2 : Remainder FRESNO COUNTY Area 1: Except Eastern part Area 2: Eastern part GLENN COUNTY: Area 1: Eastern part Area 2 : Remainder HUMBOLDT COUNTY: Area 1 : Except Eastern and Southwestern parts Area 2 : Remainder LAKE COUNTY : Area 1: Southern part Area 2 : Remainder LASSEN COUNTY : Area 1: Western part along the Southern portion of border with Shasta County Area 2 : Remainder MADERA COUNTY Area 1 : Remainder Area 2 : Eastern part MARIPOSA COUNTY Area 1: Remainder 7.A.a Packet Pg. 93 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Area 2 : Eastern part MENDOCINO COUNTY: Area 1 : Central and Southeastern parts Area 2: Remainder MONTEREY COUNTY Area 1 : Remainder Area 2 : Southwestern part NEVADA COUNTY: Area 1: All but the Northern portion along the border of Sierra County Area 2 : Remainder PLACER COUNTY: Area 1 : All but the Central portion Area 2: Remainder PLUMAS COUNTY: Area 1: Western portion Area 2 : Remainder SHASTA COUNTY: Area 1 : All but the Northeastern corner Area 2 : Remainder SIERRA COUNTY : Area 1: Western part Area 2 : Remainder SISKIYOU COUNTY: Area 1 : Central part Area 2: Remainder SONOMA COUNTY: Area 1 : All but the Northwestern corner Area 2 : Reaminder TEHAMA COUNTY : Area 1: All but the Western border with mendocino & Trinity Counties Area 2 : Remainder TRINITY COUNTY: Area 1 : East Central part and the Northeaster border with Shasta County Area 2 : Remainder TULARE COUNTY ; Area 1: Remainder Area 2 : Eastern part TUOLUMNE COUNTY: Area 1: Remainder Area 2: Eastern Part 7.A.a Packet Pg. 94 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail IRON0377-002 01/01/2017 Rates Ironworkers : Fence Erector ............... $ 29.58 Ornamental , Reinforcing and Structural .............. $ 36 .00 PREMIUM PAY: Fringes 21. 59 30 .15 $6 .00 additional per hour at the following locations: China Lake Naval Test Station , Chocolate Mountains Naval Reserve -Nil and, Edwards AFB , Fort Irwin Military Station , Fort Irwin Training Center-Goldstone , San Clemente Island , San Nicholas Island , Susanville Federal Prison, 29 Palms -Marine Corps, U.S . Marine Base -Barstow, U.S. Naval Air Facility -Sealey , Vandenberg AFB $4 .00 additional per hour at the following locations: Army Defense Language Institute -Monterey , Fallon Air Base, Naval Post Graduate School -Monterey, Yermo Marine Corps Logistics Center $2 .00 additional per hour at the fo llowing locations : Port Hueneme, Port Mugu , U.S. Coast Guard Station -Two Rock LAB00067 -001 12/01/2017 AREA "A" -MARIN COUNTY AREA "B" -ALPINE , AMADOR , BUTTE COLUSA EL DORADO, GLENN , LASSEN , MODOC, NAPA, NEVADA , PLACER, PLUMAS , SACRAMENTO , SHASTA, SIERRA , SISKIYOU , SOLANO, SONOMA , SUTTER , TEHAMA , TRINITY , YOLO, AND YUBA COUNTIES Rates Asbestos Removal Laborer ......... $ 23.00 LABORER (Lead Removal) Marin County ................ $ 30 .70 Remaining Counties .......... $ 29 .70 LAB00185-002 07/01/2017 Fringes 11 . 31 22 .1 7 22 .17 ALPINE , AMADOR , BUTTE , COLUSA, EL DORADO, GLENN , LASSEN, MODOC , NEVADA, PLACER , PLUMAS , SACRAMENTO, SHASTA , SIERRA , SISKIYOU , SUTTER , TEHAMA , TRINITY , YOLO AND YUBA COUNTIES 7.A.a Packet Pg. 95 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Rates Fringes LABORER Mason Tender -Brick .......... $ 30.45 21 .04 LAB00 1 85 -005 06/26/20 1 7 ALP I NE , AMADOR , BUTTE , COLUSA , EL DORADO , GLENN , LASSEN , MODOC , NEVADA , PLAC ER , P LUMAS , SACRAMENTO , S HASTA , SIERRA , SISK I YOU, S UT TER , TEHAMA , TRIN IT Y, YO LO AND YUBA COUNT IE S Rates Tunnel and Sh aft Laborers : GROUP 1 ..................... $ 36.60 GROUP 2 ..................... $ 36 .37 GROUP 3 ..................... $ 36 .1 2 GROUP 4 ..................... $ 35 .67 GROUP 5 ..................... $ 35 .1 3 Shotcrete Specialist ........ $ 37.1 2 TUNNEL AND SHAFT CLASSIFICATIONS Fr i nges 2 1.72 21.72 21.72 2 1.72 21 .72 21 .72 GROUP 1: Diamond driller; Groundmen ; Gunite and shotcrete nozzlemen GROUP 2: Rodmen ; Shaft work & raise (below actual or excavated ground level) GROUP 3 : Bit grinder ; Bl aster , dri ll er , powdermen , heading ; Cherry p~ckermen -where car is lifted ; Concrete finisher in tunnel ; Concrete screedman ; Grout pumpman and potman ; Gunite & shotcrete gunman & potman ; Headermen ; High pressure nozzleman ; Miner -tunnel , including top and bottom man on shaft and ra i se work ; Ni pper ; Nozz l eman on slick line ; Sandblaster -potman , Robotic Shotcrete P l acer , Segment Erector , Tunne l Muck Hau l er , Stee l Form ra i ser and setter ; Timberman , retimberman (wood or steel or substitu te materials therefore); Tugger (for tunnel laborer work); Cab l e tender ; Chuck tender ; Powderman -primer house GROUP 4: Vibrator operator , pavement breaker ; Bull gang - muckers , trackmen ; Concrete crew -includes rodding and spreading , Dumpmen (any method) GROUP 5 : Grout crew ; Reboundman ; Swamper/ Brakeman LAB00 1 85 -006 06/26/20 1 7 AL PINE , AMADOR , BUTTE , COLUSA , EL DORADO , GLENN , LASSEN , MODOC , NEVADA , PLACER, PLUMAS , SACRAMENTO , SH I ASTA , SIERRA , SISKIYOU , SUT TER , TEHAMA , TRINITY , YOLO , YUBA COUNTIES Rates Fringes 7.A.a Packet Pg. 96 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail LABORER (CONSTRUCTION CRAFT LABORERS -AREA B :) Construction Specialist Group ....................... $ GROUP 1 ..................... $ GROUP 1-a ................... $ GROUP 1-c ................... $ GROUP 1-e ................... $ GROUP 1-f ................... $ GROUP 2 ..................... $ GROUP 3 ..................... $ GROUP 4 ..................... $ 29 .49 22 .38 28.79 22 .38 29 .01 22 .38 28.84 22 .38 29.34 22 .38 29 .37 22 .38 28 .64 22 .38 28.54 22.38 22 .23 22.38 See groups 1-b and 1-d under laborer classifications. LABORER (GARDENERS , HORTICULTURAL & LANDSCAPE LABORERS -AREA B:) (1) New Construction ........ $ 28.54 (2) Establishment Warranty Period ...................... $ 22.23 LABORER (GUNITE -AREA B :) GROUP 1 ..................... $ 2 9 . 7 5 GROUP 2 ..................... $ 2 9 . 2 5 GROUP 3 ..................... $ 28.66 GROUP 4 ..................... $ 28.54 LABORER (WRECKING -AREA 8:) GROUP 1 ..................... $ 28.79 GROUP 2 ..................... $ 28.64 FOOTNOTES: 22.31 22.31 22 .31 22.31 22 .31 22.31 22.31 22.31 Laborers working off or with or from bos 'n chairs , swinging scaffolds , be l ts shall receive $0 .25 per hour above the applicable wage rate. This sha ll not app l y to workers entitled to receive the wage rate set forth in Group 1-a below. LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP : Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work ; Cast -in-place manhole form setter ; Pressure pipelayer; Davis trencher -300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko , Wacker and similar type tampers; Buggyrnobile; Caulker , bander , pipewrapper , conduit l ayer , plastic pipelayer; Certified hazardous.waste worker including Leade Abatement; Compactors of all types ; Concrete and magnesite mixer , 1/2 yd. and under; Concrete pan work; Concrete sander ; Concrete saw ; Cribber and/or shoring; Cut granite curb setter; Dri -pak-it machine ; Faller , logloader and bucker ; Form raiser , slip forms; Green cutter; Headerboard, Hubsetter, 7.A.a Packet Pg. 97 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail aligner , by any method ; High pressure blow pipe (1 -1/2 " or over , 100 lbs. pressure/over); Hydro seeder and similar type ; Jackhammer operator ; Jacking of pipe over 12 inches ; Jackson and similar type compactor ; Kettle tender , pot and worker applying asph alt , lay-ko l d , creosote , lime , caustic and simi l ar type materials (app l ying means app l ying , d i pping or handl ing of such materials); Lagging , sheeting , whaling , brac i ng , trench j acking , lagging hammer ; Magnesite, epoxyresin , fiberg l ass , mas t ic wo r ker (wet or dry); No j o i nt pipe and stripping of same , including repair of vo i ds ; Pavement breaker and spader , including tool grinder ; Perma curb ; Pipelayer (including grade checking in connection wi th pipelaying); Precast-manhole setter ; Pressure pipe tester ; Post hole digger , air , gas and e l ectric ; Power broom sweeper ; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun ; Riprap stonepaver and rock -slinger , including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or mu l tiple head concrete chipping scarifier ; Roto and Ditch Witch; Rototil l er ; Sandblaster , pot , gun , nozz l e operators ; Signal ling and riggi n g ; Tank cleaner ; Tree c l imbe r; Turbo blaster ; Vibrascreed , bull float in connection with l aborers ' work ; Vibrator ; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1 -a : Joy dri ll model TWM -2A ; Gardner -Denver mode l DH143 and similar type drills ; Track driller ; Jack l eg driller ; Wagon dril.ler ; Mechanica l drillers , all types reg.ardless of type or method of power ; Mechanical p i pe l ayers , al l types regardless of type or met h od of power ; Bl as t er and powder ; All work of l oading , placing and blasting of all powder and exp l osives of whatever t ype regardless of method used for such loading and p l acing ; High scalers (including dri ll ing of same); Tree topper ; Bit grinder GROUP 1-b : Sewer cleaners shall receive $4 .00 per day above Group 1 wage rates. "Sewer c l eaner " means any worker who h andles or comes in contact with raw sewage in smal l diameter sewers . Those who work inside recently active , large diameter sewers , and all recently active sewer man h oles shal receive $5 .00 per day above Group 1 wage rates . GROUP 1 -c : Burning and we l ding in connection with l aborers ' work ; Synthetic thermoplastics and similar type welding GRO UP 1 -d: Maintenance and repair track and road beds. All emp l oyees performing work covered herein shall receive$ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein . This paragraph shall not be construed to apply to work below ground leve l in open cut. It shall apply to cu t and cover work of subway construction after the temporary cover h as been placed . GROUP 1 -e : Work on and/or in bell hole footings and shafts 7.A.a Packet Pg. 98 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe -under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification "material cleaner" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should n~t be used in the performance of ''form stripping, cleanihg and oiling and moving to the next point of erection". GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman 7.A.a Packet Pg. 99 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail GROUP 3: Reboundman GROUP 4 : Gunite laborer WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and sa l vaging of sash , windows and materials) GROUP 2 : Semi-skilled wrecker (salvaging of other bui l ding materials) LAB00185-008 07/01/2017 Rates Fringes Plasterer tender ................. $ 31.02 22 .52 Work on a swing stage scaffoid : $1 .00 per hour additional. LAB00261-002 06/26/2017 MARIN COUNTY LABORER (TRAFFIC CONTROL/LANE CLOSURE) Rates Escort Driver , Flag Person .. $ 29 .54 Traffic Control Person I .... $ 29 .84 Traffic Control Person II ... $ 27 .34 Fringes 22 .1 7 22 .1 7 22 .17 TRAFFIC CONTROL PERSON I: Layout of traffic control , crash cushions , construction area and roadside signage . TRAFFIC CONTROL PERSON II : Installation and removal of temporary/permanent signs , markers , delineators and crash cushions. LAB00261 -004 06/26/20 1 7 MARIN COUNTY Tunnel and Shaft Laborers : Rates GROUP 1 ..................... $ 36.60 GROUP 2 ..................... $ 36 .37 GROUP 3 ..................... $ 36 .1 2 GROUP 4 ..................... $ 35 . 67 GROUP 5 ..................... $ 35 .13 Shotcrete Specialist ........ $ 37.12 Fringes 21 . 72 21 . 72 21 . 72 21 . 72 21.72 21 .72 7.A.a Packet Pg. 100 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller ; Groundmen ; Gunite and shotcrete nozzlemen GROUP 2 : Rodmen ; Shaft work & raise (below actual or excavated ground level) GROUP 3 : Bit grinder ; Blaster , driller , powdermen , heading ; Cherry pickermen -where car is l ifted ; Concrete finisher in tunnel; Concrete screedman ; Grout pumpman and potman ; Gunite & shotcrete gunman & potman ; Headermen; High pressure nozzleman; Miner -tunnel, including top and bottom man on shaft and raise work; Nipper ; Nozzleman on slick line ; Sandblaster -potman, Robotic Shotcrete Placer , Segment Erector , Tunnel Muck Hauler, Steel Form raiser and setter ; Timberman , retirnberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender ; Powderman -primer house GROUP 4 : Vibrator operator , pavement breaker ; Bul l gang - muckers , trackmen ; Concrete crew -includes rodding and spreading , Dumpmen (any method) GROUP 5 : Grout crew ; Reboundman; Swamper/ Brakeman LAB00261-007 07/01/2017 MARIN AND NAPA COUNTIES LABORER Rates Mason Tender-Brick .......... $ 31.70 LAB00261 -010 06/26/2017 MARIN COUNTY LABORER (CONSTRUCTION CRAFT LABORERS -AREA A :) Construction Specialist Group ....................... $ GROUP 1 ..................... $ GROUP 1-a ................... $ GROUP 1-c ................... $ GROUP 1-e ................... $ GROUP 1 -f ................... $ GROUP 2 ..................... $ GROUP 3 ..................... $ GROUP 4 ..................... $ Rates 30.49 29 . 79 30 .01 29 .84 30 .34 30 .37 29.64 29 .54 23 .23 Fringes 21. 04 Fringes 22 .38 22.38 22.38 22.38 22 .38 22 .38 22 .38 22 .38 22.38 See groups 1 -b and 1 -d under laborer classifications. LABORER (GARDENERS, HORTICULTURAL & LANDSCAPE 7.A.a Packet Pg. 101 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail LABORERS -AREA A :) (1) New Construction ........ $ 29.54 (2) Establishment Warranty Period ...................... $ 23 .23 LABORER (GUNITE -AREA A :) GROUP 1. .................... $ 30 . 75 GROUP 2 ..................... $ 30.25 GROUP 3 ..................... $ 29.66 GROUP 4 ..................... $ 29 .54 LABORER (WRECKING -AREA A :) GROUP 1 ..................... $ 2 9 . 7 9 GROUP 2 ..................... $ 29 .64 FOOTNOTES : 22 .31 22.3 1 22 .31 22 .31 22 .31 22 .31 22 .31 22 .31 Laborers worki n g off or wit h or from bos 'n cha i rs , swing ing scaffolds , belts shall receive $0 .25 per hour above the applicable wage rate . This sha l l not apply to workers entit l ed to receive the wage rate set forth in Group 1 -a below . LABORER CLASSIFICATIONS CONS TRUCTION SPECIALIST GROUP : Asph alt ironer and raker ; Chainsaw ; Laser beam i n connection with laborers ' work ; Cast -in -p l ace manhole form setter ; Pressure pipelayer ; Davis trencher -300 or similar type (and all small trenchers); Blaster ; Diamond driller ; Mu l tiple unit dril l; Hydraulic drill GROUP 1 : Asphalt spreader boxes (a ll types); Barko , Wacker and simi l ar type tampers ; Buggymobile ; Caulker , bander , pipewrapper , conduit l ayer , plastic pipe l ayer ; Certified hazardous waste worker incl uding Leade Abatement ; Compactors of all types ; Concrete and magnesite mixer , 1/2 yd . and under ; Concrete pan work ; Concrete sander ; Concrete saw ; Cribber and/or shor i ng ; Cut granite curb setter ; Dri -pak -it machine ; Faller , log l oader and bucker; Form raiser , slip forms ; Green cutter ; Headerboard , Hubsetter , aligner , by any method ; High pressur e blow pipe (1 -1/2 " o r over , 100 lbs. pressure/over); Hydro seeder and similar t ype ; Jackhammer operator ; Jacking of pipe over 1 2 inches ; Jackson and similar type compactor; Kettle tender , pot and worker applying aspha l t , lay -kold , creosote , lime , caustic and similar type materials (app l ying means applying , dipping or handling of such materials); Lagging , sheeting , wha l ing , bracing , trenchjacking , lagging hammer ; Magnesite , epoxyresin , fiberglass , mastic worker (wet or dry); No joint pipe and stripping of same , including repair of voids ; Pavement breaker and spader , including tool grinder ; Perma curb ; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter ; Pressure pipe tester ; Post hole digger , air , gas and electric ; Power broom sweeper ; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; 7.A.a Packet Pg. 102 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Riprap stonepaver and rock-slinger , including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type ; Rotary scarifier or mu l tiple head concrete chipping scarifier ; Roto and Ditch Witch ; Rototi ll er ; Sandblaster , pot , gun , nozz l e operators; Signalling and rigging ; Tank cleaner ; Tree c l imber; Turbo blaster ; Vibrascreed , bull float in connection with l aborers ' work ; Vibrator ; Hazardous waste worker (l ead remova l ); Asbestos and mold removal worker GROUP 1 -a : Joy drill model TWM -2A ; Gardner -Denver model DH143 and similar type drills ; Track dril l er ; Jack leg driller; Wagon driller ; Mechanical drillers , all types regardless of type or method of power; Mechanica l pipe l ayers , a ll types regardless of type or method of power ; Bl aster and powder ; All work of loading , placing and blasting of all powder and explosives of whatever type regardl ess of method used for such loading and p l acing ; High scalers (inc l uding drilling of same); Tree topper ; Bit gri n der GROUP 1 -b : Sewer cleaners shall receive $4 .00 per day above Group 1 wage rates . "Sewer cleaner'' means any worker who handles or comes in contact with raw sewage in smal l diameter sewers . Those who work inside recently active , large diameter sewers , and all recently active sewer manholes shal receive $5 .00 per day above Group 1 wage rates. GROUP 1 -c: Burning and we l ding in connection with laborers ' work ; Synthetic thermoplastics and similar type welding GROUP 1 -d : Main t enance and repair track and road beds . All employees performing work covered herein shal l receive$ .25 per hour above the i r regu l ar rate for a ll work performed on underground structures not specifica ll y covered herein . This paragraph shall not be construed to app l y to work below ground l eve l in open cut . It shall apply to cut and cover work of subway construction after the temporary cover has been placed . GROUP 1 -e : Work on and/or in bell hole footings and shafts thereof , and work on and in deep footings . (A deep footing is a ho l e 15 feet or more in depth .) In the event the depth of the footing is unknown at the commencement of excavation , and the final depth exceeds 15 feet , the deep footing wage rate would apply to al l employees for each and every day worked on or in the excavation of the footing from the date of i nception. GROUP 1 -f: Wire winding machine in connection with guniting or shot crete GROUP 2: Aspha l t shove l er ; Cement dumper and handling dry cement or gypsum; Choke -setter and rigger (clearing work); Concrete bucket dumper and chute ; Concrete chipping and grinding ; Concrete laborer (wet or dry); Driller tender , chuck tender , nipper ; Guinea chaser (stake), grout crew ; 7.A.a Packet Pg. 103 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail High pressure nozzle, adductor ; Hydraulic monitor (over 100 lbs . pressure); Loading and unloading , carrying and hauling of all rods and materials for use in reinforcing concrete construction ; Pittsburgh chipper and similar type brush shredders ; Sloper ; Single foot , hand -held , pneumatic tamper ; All pneumatic , air , gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe -under 12 inches GROUP 3 : Construction laborers , inc l uding bridge and general laborer ; Dump , load spotter; Flag pers on ; Fire watcher; Fence erector; Guardrail erector ; Gardener , horticultural and landscape laborer ; Jetting ; Limber , brush loader and piler ; Pavement marker (button setter); Maintenance , repair track and road beds ; Streetcar and railroad construction track laborer ; Temporary air and water lines , Victaulic or similar ; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris , grounds and building including but not limited to : street cleaner ; cleaning and washing windows ; brick cleaner (jobsite only); materia l cleaner (jobsite o nly). Th e classification "material cleaner " is to be utilized under the following conditions : A : at demolition site for the salvage of the material . B: at the conclusion of a job where the material is to be sa l vaged and stocked to be reused on another job . C: for the cleaning of salvage material at the jobsite or temporary jobsite yard . The material cleaner classification should not be used in the performance of "form stripping , cleaning and oiling and moving to the next point of erection ". GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozz l eman GROUP 2 : Nozz l eman, Gunman , Potman , Groundman GROUP 3 : Reboundman GROUP 4 : Gunite laborer WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2 : Semi -skilled wrecker (salvaging of other building materials) LAB00261 -015 07/01/20 17 7.A.a Packet Pg. 104 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Rates Fringes P l asterer tender ................. $ 31 .02 22.52 Work on a swing stage scaffold : $1.00 per hour additional . LAB00324-004 06/26/2017 NAPA, SOLANO, AND SONOMA , COUNT IES LABORER (TRAFFIC CONTROL/LANE CLOSURE) Rates Escort Driver, Flag Person .. $ 28.54 Traffic Control Person I .... $ 28.84 Traffic Control Person II ... $ 26 .34 Fringes 22 .1 7 22 .17 22.17 TRAFFIC CONTROL PERSON I: Layout of traffic control , crash cushions , construction area and roadside signage . TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs , markers, delineators and crash cushions. LAB00324-008 06/26/2017 NAPA, SOLANO , AND SONOMA COUNTIES Rates Tunnel and Shaft Laborers: GROUP 1. .................... $ 36. 60 GROUP 2 ..................... $ 36.37 GROUP 3 ..................... $ 36 .1 2 GROUP 4 ..................... $ 35.67 GROUP 5 ..................... $ 3 5 . 13 Shotcrete Specialist ........ $ 37.12 TUNNEL AND SHAFT CLASSIFICATIONS Fringes 21 . 72 21. 72 21.72 21. 72 21. 72 21. 72 GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster , driller, powdermen , heading; Cherry pickermen -where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman ; Gunite & shotcrete gunman & potman; Headermen ; High pressure nozzleman; Miner -tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster -potman , Robotic Shotcrete Placer , Segment Erector, Tunnel Muck Hauler, Steel Form raiser and 7.A.a Packet Pg. 105 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail setter ; Timberman , retirnberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender ; Chuck tender ; Powderman -primer house GROUP 4 : Vibra tor operator , pavement breaker ; Bull gang - muckers , trackmen ; Concrete crew -includes rodding and spreading , Dumpmen (any method) GROUP 5 : Grout crew ; Reboundman ; Swamper/ Brakeman LAB00324 -010 07/01/2017 SOLANO AND SONOMA COUNTIES LABORER Rates Mason Tender -Brick .......... $ 30 .70 LAB00324 -0 1 3 06/27/2017 NAPA , SOLANO, AND SONOMA COUNTIES LABORER (CONSTRUCTION CRAFT LABORERS -AREA B :) Construction Specialist Rates Group ....................... $ 2 9 . 4 9 GROUP 1. .................... $ 28 .79 GROUP 1 -a ................... $ 29 . 01 GROUP 1 -c ................... $ 28.84 GROUP 1-e ................... $ 29.34 GROUP 1 -f ................... $ 29 .37 GROUP 2 ..................... $ 28 .64 GROUP 3 ............. : ....... $ 2 8 . 5 4 GROUP 4 ..................... $ 2 2 . 2 3 Fringes 2 1. 04 Fringes 22.38 22.38 22 .38 22 .38 22 .38 22 .38 22 .38 22 .38 22 .38 See groups 1-b and 1-d under laborer classifications . LABORER (GARDENERS , HORTICULTURAL & LANDSCAPE LABORERS -AREA B:) (1) New Construction ........ $ 28.54 (2) Estab l ishment Warranty Period ...................... $ 22 . 23 LABORER (GUNITE -AREA B :) GROUP 1 ..................... $ 2 9 . 7 5 GROUP 2 ..................... $ 2 9. 2 5 GROUP 3 ..................... $ 2 8 . 6 6 GROUP 4 ..................... $ 2 8 . 5 4 LABORER (WRECKING -AREA B :) GROUP 1 ..................... $ 28 .79 GROUP 2 ..................... $ 28 .6 4 FOOTNOTES: 22.31 22 .31 22 .31 22.31 22 .3 1 22 .31 22 .31 22 .31 Laborers working off or with or from bos'n chairs , swinging scaffolds, belts shall receive $0 .25 per hour above the 7.A.a Packet Pg. 106 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail app l icabl e wage rate. This shall not apply to workers entitled to receive the wage rate se t forth in Group 1-a below . LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP : Asphalt ironer and raker ; Chainsaw ; Laser beam in connection with laborers ' work ; Cast -in-p l ace manhole form setter ; Pressure pipe l ayer ; Dav i s trencher -300 or similar type (and a ll small trenchers); Blaster ; Diamond driller ; Multiple unit drill ; Hydrau l ic drill GROUP 1 : Asphalt spreader boxes (al l types); Barko , Wacker and simi l ar type tampers ; Buggymobile ; Cau l ker, bander , pipewrapper , conduit layer , plastic pipelayer ; Certified hazardous waste worker including Leade Abatement; Compactors of all types ; Concrete and magnesite mixer , 1/2 yd . and under ; Concrete pan work ; Concrete sander; Concrete saw ; Cribber and/or shoring ; Cut granite curb setter ; Dri -pak-it machine; Faller , logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard , Hubsetter, aligner , by any method ; High pressure blow pipe (1 -1/2 " or over , 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches ; Jackson and similar type compactor ; Kett l e tender , pot and worker applying asphalt, lay -kold , creosote , l ime, caustic and similar type materials (applying means applying; dipping or hand l ing of such materiais); Lagging , sheeting, whaling , bra~ing , trenchjacking, l agging hammer ; Magnesite , epoxyresin, fiberglass , mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids ; Pavement breaker and spader , including too l grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast -manhole setter; Pressure pipe tester; Post hole digger , air , gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock -slinger , including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type ; Rotary scarifier or multip l e head concrete chipping scarifier ; Roto and Ditch Witch; Rototiller; Sandblaster , pot , gun, nozzle operators; Signalling and rigging; Tank cleaner ; Tree climber ; Turbo blaster ; Vibrascreed, bull float in connection with laborers ' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mo l d removal worker GROUP 1 -a : Joy drill model TWM -2A ; Gardner -Denver model DH143 and similar type drills ; Track driller ; Jack leg driller; Wagon driller; Mechanical dri ll ers, all types regardless of type or method of power ; Mechanical pipe layers , all types regardless of type or method of power; Blaster and powder; All work of loading , placing and b l asting of all powder and 7.A.a Packet Pg. 107 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail explosives of whatever type regardless of method used for such loading and placing ; High scalers (including dri ll ing of same); Tree topper ; Bit grinder GROUP 1 -b: Sewer cleaners shall receive $4 .00 per day above Group 1 wage rates. ''Sewer cleaner " means any worker who handles or comes in contact wi th raw sewage in sma ll diameter sewers. Those who work inside recent l y active , l arge diameter sewers , and all recen t ly active sewer manho l es sha l receive $5 .00 per day above Group 1 wage rates. GROUP 1 -c : Burning and we l d i ng in connection with l aborers ' work ; Synthetic thermoplastics and similar type welding GROUP 1-d : Ma i ntenance and repa i r track and road beds . All employees performing work covered herein shal l receive$ .25 per hour above their regu l ar rate for all work performed o n underground structures not specifica ll y covered h ere i n . This paragraph shall not be construed to apply to work below ground leve l in open cut . It shall apply to cut and cover work of subway construction after the temporary cover has been p l aced . GROUP 1-e : Work on and/or in bell hole footings and shafts thereof , and work on and in deep footings . (A deep footing is a ho l e 1 5 feet or more in depth .) In t he event the depth of the footing is u nknown at the commencement of excavation , and the final depth exceeds 15 feet , the deep foot i ng wage rate would app l y to all employ ees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1 -f : Wire winding mach i ne i n connection with guni t ing or shot crete GROUP 2 : Aspha l t shoveler; Cement dumper and hand li ng dry cement or gypsum ; Choke -setter and rigger (c l earing work); Concrete bucket dumper .and chute ; Concre t e chipping and grindi n g ; Concrete laborer (wet or dry); Driller tender , chuck tender , nipper ; Guinea chaser (stake), grout crew ; High pressure nozzle , adductor ; Hydrau l ic monitor (over 100 lbs. pressure); Loading and unloading , carrying and hau l ing of all rods and materials for use in reinforcing concrete construction ; Pit t sburgh chipper and similar type brush shredders ; Sloper ; Single foot , hand -he l d , pneumatic tamper ; All pneumatic , air , gas and electric tools not l isted in Groups 1 through 1-f ; Jacking of pipe -under 12 i nches GROUP 3 : Construction laborers, including bridge and general laborer ; Dump, load spotter ; Flag person ; Fire watcher ; Fence erector ; Guardrail erector ; Gardener , horticultural and landscape laborer ; Jetting ; Limber , brush loader and pi l er ; Pavement marker (button setter); Maintenance , repair track and road beds ; Streetcar and rai l road constructi6n track laborer; Temporary air and water l ines , Victaulic or 7.A.a Packet Pg. 108 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to : street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ''material cleaner" is to be utilized under the following conditions: A: at demolition site for the salvage of the material . B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification shou l d not be used in the performance of "form stripping , cleaning and oiling and moving to the next point of erection ". GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2 : Nozzleman, Gunman, Patman , Groundrnan GROUP 3 : Reboundrnan GROUP 4: Gunite laborer WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash , windows and materials) GROUP 2: Semi -skilled wrecker (salvaging of other building materials) LAB00324-019 07/01/2017 Rates Fringes Plasterer tender ................. $ 31.02 22 .52 Work on a swing stage scaffold: $1 .00 per hour additional. * PAIN0016-004 01/01/2018 MARIN, NAPA , SOLANO & SONOMA COUNTIES Rates Fringes Painters : ........................ $ 4 0. 62 23 .83 PREMIUMS: 7.A.a Packet Pg. 109 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail EXOTIC MATERIALS -$0.75 additional per hour. SPRAY WORK: -$0.50 additional per hour. INDUSTRIAL PAINTING -$0 .25 addit i onal per hour [Work on industrial buildings used for the manufacture and processing of goods for sale or service ; steel construction (bridges), stacks , towers , tanks, and simi l ar structures ] HIGH WORK : over 50 feet -$2 .00 per hour addi tional 100 to 180 feet -$4 .00 per hour additional Over 180 feet -$6.00 per houir addi tional * PAIN00 1 6 -005 01/01/20 1 8 ALPINE , BU TTE , COLUSA , EL DORADO (west of t h e Sierra Nevada Mountains), GLE NN, LASSEN (west of Hwy . 395 , excluding Honey Lake); MARIN , MODOC , NAPA , NEVADA (west of the Sierra Nevada Mountains), PLACER (west of the Sierra Nevada Mountains), PLUMAS , SACRAMENTO , SHASTA , SIERRA (west of the S i erra Nevada Mounta i ns), SISKIYOU, SOLANO , SONOMA , SUTTER, TEHAMA , TRINITY , YOLO AND YUBA COUNTIES Rates Fringes DRYWALL FINISHER/TAPER ........... $ 41 .03 25 .34 * PAIN0016 -007 01/01/2018 ALPINE, AMADOR , BUTTE , COLUSA . EL DORADO (west of the Sierra Nevada Mountains), GLENN , LASSEN (west of Highway 395 , excludi ng Honey Lake), MODOC , NEVADA (west of the Sierra Nevada Mountains), PLACER (west of the Sierra Nevada Mountains), PLUMAS , SACRAMENTO , SHASTA , SIERRA (west of the Sierra Nevada Moun t ains), SISKIYOU , SUTTER , TEHAMA, TRINITY , YOLO & YUBA COUNTIES Rates Painters : ........................ $ 32 . 91 SPRAY/SANDBLAST : $0 .50 additional per hour. EXOTIC MATERIALS : $1.00 additiona l per hour . Fringes 19 .26 HI GH TIME : Over 50 ft above ground or water level $2.00 additional per hour . 100 to 180 ft above ground or water level $4.00 additional per hour. Over 180 ft above ground or water level $6.00 additiona l per hour . * PAIN0016 -008 01/01/2018 MARIN , NAPA , SOLANO AND SONOMA COUNTIES Rates Fringes 7.A.a Packet Pg. 110 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail SOFT FLOOR LAYER ................. $ 48 .00 26.03 PAIN0169 -004 0 1 /0 1 /20 1 8 MARIN , NAPA & SONOMA COUNTIES ; SO LANO COUNTY (west of a l ine defined as fo l lows : Hwy . 80 corridor begi nn ing at the City of Fairfie l d , i n c l uding T ravis Air Force Base and Suisun City ; go ing north of Manakas Corner Rd ., continue north on Suisu n Valley Rd. to the Napa County l ine ; Hwy . 80 corridor south on Grizzly Island Rd. to the Grizz l y Island Management area) Rates Fringes GLAZIER .......................... $ 46.13 28 .04 * PA I N0567 -00 1 07/0 1 /20 1 7 EL DORADO COUNTY (east of the S i erra Nevada Mountains); LASSEN COUNTY (east of Highway 395 , beginning at Stacey and including Honey Lake); NEVADA COUNTY (east of the Sierra Nevada Mountains); PLACER COUNTY (east of the Sierra Nevada Mounta i ns); AND SIERRA COUNTY (east of the Sierra Nevada Mountains) Rates Painters: Brush and Roller ............ $ 24 .80 Spray Painter & Paperhanger .$ 26 .04 PREM I UMS : Fringes 12.94 12 .94 Specia l Coatings (Brush), and Sandblasting= $0 .50/hr Specia l Coat i ngs (Spray), and Steeplejack = $1 .00/hr Special Coat i ng Spray Steel $1.25/hr Swing Stage = $2 .00/hr *A special coating is a coa t ing that requires the mixing of 2 or more products . PAIN0567 -007 07/01/2017 EL DORADO COUNTY (east of the S i erra Nevada Mountains); LASSEN COUNTY (east of Highway 395, beginning at Stacey and inc l uding Honey Lake); NEVADA COUNTY (east of the Sierra Nevada Mounta i ns); PLACER COUNTY (east of the Sierra Nevada Mountains) AND S I ERRA COUNTY (east of the Sierra Nevada Mountains) Rates Fringes SOFT FLOOR LAYER ................. $ 28.30 12 .44 PAIN0567-010 07/0 1 /20 1 7 7.A.a Packet Pg. 111 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail EL DORADO COUNTY (east of the Sierra Nevada Mountains); LASSEN COUNTY (east of Highway 395, beginning at Stacey and including Honey Lake); NEVADA COUNTY (east of the Sierra Nevada Mountains); PLACER COUNTY (east of the Sierra Nevada Mountains); AND SIERRA COUNTY (east of the Sierra Nevada Mountains) Rates Fringes Drywa ll ( 1) Taper .................. , $ 30. 67 12.54 (2) Steepl ejack -Taper, over 40 ft with open space below ....................... $ 30.92 12.04 PAIN0767 -004 01/01/2018 ALPINE , AMADOR , BUTTE , COLUSA , EL DORADO, GLENN, LASSEN, MODOC , NEVADA, PLACER, PLUMAS , SACRAMENTO , SHASTA , SIERRA, SISKIYOU, SOLANO (Remainder), SUTTER , TEHAMA, TRINITY, YOLO , YUBA Rates Fringes GLAZIER .......................... $ 34.57 28 .25 PAID HOLIDAYS : New Year 's Day, Martin Luther King , Jr . Day, President's Day, Memorial Day, Independence Day , Labor Day , Veteran 's Day, Thanksgiving Day , and Christmas Day. Employee rquired to wear a body harness shall receive $1.50 per hour above the basic hourly rate at any elevation . PAIN1176-001 01/0 1 /20 17 HIGHWAY IMPROVEMENT Parking Lot Striping/Highway Marking: Rates GROUP 1 ..................... $ 34 .41 GROUP 2 ..................... $ 29 . 25 GROUP 3 ..................... $ 2 9 . 5 9 CLASSIFICATIONS Fringes 16.31 16.31 16.31 GROUP 1: Striper: Layout and application of painted traffic stripes and marking; hot thermo plastic ; tape , traffic str i pes and markings GROUP 2: Gamecourt & Playground Installer GROUP 3: Protective Coating , Pavement Sealing 7.A.a Packet Pg. 112 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail * PAIN1237-001 01/01/2018 ALPINE ; COLUSA ; EL DORADO (west of the Sierra Nevada Mountains); GLENN ; LASSEN (west of Highway 395 , beginning at Stacey and including Honey Lake); MODOC ; NEVADA (west of the Sierra Nevada Mountains); PLACER (west of the Sierra Nevada Mountains); PLUMAS ; SACRAMENTO ; SHASTA ; SIERRA (west of the Sierra Nevada Mountains); SISKIYOU; SUTTER ; TEHAMA; TRINITY ; YOLO AND YUBA COUNTIES Rates SOFT FLOOR LAYER ................. $ 34 .81 PLAS0300 -003 07/01/2014 PLASTERER AREA 295 : Alpine , Amador, Bu tte , Co l usa , El Dorado, Glenn , Lassen, Modoc , Nevada , Placer, Plumas , Sacramento , Shasta, Sierra , Siskiyou , Solano , Sutter , Tehema , Trinity , Rates Yolo & Yuba Counties ........ $ 31.41 AREA 355 : Marin ............. $ 34 .75 AREA 355 : Napa & Sonoma Counties .................... $ 31.41 PLAS0300 -005 07/01/2017 Rates CEMENT MASON/CONCRETE FINISHER ... $ 39.20 PLUM0038 -002 07/01/2017 MARIN AND SONOMA COUNTIES PLUMBER (Plumber , Steamfitter , Refrigeration F i tter) (1) Work on wooden frame structures 5 stories or less excluding hgih -rise buildings and commercial work such as hospitals , prisons , hotels, schools, casinos , wastewater treatment p l ants , and resarch faci li ties as wel l Rates Fringes 21 .51 Fringes 22 .26 22.26 22 .2 6 Fringes 19 .71 Fringes 7.A.a Packet Pg. 113 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail as refrigeration pipefitting, service and repair work -MARKET RECOVERY RATE ............... $ 70 .00 (2) All other work -NEW CONSTRUCTION RATE ........... $ 70.00 PLUM0038 -006 07/01/2017 MARIN & SONOMA COUNTIES Rates Landscape/Irrigation Fitter (Underground/Utility Fitter) ..... $ 59 .50 PLUM0228-001 01/01/2017 43 .24 43 .24 Fringes 38 .24 BUTTE , COLUSA, GLENN, LASSEN , MODOC , PLUMAS, SHASTA , SIERRA, SISK I YOU, SUTTER , TEHAMA , TRINITY & YUBA COUNTIES Rates PLUMBER .......................... $ 38 . 75 PLUM0343 -001 07/01/2017 NAPA AND SOLANO COUNTIES Rates PLUMBER/PIPEFITTER Light Commercia l ............ $ 30.85 All Other Work .............. $ 50.00 DEFINITION OF LIGHT COMMERICIAL : Fringes 28.89 Fringes 20 .40 34.00 Work shall include strip shopping centers , office buildings , schools and other commercial structures which the total plumbing bid does not exceed Two Hundred and Fifty Thousand ($250 ,000) and the total heating and cooling does not exceed Two Hundred Fifty Thousand ($250 ,000); or Any projects bid in phases shall not qualify unless the total project is less than Two Hundred Fifty Thousand ($250,000) for the plumbing bid ; and Two Hundred Fifty Thousand ($250 ,000) for the heating and cooling bid . Excluded are hospitals , jails , institutions and industrial projects, regardless size of the project FOOTNOTES : While fitting galvanized material : $.75 per hour additional . Work from trusses, temporary staging, unguarded structures 35 ' from the ground or water : $.75 per hour additional. Work from swing_ing scaffolds , boatswains chairs or similar devices : $.75 per hour additional . PLUM0350-001 02/01/2015 7.A.a Packet Pg. 114 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail EL DORADO COUNTY (Lake Tahoe area only); NEVADA COUNTY (Lake Tahoe area only); AND PLACER COUNTY (Lake Tahoe area only) Rates Fringes PLUMBER/PIPEFITTER ............... $ 30 .88 11.51 PLUM0355 -00 1 07/01/20 1 5 ALPINE , AMADOR , BUTTE , COLUSA , EL DORADO, GLENN , LASSEN, MODOC, NAPA , NEVADA, PLACER , PLUMAS, SACRAMENTO, SHASTA , SIERRA , SISKIYOU , SOLANO , SUTTER , TEHAMA , TRINITY , YOLO , AND YUBA COUN TIE S Rates Fringes Underground Uti li ty Worker /Landscape Fitter ........... $ 28 .60 10.05 PLUM0442-003 01/01/20 1 7 AMADOR (South of San Joaquin River) and ALPINE COUNTIES Rates Fringes PLUMBER .......................... $ 4 0 . 0 0 28.39 P LU M0447 -001 07/01/2017 AMADOR (north of San Joaquin River), EL DORADO (excluding Lake Tahoe area), NEVADA (excluding Lake Tahoe area); PLACER (excluding Lake Tahoe area), SACRAMENTO AND YOLO COUNTIES Rates PLUMBER/PIPEFITTER Journeyman .................. $ 48 .37 Light Conunercial Work ....... $ 36 .23 ROOF0081 -006 08/01/2017 MARIN , NAPA , SOLANO AND SONOMA COUNTIES Rates Roofer ........................... $ 38 .20 ROOF0081 -007 08/01/2017 Fringes 24 .00 17 .72 Fringes 16 .81 ALPINE , BUTTE , COLUSA , EL DORADO , GLENN ,LASSEN , MODOC , NEVADA , PLACER , PLUMAS, SACRAMENTO , SHASTA , SIERRA , SISKIYOU, SUTTER , TEHAMA , TRINITY , YOLO , AND YUBA COUNTIES 7.A.a Packet Pg. 115 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Ra t es Fringes Roofer ........................... $ 35 . 97 16 .83 SFCA0483 -003 07/31/2017 MARIN , NAPA , SOLANO AND SONOMA COUNTIES Rates Fri nges SPRINKLER F I TTER (Fire Sprinklers) ...................... $ 6 1.92 28 .57 SFCA0669 -003 04/01/20 1 7 ALPINE , BUTTE, COLUSA, EL DORADO , GLENN , LASSEN , MODOC , NEVA DA , PLACER , PLUMAS , SACRAMENTO , SHASTA , SIERRA , S I SK I YOU , SUTTER, TEHAMA ; TR I NI TY, YOLO AND YUBA COUNTIES Rates SPRINKLER FITTER ................. $ 37.20 SHEE0104 -006 07/03/2017 MARIN , NAPA , SOLANO SONOMA & TRINITY COUNTIES Sheet Meta l Worker Mechanical Contracts Rates $200 ,000 or less ............ $ 50 .29 All other work .............. $ 57 .09 SHEE0 1 04 -009 07/0 1 /20 1 7 Fringes 15 .84 Fr i nges 37 .16 . 37 .79 AMADOR , COLUSA , EL DORADO , NEVADA , PLACER , SACRAMENTO , SUTTER , YOLO AND YUBA COUNTIES Rates Fringes SHEET METAL WORKER ............... $ 4 1.80 33 .13 SHEE0104 -010 07/01/20 1 7 AlPINE COUNTY Rates Fringes SHEET METAL WORKER ............... $ 39.74 31 .50 * SHEE0104 -011 07/0 1 /2017 BUTTE , COLUSA , EL DORADO , GLENN , LASSEN , MODOC , NEVADA , PLACER , 7.A.a Packet Pg. 116 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail PLUMAS , SACRAMENTO , SHASTA , S I ERRA , SISKIYOU , SUTTER, TEHAMA , YOLO AND YUBA COUNTIES Rates Fringes Sheet Meta l Worker (Meta l decking and siding only) ......... $ 37.53 32.05 * SHEE0104 -014 07/01/2017 MAR I N, NAPA , SOLANO , SONOMA AND TRINITY COUNTIES Rates Fringes SHEE T METAL WORKER (Metal Decking and Siding on l y) ......... $ 37.53 32 .10 * SHEE0104 -019 07/01/2017 BUTTE , GLENN , LASSEN , MODOC , PLUMAS , SHASTA , SIERRA , SISKIYOU AND TEHAMA COUNTIES Rates SHEET METAL WORKER Mechanica l Jobs $200 ,000 & under .. : .................... $ 31.35 Mechanical Jobs over $200,000 .................... $ 4 1.80 TEAM0094 -001 07/0 1 /2017 Rates T ruck drivers : GROUP 1 ..................... $ 30 .72 GROUP 2 ..................... $ 3 1 .02 GROUP 3 ..................... $ 31.32 GROUP 4 ..................... $ 31 .67 GROUP 5 ..................... $ 32 .02 FOOTNOTES: Fringes 31 .09 33 .08 Fringes 27.47 27 .47 27 .47 27 .47 27 .47 Articu l ated dump truck ; Bulk cement spreader (with or without auger); Dumpcrete truck; Skid truck (debris box); Dry pre -batch concrete mix trucks ; Dumpster or similar type ; Slurry truck: Use dump truck yardage rate . Heater p l aner ; Asphalt burner ; Scarifier burner; Industrial lift truck (mechanical tailgate); Utility and clean-up truck: Use appropriate rate for the power unit or the equipment utilized . TRUCK DRIVER CLASS I FICATIONS GROUP 1: Dump trucks , under 6 yds.; Single unit flat rack (2 - 7.A.a Packet Pg. 117 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail axle unit); Nipper truck (when flat rack truck is used appropriate f l at rack shall apply); Concrete pump truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump machine ; Fork lift and lift jitneys ; Fuel and/or grease truck driver or fue l person ; Snow buggy ; Steam c l eaning ; Bus or personhaul driver ; Escort or pilot car driver ; Pickup truck; Teamster oiler/greaser and/or serviceperson; Hook tender (including l oading and unloading); Team driver ; Tool room attendant (refineries) GROUP 2 : Dump trucks , 6 yds. and under 8 yds .; Transit mixers , through 1 0 yds .; Wa t er trucks , under 7 ,000 gals .; Jetting trucks , under 7 ,000 ga l s .; Singl e -unit f l at rack (3 -axle unit); Highbed heavy duty transport ; Scissor truck ; Rubber -t i red muck car (not self-loaded); Rubber -tired truck jumbo ; Winch truck and "A " frame drivers ; Combination winch truck with hoist ; Road oi l truck or bootperson ; Buggymobi l e ; Ross , Hyster and simi l ar straddl e carriers ; Sma ll rubber -tired tractor GROUP 3 : Dump trucks , 8 yds . and including 24 yds .; Trans i t mixers , over 10 yds.; Water trucks , 7 ,000 ga l s . and over ; Jetting trucks , 7 ,000 gals . and over ; Vacuum trucks under 7500 gals. Trucks towing ti l t bed or flat bed pull trailers ; Lowbed heavy duty transport ; Heavy duty transport ti ll er person ; Se l f -propelled street sweeper with self -contained refuse bin ; Boom truck -hydro -l ift or Swedish type extension or retracting crane ; P .B . or simi l ar type se l f -loading truck; Tire repairperson; Combination bootperson and road oi l er ; Dry distribution truck (A bootperson when employed on such equ i pment , sha l l receive the rate specified for the classification of road oil trucks or bootperson); Ammonia nitrate distributor , driver and mixer ; Snow Go and/or plow GROUP 4 : Dump tru cks , over 25 yds . and under 65 yds.; Water pulls -OW lO 's , 20's , 2l 's and other simi l ar equipment when pulling Aqua/pak or water tank trai l ers ; He l icopter pilots (when transporting men and materials); Lowbedk Heavy Duty Transport up to inc l uding 7 axles ; DWlO 's , 20 's , 2 l's and other simi l ar Cat type , Terra Cobra , LeTourneau Pulls , Tournorocker, Euclid and similar type equipment when pulling fuel and/or grease tank trailers or other misce l laneous trailers ; Vacuum Trucks 7500 ga l s and over and truck repairman GROUP 5 : Dump trucks , 65 yds . and over ; Holland hauler ; Low bed Heavy Duty Transport over 7 ax l es WELDERS -Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 1 3706 , Establishing Paid Sick Leave 7.A.a Packet Pg. 118 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1 , 2017 . If this contract is covered by the EO , the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs , including preventive care ; to assist a family member (or person who is like family to the employee) who is ill , injured , or has other health -related needs , including preventive care ; or for reasons resulting from , or to assist a family member (or person who is like family to the employee) who is a victim of , domestic violence, sexual assault, or staiking . Additional information on contractor requirements and worker protect i ons under the EO is available at www .dol .gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR5 .5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers " that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU '' or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey . Examp l e : PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification , which in this example would be Plumbers . 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number , 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate , which in this example is July 1 , 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers 7.A.a Packet Pg. 119 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Classifications listed under the "SU " identifier indicate that no one rate prevailed for this c l assification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that c l assification . As this weighted average rate includes al l rates reported in the survey , it may include both union and non -union rates . Examp l e : SULA20 1 2 -007 5/1 3/2014. SU indicates the rates are survey rates based on a weighted average ca l culation of rates and are not majority rates . LA indicates the State of Louisiana . 2012 is t he year of survey on which these classifications and rates are based . The next number , 007 in the examp l e, is an interna l number used in producing the wage determination. 5/13/20 1 4 i ndicates the survey comp l etion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate I dentifiers Classification(s) l isted under the UAVG identifier indicate that no single majority rate prevailed for those classifications ; however , 100 % of the data reported for the c l assifications was union data . EXAMPLE : UAVG -OH -0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate . OH indicates the state . The next number , 00 1 0 in the example, is an internal n umber used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year , usua lly in January of each year , to reflect a weighted average of the current negotiated/CEA rate of the union locals from which the rate is based . WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be : * * * * an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additiona l c l assification and rate) ruling On survey related matters , initial contact , including requests for summaries of surveys , shou l d be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program . If the response from this initial contact is not satisfactory , then the process described in 2.) and 3.) should be fol l owed . 7.A.a Packet Pg. 120 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail With regard to any other matter not yet ripe for the formal process described here , initial contact should be with the Branch of Construction Wage Determinations. Write to : Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N .W. Washington , DC 20210 2.) If the answer to the question in 1.) is yes , then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 .8 and 29 CFR Part 7). Write to : Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue , N.W . Washington , DC 20210 The request shou l d be accompanied by a full statement of the interested party 's position and by any information (wage payment data, project description , area practice material, etc .) that the requestor considers relevant to the issue . 3 .) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to : Administrative Review Board U.S. Department of Labor 200 Constitution Avenue , N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 7.A.a Packet Pg. 121 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail FHWA 1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCITON CONTRACTS West Branch Llagas Creek Trail Project No. 15-PW-228 Appendi x D 7.A.a Packet Pg. 122 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail FHWA-1273 --Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination Ill. Nonsegregated Facilities IV . Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX . Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Govemmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 ( excluding emergency contracts solely intended for debris removal). The contractor ( or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts ( excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts ( excluding subcontracts for design services, purchase orders , rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts , subcontracts and lower-tier subcontracts ( excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2 . Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work , or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension/ debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors . II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10 ,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies : Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794 ), Title VI of the Civil Rights Act of 1964, as amended , and related regulations including 49 CFR Parts 21 , 26 and 27; and 23 CFR Parts 200, 230, and 633 . The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b} and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60 , and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140 , the Rehabilitation Act of 1973 , as amended (29 USC 794 ), and Title VI of the Civil Rights Act of 1964, as amended , and related regulations including 49 CFR Parts 21 , 26 and 27; and 23 CFR Parts 200 , 230 , and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws , executive orders , rules , regulations (28 CFR 35 , 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein , and imposed pursuant to 23 U.S .C . 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under 7.A.a Packet Pg. 123 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U .S.C . 12101 et seq .) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a . The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment , without regard to their race, religion, sex, color , national origin , age or disability. Such action shall include : employment, upgrading , demotion, or transfer; recruitment or recruitment advertising ; layoff or term ination ; rates of pay or other forms of compensation ; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees , or who recommend such action, or who are substantially involved in such action , will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a . Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months , at which time the contractor's EEO policy and its implementation will be reviewed and e xplained . The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the · contractor's procedures for locating and hiring minorities and women . d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees , applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings , employee handbooks, or other appropriate means . 2 4. Recruitment : When advertising for employees , the contractor will include in an advertisements for employees the notation : "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a . The contractor will , unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees , and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration . b. In the event the contractor has a valid bargaining agreement provid ing for exclusive hiring hall referrals , the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions . Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c . The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions , and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading , promotion, transfer, demotion , layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin , age or disability. The following procedures shall be followed : a. The contracto r will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b . The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices . c . The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination . Where evidence is found, the contractor will promptly take corrective action . If the review indicates that the discrim ination may extend beyond the actions reviewed , such corrective action shall include all affected persons. d . The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resol ve such complaints , and will take appropriate corrective action within a reasonable time . If the investigation indicates that the discrimination may affect persons other than the complainant , such corrective action shall include such other persons . Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a . The contractor will assist in locating , qualifying, and increasing the skills of minorities and women who are 7.A.a Packet Pg. 124 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b . Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship , and on-the-job training programs for the geographical area of contract performance . In the event a special provision for training is provided under this contract , this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S .C . 140(a). c . The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each . d . The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees , the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women . Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions , joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor wi II use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race , color, religion, sex, national origin , age or disability. c . The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information . d . In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will , through independent recru itment efforts, fill the employment vacancies without regard to race , color, religion, sex, national origin , age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women . The failure of a union to provide sufficient referrals ( even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph . In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246 , as amended , and these special provisions , such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants/ Employees with Disabilities: The contractor must be familiar 3 with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship . 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race , color, religion , sex, national origin , age or disability in the selection and retention of subcontractors , including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a . The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b . The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a . The requirements of 49 CFR Part 26 and the State DOT's U.S . DOT-approved DBE program are incorporated by reference . b . The contractor or subcontractor shall not discriminate on the basis of race, color, national origin , or se x in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract , which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate . 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHW A. a . The records kept by the contractor shall document the following : (1) The number and work hours of minority and non- minority group members and women employed in each work classification on the project ; (2) The progress and efforts being made in cooperation with unions , when applicable , to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b . The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work . This information is to be reported on Form FHWA-139 1. The staffing data should represent the project work force on board in all cir any part of the last payroll period preceding the end of July. If on-the-job train ing is being required by special provision, the contractor 7.A.a Packet Pg. 125 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. Ill. NONSEGREGATED FACILITIES This provision is applicable to all Federal-a id construction contracts and to all related construction subcontracts of $10 ,000 or more . The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race , color, religion , se x, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom . The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated . The term "facilities" includes waiting rooms , work areas , restaurants and other eating areas , time clocks , restrooms , washrooms, locker rooms, and other storage or dressing areas, parking lots , drinking fountains , recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between se xes . IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2 ,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal-aid highway. This e xcludes roadways functionally classified as local roads or rural minor collectors , which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S . Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements . 1. Minimum wages a . All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week , and without subsequent deduction or rebate on any account (e xcept such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 (b )(2 ) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics , subject to the provisions 4 of paragraph 1.d . of this section; also , regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans , funds , or programs which cover the particular weekly period , are deemed to be constructively made or incurred during such weekly period . Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed , without regard to skill, except as pro vided in 29 CFR 5 .5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein : Provided , That the employer's payroll records accurately set forth the time spent in each classification in which work is performed . The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers . b .(1) The contracting officer shall require that any class of laborers or mechanics , including helpers , which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination . The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria ha ve been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate , including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division , Employment Standards Administration , U.S. Department of Labor, Washington , DC 20 2 10 . The Administrator, or an authorized representative , will approve , modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contra cting officer within the 30-day period that additional time is necessary. (3) In the event the contractor , the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits , where appropriate), the contracting officer shall refer the questions , including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination . The Wage and Hour Adm inistrator, or an authorized representative , will issue a determination within 30 days of receipt and so advise the contracting officer or 7.A.a Packet Pg. 126 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification . c . Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay"another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechank the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program , Provided , That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program . 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor , so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices , trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee , or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a . Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked , deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5 .5(a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- 5 Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible , and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs . b .(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired . Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements . It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the con\racting agency .. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following : (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations , 29 CFR part 5 , the appropriate information is being maintained under §5 .5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice , and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned , without rebate , either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3 ; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 7.A.a Packet Pg. 127 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. ( 4) The falsification of any of the above certifications may subject the contractor o r subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c . The contractor or subcontractor shall make the records required under paragraph 3 .a . of this section available for inspection, copying , or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall pennit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds . Furthennore , failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a . Apprentices (programs of the USDOL). Apprentices will be pennitted to work at less than the predetermined rate for the work they performed when they are employed pursuant-to and individually registered in a bona fide apprenticeship program registered with the U.S . Department of Labor, Employment and Training Administration , Office of Apprenticeship Training, Employer and Labor Services , or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training , Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice . The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program . Any wo rker listed on a payroll at an apprentice wage rate , who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice perfonning work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually perfonned. Where a contractor is performing construction on a project in a locality other than that in which its program is registered , the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed . Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's leve l of progress , expressed as a percentage of the journeymen hourly 6 rate specified in the applicable wage detennination . Apprentices shall be paid fringe benefits in accordance wi th the provisions of the apprenticeship program . If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage detennination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification , fringes shall be paid in accordance with that detennination . In the event the Office of Apprenticeship Training , Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b . Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16 , trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval , evidenced by fonnal certification by the U.S . Department of Labor, Employment and Training Adm inistration. The ratio of trainees to journeymen on the job site shall not be greater than pennitted under the plan approved by the Employment and Training Administration . Every trainee must be paid at not less than the rate specified in the approved program for the trainee 's level of progress , expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits , trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices . Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually perfonned . In addition, any trainee perfonning work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed . In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetennined rate for the work performed until an acceptable program is approved . c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in confonnity with the equal employment opportunity requirements of Executive Order 11246, as amended , and 29 CFR part 30 . 7.A.a Packet Pg. 128 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section JV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs . The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the tenns of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Fann FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for tennination of the contract, and for debannent as a contractor and a subcontractor as provided in 29 CFR 5.12 . 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or finn who has an interest in the contractor's firm is a person or finn ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1 ). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1 ). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S .C . 1001 . 7 V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not Jess than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section , the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph ( 1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph ( 1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work perfonned by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through ( 4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts . The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs ( 1.) through ( 4.) of this section. 7.A.a Packet Pg. 129 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perfonn with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price , excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items perfonned may be deducted from the total original contract price before computing the amount of work required to be perfonned by the contractor's own organization (23 CFR 635 .116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such tenn does not include employees or equ ipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The tenn may include payments for the costs of hiring leased employees from an employee leasing finn meeting all relevant Federal and State regulatory requirements . Leased employees may only be included in thi s tenn if the prime contractor meets all of the following conditions : ( 1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; · (2) the prime contractor remains responsible for the quality of the work of the leased emplo yees ; (3) the prime contractor retains all power to accept or e xclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetennined minimum wages , the submission of payrolls , statements of compl iance and all other Federal regulatory requirements . b . "Specialty Items" shall be construed to be limited to work that requires highly specialized kno w ledge, abilities, or equipment not ord inarily available in th e type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2 . The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products wh ich are to be purchased or produced by the contractor under the contract pro visions . 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the finn , has full authority to direct perfonnance of the work in accordance with the contract requirements , and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision , management, and engineering services) as the contracting officer detennines is necessary to assure the perfonnance of the contract. 4 . No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative , and such consent when given shall not be construed to rel ieve the contractor of any responsibility for the fulfillment of the contract. Written con sent will be gi ven only after the contracting agency has assured that each subcontract is 8 evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5 . The 30 % self-perfonnance requirement of paragraph ( 1) is not applicable to design°build contracts; however, contracting agencies may establish their own self-performance requirements. VII. SAFETY: ACCIDENT PREVENTION T h i s p r o v i s i o n i s applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the perfonnance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health , and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the perfonnance of the work covered by the contract. 2 . It is a condition of this contract , and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not pennit any employee , in performance of the contract , to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety , as detennined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor , in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C . 3704). 3 . Pursuant to 29 CFR 1926.3 , it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract · performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U .S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Federa l-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers , contractors , suppliers, and workers on Federal- aid highway projects , it is essential that all persons concerned with the project perfonn their functions as carefully, thoroughly, and honestly as possible . Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any m isunderstanding regarding the seriousness of these and similar acts , Fonn FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily availabl e to all persons concerned with the project: 18 U .S .C . 1020 reads as follows : 7.A.a Packet Pg. 130 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail 'Whoever, being an officer, agent, or employee of the United States, or of any State or Territory , or whoever, whether a person , association, finn , or corporation , knowingly makes any false statement, false representation , or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be perfonned, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation ; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity , or cost of any work perfonned or to be perfonned , or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916 , (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer , Federal-aid construction contractor, or subcontractor, as appropriate , will be deemed to ha ve stipulated as follows : 1 . That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph ( 1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts , subcontracts, lower-tier subcontracts, purchase orders , lease agreements , consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more -as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification -First Tier Participants: a. By signing and submitting this proposal , the prospective first tier participant is providing the certification set out below . b . The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this' 9 covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction . c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification , in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d . The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred ," "suspended ," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions " refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred , suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g . The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debannent, Suspension, Ineligibility and Voluntary Exclusion-Lowe r Tier Covered Transactions ," provi ded by the department or contracting agency, entering into this covered transaction, without modification , in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold . h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended , ineligible , or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended , debarred , or otherwise ineligible to participate in covered transactions . To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to , check the Excluded Parties List System website (https ://www.epls .gov/), which is compiled by the General Services Administration . 7.A.a Packet Pg. 131 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause . The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings . j . Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction , in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 . Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -First Tier Participants: a . The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals : ( 1) Are not presentl y debarred , suspended , proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Ha ve not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local} transaction or contract under a public transaction ; vio lation of Federal or State antitrust statutes or commission of embezzlement, theft , forgery , bribery , falsification or destruction of records , making false statements , or receiving stolen property ; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b . Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2 . Instructions for Certification -Lower Tier Participants: (Applicable to all subcontracts , purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more -2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed whe n this transaction was entered into . If it is later determined that the prospecti ve lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which 10 this transaction originated may pursue available remedies, including suspension and/or debarment. c . The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances . d . The terms "covered transaction," "debarred ," "suspended ," "ineligible ," "participant ," "person ," "principal," and "voluntarily excluded ," as used in this clause, are defined in 2 CFR Parts HlO and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "F irst Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "LowerTier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e . The prospective lower tier participant agrees by submitting this proposal that , should the proposed covered transaction be entered into , it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Inel ig ibility and Voluntary Exclusion -Lower Tier Covered Transaction ," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible , or volu_ntarily excluded from the covered transaction, unless it knows that the certification is erroneous . A participant is responsible for ensuring that its principals are not suspended, debarred , or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to , check the Exc luded Parties List System website (https://www.e pl s.gov/), which is compiled by the General Services Administration . h . Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings . i. Except for transactions authorized under paragraph e of these instructions , if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended , debarred , ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 7.A.a Packet Pg. 132 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. · XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a . No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member .of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C . 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its ,bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 11 7.A.a Packet Pg. 133 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail ATIACHMENT A-EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the perfonnance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or fonner employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perfonn the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the infonnation submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 2_3 CFR 633 .207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every su_bcontract for work which is, or reasonably may be, done as on-site work. 7.A.a Packet Pg. 134 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail 303844 A~RD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 2/12/2018 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BE1WEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riahts to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME : Commercial Lines -(628) 201-9001 PHONE l rM. No): 610 .537.2393 USI Insurance Services National , Inc. -CA Lie#: OD08408 (AIC. No, Ext): E-MAIL CertRequests@usi .com ADDRESS : 201 Mission St, 11th Floor INSURER(S) AFFORDING COVERAGE NAJC# San Francisco, CA 94105 INSURER A: .American Contractors Ins Co RRG 12300 INSURED INSURERB : Zurich American Insurance Co 16535 Granite Rock Company INSURERC: ACIG Insurance Company 19984 PO Box 50001 . INSURER D: INSURERE : Watsonville, CA 95077 INSURER F: COVERAGES CERTIFICATE NUMBER· 12667833 REVISION NUMBER· See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE ADDL ISUBR POLICY EFF POLICY EXP LIMITS LTR '···~~ , ... -POLICY NUMBER fMM/DD/YYYYl IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY X GL17A00056 06/01/2017 06/01/2018 EACH OCCURRENCE s 5,000,000 I-'---0 CLAIMS.MADE 0 OCCUR 'e""""~'c IU_mcn,cu $ 100,000 (Primary) PREMISES fEa occurrence! ,__ A ~ X GL17B00056 06/01/2017 06/01/2018 MED EXP (Any one person) s 5,000 ...__ (Excess Follow Form 1) PERSONAL & ADV INJURY s 5.000,000 GEN'L AGGREGATE LIMIT APPLIES PER X GL17C00056 06/01/2017 06/01/2018 GENERAL AGGREGATE s 5,000,000 A Fl POLICY rn ~r& D LOC (Excess Follow Form 2) PRODUCTS -COMP/OP AGG s 5 ,000,000 OTHER" s B AUTOMOBILE LIABILITY BAP34 7266916 06/01/2017 06/01/2018 COMBINED SINGLE LIMIT s 2,000,000 (Ea accldentl ......_ X ANY AU TO BODILY INJURY (Per person) s ,__ OWNED ~ SCHEDULED BODILY INJURY (Per accidenl) S ......_ AUTOS ONLY '--AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE s AUTOS ONLY AUTOS ONLY f Per arodenll '--......_ $ UMBRELLAUAB HOCCUR EACH OCCURRENCE s ...._ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I . , RETENTION$ $ WORKERS COMPENSATION WCA000019017 06/01/2017 06/01/2018 x I ~ffruTE I I OTH· C AND EMPLOYERS' LIABILITY ER Y/N 1,000,000 ANYPROPRIETOR/PARTNERIEXECUTIVE ~ E L EACH ACCIDENT s OFFICER/MEMBEREXCLUOEO? N/A (Mandatory In NH) EL DISEASE -EA EMPLOYEE s 1,000,000 ~m~?tfi~ ~'}~PERATIONS below E L DISEASE -POLICY LIMIT s 1,000,000 B Builders Risk MBR938471608 06/01/2017 06/01/2018 $1,814,859 Any One 0cc I DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101 , Add~ional Remarks Schedule , may be attached ii more space ls required ) Re : Granite Job #6274; West Branch Uagas Creek Trail Project No. 15-PW-228 , STPL-5034(023). City of Gilroy, its officers , officials and employees is named as additional insured as respects general liability per endorsement attached . CERTIFICATE HOLDER CANCELLATION City of Gilroy SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 7351 Rosanna Street Gilroy, CA 95020 AUTHORIZED REPRESENTATIVE I 9(~- The ACORD name and logo are registered marks of ACORD © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 12016/03) !Thlsc:1N .rlcaW r•pl.eesi:....._, 12tl41J7Q 1UtJed on 1/2W2018) 7.A.a Packet Pg. 135 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail ADDITIONAL INSURED -AUTOMATIC STATUS AS REQUIRED BY CONTRACT -SPECIFIC This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE City of Gilroy, its officers, officials, and employees. A. Who is an Insured (Section II) is amended to include as an insured any person or organization shown in the above SCHEDULE (called additional insured), but only with respect to liability for "bodily injury", "property damage· or "personal and advertising injury" arising out of your premises or your operations for the additional insured, and only to the extent and for the minimum limits required in the written contract. B. The insurance provided to the additional insured is subject to the following limitations : 1. Unless required by written contract, this insurance does not apply to "bodily injury" or "property damage" occurring after "your work" for the additional insured has been completed or after that portion of "your work" out of which the "bodily injury" or "property damage" arises has been put to its intended use by any person or organization, whichever occurs first. 2. Unless specifically required by written contract, this insurance does not apply to "bodily injury" or "property damage" arising out of the sole negligence, act or omission of the additional insured. 3. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" for which the additional insured Is obligated to pay damages by reason of the assumption of liability in a contract or agreement except to the extent that the additional insured would have been obligated to pay such damages in the absence of the contract or agreement. 4. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional services by any insured or on any lnsured's behalf, including : a) The preparing, approving or failing to prepare or approve maps, shop drawings , opinions, reports, surveys, field orders, change orders, drawings or specifications; and b) Supervisory, inspection, architectural or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the ·occurrence· which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render , any professional architectural, engineering or surveying services . 5. The insurance afforded herein only applies to the extent permitted by applicable state law, including statutes governing additional insured coverage in the construction industry. 6. The insurance afforded to the additional insured shall not exceed the minimum limits_ required in the written contract. C. In no event shall the insurance provided to the additional insured exceed the scope of coverage, including minimum limits, required by the contract. If a written contract or agreement requires that additional insured status be provided by the use of specified edition dates of the ISO CG2010 and/or CG2037, then the terms of that endorsement are incorporated into this endorsement as respects such additional insured and shall supersede the coverage grant and limitations in Sections A. and B. of this endorsement. In the event that CG2010 and/or CG2037 are required but no edition dates are specified, the 04/13 editions shall apply . D . This insurance is excess to any other insurance, whether primary, excess·, contingent or on any other basis, available to the additional insured unless a written contract requires that this insurance be primary or primary and non-contributing . However, this insurance is always excess to other insurance, whether primary, excess, contingent or on any other basis, when the additional insured has been added to the other insurance as an additional insured. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated . (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 10/06/2017 Policy Effective: 06/01/2017 Insured: Granite Rock Company Policy No.: GL17A00056 Insurance Company: American Contractors Insurance Company Risk Retention Group Endorsement No.: Premium$ 7.A.a Packet Pg. 136 Attachment: Original Contract for Graniterock Company (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail City of Gilroy Engineering Division 7351 Rosanna St., Gilroy, CA 95020 Phone (408) 846-0450; Fax (408) 846-0429 CHANGE ORDER NO. 001 To contract for : Contractor:Contract Date: January 30, 2018 This order shall become effective when it has been signed by the City Administrator, City Engineer, Project Engineer, and Contractor. All copies forwarded to Contractor for signature shall be returned to The City of Gilroy properly filled out. Upon acceptance by the City, the Contractor's copy will be returned to him as his authority to proceed with the work. Description of Work P.M. Cost Percentage Initial Graniterock Company hereby agree to Original Contract Price $1,814,859.42 make the above changes Previous Change Orders $0.00 0.00% subject to the terms of this Change Order Total to Date $1,814,859.42 for the NET INCREASE of $164,009.71 This Change Order $164,009.71 Total Change Orders to Date $164,009.71 9.04% Revised Contract Price $1,978,869.13 CONTRACTOR PRINT NAME AND TITLE Date: West Branch Llagas Creek Trail Graniterock Company By signing this Change Order, Contractor acknowledges and agrees that the adjustments to cost and time contained herein are in full satisfaction and accord, and are accepted as payment in full, for any and all costs and expenses associated with this Change Order, (the "Extra Work"), including but not limited to labor, materials, overhead and profit, delay, disruption, loss of efficiency and any and all other direct and/or indirect costs or expenses associated with the Extra Work and hereby waives any right to claim any further cost and time impacts at any time during and after completion of the Contract associated with the Extra Work. All requirements of the original Contract Documents shall apply to the above work except as specifically modified by this Change Order. The contract time shall be reset to 95 working days. This change order provides for the following: Compensation for any and all direct and indirect costs associated with Notice of Potential Claim 01 (NOPC 01), less escalation costs that will occur in the 2019 season that were estimated and presented at the 03.18.19. NOPC 01 addresses costs incurred by the Contractor as a result of delays to critical path activities due to permitting issues with the California Department of Fish and Wildlife 1600 Lake and Streambed Alteration Agreement. Escalation costs for materials, equipment, and labor as communicated at the 03.18.19 project meeting and as specifically identified in the Record of Negotiation will be reimbursed to the Contractor as an adjustment to the contract unit prices for selected items with a balancing change order at completion of contract. Method of Payment for CCO 001 is to be Lump Sum. 7.A.b Packet Pg. 137 Attachment: Change Order No. 1 (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Project) RECOMMENDED BY: Construction Manager Date ACCEPTED BY:City Administrator Date City Engineer Date Project Engineer Date 7.A.b Packet Pg. 138 Attachment: Change Order No. 1 (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Project) 7.A.bPacket Pg. 139Attachment: Change Order No. 1 (2075 : Contract Amendment with Granite Rock Company for Ronan MaterialUnitBid Day Unit PriceCurrent Unit PriceDeltaEstimated QtyEstimated EscalationNotes1/2" HMA - GraniterockTN66.00$ 78.30$ 12.30$ 6047,429.20$ 3/4" HMA - GraniterockTN65.00$ 77.30$ 12.30$ 100612,373.80$ CL2 AB Recycle [GRC]TN6.50$ 7.50$ 1.00$ 15501,550.00$ For Recycled Base Rock GRC new price = $7.50/TN. Noah's Concrete: $12.50/TN. I can save Trucking - GraniterockHR110.00$ 130.00$ 20.00$ 98019,600.00$ Concrete - 4500 psi - Don ChapinCY139.52$ 155.87$ 16.35$ 981,602.30$ Concrete - 4000 psi - Don ChapinCY137.34$ 142.79$ 5.45$ 113615.85$ Concrete - Minor - Don ChapinCY128.62$ 134.07$ 5.45$ 61332.45$ Vendors and SubsCamblin Steel LS49,206.00$ 57,054.00$ 7,848.00$ 17,848.00$ Additional escalation if work goes past 06.30.19Hopewell Manufacuring LS2,278.00$ 2,390.00$ 112.00$ 1112.00$ Interpretive SignsInterstateLF96.85$ 100.10$ 3.25$ 3341,085.50$ Bridge RailJeffCoLS16,950.00$ 17,375.00$ 425.00$ 1-supposed to call me on 03.11RosendinLS14,750.00$ 15,437.00$ 687.00$ 1687.00$ Elec. ScopeRossRecLS3,117.60$ 3,458.70$ 341.10$ 1341.10$ BenchesSuper Seal & StripeLS16,355.00$ 18,022.50$ 1,667.50$ 11,667.50$ Striping55,244.70$ Total Estimated Escalation#6274 Llagas - Season #2 7.A.bPacket Pg. 140Attachment: Change Order No. 1 (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Project) RESOLUTION NO. 2019-XX RESOLUTION NO. 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR FISCAL YEAR 2018-2019 AND APPROPRIATING PROPOSED EXPENDITURE AMENDMENTS WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2017-2018 and 2018-2019, and the City Council carefully examined, considered and adopted the same on June 5, 2017; and WHEREAS, City Staff has prepared and submitted to the City Council proposed amendments to said budget for Fiscal Year 2018-2019 for the City of Gilroy in the staff report dated April 1, 2019 for the Graniterock contract amendment for the West Brach Llagas Creek Trail Project No. 15-PW-228. NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year 2018-19 in the Public Facilities Fund 440 shall be increased by $185,000. PASSED AND ADOPTED this 1st day of April, 2019 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ATTEST: Roland Velasco, Mayor Shawna Freels, City Clerk 7.A.c Packet Pg. 141 Attachment: Reso Budget Amendment Graniterock [Revision 4] (2075 : Contract Amendment with Granite Rock Company for Ronan Channel 7.A.d Packet Pg. 142 Attachment: Staff Report (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Project) 7.A.d Packet Pg. 143 Attachment: Staff Report (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Project) 7.A.d Packet Pg. 144 Attachment: Staff Report (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Project) 7.A.d Packet Pg. 145 Attachment: Staff Report (2075 : Contract Amendment with Granite Rock Company for Ronan Channel Trail Project) City of Gilroy STAFF REPORT Agenda Item Title: Amendment to the Agreement with TRC Solutions, Inc. in the Amount of $192,319 for Construction Management Services for Ronan Channel Trail, Project No. 15-PW -228, and Approval of Budget Amendment in the Amount of $192,319 Meeting Date: April 1, 2019 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Girum Awoke Nirorn Than Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development  Customer Service ☐ Enhanced Public Safety RECOMMENDATION a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2018-2019 and appropriating proposed expenditure amendments. b) Approve an amendment to the agreement with TRC Solutions, Inc. in the amount of $192,319 for construction management services for the Ronan Channel Trail Project and extending the term through June 30, 2020 and authorize t he City Administrator to execute this amendment and associated documents. EXECUTIVE SUMMARY The Ronan Channel (West Branch Llagas Creek) trail improvement project started construction activities in late April 2018 which were suspended soon after due to permitting issues. TRC solutions, Inc. has assisted the city in addressing the complex and time consuming permitting hurdles as quickly as possible and has placed the 7.B Packet Pg. 146 project back on track. Staff requests City Council’s approval of a service contract amendment in the amount of $192,319 and extend the term of the contract through June 30, 2020. BACKGROUND TRC Solutions, Inc. was one of the six consultants selected to provide construction management services for the Ronan Channel (West Branch Llagas Creek) trail improvement project through a Request for Qualifications (RFQ) process approved by Council in 2017. This project is partly funded by OneBay Area Grant (OBAG) and a grant from the Santa Clara Valley Water District. A mini-RFP in conformance with federal regulations was sent to three construction management consultants and three proposals were received, but one consultant withdrew. The Ronan Channel (West Branch Llagas Creek) trail improvement project includes the construction of an asphalt trail and a cast-in-place concrete pedestrian bridge, associated earthwork, irrigation, planting, striping, signage, and other incidental work. The project limits are from south of Leavesley Road (SR 152) to just north of 6th street along the West Branch Llagas Creek. This project is in part funded by Federal grants for a total amount of $1,706,000 ($672,000 for design effort, and $1,034,000 for construction and construction management efforts). Another grant from Santa Clara Valley Water District (SCVWD) in the amount of approximately $178,076 is also used for this project. The construction contract was advertised in August, 2017 and a construction contract was awarded to Granite Rock Company (Grantie Rock) in January 2018. The City of Gilroy also executed a contract with TRC Solutions, Inc. on February 5, 2018 for Construction Management services for the Project. The original expiration date of the contract was February 5, 2020. The value of the original contract was $311,334.36, with a 10% contingency of $31,133, and was based on the expected project completion date of December 2018. However, the project was delayed in May, 2018 due to permitting issues, causing a delay in the project construction and a need for additional permitting efforts by the City. TRC Solutions, Inc. (TRC) will perform day to day construction management of the project, including field inspections, management of change, review of submittals and invoices, and permit compliance. To date, TRC has assisted the City with preconstruction and early construction management services for the West Branch Llagas Creek (Ronan Channel) Trail Project. A brief history and timeline of project activities are presented below: - Spring 2010 – City applied for Santa Clara Valley Transportation Authority (VTA) Bicycle Expenditure Program (BEP) grant for the design of the following Bicycle/Pedestrian Trails: o Lions Creek SCVW D Service Road West (Kern Avenue to Day Road); Project B42 7.B Packet Pg. 147 o Lions Creek SCVW D Service Road West (West of Santa Teresa Blvd); Project B43 o Western Ronan Channel SCVW D Service Road (Leavesley to Llagas Creek); Project B40 - November 2010 - The City and SCVW D entered into the Joint Use Agreement for the Western Ronan Channel (Llagas creek trail) project - October 2011 - A design contract with Drake Haglan and Associates (Drake Haglan) was approved by Council for the above three trail projects. - March 2013 - OneBay Area Grant program application was submitted - February 2014 - Administrative draft initial study prepared by EMC consultants - March 2014 - Mitigated Negative Declaration prepared by EMC consultants - July 2014 – Letter received from the US Army Corps of Engineers stating no permits required for wetland mitigation and water of the US impacts - June 2014 – National Environmental Protection Act (NEPA) Categorical Exclusion approval completed - August 2017 - Drake Haglan completed design plans and specs - September 2017 – Project Construction contract advertised in Mercury News and Gilroy Dispatch - October 2017 - Bids opened; two bidders submitted bids and Granite Rock selected as the lowest, responsive and responsible bidder - April 16, 2018 - Notice to Proceed issued - April 23, 2018 - Construction activities commenced - May 3, 2018 – work suspended on the project by the California Department of Fish and Wildlife (CDFW) warden - May 16, 2018 - received a written letter of Notice of Violation from the CDFW On March 23, 2018, the City issued a partial Notice to Proceed to Granite Rock with an effective Notice to Proceed of April 16, 2018. On April 23, 2018, Granite Rock commenced construction activities with vegetation clearing and grubbing, and installing preliminary storm water control devices such as erosion control fence, sediment control filter log, etc. On April 30, 2018, Granite Rock completed ground survey and began to excavate into the top of stream bank along Miller Slough (a tributary of West Branch Llagas Creek) for the two bridge abutments. Construction activities in the channel were suspended on May 3, 2018 due to the issuance of a Notice of Violation from the California Department of Fish and Wildlife (CDFW). This Notice was issued as a result of the City failing to file for proper notification per Fish and Game Code section 1602 which requires an entity to notify 7.B Packet Pg. 148 California Department of Fish and Wildlife (CDFW) before commencing an activity that will substantially divert or obstruct the natural flow, or substantially change or use any material from the bed, channel or bank of any river, stream, or lake. It appears that while the city completed the NEPA and CEQA environmental documents, the appropriate permits were not received from the pertinent regulatory agencies. The notice from CDFW caused the project team to review and reevaluate project documents and conduct a thorough review of all the permitting requirements for the project. After a period of review, it was determined that while the CEQA and NEPA documents were filed correctly, and went through an appropriate public review period, it appeared that the original environmental clearance – completed in 2014 - was performed for a combination of projects (three separate trail projects along the Uvas Creek Channel and the West Llagas Branch Creek Trail), rather than for a specific project, which perhaps caused confusion among those that later worked on this project. When it was discovered that other permits such as the Santa Clara Valley Habit Plan (HCP), California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement, and the Regional Water Quality Control (RWQCB) Section 401 Application had not been properly obtained, City staff acted immediately to rectify this situation and directed TRC Solutions, Inc. (and their environmental sub consultant Toure Environmental Engineering, Inc.) to work on obtaining the required project specific permits. From June 2018 to December 2018, TRC Solutions, Inc. and Toure Environmental Engineering, Inc worked tirelessly and meticulously with all permitting agencies to acquire proper authorization to continue construction activities on this project. The coordination effort required more than 280 hours of meetings and conferences with agencies and city staff, 370 hours preparing and presenting environmental findings, managing contractual changes, and addressing immediate needs in the field. This increased scope results in a cost impact involving the following:  Processing and filing of applications for the Habitat Conservation Permit, California Department of Fish and Wildlife Streambed Alteration Agreement, and the Regional Water Quality Control (RWQCB) Section 401 for a total of $61,028  Associated permit fees for the above permits for a total of $12,816  Coordination with city staff, contractor and subcontractors for a total $20,089  Assisting the City with reviewing and scrutinizing the delay claim from Granite Rock, construction contractor, for a total of $39,453  Review revised requirements in accordance with approved environmental permits and implement the permit requirements for a total of $58,932 7.B Packet Pg. 149 Since the date of the notice, the City has obtained all the necessary permits from all the above listed agencies and is ready to resume construction which is scheduled to recommence on April 15, 2019 and is scheduled to be completed in December 2019. ALTERNATIVES This project is partly funded by the OBAG program. Under the current contract, the City expensed $191,212.49 in permitting and administration cost from May 2018 to December 2018. Therefore, the additional $192,318.84 requested under this amendment is essential to perform the construction management services requ ired by the Federal Grant guidelines. 1. Council may elect to cancel the contract with TRC however; THIS IS NOT RECOMMENDED for the following reasons: a. This will require the City to re-advertise the construction management services again. This re-advertisement may take approximately 4 to 6 months for review and approval from Caltrans. Since construction is set to start on April 15, 2019, this delay will push the start date to September 2019 which does not allow sufficient time for the contractor to complete the project in one season in accordance with our permits. b. Any further delay in the construction activity will have a cost impact of approximately $45,000 in material and labor escalation, $275,000 in Construction Management Services, and $30,000 in permit renewal and additional environmental studies for a total of up to $325,000 in additional project costs. 2. Council may elect to amend the contract with TRC THIS IS RECOMMENDED to perform the construction management services required by the Federal Grant guidelines. 7.B Packet Pg. 150 FISCAL IMPACT/FUNDING SOURCE The project is funded by Public Facilities Impact funds, SCVWD grant funds as well as the OBAG Federal grant funding. In order to continue implementation of the project, staff requests Council to approve a Public Facilities Impact fund budget amendment of $192,319 to TRC Solutions, Inc.’s service agreement. The total TRC Solutions, Inc. contract cost will be as follows: Cost Original Contract Price (including 10% contingency) $342,467.36 Amendment No. 1 $192,318.84 Total Revised Contract Price $534,786.20 Attachments: 1. Reso. Ronan Channel Budget Amendment 2. TRC Amendment No 1 3. Fully Executed TRC Contract-Ronan 7.B Packet Pg. 151 RESOLUTION NO. 2019-XX RESOLUTION NO. 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITYOF GILROY FOR FISCAL YEAR 2018-2019 AND APPROPRIATING PROPOSED EXPENDITURE AMENDMENTS WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2017-2018 and 2018-2019, and the City Council carefully examined, considered and adopted the same on June 5, 2017; and WHEREAS, City Staff has prepared and submitted to the City Council proposed amendments to said budget for Fiscal Year 2018-2019 for the City of Gilroy in the staff report dated April 1, 2019 for the Amendment to the Agreement with TRC Solutions, Inc. for Construction Management Services for Ronan Channel Project 15-PW-228. NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year 2018- 19 in the Public Facilities Fund 440 shall be increased by $192,319. PASSED AND ADOPTED this 1st day of April, 2019 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ATTEST: Roland Velasco, Mayor Shawna Freels, City Clerk 7.B.a Packet Pg. 152 Attachment: Reso. Ronan Channel Budget Amendment (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) RESOLUTION NO. 2019-XX 7.B.a Packet Pg. 153 Attachment: Reso. Ronan Channel Budget Amendment (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) 7.B.b Packet Pg. 154 Attachment: TRC Amendment No 1 (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) 7.B.b Packet Pg. 155 Attachment: TRC Amendment No 1 (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) 7.B.b Packet Pg. 156 Attachment: TRC Amendment No 1 (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) AGREEMENT FOR SERVICES (For contracts over $5 ,000 -NON-DESIGN , NON-ENGINEERING TYPE CONTRACTOR) CITY: This AGREEMENT made this 19th day of January, 2018, between : City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy , California and CONTRACTOR: TRC Engineer's Inc ., having a principal place of business at 650 Suffolk Street, Lowell, MA 01854 . ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on February 5t\ 2018 and will continue in effect through February 5th, 2020 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 ~"!Y terminate this Agreement regardless of any other provision stated herein. A.77l.o Initial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONTRACTOR is an independent contractor and not an employee , agent, joint venh1rer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes. CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY 'S employees, including, without limitation, disability or unemployment insurance, workers ' compensation, medical insurance, sick leave , retirement benefits or any other employment benefits. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR A. Specific Services CONTRACTOR agrees to: Perfo1m 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 CONTRACTOR shall determine the method , details and means of performing the above- described services. CITY shall have no right to , and shall not , control the manner or determine the method of accomplishing CONTRACTOR'S services. 4835 -2267-0361 v1 LAC\04706083 -1- 7.B.c Packet Pg. 157 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) C. Employment of Assistants CONTRACTOR may , at the CONTRACTOR 'S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control , direct, or supervise CONTRACTOR'S assistants in the performance of those services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax , unemployment insurance , Social Security , disability insurance and other applicable withholding. D. Place of Work CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR'S services. ARTICLE 4. COMPENSATION A. . . Consideration In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event however shall the total compensation paid to CONTRACTOR exceed $311,334.36 B. Invoices CONTRACTOR 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 CONTRACTOR has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses ( as provided for in Exhibit "A", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice , CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice , give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONTRACTOR 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 CONTRACTOR, all fees , fines , licenses , bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR'S costs of doing business. CITY shall not be 4835-2267-0361 v1 LAC\0470 6083 -2- 7.B.c Packet Pg. 158 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) responsible for any expenses incurred by CONTRACTOR in performing services for CITY , except for those expenses constituting "direct expenses " referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONTRACTOR A. Tools and Instrumentalities CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense . CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONTRACTOR agrees to provide workers' compensation insurance for CONTRACTOR'S employees and agents and agrees to hold harmless , defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages , costs, fees , demands , causes of action, losses , liabilities and expenses , including without limitation reasonable attorneys ' fees, arising out of any injury , disability , or death of any of CONTRACTOR'S employees. C. Indemnification of Liability, Duty to Defend As to all liability , to the fullest extent permitted by law, CONTRACTOR shall defend , through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers , representatives , agents and employees against any and all suits , damages , costs , fees , claims , demands , causes of action , losses , liabilities and expenses , including without limitation attorneys ' fees , arising or resulting directly or indirectly from any act or omission of CONTRACTOR or CONTRACTOR'S assistants , employees or agents , including all claims relating to the injury or death of any person or damage to any property , and also including all claims relating to failure of Contractor and subcontractors to pay any applicable prevailing wage rates as required by any Codes Ordinances , Resolutions, Rules and other Regulations and established policies of the City and the laws of the State of California, the United States, the California Labor Code, and Public Contract Code. D. Insurance In addition to any other obligations under this Agreement, CONTRACTOR shall , at no cost to CITY , obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis , including coverage for owned and non-owned automobiles , with a minimum combined single limit coverage of $1 ,000 ,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property , including the loss of use thereof. As a condition precedent to CITY'S obligations under this Agreement , CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) day s written notice of policy lapse or cancellation, or of a material change in policy terms. 4835-2267-0361 v1 LAC \04706083 -3- 7.B.c Packet Pg. 159 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONTRACTOR is not CITY 'S employee, CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONTRACTOR'S payments; • CITY will not make state or federal unemployment insurance contributions on CONTRACTOR'S behalf; • CITY will not withhold state or federal income tax from payment to CONTRACTOR; • CITY will not make disability insurance contributions on behalf of CONTRACTOR; • CITY will not obtain workers' compensation insurance on behalf of CONTRACTOR. G. Prevailing Wage The Contractor agrees and acknowledges that it is its obligation to determine whether, and to what extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of the City and the laws of the State of California, the United States, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage laws. The Contractor shall ensure that all subcontractors are informed and are required to pay prevailing wages in compliance with the California Labor Code and the regulations thereunder. It shall be the duty of the Contractor to post a copy of applicable prevailing wages at the job site. Prevailing wage information may be obtained at www.d ir .ca.gov . ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice , to all documents reasonably necessary to the performance of CONTRACTOR'S duties under this Agreement. 4835-2267-0361 v1 LAC\04706083 -4- 7.B.c Packet Pg. 160 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assignment shall not release CONTRACTOR from any of CONTRACTOR'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of CONTRACTOR's Business/ Death of CONTRACTOR. CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR. B. Termination by City for Default of CONTRACTOR Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions , CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include , but not be limited to the following: 1. CONTRACTOR'S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONTRACTOR'S breach of any of its representations, warranties or covenants contained in this Agreement. CONTRACTOR shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR'S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions , then in addition to any other rights and remedies CITY may have, CONTRACTOR shall reimburse CITY , within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant to this Agreement. 4835-2267-0361 v1 LA C\04706083 -5- 7.B.c Packet Pg. 161 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONTRACTOR, at the CONTRACTOR'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONTRACTOR to CITY. D. Transition after Termination Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property , in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONTRACTOR's duties by any new CONTRACTOR hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the tenns 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 CONTRACTOR shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ("the Act") in its current form and as it may be amended from time to time. CONTRACTOR shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers , employees , agents and representatives from and against all suits, claims, demands , damages , costs , causes of action, losses , liabilities, expenses and fees, including without limitation reasonable attorneys ' fees , that may arise out of any violations of the Act by the CONTRACTOR, its subcontractors , or the officers , employees, agents or representatives of either. C. Attorneys' Fees If any action at law or in equity , including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees , which may be set by the court in the same action or in a separate action brought for that purpose , in addition to any other relief to which that party may be entitled. 4835-2267-0 361 v1 LAC\04 706083 -6- 7.B.c Packet Pg. 162 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) 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 CONTRACTOR shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. 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 CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this ' Agreement acknowledges that no representations, inducements , promises or agreements, orally or otherwise , have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. 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. 4835-2267-0361 v1 LAC\04706083 -7- 7.B.c Packet Pg. 163 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) 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 achial 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 refen-ed to in this Agreement are of the essence . L. Waiver CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written . CONTRACTOR: TRC Engineer's , Inc By j~T.~ Name: Scott T. Gallaher Title: Senior Vice President Social Security or Taxpayer Identification Number 33-0648915 Approved as to Fonn City :t;;;;= 4835 -2267 -0361 v1 LAC\04 7060 83 -8- CITY: CITY OF GILROY By :/4 ~ Name : Gabriel A. Gonzalez Title: City Administrator 7.B.c Packet Pg. 164 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER CONTRACTOR shall provide the services indicated on the attached Exhibit "B", Scope of Services ("Services"). (All exhibits referenced are incorporated herein by reference.) To accomplish that end , CONTRACTOR agrees to assign James Schaaf, P .E. who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all technical and professional services including labor, material , equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED/COMPLETION OF SERVICE A. NOTICE TO PROCEED CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written "Notice to Proceed", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail , fax or letter authorizing commencement of the Services. For purposes of this Agreement, Christine Salmo, P .E . shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H. ("Notices") of this Exhibit "A". B . COMPLETION OF SERVICES When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not completed all of such Services as required by this Agreement, CITY shall so inform CONTRACTOR within this two (2) week period. 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 CONTRACTOR as provided for in Article 4 of this Agreement. 4835 -2267-0361 v1 LAC\04706083 -1- 7.B.c Packet Pg. 165 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) Direct expenses are charges and fees not included in Exhibit "B". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses . Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V . OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONTRACTOR represents and warrants that it has the qualifications , skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR'S representations and warranties regarding its skills , qualifications and licenses. CONTRACTOR shall perfonn 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 CONTRACTOR CONTRACTOR shall be responsible for the professional quality , technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times , to audit the books and records (including , but not limited to, invoices , vouchers , canceled checks, time cards, etc .) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the conectness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY 's request. 4835-2267-0361 v1 LAC\0470 6083 -2 - 7.B.c Packet Pg. 166 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) 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 CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and shall not , without the prior written consent of CITY, be used for any purposes other than the performance of the Services , nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry ( other than that which becomes generally known as the result of CONTRACTOR 'S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine , trade paper, newspaper or other medium without the express written consent of CITY . E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. 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 CONTRACTOR may retain and use copies thereof subject to Section V .D of this Exhibit "A". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONTRACTOR shall not be responsible for , and City shall indemnify CONTRACTOR from , damages resulting from the use of said material for work other than PROJECT , including , but not limited to , the release of this material to third parties for work other than on PROJECT. 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. 4835-2267 -0361 v1 LAC\04706083 ,., -.)- 7.B.c Packet Pg. 167 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) H. NOTICES. Notices are to be sent as follows: CITY: CONTRACTOR: Christine Salmo, Project Manager City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 James Schaaf, P.E .. Project Manager TRC Engineer 's, Inc. 2495 Natomas Park Dr. Suite 150 Sacramento, CA 95833 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 . D 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 CONTRACTOR shall comply with the requirements of Title 49 , Part 26, Code of Federal Regulations ( 49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs. 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 CONTRACTOR wanants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee , any fee , commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this wairnnty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee , commission, percentage , brokerage fee , gift or contingent fee . 4835-2267-0361 v1 LAC\04706083 -4- 7.B.c Packet Pg. 168 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) (See attach ed) 4335-2267 -0 36 M LAC\04 706083 EXHIBIT "B" SCOPE OF SERVICES -l - 7.B.c Packet Pg. 169 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) February 27, 2018 (R2 3-8 -18) Ronan Channel Trail Improvements Attachment "A" GENERAL WORK PLAN A key element to the success of any project we support and our approach is to thoroughly understand the project requirements so that we can perform our services in a timely, efficient and effective manner; that is, within budget at the least cost and impact to the City , any affected stakeholders or the public. At minimum, we will follow the submitted proposal and cost outline of 8/30/17 for the Ronan Channel Trail project respectively and as accepted . The scope in general will include provisions for: • Budget review (contractor, agency and consultant) • Construction Inspection and oversight • Resident Engineering (both) • Structural Representative (Ronan only) • Materials testing/ QA per City's QAP • Surveys oversight • Falsework review (Ronan only) • Construction Contract Administration • Project(s) QAP • Documentation, record keeping and document controls • Project Safety • QSD/QSP Support • Permitting and/or biological support as-needed Our proposed work plan approach and general scope of construction management and inspection services for each specific project divides the project(s) management activities into three (3) distinct task categories : pre-construction, construction services, post-construction . A. Ronan Channel Trail ~ to be constructed/ administered/ managed to LAPM -FHWA standards. Provide preliminary project construction management and inspection support services in accordance with the City Local Assistance and/or and authority given to us by the City prior to the start of work. This includes pre-bid services such a constrlictability reviews, addenda assistance, value engineering, project(s) evaluation, pre-construction photos/ video utility coordination, chairing the pre-bid meeting, post-award support, pre-construction attendance and other support services. Pre-construction services will be steered by our CM/ RE as applicable. Provide full project management, inspection, administrative oversight, quality assurance oversight of material testing and inspection, SWPPP and NOi management and quality control support. These activities will generally follow the Scope of Services of the provided RFP or by an approved Task Order and can be modified accordingly as appropriate to the specific needs and task requirements of the City for the assigned project. The field inspection work of the individuals assigned to the field, including inspection support, will be under the overall direction of the CM/ RE who will provide the contract administration and guidance as needed . 7.B.c Packet Pg. 170 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) Task 1 2 3 Provide project closeout responsibilities and other final support services as required by the City or Ca It rans Local Assistance (federally funded) and local jurisdictional policy, and the TRC Construction Manual policy and procedures. 95WDs Per Form lOK of 11/27/17 - TRC $258,779.28 (CM/RE/SRep), IOR Pacific Crest (DBE) $26,055 .50 (materials testing/QA) Toure' Assoc . (DBE) $37,869 .00 (biological/permitting support) ABE Const . $10,000 (pile testing/source inspection as-needed) Contract Totals per Cost Estimate: Task 1-Pre-construction: $8,767 :82 Task 2 -Construction : $201,659.80 (TR()+ $52,555 (subconsultants) = $254,214.80 Task 3 -Post-Construction :$ 19,062 .76 ODC/Vehicle -$9,120.00 OT Allowance -$ 15,168.98 Special Materials Testing -$ 5,000 Total: $311,334.36 t; u Sl e < i: V .. t: u ~ -e C 0 i!" ;; i: V 0 ni a. .. u --::, 1 w u oi C. u "' {= "' ~ ::, :c c.. "" <( .. .. 0 "' ~ .. ~ C ci. t a:: .. ~ ~ a. ~ --.., .. .. c.. 2. C ~ C oil C C a:: ~ V 5 5 5 "" w ~ ~ ~ 13 C ~ e .!: oil ~ a ~ a a -~ ::, iS C ::, t c 0 C C ... C ~ .. .,, t .. ·e :I: V 8 ~ 8 0 8 ·;;; E ·e V V ..a "' ..a 0 ..a ~ Description .. .,, a:: TRC Fee C ::, .§. ::, e ::, ~ a:: "' Q. <( .... 0 "' "' "' 2018 Rates: $241.72 $219.74 $109.87 Pre-Construction 20 8 8 8 44 $ 8,767.82 Construction 152 152 760 76 1140 $201,659.80 $19,260.00 $23,295.00 $10,000.00 Po st-Construction 40 20 20 16 96 $ 19,062.76 $ 9,120.00 Total Req uest: 212 180 788 100 1280 $229,490. 38 $ 9,120.00 $19,260.00 $23,295.00 $10,000.00 ~ C "' ~ ;: .!:! ::, 0 " .t:: ~ 0 ni e ·;: ~ ~ C "' "' 2 ;: ni .!:! ·.:; " Expense .. a. ... Subtotal Total Fee "' 0 $ 8,767.82 $5,000.00 $ 259,214.80 $ 19,062.76 $15,168 .98 $ 24,288.98 $5,000.00 $15,168.98 '$81,843.98 $ 311,334.36 7.B.c Packet Pg. 171 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) . August 30, 2017 Title-Ronan Channel Trail Project Cit y of Gil roy City Project No: Federal Project No: Consultant: CALTROP a TRC Company Direct Labor Classification Name Pre-Construction Task 1 RE James Sc haaf Structure Rep Scott Dendall Inspector Ted Schieber! Admin Support TBD Total Labor Cost Task 1 Construction Task 2 RE James Schaaf Structure Rep Scott Dendall Inspector Ted Schieber! Admin Support TBD Total Labor Cost Task 2 Post Construction Task 3 RE Structure Rep Inspector Adm i n Support Total Labor Sub Consultants CDC Vehicles Total Cost Estimate James Schaaf Scott Dendall Ted Schieber ! TBD Local Assistance Procedures Exhib it 10-H Cost Proposa l Billing Range Hours Rate Total PE 20 $ 241.72 $ 4,834.39 PE 8 $ 219.74 $ 1,757.96 8 $ 162.06 $ 1,296.49 8 $ 109.87 $ 878.98 44 $ 8,767 .82 PE 152 $ 241.72 $ 36,741.33 PE 152 $ 219.74 $ 33,401 .21 760 $ 162.06 $ 123,166.96 76 $ 109.87 $ 8,350.30 1140 $ 201,659.80 PE 40 $ 241.72 $ 9,668 .80 PE 20 $ 219.74 $ 4,394.80 20 $ 162.06 $ 3,241.20 16 $ 109.87 $ 1,757.96 96 $ 19,062.76 $ 52,555 .00 1140 $ 8 .00 $9,120.00 Special Materials Testing Allowance -Prestress Strains etc Overtime Allowance 80 hours 80 $189 .61 Cost with OT Allowance fO TRC I iiM!iiiJ,j:J R•.suti. ,..,., can ,.,r or> o TRC Company $ 8,767.82 $ 201,659 .80 $ 19,062.76 $ 229,490.38 $ 52,555.00 $9,120.00 $ 291,165.38 $ 5,000.00 $ 15,168.98 $ 311,334.36 7.B.c Packet Pg. 172 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) August 30, 2017 Local Assistance Procedures Exhibit 10-H Cost Proposal Title-Ronan Channel Trail Project City of Gilroy City Project No: Federal Project No : 0 Sub-Consultant Costs: Firm Pacific Crest Engineering Materials Testing Toure Associates Abe Construction DBE total *See note 11 below Notes: Environmental * Pile Testing 1. All hourly rates effective through December 2018. Cost Estimate DBE $ 19,260.00 DBE $ 23,295.00 $ 10,000.00 $ 52,555 .00 2. All hourly rates are increased annually by the current CPI -Minimum 3%. 3.AII rates include employee wages; sa lary, related benefits, overhead and profit. 4.Vehicle full sized truck, mileage, gas, maintenance, license. 5. Overtime billed in accordance with State and Federal Law . . 6. Estimate is based on 95 working days. 7. Rates are subject to Prevai ling Wage requirements and changes per the DIR. 8. Base and Billing Rates Per hour Estimate Estimate Estimate DBE% 6 .61% 8.00% 14.62% Name Base Fringes OH/GA Profit Bi ll ing Rate Overtime Rate Overtime Rate CALTROP Pay Rate 30.51% 119.20% 10% Time and Half Double Ti me l.17x 1.44x Schaaf $ 88.00 $ 26.85 $ 104.90 $ 21.97 $ 241.72 NA NA Dendall $ 80.00 $ 24.41 $ 95.36 $ 19.98 $ 219 .74 $257.10 $316.43 Schieber! $ 59 .0 0 $ 18.00 $ 70.33 $ 14.73 $ 162.06 $189.61 $233.37 Admin $ 40.00 $ 12.20 $ 47.68 $ 9 .99 $ 109.87 $128.55 $158.22 9 . All estimates and allowance costs are subject to vertification and adjustment to actual costs . 10. All approved overtime over the allowance of 80 hours will be additional cost. 11. We have adjusted Toure cost ($93,180.00) which we believe are too high and subject to negotiation . o TRC Company DBE Goal 7% Prevail Wage No No Yes No 7.B.c Packet Pg. 173 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) Pacific Crest Engineering Inc. f~~~ PACIFIC CREST ENGINEERING INC. www .4pacific-crest.com 444 Airport Blvd, Suite 106 Watsonville, CA 95076 Phone:831-722-9446 Fax: 831-722-9158 STANDARD FEE SCHEDULE -GEOTECHNICAL GROUP GENERAL SERVICES -CSUMB January 1, 2017 The following schedule presents our rates for professional services. If desired, services other than construction observation and testing can be contracted on a negotiated fixed fee basis. Hours and mileage for professional and technical services are charged portal-to-portal from our office. Services during constrnction, such as testing and observation of grading , require both professional and technical services. Depending on the scope and duration of the constrnction project, an opinion of probable cost can be made. Professional, technical, mileage and laboratory fees and rates are subject to change without notice . PROFESSIONAL SERVICES Principal Engineer\Geologist Associate Engineer\Geologist Senior Engineer\Geologist Staff Engineer\Geologist II Staff Engineer\Geologist I Senior CAD Operator CAD Operator Administrative Staff Expert Witness Outside Consultants TECHNICAL SERVICES Senior Field Engineer (Prevailing Wage Projects)* Staff Field Engineer (Prevailing Wage Projects)* Senior Field Engineer (Non-Prevailing Wage Projects -Residential)* Staff Field Engineer (Non-Prevailing Wage Projects -Residential)* Construction Inspector (Prevailing Wage, Group 2) QSP/SWPPP Monitoring Services Lab Technician Asphalt Core Drilling (Rig + Staff Time)* Billing Rate $ 175.00 per hoUl' $ 170.00 per hour $ 160.00 per hour $ 145.00 per hour $ 135.00 per hour $ 105.00 per hoUl' $ 95.00 per hom $ 80.00 per hour $ 285 .00 per hour . l. l 5X Hourly Rate . $ 115.00 per hour $ 110.00 per hour $ 105.00 per h01u $ 95.00 per hour $ 115.00 per hour $ 110.00 per hour $ 90.00 per hour $ 155 .00 per hour * Includes nuclear density testing, concrete sampling, and core drilling; two hour minimum charge per site visit. OVER TIME Over Time Sunday/Holiday 1.5X hourly rate 2.0X hourly rate 7.B.c Packet Pg. 174 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) Pacific Crest Engineering Inc. www.4pacific-crest.com Night Shift MILEAGE EXPENSES Auto Mileage Drill Rig Mileage OVERTIME Standard Fee Schedule -January, 2017 Page2 1.8X hourly rate $0.53.5 per mile ( or cwTent IRS standard rate) No Charge Overtime, when applicable, shall be defined as working more than 8 hours in any one day, more than 40 hours in any one week, and a:ny work performed on Saturdays, Sundays, and Holidays. Double time is billed for Sunday and Holiday work, and for work performed in excess of 8 hours on Satw·days. All other overtime hours are billed as time and a half. Night shift work is shift work commencing after 2:00 pm or before 4:00 am during any 24 hour period starting at 12:01 am. Our normal working hours al'e 8:00 am to 5:00 pm, Monday through Friday. FIELD TESTS Plate bearing load tests, pile load tests, vane shear tests, piezometer installations, slope inclinometer installations, and other special tests will be charged at standard engineering and personnel rates, plus cost of special equipment. INCIDENTAL EXPENSES Consultant shall be paid the actual cost plus fifteen percent of all other out-of-pocket expenses, including any costs of air travel; applicable sales, use and city taxes, as well as miscellaneous outside services and facilities, including: Subconsultant or Subcontractor fees; equipment rental, drill rig, underground locator, renderings, ovemight delivery, permit and plan check fees, and similar expenses. SUBSISTENCE Subsistence charges shall include the actual net cost plus fifteen percent of meals, lodging and local transportation, including car rental costs incurred whenever the Consultant1s employees are required to be away from their normal place of business. In lieu of this charge of cost plus fifteen percent, Consultant and Client may agree on a lump sum per diem charge to cover subsistence. PRINTS AND SPECFICA TIONS Reproduction charges for prints and specification books for client use in bidding or constmction or at client request will be billed at cost plus fifteen percent. COPIES OF PREVIOUS REPORTS Orders for copies of previously issued work will be billed on a time and material basis (minimum charge of $25.00). 7.B.c Packet Pg. 175 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) Pacific Crest Engineering Inc . www.4pacific-crest.com Standard Fee Schedule -January, 2017 Page 3 DRILLING AND SAMPLING Drill Rig including crew -trnck mounted or crawler mounted: Mobilization Straight Time Over Time Cone Penetrometer Rig (CPT) CPT Travel Time & Mobilization Drilling is charged at 4 hours minimum. Time is charged portal-to-portal from the drilling rig yard. Billing Rate Cost+ 15% Cost+ 15% Cost+ 15% Cost+ 15% Cost+ 15% Casing, Shelby tubes and any special sampling or subcontract equipment will be charged at cost plus 15%. LABORATORY TESTS Soil/Aggregate Classification and Index Tests: Atterberg Limits (Liquid Limit/Plastic Limit/ Plasticity Index): • Method A (Multi Point), ASTM D-4318/ AASHTO T89 & T90 • Method B (Single Point), ASTM D-4318/AASHTO T89 & T90 • California Test Method, CT-204 Grain Size Distribution of Soil: • Sieve Analysis w/ Hydrometer ASTM D-422/ AASHTO T88 • Sieve Analysis w/o Hydrometer, ASTM D-422/ AASHTO T88 • Material Finer than #200 Sieve ASTM D-1140 • California Test Method, CT-202 Grain Size Analysis of Aggregate: • Sieve Analysis ASTM C-136/ AASHTO T27 • Material Finer than #200 Sieve ASTM C-117/ AASHTO Tl 1 • California Test Method, CT-202 Moisture Determination, ASTM D-2216/AASHTO T265/CT-226 R-Value: • Native Soil Samples ASTM D-2844/AASHTO Tl90/CT-301 • With Additives, ASTM D-2844/AASHTO Tl90/CT-301 Sand Equivalent, ASTM D-2419/CT-217 Specific Gravity of Soil, ASTM D-854/AASHTO TlOO Expansion Index , ASTM D4829 Cleanness Value of Coarse Aggregate, CT 227 Dw·ability Index, CT 229 $175.00 $150.00 $175.00 $200.00 $110.00 . $ 85.00 $115.00 $120.00 $ 85.00 $125.00 $ 25.00 $280.00 $350.00 $120.00 $100.00 $200.00 $145.00 $145.00 7.B.c Packet Pg. 176 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) Pacific Crest Engineering Inc. www.4pacific-crest.com Standard Fee Schedule -January, 2017 Page4 Moisture Density Relations/Compaction Curves: Modified Proctor: • 4" Mold, ASTM D-1557/AASHTO Tl80 • 6" Mold, ASTM D-1557/AASHTO T180 • One Point Verification (Check Point) Standard Proctor: • 4" Mold, ASTM D-698/ AASHTO T99 . • 6" Mold, ASTM D-698/ AASHTO T99 • One Point Verification (Check Point) Cal-Impact Test, CT-216 Strength Tests: Direct Shear: • CD Peak and Residual, ASTM D-3080 (per point) • CU Peak and Residual, ASTM D-3080 Modified (per point) Unconfined Compression, ASTM D-2166/AASHTO T208 Consolidation & Expansion Tests: Consolidation, ASTM D-2435 Expansion Pressure, ASTM D-3877 Concrete Testing: Compressive Strength Testing, ASTM C-39, CT-521 (per cylinder) Method of Test For Flexural Strength of Concrete, CT 523 Method of Test For Flexural Strength of Rapid Strength Concrete, CT 524 Hot Mix Asphalt (HMA) Tests: Bulk Specific Gravity of Compacted Hot Mix Asphalt • Saturated Surface Dry Method, ASTM D2726/AASHTO T166 • Coated Specimens, ASTM D-1188/AASHTO T275 • California Test Method, CT-308 Moisture Content of HMA, AASHTO T329 Theoretical Maximum Density, ASTM D-2041, CT-309 Miscellaneous: $250.00 $285.00 $100.00 $250.00 $285.00 $100.00 $280.00 $225.00 $105.00 $ 80.00 $380.00 $325.00 $ 40.00 $145.00 $145.00 $ 50.00 $ 55.00 $ 55.00 $ 25.00 $145.00 Triaxial, concrete, permeability or other special inspection testing services are individually quoted. 7.B.c Packet Pg. 177 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) Pacific Crest Engineering Inc. f~~ www.4pacific-crest.com PACIFIC CREST ENGINEERING INC. STANDARD FEE SCHEDULE -MATERIALS TESTING January 1, 2017 Soil/Aggregate Classification and Index Tests: Atterberg Limits (Liquid Limit/Plastic Limit/ Plasticity Index): • Method A (Multi Point), ASTM D-4318/ AASHTO T89 & T90 • Method B (Single Point), ASTM D-4318/AASHTO T89 & T90 • California Test Method, CT-204 Grain Size Distribution of Soil: • Sieve Analysis w/ Hydrometer ASTM D-422/AASHTO T88 • Sieve Analysis w/o Hydrometer, ASTM D-422/ AASHTO T88 • Material Finer than #200 Sieve ASTM D-1140 • California Test Method, CT-202 Grain Size Analysis of Aggregate: • Sieve Analysis ASTM C-136/AASHTO T27 • Material Finer than #200 Sieve ASTM C-117/AASHTO Tl 1 • California Test Method, CT-202 Moisture Detennination, ASTMD-2216/AASHTO T265/CT-226 R-Value: • Native Soil San1ples ASTM D-2844/AASHTO T190/CT-301 • With Additives, ASTM D-2844/AASHTO T190/CT-301 Sand Equivalent, ASTM D-2419/CT-217 Specific Gravity of Soil, ASTM D-854/ AASHTO Tl 00 Expansion Index, ASTM D4829 Cleanness Value of Coarse Aggregate, CT 227 Durability Index, CT 229 Moisture Density Relations/Compaction Curves: Modified Proctor: • 4" Mold, ASTM D-1557/AASHTO Tl80 • 6" Mold, ASTM D-1557/AASHTO T180 • One Point Verification (Check Point) Standard Proctor: . • 4" Mold, ASTM D-698/ AASHTO T99 • 6" Mold, ASTM D-698/ AASI-ITO T99 • One Point Verification (Check Point) Cal-Impact Test, CT-216 444 Airport Blvd, Suite 106 Watsonville, CA 95076 Phone: 831~722-9446 Fax:831-722-9158 $175.00 $150.00 $175.00 $200.00 $110.00 $ 85.00 $115.00 $120.00 $ 85.00 $125.00 $ 25.00 $280.00 $350.00 $120.00 $100.00 $200.00 $1.45.00 $145.00 $250.00 $285.00 $100.00 $250.00 $285.00 $100.00 $280.00 7.B.c Packet Pg. 178 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) Pacific Crest Engineering Inc. www.4pacific-crest.com StandardFee Schedule -January, 2017 Page 2 Strength Tests: Direct Shear: • CD Peak and Residual, ASTM D-3080 (per point) • CU Peak and Residual, ASTM D-3080 Modified (per point) Unconfined Compression, ASTM D-2166/AASHTO T208 Consolidation & Expansion Tests: Consolidation, ASTM D-2435 Expansion Pressure, ASTM D-3877 Concrete Testing: Compressive Strength Testing, ASTM C-39, CT-521 (per cylinder) Method of Test For Flexural Strength of Concrete, CT 523 Method of Test For Flexmal Strength of Rapid Strength Concrete, CT 524 Hot Mix Asphalt (HMA) Tests: Bulle Specific Gravity of Compacted Hot Mix Asphalt • Saturated Surface Dry Method, ASTM D2726/AASHTO T166 • Coated Specimens, ASTM D-1188/AASHTO T275 • California Test Method, CT-308 Moisture Content of HMA, AASHTO T329 Theoretical Maximum Density, ASTM D-2041, CT-309 Miscellaneous: $225.00 $105.00 $ 80.00 $380.00 $325.00 $ 40.00 $145.00 $145.00 $ 50.00 $ 55.00 $ 55.00 $ 25.00 $145.00 Triaxial, concrete, penneability or other special inspection testing services are individually quoted and billed at cost. 7.B.c Packet Pg. 179 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) City of Gilroy Construction Management Services for the Ronan Channel Trail Proj ect Cost Proposal Dear Mr. Schaaf: COST PROPOSAL Construction Management Services For The Ronan Chann e l Trail Project 'It~· jl\mm Please see our cost proposal for environmental compliance services for the Ronan Channel Trail Project. This cost proposal includes preparation of report(s), maps, and exhibits for environmental compliance to include biological surveys, construction monitoring, SWPPP inspections and oversight, reports submittals and monitoring for hazardous waste, noise and dust control mitigation measures required during the course of the project. S cope of Work: E nvironmental Compliance Services Toure Associates will provide Caltrop-TRC with the following environmental tasks (1 -3): 1. Envi ronm enta l Miti gation a nd Monit o ring Program Preparation of report(s), maps, and exhibits for environmental compliance to include attending meetings, site monitoring and submittals reports for hazardous waste, noise , and dust control mitigation measures required during the course of the project. 2. SWP P P Inspections an d Oversight Review of SWPPP BMPs and reports, SWPPP inspections, oversight, and document uploads for SMARTS submittals . 3. B iologist Surveys and Construction Monitoring 1, Biological surveys, review of report submittals to ensure regulatory permit compliance, construction monitoring , protection measures for migratory nesting birds, and report submittals . TASKS WOR~ING DAYS TOTAL 1. Implementation of Not to exceed 95-$60,480 Environmental Mitigation working days of Monitorinq Proqram project 2. SWPPP Inspections and Not to exceed 95-$15,000 Oversight working days of project 3. Biologist Surveys and Not to exceed 95 -$12,500 Oversight working days of project 4 . Indirect Costs Not to exceed 95 -$5 ,2 00 working days of project TOTAL '" "' $93 ,180 .. , . . • ; .. *Worki ng Days : 95 1485 Bayshore Boulevard., Suite 427, San Francisco, CA 94124 • (415) 209-5631 (office) 7.B.c Packet Pg. 180 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) City of Gilroy Construction Managem ent Services for the Ronan Channel Trail Project Cost Proposal *) Please Note: This cost estimate is based upon 95 working days. If proiect extends beyond 95 working days a change order shall be required. The change order rate shall be based upon our 2017 rate sheet for continuation of required environmental services until completion of project. Tou re Asso cia tes appreciates the opportunity to provide Caltrop-TRC with environmental compliance services required for this project. We are fully committed to working with the CAL TROP -TRC as an exclusive partner. If you have any questions concerning this cost estimate, please do not hesitate to contact me at (559) 470-5586 or email: tshaka@toureassociates.com . TOURE ASSOCIATES Sincerely, m~~ T'Shaka Toure , Principal Owner 1485 Bayshore Blvd, Suite 427 San Francisco , CA 94124 ( 415) 209-5631 (office) (559) 470-5586 (mobile) 1485 Bayshore Boulevard, Suite 427, San Francisco, CA 94124 • (415) 209-5631 (office) 7.B.c Packet Pg. 181 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) / (See attached) 4835-2267-0361v1 LAC\04 706083 EXHIBIT "C" MILESTONE SCHEDULE -1- 7.B.c Packet Pg. 182 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) Critical Path Items: • Tree Removals • Key Submittals • Bridge Foundations • I nstrea m Pe rm it • Bridge Superstructure • Project Closeout C CALTR,OP. Administrative AIOOO A 101 0 ... Contract Start Precon Meeting A1020 Weother Doy Activity per SECTION 00810 A 11 ro Bird Nesting -(February 1 to Aug 31) A 1190 Env ironmental Survey A 1030 lnstream Permit Restnction (Apri 15th -Oct 1 Sth ) A1040 A1050 Key Submittals A1070 Punchlist Project Acceptance Hau l Ro ute Plan A I 080 Traffic l,lanagemenl Plan A 1090 Notice of Materials -Hl,lA: Co ncrete ; Class 2 A B A 1·100 Structu re Concr.e1e and COH Concrete Trial Batches A 1120 Pretest Ora111age Systems Al 130 CDH Coges A1140 CIOH Pile Placement Plan A 11 SO Falsework Plan A1160 A 1060 Shoring an d Exca vation Plan SWPPP -NOI Pathway Civil Work A1170 l.lobizations -Y ard Setup A 11 SO RemoveTrees(PnortoJan31 ) A 1320 lnstoll Br,rPs -S~ Fence ( 1 mile ) and Fiber Ro U (2 miles ) A1200 Ro ugh Grading A 121 0 lnstoDDS1 ,2and3 A 122 0 Bose Rock and Hr.IA Pa vi'1g (Sta 154 -129) A1230 Base Rock and HUA Pav in g (Sta 129-107) A 124 0 Base Rock and Hr.IA po vin g (Sta 107 -100 ) A'1250 FintSh Path w ay -Stripe/ SignsJ Pet Tras h/ Benches A 1420 A1260 Bridge Work A1270 A1280 A1400 A 1290 A 14 10 A 1340 A1300 A13·t O A1330 At370 A1350 A1360 A 1390 c::::J Rema in ing Wort: Bridge Approaches Fnal Erosion Contro l Structure Exe -RW and Abutrnen1s CDH Ping COH Pile Testing Foundatio ns -RW and Abutments Concret e Abutmen1 Siems RW Stems -FIR/PS Structu re Backfi (PortlOn ) Fals ewort Stems end Sotf4: Deck and Cu re Structure Backfill Approaches Bridge and RW Re ilil gs Remo ve F/W and Fin JS h Slo pes • + Miestone Critical Rema inin g Worx ,........... Summa ry Ongf'tal OurabDn 176 0 28 5 5 28 15 5 15 r5 15 25 145 5 15 10 10 10 10 10 5 151 3 15 20 5 Star' 03-Hav-17 03-Nov-17 03-tlov-17 03-Nov-17 03-rlov-17 03-Nov -17 16-Apr-18' OJ.Ju~ 18 03-Nov-17 03-Nov-17 03-Nov-17 03-Nov-17 03-Nov-'17 03-tlo v-·17 03-Nov-·17 03-tlov-17 03-Nov-17 03-Nov-17 06-No v-1 7 11-0ec-17 11-Dec-17 18-0ec-17 18-Dec-17 08-Jan-18 22-Jan-18 OS-Feb-18 19-Feb-·18 OS-Mar-18 19-Mar-18 19-Jun-18 26-Jun-1 8 24-Nov-17 24-No v-1 7 13-Dec-17 20-Dec-17 21 -Dec-17 26-0ec-1 7 28-Dec-·17 02..Jan-18 16-Apr-18 23-Apr-18 14-r.toy-18 12-Jun-18 12-.Jun-1 8 19-Jun-18 Frush 10-Ju~18 OJ.rlov-17 09-Nov -17 09-Nov-1 7 09-No v-17 10..Ju'18 09-tlov-17 12-De c-17 23-Nov-17 09-Nov-17 23-Nov-17 23-Nov-17 23-Nov-17 08-Dec-17 02-J u~18 15-Dec-17 22-Dec-17 05-Jan-18 19-Jan-1 8 02-Feb-18 16-Feb-1 8 02-Mar-18 16-f.la r-·18 23-Mar-18 25-Jun -1 8 02..Ju~t8 25-Jun-18 28-Nov-17 19-Dec-17 20-Dec-17 27-Dec-17 01 -Ja n-18 03-Jan -18 OS-Jan-18 20-Apr-1 8 11-r.Joy-1 8 11-Jun-18 18-.Jun-18 18-Jun-18 25-.lun-18 January 2018 ;-ebru ary 20 18 March 2018 ~pri2018 June 2018 Juty 2016 August 2016 31 07 ,~ 21 28 o.: 11 18 25 o.: 11 18 2: 01 08 15 22 03 10 ,-2.! 01 08 1: 22 29 05 12 19 26 Pre con Meetin~ W eathe r D~y Activity per SECT:! N ooa10 . . : . : • ····:~;:t;::t:r; -~ 'l;;'"''' :~~:~~=~~······ :····· ' ''''''' ,:···,;w;~~~'''"''' ""'""'''''''''''''''''''''' ........ .l.. ...................... (P.ermil:Restril:t~n.Co.ntr.ols).i-----·. .......................... .... . ........... : .................. , ............ . .... ----~ ' ' ' ' ' ' ' ' ........ -~ ................. ·:· ......... . ' ' ' ' ' ' ...... , .................. , .... . ' ' ' ' lns ta UDS 11 2 ~nd 3 : Base Rock and H!,l A Po v ~g (St 54 -129): · Bose Rock and 8MA v g (Sta 1:19-107 ) ........ ;. ................. ;. .. MA po v ~ (Sta 107 -100) ;.;.,:--:::-i-.-:::-:t-lr--::::~==-:-::--.-i'::---:-----t··---............. , ..... . Fln !sh Pat , ay -Stri~ Signs/ Pet Tr as ~ Bench es . . nd Abutments ' ' -~ ........... -.. -.. ·: ............. -~ ................. ·:· ......... . ' ' · · RW s,e·ms· ~ FiAt?s · · -· -· · · · ·-·: · · · · · · · · . :.:.:_:_:_:_:_:_:_t:_:_:_:_:_._:_:_:_:_:_:_:_:_:_:_:_:t.:.:.~ ·_·:_ ·_·_·_· _· · · •"·':')i~~i~!~:-~~f~ia:rti~:~r:-:r::·:·:·:·:·::·:·:·::·:·:·:·:·: :r :·:·:·:: ...... i;~,~~,:;~;k ........... ; ... i * *: Re-o en Sections of Stemson~so+ . . . . . : . . ' : : ---Pat" hwa -·-··o·rj,in ---c·o·n,-glef i ,,n .... Ci ty of Gilroy Ronan Channel Tra il Proiect ~ge Approaches ( Fin al Ero sion co Cl tro l Cure re BacHII Appro a~hes gi -.n;i"iiiii'liaiin~,-·; ···· · ·· ------- ~move F/W and Flf'I C5 h Slopes 7.B.c Packet Pg. 183 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) EXHIBIT "D" PAYMENT SCHEDULE • Each month during the term of the Agreement , CONSUL TANT shall submit to CITY a reasonably-detailed invoice. • CONSUL TANT will be paid monthly for services performed during the previous month , in a total amount not to exceed$ 311,334 .36 . 4845-6718-3385v1 LA C\04706083 -1- 7.B.c Packet Pg. 184 Attachment: Fully Executed TRC Contract-Ronan (2074 : Amendment to the Agreement with TRC Solutions, Inc. for Ronan Channel Trail) City of Gilroy STAFF REPORT Agenda Item Title: Award of a Contract in the Amount of $150,998 to 4LEAF, Inc. for Construction Management Services for the Citywide Pavement Maintenance Phase II Project No. 19-RFP-PW-422 and Approval of a Budget Amendment in the Amount of $57,695 Meeting Date: April 1, 2019 From: Gabriel Gonzalez, City Administrator Department: Public Works Department Submitted By: Girum Awoke Prepared By: Nirorn Than Girum Awoke Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development  Customer Service ☐ Enhanced Public Safety RECOMMENDATION a) Adopt a resolution of the City Council of the City of Gilroy amending the budget for the City of Gilroy for Fiscal Year 2018-2019 and appropriating proposed expenditure amendments. b) Approve a contract with 4LEAF, Inc. in the amount of $137,271 for construction management services for the citywide pavement maintenance phase II project, No. 19-RFP-PW -422, establish a project contingency of $13,727 (10%), and authorize the City Administrator to execute the contract and associated documents. BACKGROUND In March, 2012, Council awarded a design and construction management contract to Flowers & Associates, Inc. for total amount of $124,953 for the Citywide Pavement 7.C Packet Pg. 185 Maintenance Phase I Project No. 17-PW -237. In 2016, Council approved an amendment to Flowers & Associates, Inc.’s contract for the design and construction management services for the Citywide Pavement Maintenance Phase II Project for a total amount of $245,633. This amendment also extended the term of the contract to May 25, 2018. Flowers & Associates, Inc. prepared preliminary plans for the Phase II project but the project was not implemented in the last paving cycle due to funding limitations. The Flowers & Associates contract has since expired and terminated. ANALYSIS Most capital projects require dedicated resources to oversee and manage the construction phase of the project. Due to limited resources, the City outsources Construction Management (CM) and Quality Assurance (QA) functions. These services are subdivided into the following categories:  Preconstruction o Constructability Review o Value Engineering o Environmental Permitting Review  Construction o Budget and Payment Processing o Enforcing Quality Assurance Program o Construction Document and Inspection o Meeting and Communication o Labor Compliance  Post Construction o Project Closeout o Final Cost Reporting o Project As-Built and Filing These aforementioned services are critical for the successful delivery of the project. It is also critical that the Construction Management firm is brought in early-on during the project’s life to assist City staff in reviewing the design document prior to construction. This preconstruction phase will help reduce the amount of change orders as well as provide a better opportunity in the overall construction for cost savings. To date, staff had prepared an RFP (19-RFP-PW -422) to solicit for CM and QA services. This RFP was advertised to the prequalified list of firms, which was approved by Council in 2014 and amended in 2018. The intent of this RFP is to select the best qualified firm based on overall value which includes previous experience, project personnel, and project cost. Three proposals were received on December 19, 2018. The selection committee reviewed all three proposals and 4LEAF, Inc. was selected as the most qualified firm for this assignment. 7.C Packet Pg. 186 4LEAF, Inc. has demonstrated a thorough understanding of the project scope and has submitted examples of experience delivering successful projects with similar scope. 4LEAF, Inc.’s cost proposal also includes a detailed breakdown of our Quality Assurance Program to insure total compliance with our standards. Furthermore, 4LEAF, Inc. is committed to assist the City during the preconstruction phase to have a well- defined construction document for bidding this spring. FISCAL IMPACT/FUNDING SOURCE The total cost proposal for 4LEAF, Inc. is $137,271 and staff recommends including a 10% contingency of $13,727 for a total contract amount of $150,998. Currently, there is a remaining balance of $93,303 from the previous contract with Flowers & Associates, Inc. The contract for Flowers & Associates has been terminated and the Purchase Order is closed. The Gas Tax fund will pay for the design, inspection and construction of the capital pavement maintenance project. Staff is recommending Council adopt a resolution to amend the Gas Tax Fund budget and increase expenditures by an additional $57,695 to cover the total cost for these services. Attachments: 1. Reso. Budget Amendment 4Leaf 2. RFP 19-RFP-PW -422 4Leaf Inc Contract 3. FY19 Pavement Phase II Map 4. FY17-18 Completed Pavement Rehabilitation Project 7.C Packet Pg. 187 RESOLUTION NO. 2019-XX RESOLUTION NO. 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR 2018-2019 ANDAPPROPRIATING PROPOSED EXPENDITURE AMENDMENTS WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2017-2018 and 2018-2019, and the City Council carefully examined, considered and adopted the same on June 5, 2017; and WHEREAS, City Staff has prepared and submitted to the City Council proposed amendments to said budget for Fiscal Year 2018-2019 for the City of Gilroy in the staff report dated April 1, 2019 for the award of construction management services for the citywide pavement maintenance phase II project 19-RFP-PW-422. NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year 2018-19 in the Gas Tax 2106 Fund 210 shall be increased by $57,695. PASSED AND ADOPTED this 1st day of April, 2019 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ATTEST: Roland Velasco, Mayor Shawna Freels, City Clerk 7.C.a Packet Pg. 188 Attachment: Reso. Budget Amendment 4Leaf [Revision 2] (1965 : Award of contract for Construction Management (CM) Services for Capital -1- 4835-2267-0361v1 LAC\04706083 AGREEMENT FOR SERVICES (For contracts over $5,000 - CONSULTANT) This AGREEMENT made this February day of 4th, 2019, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: 4LEAF, 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 2/4/2019 and will continue in effect through 2/28/2020 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific Services CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”). B. Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above- described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT’S services. Construction Management Services for the 2019 Citywide Pavement Maintenance Phase II 19-RFP-PW-422 6/30/2020 7.C.b Packet Pg. 189 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital -2- 4835-2267-0361v1 LAC\04706083 C. Employment of Assistants CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT’S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed 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 contingency). $150,998 ( including 10%) 7.C.b Packet Pg. 190 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital -3- 4835-2267-0361v1 LAC\04706083 responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers’ Compensation CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONSULTANT’S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, 7.C.b Packet Pg. 191 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital -4- 4835-2267-0361v1 LAC\04706083 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 effec tive date of the contract or the beginning of the contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that:  CITY will not withhold FICA (Social Security) from CONSULTANT’S payments;  CITY will not make state or federal unemployment insurance contributions on CONSULTANT’S behalf;  CITY will not withhold state or federal income tax from payment to CONSULTANT;  CITY will not make disability insurance contributions on behalf of CONSULTANT;  CITY will not obtain workers’ compensation insurance on behalf of CONSULTANT. 7.C.b Packet Pg. 192 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital -5- 4835-2267-0361v1 LAC\04706083 ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT’S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of Consultant’s Business/ Death of Consultant. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONSULTANT’S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT’S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT’S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY 7.C.b Packet Pg. 193 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital -6- 4835-2267-0361v1 LAC\04706083 may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. 7.C.b Packet Pg. 194 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital -7- 4835-2267-0361v1 LAC\04706083 C. Attorneys’ Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. 7.C.b Packet Pg. 195 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital -8- 4835-2267-0361v1 LAC\04706083 H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: CITY: 4LEAF, Inc. CITY OF GILROY By: By: Name: Gene Barry Name: Gabriel A. Gonzalez Title: Vice President Title: City Administrator Social Security or Taxpayer Identification Number 7.C.b Packet Pg. 196 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital -9- 4835-2267-0361v1 LAC\04706083 Approved as to Form ATTEST: City Attorney City Clerk 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 By: By: Name: Gene Barry Name: Gabriel A. Gonzalez Title: Vice President Title: City Administrator Social Security or Taxpayer Identification Number Approved as to Form ATTEST: City Attorney City Clerk 7.C.b Packet Pg. 197 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “A” SPECIFIC PROVISIONS I. PROJECT MANAGER CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign , 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, Nirorn Than 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 al l 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 Agr eement, 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. Tricia Baxter 7.C.b Packet Pg. 198 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital -2- 4835-2267-0361v1 LAC\04706083 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. 7.C.b Packet Pg. 199 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital -3- 4835-2267-0361v1 LAC\04706083 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY’S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit “A”. CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 7.C.b Packet Pg. 200 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital -4- 4835-2267-0361v1 LAC\04706083 H. NOTICES. Notices are to be sent as follows: CITY: Nirorn Than City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: 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. Gene Barry 4LEAF, Inc. 2126 Rheem Dr. Pleasanton, CA 94588 7.C.b Packet Pg. 201 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “B” SCOPE OF SERVICES  Pre-Construction o Review of design document (plans and specification). o Permits checklist and review for conformance with local and state agencies. o Value engineering analysis.  Construction o Budget and Payment Processing  Verification of pay quantities & review of pay requests  Review contractor billings, verify correctness and quantities, and provide recommendation to the City  Provide independent backup information to support costs paid  Quantity calculation sheets – each contract item each progress pay estimate  Independent estimate for proposed contract change order amounts o Materials Value Engineering and Constructability Review Gilroy Quality Assurance Program o Construction Documentation/ Inspections  Perform inspection services to monitor the contractor’s work to ensure compliance with plans and specifications  General inspection of daily work & conformance with project plans & specifications  Verification of any required contractor notification of construction work and road closure notifications as required in the specifications  Be aware of and have contractor correct any unsafe conditions  Prepare, in consultation with City, field orders and change orders on city forms  Inspection of detour and construction signing/public safety  Collection of certificates of compliance and weight/quantity certificates  Coordination with City departments, as applicable  Resolution of construction issues, in consultation with City and/or contractor  Any other reasonable and customary construction management & inspection functions necessary to fairly, efficiently, and safely see a project to a successful completion, in conformance with the plans, specifications  Monitor compliance with environmental mitigations, if any  Monitor compliance with storm water pollution prevention measures  Perform pre-construction documentation of exiting site conditions and/or  Materials testing as per specifications and in conformance with City of Gilroy Quality Assurance Program Gilroy Quality Assurance Program o Construction Documentation/ Inspections  Perform inspection services to monitor the contractor’s work to ensure compliance with plans and specifications  General inspection of daily work & conformance with project plans & specifications  Verification of any required contractor notification of construction work and road closure notifications as required in the specifications  Be aware of and have contractor correct any unsafe conditions  Prepare, in consultation with City, field orders and change orders on city forms  Inspection of detour and construction signing/public safety  Collection of certificates of compliance and weight/quantity certificates  Coordination with City departments, as applicable  Resolution of construction issues, in consultation with City and/or contractor  Any other reasonable and customary construction management & inspection functions necessary to fairly, efficiently, and safely see a project to a successful completion, in conformance with the plans, specifications  Monitor compliance with environmental mitigations, if any  Monitor compliance with storm water pollution prevention measures  Perform pre-construction documentation of exiting site conditions and/or Section 1: General Scope of Services To provide the City of Gilroy with Construction Management Services and execute the project and the City's Standard Quality Assurance Program. 4LEAF's team shall function as an extension of City staff, seamlessly integrating with the personnel and practices established by the City while adding the expertise that 4LEAF can offer. 4LEAF shall provide project coordination by performing project administration; monitoring and reporting of project budget, schedule, progress, and issues; and managing the sub-consultant. The aforementioned services include, but are not limited to, the following: 7.C.b Packet Pg. 202 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital construction management software (Procore). o Meeting and Communication  Schedule, attend, facilitate, and run pre-construction meeting, periodic construction progress meetings  Resolution of citizen complaints related to the construction  Coordinate with the designer as necessary  Coordinate with the City of Gilroy  Coordination with adjacent landowners/business owners o Plan Review  Review proposed design changes, if any o EEO/Labor Compliance  Payrolls – certified by contractor, initialed by RE and Local Agency  Spot checked for hours and wage rates versus diaries  Make sure required poster posted in “Plain View” of works  Post-Construction o Closeout activities, including notice of completion, punch list, and final payments, including preparation of any final change order to account of the difference between bid quantities and final quantities as needed. o Final cost report o Warranty certificate o Prepare and submit project files (as-built, reports, and etc.)  All workers employed on this project must be paid the prevailing wage determined by the Director of the Department of Industrial Relations. Additional Services  Perform pre-construction documentation of exiting site conditions and/or verify that the contractor has done so (as called for in specifications)  Coordinate, track, approve or reject, and process submittals and shop drawings  Issue field memos and CCO’s; Assign and track change orders  Review change order requests and provide recommendation to the City  Log and track contractor RFIs  Conduct construction progress meetings and document meetings through minutes  Attend meeting(s) with City to discuss/review construction management issues  Coordinate special inspections, material testing and special testing  Prepare separate quantity sheets for each bid item  Closeout activities, including notice of completion, punch list, and final payments, including preparation of any final change order to account of the difference between bid quantities and final quantities as needed.  Administer Contract Time  Utilize weekly statement of working days  Address time in CCO’s as project progresses  Checking to make sure slopes are in compliance with ADA requirements (e.g., ADA access ramps, sidewalk cross-slopes, etc.), as well as other ADA compliance issues  Have an organized file/record keeping system using the City provided 7.C.b Packet Pg. 203 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital 7.C.b Packet Pg. 204 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital Section 2: Detail Narrative for Scope of Services 7.C.b Packet Pg. 205 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital 7.C.b Packet Pg. 206 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital 7.C.b Packet Pg. 207 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital 7.C.b Packet Pg. 208 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital 7.C.b Packet Pg. 209 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital 7.C.b Packet Pg. 210 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital 7.C.b Packet Pg. 211 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital III. Additional Services The need for additional type services may be required during the term of the contract. The interested consultant shall submit a fee schedule for key staff and equipment which may be directly involved in the works outside of the scope of services above. This fee schedule shall be on an hourly basis. Consultant shall not be entitled to compensation for any Extra Work unless the City authorizes, in writing, the performance of such Extra Work prior to the performance of the work. The City shall not authorize payment for work completed until all works has been completed and the deliverable has been submitted. The City may direct by written Change Order or Field Directive that the work be done on a force account basis. The term “force account” shall be understood to mean that payment for the work will be done on a time and expense basis, that is, on an accounting of the consultant’s forces, materials, equipment and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the following: a) Direct labor cost for workers, who are directly assigned to the force account work: Direct labor cost is the actual payroll cost, including wages, fringe benefits as established by negotiated labor agreements or state prevailing wages, workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered, unless approved in writing by the City. b) Material delivered and used on the designated work, including sales tax, if paid for by the consultant or its sub-consultant. c) Equipment rental, including necessary transportation for items having a value in excess of One Thousand Dollars ($1,000.00). To the preceding costs, there shall be added the following fees for the Contractor, subcontractor, or sub-subcontractor actually performing the work:  A fixed fee not to exceed fifteen (15) percent of the costs of Items a, b, and c above.  For work performed by an approved sub-consultant, the consultant may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of ten (10) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. The Consultant shall maintain its records in such a manner as to provide a clear distinction between the direct costs of work paid for on a force account basis and the costs of other operations. To receive partial payments and final payment for force account work, the Contractor shall submit, in a manner approved by the City, detailed and complete documented verification of the consultant's and any of its pertinent Change Order or Field Order. Such costs shall be submitted within thirty (30) days after said work has been performed. No payments will be made for work billed and submitted to the City after the thirty (30) day period has expired. Section 3: Additional Services 7.C.b Packet Pg. 212 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “C” MILESTONE SCHEDULE - Notice to Proceed - Project Kick-off Meeting - Preconstruction Phase - Construction Document Review and Comments - Construction Bid Advertisement - Bid Opening and Review - Construction Notice of Award and Contract Execution - Construction Phase - Preconstruction Meeting - Monthly Progress Report - Post Construction Phase - Substantial Completion - Punch lists - Document Closeout - Fiscal Closeout 7.C.b Packet Pg. 213 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital 7.C.b Packet Pg. 214 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital 4835-2267-0361v1 LAC\04706083 EXHIBIT “D” PAYMENT SCHEDULE Section 1: Contract Works 7.C.b Packet Pg. 215 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital 7.C.b Packet Pg. 216 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital 7.C.b Packet Pg. 217 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital fees as described in Appendix B Section 3: Additional Services L. All cost shown above include travel time to the project site and all other subsistence. No cost shall be borne by the City without prior notification or approval in written format. Section 2: Additional Works 7.C.b Packet Pg. 218 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital 7.C.b Packet Pg. 219 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital 7.C.b Packet Pg. 220 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital 7.C.b Packet Pg. 221 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital 7.C.b Packet Pg. 222 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital 7.C.b Packet Pg. 223 Attachment: RFP 19-RFP-PW-422 4Leaf Inc Contract (1965 : Award of contract for Construction Management (CM) Services for Capital VICINITY MAP 2 19 GRIND AND OVERLAY 19 Bid Alternate 2 Bid Alternate 1 2-28-2019 7.C.c Packet Pg. 224 Attachment: FY19 Pavement Phase II Map (1965 : Award of contract for Construction Management (CM) Services for Capital Pavement Phase II Project) HWY 101NOT TO SCALECITY OF GILROYPAVEMENT PREPARATION & SLURRY SEAL PROJECTW.O. 1623Exp.6-30-17No. 18324CIVIL Telephone (805) 966-2224CIVIL ENGINEERS201 N. Calle Cesar Chavez, Suite 100 Santa Barbara, CA 93103FLOWERS & ASSOCIATES, INC.- STREETS DESIGNATED FOR MICRO-SURFACE- STREETS DESIGNATED FOR CAPE SEAL- STREETS DESIGNATED FOR ASPHALT OVERLAYMURRAY AVENUEWELBURN AVENUEPRINCEVALLE STMILLER AVENUETHIRD STREETWELBURN AVENUECompleted FY 17-18 Pavement Project7.C.dPacket Pg. 225Attachment: FY17-18 Completed Pavement Rehabilitation Project (1965 : Award of contract for Construction Management (CM) Services for Capital Pavement Phase II Project) City of Gilroy STAFF REPORT Agenda Item Title: Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Ordering the Fire Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code Meeting Date: April 1, 2019 From: Gabriel Gonzalez, City Administrator Department: Community Development Department Submitted By: Kristi Abrams Prepared By: Kristi Abrams Miguel Trujillo Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development  Customer Service ☐ Enhanced Public Safety RECOMMENDATION Adopt a Resolution of the City Council of the City of Gilroy ordering the Fire Chief to abate the nuisance arising out of weeds growing and refuse accumulating upon property in the City of Gilroy, pursuant to Section 12.51 of the Gilroy City Code. BACKGROUND On January 28, 2019, the City Council adopted Weed Abatement Resolution 2019-02 declaring weeds and refuse as a Public Nuisance. This annual process complies with both the City Code and State Health and Safety Code , which require that, prior to authorizing the abatement of a lot, the City hold a public hea ring of the subject properties. The City of Gilroy, via the annual resolution, identifies those properties and owners with a history of non-abatement, and this list serves as the commencement list for the County’s inspection and abatement program. The abatement program continues 8.A Packet Pg. 226 to be implemented under an agreement with the Santa Clara County Agricultural Commissioner’s Office Vegetation Management Program. PROGRAM DESCRIPTION All subject property owners identified on commencement list are sent the public hearing notice, as well as the abatement instructions and the fee costs. The abatement notice is sent to property owners after City Council adoption of the Weed Declaration Resolution. As part of the notification, property owners are apprised of the Abatement Deadline Date, which each year is May 15, 2019. A second notice will go out 30 days prior to the May 15th deadline. If the property owner fails to complete abatement of their lot by May 15, 2018, the owner will be assessed fees for the failed inspection , in addition to the initial inspection fee, and will receive a notice requiring that the abatement be completed within two weeks. Lots in the Wildland Urban Interface Hazardous Fire Areas, primarily hillside, pose a more immediate concern with potential wildfires. Therefore, these owners will not receive the additional 2 week grace period. If these lots are not abated by the May 15th deadline, the County will complete a work order to have the lot abated by their contractor. The County will then assess an abatement administrative fee, in addition to the cost of the abatement. The abatement administrative fee and cost of abatement will be in addition to the inspection fee and the failed inspection fee. At the conclusion of the abatement period, a public hearing (tax lien hearing) will be held on August 5, 2019 to add the fees as a tax assessment for the following year’s property taxes. Prior to the City Council tax lien assessment hearing, property owners with an assessment will be notified of the pending action. They can request an administrative meeting/review with the County’s Program Manager and the City’s Fire Marshal, should they disagree with the assessment. The administrative meeting/review can be held in person, by phone, or email. The purpose is to eliminate assessments that were incorrectly made through an error or incorrectly applied to the wrong property owner. A listing of the properties and owners that have been noticed is attached and on file with the City Clerk. It is also posted at the City’s Fire Stations. Lots whose weeds and/or rubbish are abated by the May 15th deadline and are maintained in an abated condition through the fire season will only be assessed the $80 inspection fee. ANNUAL PROCESS AND NEXT STEPS 8.A Packet Pg. 227 Following adoption of the Weed Declaration Resolution by City Council, this year’s weed abatement notice went out to property owners the week of March 4, 2019. This year’s commencement listing consists of 174 properties, identified by assessor parcel number (APN). As part of the inspection process, which will occur shortly after May 15, the County will maintain current photos and documentation of their inspections. Property owners who missed the deadline will receive subsequent notices and associated fees. Lots that need immediate abatement (e.g. those in located in Wildland Urban Interface Hazardous Fire Areas) will be abated by the County. A comprehensive report of abated lots and associated fees will be presented to City Council at the tax lien assessment hearing on August 6, 2018. The agreement with the County requires if a property had a failed inspection within the past three years it shall remain on the commencement list. A property with no violations during a three consecutive period will be removed from the commencement list. However, the County does provide for some lots to be removed from the commencement list if the property has been completely redeveloped and there is no unmanaged weed hazard. The commencement list fluctuates from year to year. The commencement list changed from 166 lots for 2018 to 174 lots for 2019 due to additional properties deemed to be non -complaint with minimum fire safety standards. Any owner that objects to their property being on the commencement list can object as part of this public hearing. Such lots can be removed from the commencement list if there is adequate reason (i.e. the lot has been redeveloped and there is no weed risk). Any objections will be addressed for conformance to the agreement and an adjustment made. Otherwise the commencement list should be approved by the Council so the program can proceed. Owners with concerns that cannot meet the deadline due to site conditions can contact the County and/or City Fire Marshal’s office. The County also provides an online application (or “app”) for the public to notify them of weed complaints. Lots that are reported or identified out of compliance with weed and refuse requirements that are not on the commencement list will also be sent a notice to comply. Administrative Citations can be issued by the Fire Marshal’s office, and lots can be added to the abatement program for the following year. If an unlisted lot has unmitigated weeds and refuse, that lot can be scheduled for a separate public hearing to allow the County to abate the lot this year and assess fees for cost recovery. FISCAL IMPACT/FUNDING SOURCE As long as the County recovers its expenses for the program using the fees assessed, the County bears the entire cost of the program. If there is a shortfall in cost recovery, the City would be requested to provide its proportionate share of the shortfall. 8.A Packet Pg. 228 ALTERNATIVES 1. The Council can approve the resolution to establish the commencement list. The program has worked very well since 2013 with the County of Santa Clara managing the weed and refuse abatement. There have been good results in the abatement program with minimal cost to the City. THIS ACTION IS RECOMMENDED. 2. The Council could choose not to approve the resolution to es tablish the commencement list. The burden of both managing this program and abating the properties would revert back to the City of Gilroy, requiring additional resources to be needed and no funding available. THIS ACTION IS NOT RECOMMENDED. PUBLIC OUTREACH During the week of March 4, 2019, the County of Santa Clara mailed abatement notices and instructions to property owners identified on commencement list. Attachments: 1. Reso 2018 Commencement Weeds 2. Gilroy Commencement 2018 3. Reso 2019 Commencement Weeds 4. 2019 Gilroy Commencment report 8.A Packet Pg. 229 -1- RESOLUTION NO. 2018-XX RESOLUTION NO. 2018-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE FIRE CHIEF TO ABATE THE NUISANCE ARISING OUT OF WEEDS GROWING AND REFUSE ACCUMULATING UPON PROPERTY IN THE CITY OF GILROY, PURSUANT TO SECTION 12.51 OF THE GILROY CITY CODE WHEREAS, pursuant to Article III of Chapter 12 of the Gilroy City Code, on February 5, 2018, the City Council adopted Resolution No. 2018-02 declaring that weeds growing and refuse accumulating in the City of Gilroy constitute public nuisances; and WHEREAS, the Chief of the Fire Department of the City of Gilroy has caused notice of the adoption of Resolution No. 2018-02 and notice of a public hearing on the proposed order to abate said nuisances to be given to all of the affected property owners at their stated mailing addresses on the latest tax assessor’s role, and has also caused notice to be given by posting and publication in the manner and form provided in Sections 12.48, 12.49 and 12.53 of the Gilroy City Code; and WHEREAS, said public hearing was duly held on April 16, 2018, pursuant to said resolution in the time and manner required by law, and any objections raised to the proposed destruction or removal of said weeds and refuse were duly considered by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: 1. That the Chief of the Fire Department is hereby ordered to abate the nuisances on the properties described in Attachment “A” hereto, or cause the same to be abated, by having refuse removed and weeds destroyed and/or removed by cutting, discing, chemical spraying or any other method as may be determined by the Chief of the Fire Department or his authorized Contractor. Such abatement shall be performed before May 15, 2018. 8.A.a Packet Pg. 230 Attachment: Reso 2018 Commencement Weeds (1937 : Weeds and refuse abatement) -2- RESOLUTION NO. 2018-XX 2. That any property owner shall have the right to destroy and/or remove weeds growing and refuse accumulating on his property or have the same destroyed or removed at his expense prior to the arrival of the Chief of the Fire Department or his authorized representatives or contractors to remove them. Any property found with weeds after May 15, 2018 shall be subject to the costs of further inspection and /or abatement by the City or the County and its authorized contractor. Sites found after such date that constitute a fire hazard shall also be subject to administrative citation. 3. That the Chief of the Fire Department or his authorized contractors shall keep an account of the costs of destroying and/or removing said weeds and refuse and embody such account in a report and assessment list to be presented to the City Council and filed with the City Clerk. Such report shall refer to and sufficiently describe each separate lot or parcel of land and, for each, shall state the costs of destroying or removing weeds, removing refuse, or both, and the costs which are proposed to be assessed against the lot or parcel. PASSED AND ADOPTED this16th day of April 2018, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: _______________________________ Roland Velasco, Mayor ATTEST: _______________________________ Shawna Freels, City Clerk 8.A.a Packet Pg. 231 Attachment: Reso 2018 Commencement Weeds (1937 : Weeds and refuse abatement) 2018 WEED ABATEMENT PROGRAMGOMMENCEMENT REPORTCITY OF GILROY2005083408350834198358790202002295216523r023350817287558745195092462311HECKERPASSHECKER PASSNO SITUSWINTERWINTERWINTERMONTEREYNO SITUSJANROCKROSEHOLLYHOCKCORALBELLPERIWINKLEWILDROSEWILDROSENO SITUSSTINFLOWERFOXGLOVEWILD IRISWILD IzuSLAVENDERDOVEHOYAHY 783-03-002HY 783-03-003783-03-070cr 783-03-073cr 783-03-074cr 783-03-081RD 783-19-010783-21-465DR 783-36-035cr 78345-026LN 783-45-044cr 783-46-A2BDR 783-46-030cr 783-46-035cr 783-46-037783-46-079cL 783-47-003cr 783-52-019DR 783,52-03'1DR 783-52-032wY 783-52-035cr 783-57-004LN 783-64-021575 SOUTHSIDE DR575 SOUTHSIDE DR575 SOUTHSIDE DR2O2O ROCKROSE CT830 SYDNEY CT101 FIRST ST10756 GREEN VALLEY DR0 Po Box 2178790 JAN DR2O2O ROCKROSE CT10440 DEANZABL2295 CORAL BELL CT2165 PEzuWINKLE DR431 CASSELINO DR2335 WILDROSE CTI88I CAMPBELLAV24I68 BIG BASIN WY4125 HECKER PASS RD8755 WILD IRIS DR783 MANTELLI DR970 WOOD DUCKAV9246 DOVE CT85 HAYESAVGILROYGILROYGILROYGILROYGILROYLOSALTOSGILROYGILROYGILROYGILROYCUPERTTNOGILROYGILROYSAN JOSEGILROYSAN JOSESARATOGAGILROYGILROYGILROYSANTACLARAGILROYSAN JOSESLTNSET HILLS DEVELOPMENT LLCSLINSET HILLS DEVELOPMENT LLCSLTNSET HILLS DEVELOPMENT LLCMARQUES,ALBERTEDWARDS, LORETTACLAYTON JOHNSON ENTERPRISESMARTIN LIMITED PARTHEE, NICOLE KCOX, LORIMARQUES, LARRY TRUSTEEENTERPRISE REI 8 LLCKHAN, SHAHIDNVILLA, JOSESHAN, JU AND CAI, XUANSONGKHUONG, SOVAWATSON, MARCUS A AND CAMERONENTERPRISE REI 8 LLCSAULAN, KIMCHAU THI TRUSTEEZARGARIAN HELGAARVIZU, JOSE CARMENVERMA,ASHISH TRUSTEE & ETALAYALA, DANIEL JAND ELIZABETH LREYES, OSCARJAND SHIRLEYANN GCACACACACACACACACACACACACACACACACACACACACACACA9s020950209s02095020-793195020-000094022950209502195020-74419s020-7931950149s020-19039s020-792995 136-000095020-000095125-5611950709502095020-00009s020-7515950519s020-000095123-214t23 records of 166Santa Clara County Weed Abatement ProgramPage I8.A.bPacket Pg. 232Attachment: Gilroy Commencement 2018 (1937 : Weeds and refuse abatement) 2018 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTGITY OF GILROY2354912191019100896121102140I 87118701 8601830182018109175914591109045905090359030902590028962BANYANGTINNERAGLINNERAGLINNERAAZARAHOLLYHOCKHOLLYHOCKCAROBCAROBCAROBCAROBCAROBCAROBTEATREETEATREETEATREETEATREETEATREETEATREETEATREEMIMOSAMIMOSATEATREEsr 783-65-022LN 783-65-024LN 783-65-025LN 783-65-026sr 783-66-017cr 783-70-012LN 783-70-015cr 783-72-010cr 783-72-412cr 783-72-013cr 783-72-416cr 783-72-A17cr 783-72-018wY 783-72-019wY 783-72-024wY 783-72-022wY 783-72-A23wY 783-72-424wY 783-72-425wY 783-72-026cr 783-72-027cr 783-72-429wY 783-72-030KARBALEINEMATMOEINI,VU, FRANK H TRUSTEEJIANG, XUEPING AND ZHANG,OCHOA, JOSE LUIS TRUSTEESANCHEZ, LUIS VAND ROUHIZADEH,VANNI, MICHAELAAND JULIENNE LLEMIEUX, NORMAN TANDPAPPAS, DEAN AND HEATHEROPINSKI, EUGENE I2OI4AB PROPERTY LLCARAKELIAN,ELIZAZHANG, SHELING AND ZHAN, YINGOP DEVELOPMENT INCMILTON, GREGORYEMATOS, ROGERIO DAND ROBYN LDONOVAN, DARRYL AND MENACHAKAMIAN, SHARAREH H ANDAB PROPERTY LLCLE, LIEM QUANGDO,NGOCBICHTHI ETALKOLLAREDDX USHARANI ETALSOSA, VICTORJ TRUSTEE & ETALTHIEN, TRACY2121 CRUDEN BAYWYI45O FRY RD6761 CROSBYCT9IOO GLINNERALN8961 AZARA ST2IlOHOLLYHOCK CT4793 CORRALES DR7377 THAYER CT14335 SPYGLASS CL2326 FLINT AV760 CAMPBELLAVI89 BANGORAVI45 zuGGS AVII5 LOSALTOS DR29 PORTERLN9110 TEATREE WYI94O PEAR DR2326 FLTNT AV3IOO MELCHESTERDR979 STORYP.D#70247948 MCCLELLAN RD9OO2 MIMOSA CT38 PARK FLETCHER PLGILROYHOUSTONSAN JOSEGILROYGILROYGILROYSAN JOSEGILROYCHOV/CHILLASAN JOSECAMPBELLSAN JOSEMERCEDHOLLISTERSAN JOSEGILROYMORGAN HILLSAN JOSESAN JOSESAN JOSECUPERTINOGILROYSAN JOSECATXCACACACACACACACACACACACACACACACACACACACACA95020-0000770849s129-281895020-000095020-000095020-000095136-26139s020-s4369361095 1489s008-233395123-3602953409s02395127-2s4795020-000095037-00009s 14895132-17449s122950149502095136-240346 records of 166Santa Clara County Weed Abatement ProgramPage 28.A.bPacket Pg. 233Attachment: Gilroy Commencement 2018 (1937 : Weeds and refuse abatement) 2018 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF G¡LROY898 I8971895 I89s00898322042203222322242243224492109230925092r12273228322912281228222812262V/YWYWYCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTCTTEATREETEATREETEATREEMIMOSAMIMOSAMIMOSABANYANBANYANBANYANBANYANBANYANBANYANMAHOGANYMAHOGANYMAHOGANYMAHOGANYBANYANBANYANBANYANBANYANGLTNNERAGL]NNERACOLUMBINE783-72-431783-72-033783-72-034783-72-435783-72-036783-72-437783-72-439783-72-A4A783-72-441783-72-442783-72-043783-72-444783-72-445783-72-446783-72-047783-72-449783-72-051783-72-052783-72-453783-72-054783-72-055783-72-056783-72-057SAN JOSEGILROYGILROYSAN JOSESAN JOSESAN JOSEMORGAN HILLSTINNYVALESAN JOSECAMPBELLSALINASCAMPBELLSAN JOSEGILROYFREMONTSAN JOSESAN JOSEFREMONTGILROYSAN JOSESANTACLARAGILROYGILROY95 I 1 6-000095020-000095020-305495lll9s136-206795132-174495037-00009408995132-174495008939069500895121-25559s020-00009453995135-160495132-174494s3995020-000095 120-000095050-47499502095020-0000NRIASSOCIATES LLCLIU, HONGXUANBALAGANI, VENKATA AND SLTNITHAVU HUY Q TRUSTEE & ET ALSR BUILDING BLOCKS LLCLE, LIEM QUANGCHAKAMIAN, SANJAR ANDROBLES, RONALD EAND MARIARTRAN, LOANNAKANO, NANCYN ETALWANG, LEO AND DIAN HKATTAN, SHALOMNGUYEN, PHU AND DOAN, LILYQUILICI, TODD ANDYVONNEPADMANABHAN, SLINDAR ANDNGUYEN, JAMES TRILE, LIEM QUANGVELUVOLU, VEERANDHAR ANDFANG, HU CHENGGEISSERT, WARREN AND GARCIA,DASILVA, PAULAJAND JOHN BWATTS, GARY RAND YLTNG-NINGHOLDER, JOHN CAND KzuSTI E2250 CEDARSIDE CT2165 HOLLYHOCK CTI94O KILLARNEY CT423VTAPRIMAVERA3915 JERABEK CT3IOO MELCHESTER DR1940 PEAR DR1225 VIENNADR#25I3IOO MELCHESTER DR1610 DELLAV1784 LENNOX V/Y1622CAMPBELLAV3339 VANGORN WY9230 MAHOGANY CT47836 MASTERS CT5674 SAN FELIPE RD31OO MELCHESTER DR3I8 BEADGRASS TR2I65HOLLYHOCK CT856 HILLPOINT CT1344 JEFFERSON ST228I GTINNERACT23OO CLUB DRCACACACACACACACACACACACACACACACACACACACACACACA69 records of 166Santa Clara County \ileed Abatement ProgramPage 38.A.bPacket Pg. 234Attachment: Gilroy Commencement 2018 (1937 : Weeds and refuse abatement) 2018 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROY2241220221621611I 5911681904591309160766850530169143102652552953053151 35530517llCOLUMBINECOLUMBINECOLUMBINELONGMEADOLONGMEADOLONGMEADOKERNRONANKERNLAALONDRACHURCHWELBURNWELBURNELCERzuTOCHURCHGURzuESGURzuESGURzuESGURzuESGURzuESlSTCOHANSEYMONTEREYcr 783-72-064cr 783-72-061cr 783-72-063cT 783-75-010cr 783-75-011cr 783-75-081AV 790-04-080AVE79A-17-002AVE790-17-003wY 790-24-006sr 790-28-404AV 790-28-005AV 790-30-001wY 790-34-018sr 790-35-008DR 790-35-040DR 790-35-041DR 790-35-042DR 790-35-043DR 790-35-044sr 790-39-030AV 79û-65-092RD 799-03-0550 Po Box 3309OI CALLE SERRA1243BLUE PARROT CT1611 LONGMEADOW CT1591 LONGMEADOW CT168I LONGMEADOV/ CT475 WILLOW SPRING RD1450 ELCAMINO REAL1450 EL CAMINO REAL5691 MAKATI CL8505 CHURCH ST301 V/ELBURNAV69I WELBURNAV43IELCERRITO WY1I FIRST ST18OO TAPO CANYON RDISOO TAPO CANYON RD18OO TAPO CANYON RDISOO TAPO CANYON RDISOO TAPO CANYON RD8635 EL MATADOR DR335I M STREET #1OO0SAN JUAN BAUTISTASAN DIMASGILROYGILROYGILROYGILROYMORGAN HILLMENLO PARKMENLO PARKSAN JOSEGILROYGILROYGILROYGILROYGILROYSIMIVALLEYSIMIVALLEYSIMI VALLEYSIMIVALLEYSIMI VALLEYGILROYMERCEDSAN JOSEKENNEDY JOHN D ETALKRUPA, STANISLAW TRUSTEE & ETWENDI ROBERT G ET ALWRYE, TIMOTHY M AND SALLY JBREWER, THOMAS EAND PATzuCIAADHALIWAL, JASDEEP S ETALWALTON, LEE A TRUSTEE & ET AL9130 KERNAVE LLC C/O GARLOCK &9I3O KERNAVE LLCDOLLAHON, CONSTANCE M TRUSTEEDE BELL, KENNETH E ETALANDERSON, KEITH RROBESON, HERMAN LAND CLARASHERNANDEZ, JOSE EAND MELBAAROMAN CAIHOLIC BISHOP OF SANDEUTSCHE BANK NATIONAL TRUSTDEUTSCHE BANK NATIONAL TRUSTDEUTSCHE BANK NATIONAL TRUSTDEUTSCHE BANK NATIONAL TRUSTDEUTSCHE BANK NATIONAL TRUSTFORTINO, TERI AND YOUMANS,CENTRAL VALLEY COALITION77II MONTEREYRDLLCCACACACACACACACACACACACACACACACACACACACACACACA950459177395020-000095020-000095020-00009s020-00009503794025940259s r23-000095020-426295020-443495020-43299s0209s02093063930639306393063930639s020-94189s34895 13892 records of 166Santa Clara County Weed Abatement ProgramPage 48.A.bPacket Pg. 235Attachment: Gilroy Commencement 2018 (1937 : Weeds and refuse abatement) 2018 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYCITY/STATE76017273723372417 5607890149007581769878006151z',t400860s03709070APNMONTEREY RD 799.04-OOBEIGLEBERRY ST 799-09-028EIGLEBERRY ST 799-09-029EIGLEBERRY ST 799.09-034EIGLEBERRY ST 799.10-042CARMEL ST 799-16-008MTLLER AV 799-24-0240 799-24-425NO SrrUS 799-44-114SANTATERESA BL BOB-01.022lsr sr 808-01-023PONDEROSA DR B08-01-024MILLER AV 808.15-047BENASSI DR 808-26.052PONDEROSA DR 808-37-OOBTHOMAS RD 808-39-066HECKER PASS RD 810-20-006NO SrrUS 810-20-021MESA RD 810-30-032MURRAY AVE835-01-OO3LASANIMAS AV 835-02-016TOMKINS CT 835-02.023ELECTA CT 835-02.065BIOUX LLCAPOR PETE E & ROSARIO J TRUSTEEAPO& PETE EAND ROSARIO JGUTIERREZ, MARIO CAND JENNAMBAINS JAGJIT SINGHCAMPANELLA, MARYEANDTHOMA MELINDA W & PAUL F IIITHOMA, MELINDA W AND PAUL FELITE DEVELOPMENTS INCEAGLE GARDEN LLCEAGLE GARDEN LLCPIP(OZZOLL MONICA TRUSTEE & ETSPENCER, JOHN MAND PATzuCIAAMORzuSSEY, CHARLES PHARLAN, NOEL HCORP PRESI BISH CHURCH CHRISTHECKER PASS COMMERCIAL LLCHPAG LAND LLCWESTBROOK, BARBARA TRUSTEEMONTANOALATLANTIC CONCRETE INCMARTIN, INEZ M TRUSTEEMACKIN, DAVID ETAL5387 SILVER TRAIL CT14639 BADGER PASS RD14639 BADGER PASS RDT233ETGLEBERRY ST3435 HARBOR CT7241 CARMELST858I AMANDAWAY858l AMANDAWY144 WESTLAKEAV21701 STEVENS CRK BLV2I7OI STEVENS CRK BLV366 FIFTH ST1IO5 HACIENDADR7698 BENASSI DR0 P.o. Box 56750 E NORTH TEMPLE1999 BASCOMAV23 CORPORATE PL1065 CASTRO VALLEY RD1519I KARLAVE0PoBox1772I4OIO COLUMBET AV0 Po Box 320424SAN JOSEMORGAN HILLMORGAN HILLGILROYSAN JOSEGILROYGILROYGILROYV/ATSONVILLECUPERTINOCUPERTINOGILROYGILROYGILROYAPTOSSALT LAKE CITYCAMPBELLNEWPORIBEACHGILROYMONTE SERENOGILROYSAN MARTINLOS GATOS95 13895037-s90495037-59049s020-61r695127-431195020-613295020950209s07695014950t49502095020-53 l095020-47789500184150-3620950089262s9s020-9s959s030-22299s021-177295046-971095032cacaCACAcaCAcaCACACACACACACACAUTCACACAcaCACACA115 records of 166Santa Clara County Weed Abatement ProgramPage 58.A.bPacket Pg. 236Attachment: Gilroy Commencement 2018 (1937 : Weeds and refuse abatement) 2018 WEED ABATEMENT PROGR,AMCOMMENCEMENT REPORTCITY OF GILROY40290806009096909001358841883 I8111RR8155784076501640762039s34131176107660CTAVAVAVAVAVDRDRLNSTLNSTSTSTSTSTSTSTSTSTSTSTMADISONSAN YSIDROLASANIMASSAN YSIDROSAN YSIDROLASANIMASLASANIMASMURAOKAMURAOKASWANSTONMONTEREYSWANSTONWHEELERMONTEREYFORESTFORESTFORESTLEWISLEWISLEWISFORESTFORESTLEWIS835-03-059835-04-078835-04-082835-04-085835-04-086835-05-005835-05-007835-31-015835-31-016841-42-032841-02-446841-A2-454841 -02-055841-02-058841-03-056841-03-057841-03-059841-03-062841-03-063841-03-070841*03-071841-A3-113841 -04-029GILROYDANVILLESAN MARTINSAN MARTINSAN MARTINSAN JOSESAN JOSEMORGAN HILLMORGAN HILLMENLO PARKROSEVILLESAN JOSEGILROYLOSANGELESGILROYSAN JOSEGILROYGILROYSAN JOSEGILROYGILROYGILROYLOSANGELES95020-364094526950469s0469s04695127-220595128-1343950379s038940269s7419s126-170695020-00009002495020-000095 13095020-520295020-902795116-101195020-s22095020-520295020-000090025ZEPEDA,ALFREDO ANDGILROY SELF STORAGE PARTNERSGREEN, GEORGE EAND LYNDAMGREEN, GEORGE EAND LYNDAMGREEN, GEORGE EAND LYNDAMDO, HUONG MINH AND TRAN HUEGLANDER, CARMELLA R TRUSTEERAUSCHNOI MICHAEL TRUSTEE &C AND R DEVELOPMENTLLCDEL RIO, IGNACIO AND TRINIDADUNION PACIFIC CORPORATIONCHARRON, STEVEN A TRUSTEEDRL PROPERTIES LLCUNION BAY INV COARTIGA, JOSUE OTANG, ZHIHUI AND LIU, XIADARIAS-BARBA, TERESA ANDNGUYEN, HLING QAND LE, HONG TAADI CORPORATIONCHARLES, JOE RAND CARMENAOLIVERI SALVAIOREAJASO, MARTT{AM ETALGILROY LEV/IS STREET L P402 MADISON CTP.O.BOX 69913575 MAMMINI CT13575 MAMMINI CT13575 MAMMINI CT296 DELIA ST707 MONROE ST0 P.o. Box 6680 P.o. Box 6680 P.o.Box 230110031 FOOTHILLS BLVD1225 EMORY ST2545 MUIRFIELD WAY10476 LINDBROOK DR1420 BzuARBERRY LN4785 PARK WEST DR7620 FOREST STI1485 NEWAV13I5 ruLIAN ST3II LEWIS ST7610 FOREST ST7370 CHESTNUT ST1640 SEPULVEDABLCACACACACACACACACACACACACACACACACACACACACACACA138 records of 166Santa Clara County Weed Abatement ProgramPage 68.A.bPacket Pg. 237Attachment: Gilroy Commencement 2018 (1937 : Weeds and refuse abatement) 2018 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROY0749274720700710158706605690065038506970588505980597559200 841-06-462CHESTNUT ST 841.07-027CHESTNUT ST 841-07-443sourH 841-10-039RENZ LN 841-10-047ALEXANDER ST 841-13-021NO SITUS 841.13-022MONTEREY HY 841-14-011NO SrrUS 841-14-472MONTEREY RD 841-14-OBOCHESTNUT ST 841-16-117CAMERON BL 841.17.100CAMERON BL 841.17.147NO SrrUS 841-17-119NO SITUS 841-17-121NO SrrUS 841-53-066HOLLOWAY RD 84',1-70-026CAMTNO 841-7A-A49ROSSr LN 84',1,72-001LUCHESSA AV 841.73-005TRAVELPARK CIR 841-75-01'1TRAVEL PARK CL 841-75-412TRAVELPARK CL 841-75.013LTNION PACIFIC CORPORATIONSANCHEZ, ELOY G AND ANGELICA MFERNANDEZ, FABIAN ETALPACIFIC GASAND ELECTRIC CONIJJAR, KARAMJIT SINGH ANDLTNION PACIFIC CORPORATIONLTNION PACIFIC CORPORATIONGILROY MONTEREY LPLINION PACIFIC CORPORATIONGARLIC FARM TRUCK CENTERLLCCHRISTOPHER, DONALD C TRUSTEEMCCARTHY GILROY LLCMCCARTHY GILROY LLCLINITED NATURAL FOODS WEST INCTINITED NATURAL FOODS WEST INCMORENO, JOSE ETALLOUGHRAN, ALEXANDEROLIVE CAMINOARROYOLLCFORTLINADELTIEMPO LLCLONESTAR CALIFORNIAINCHOANG VTNCEAN TzuBLUE DIAMOND HOSPITALITY LLCALI,ASHRAF HAND YASMIN10031 FOOTHILLS BLVD7492 CHESTNUT ST7472 CHESTNUT STlll ALMADEN BLVD7755 GILROYAVIOO3I FOOTHILLS BLVDIOO31 FOOTHILLS BLVD525I ERICSON WYlOO3I FOOTHILLS BLVD5OOO 2ND ST305 BLOOMFIELDAV22ILOS GATOS-SARATOGA22I LOS GATOS.SARATOGAIOO OLIVER STIOO OLIVER ST75 LOSALTOS DR237 LAUMERAV4615 MAC ARIHUR CT199I0 SLINSET DRI5OI BELVEDERE RD5240 MONTEVERDE LN0 Po Box 120055OOO 2ND STROSEVILLEGILROYGILROYSAN JOSEFRESNOROSEVILLEROSEVILLEARCATAROSEVILLEBENECIAGILROYLOS GATOSLOS GATOSBOSTONBOSTONHOLLISTERSAN JOSENEWPORTBEACHLOS GATOSWEST PALM BEACHLINCOLNFRESNOBENICIACACACACACACACACACACACACACAMAMACACACACAFLCACACA9574795020-580695020-58069s I 1s-000593722957479s747955219574794s109502095030-000095030-0000021 l00211095023-5 1 609s127-2433926609s030-2933334069s64893172945 10161 records of 166Santa Clara County Weed Abatement ProgramPage 78.A.bPacket Pg. 238Attachment: Gilroy Commencement 2018 (1937 : Weeds and refuse abatement) Situs2018 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYCITY/STATEs97058470300380TRAVELPARKOBATAMAYOCKOBATAOBATAAPNcL 841-75-014wY 841-76-008RD 841-76-022cr 841-79-006cr 841-79-417ALI, ASHRAF HAND YASMINSALINAS, CARL TRUSTEEHEINZEN, ALAN B TRUSTEE & ETALSEALAKE CORPORATIONSALINAS, CARL L TRUSTEE5OOO 2ND ST0 P.o. Box 15692482HOWELLLN2O3IO ARGONAUT DR380 OBATACTBENICIAGILROYGILROYSARATOGAGILROYCACACACACA945109502t-156995020-91779s070-430495020-0000166 records of 166Santa Clara County Weed Abatement ProgramPage I8.A.bPacket Pg. 239Attachment: Gilroy Commencement 2018 (1937 : Weeds and refuse abatement) -1- RESOLUTION NO. 2019-06 RESOLUTION NO. 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ORDERING THE FIRE CHIEF TO ABATE THE NUISANCE ARISING OUT OF WEEDS GROWING AND REFUSE ACCUMULATING UPON PROPERTY IN THE CITY OF GILROY, PURSUANT TO SECTION 12.51 OF THE GILROY CITY CODE WHEREAS, pursuant to Article III of Chapter 12 of the Gilroy City Code, on January 28, 2019, the City Council adopted Resolution No. 2019-02 declaring that weeds growing and refuse accumulating in the City of Gilroy constitute public nuisances; and WHEREAS, the Chief of the Fire Department of the City of Gilroy has caused notice of the adoption of Resolution No. 2019-02 and notice of a public hearing on the proposed order to abate said nuisances to be given to all of the affected property owners at their stated mailing addresses on the latest tax assessor’s role, and has also caused notice to be given by posting and publication in the manner and form provided in Sections 12.48, 12.49 and 12.53 of the Gilroy City Code; and WHEREAS, said public hearing was duly held on April 1, 2019, pursuant to said resolution in the time and manner required by law, and any objections raised to the proposed destruction or removal of said weeds and refuse were duly considered by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: 1. That the Chief of the Fire Department is hereby ordered to abate the nuisances on the properties described in Attachment “A” hereto, or cause the same to be abated, by having refuse removed and weeds destroyed and/or removed by cutting, discing, chemical spraying or any other method as may be determined by the Chief of the Fire Department or his authorized Contractor. Such abatement shall be performed before May 15, 2019. 8.A.c Packet Pg. 240 Attachment: Reso 2019 Commencement Weeds (1937 : Weeds and refuse abatement) -2- RESOLUTION NO. 2019-06 2. That any property owner shall have the right to destroy and/or remove weeds growing and refuse accumulating on his property or have the same destroyed or removed at his expense prior to the arrival of the Chief of the Fire Department or his authorized representatives or contractors to remove them. Any property found with weeds after May 15, 2018 shall be subject to the costs of further inspection and /or abatement by the City or the County and its authorized contractor. Sites found after such date that constitute a fire hazard shall also be subject to administrative citation. 3. That the Chief of the Fire Department or his authorized contractors shall keep an account of the costs of destroying and/or removing said weeds and refuse and embody such account in a report and assessment list to be presented to the City Council and filed with the City Clerk. Such report shall refer to and sufficiently describe each separate lot or parcel of land and, for each, shall state the costs of destroying or removing weeds, removing refuse, or both, and the costs which are proposed to be assessed against the lot or parcel. PASSED AND ADOPTED this16th day of April 2019, by the following roll call vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY, LEROE- MUÑOZ, TOVAR, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: _______________________________ Roland Velasco, Mayor ATTEST: _______________________________ Shawna Freels, City Clerk 8.A.c Packet Pg. 241 Attachment: Reso 2019 Commencement Weeds (1937 : Weeds and refuse abatement) 2019 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYSitusAPNHY 783-01-033HY 783-02-026HY 783-03-002HY 783-03-003783-03-070cr 783-03-073cr 783-03-074RD 783-19-010783-21-065cT 783-37-015LN 783-45-044DR 783-46-030cT 783-46-037783-46-079cL 783-47-003cr 783-52-019DR 783-52-031wY 783-52-035cr 783-57-004LN 783-64-021LN 783-64-022sT 783-65-422LN 783-65-024CITY/STATE1705t73520050834083s0983590750216523350877287551950924623n233123549t2tHECKER PASSHECKER PASSHECKER PASSHECKER PASSNO SITUSWINTERWINTERMONTEREYNO SITUSGUAYMASHOLLYHOCKPERIWINKLEWILDROSENO SITUSSI-JNFLOWERFOXGLOVEWILD IRISLAVENDERDOVEHOYAHOYABANYANGLJNNERA1705 HECKER PASS HY1735 HECKER PASS HY575 SOUTHSIDE DR STE C575 SOUTHSIDE DR STE C575 SOUTHSIDE DR STE C2O2O ROCKROSE CT830 SYDNEY CT10756 GREEN VALLEY DR0 Po Box 21743OO SPRINGBROOK LNIO44O DEANZABL2165 PERIWINKLE DR2335 WILDROSE CTI881 CAMPBELLAV24168 BIG BASIN WY4125 HECKER PASS RD8755 WILD IRIS DR970 WOOD DUCKAV9246DOVECT85 HAYESAV299I PORTOLAVALLEYDRE2121 CRUDENBAYWYI45O FRY RDGILROYGILROYGILROYGILROYGILROYGILROYGILROYGILROYGILROYGARDENDALECUPERTINOGILROYGILROYSAN JOSESARATOGAGILROYGILROYSANTACLARAGILROYSAN JOSEGILBERTGILROYHOUSTONGOMEZ RAMIRO AND MAzuSELA RLUTHERAN CHURCH OF THE GOODSLTNSET HILLS DEVELOPMENT LLCSLINSET HILLS DEVELOPMENT LLCSLTNSET HILLS DEVELOPMENT LLCMARQUES,ALBERTEDWARDS, LORETTAMARTIN LIMITED PARTHEE, NICOLE KBASS, KIMBERLY A AND CLARENCE AENTERPRISE REI 8 LLCVILLA, JOSEKHUONG, SOVAWATSON, MARCUS A AND CAMERONENTERPRISE REI 8 LLCSAULAN, KIMCHAU THI TRUSTEEZARGARIAN, HELGAVERMA, ASHISH TRUSTEE & ETALAYALA, DANIELJAND ELIZABETH LREYES, OSCARJAND SHIRLEYANN GHARALAMBIDIS, CATHRYNE ET ALKARBALEINEMATMOEINI,VU, FRANK H TRUSTEECACACACACACACACACAALCACACACACACACACACACAAZCATX95020-883695020-8837950209s020950209s020-793195020-0000950209502t35071-41159501495020-79299s020-000095125-56119s0709s02095020-00009505195020-00009s123-2t418529795020-00007708423 records oî 174Santa Clara County Weed Abatement ProgramPage I8.A.dPacket Pg. 242Attachment: 2019 Gilroy Commencment report (1937 : Weeds and refuse abatement) 2019 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF G¡LROYSitusAPNLN 783-65-026cr 783-70-012LN 783-70-015cr 783-72-410cr 783-72-412cr 783-72-013cT 783-72-016cr 783-72-017cr 783-72-418wy 783-72-019wY 783-72-020wY 783-72-A22wY 783-72-423wv 783-72-424wY 783-72-025wY 783-72-426cr 783-72-427cr 783-72-029wY 783-72-030wY 783-72-031wY 783-72-033wY 783-72-034cr 783-72-0359IOO GUNNERALN2I7O HOLLYHOCK CT2I4O HOLLYHOCK LNI87I CAROB CT853 GERONIMO ST1860 CAROB CT760 CAMPBELLAVEAPT IOI89 BANGORAVI45 RIGGSAVI15 LOSALTOS DR931 MATTS CT9IIO TEATREE WY1940 PEAR DR9O5O TEATREE WY9035 TEATREE WYLOT25979 STORYP.D#70247948 MCCLELLAN RDAPT I9OO2 MIMOSACT38 PARK FLETCHER PL2250 CEDARSIDE CT2165 HOLLYHOCK CTI94O KILLARNEYCT15858 RICAVISTAWYCTTY/STATEGILROYGILROYGILROYGILROYGILROYGILROYCAMPBELLSAN JOSEMERCEDHOLLISTERLOSALTOSGILROYMORGAN HILLGILROYGILROYSAN JOSECUPERTINOGILROYSAN JOSESAN JOSEGILROYGILROYSAN JOSE9100217021401 871I 870l 8601 8301820l8l0917591459l l090459050903590309025900289628981897r89518950GUNNERAHOLLYHOCKHOLLYHOCKCAROBCAROBCAROBCAROBCAROBCAROBTEATREETEATREETEATREETEATREETEATREETEATREETEATREEMIMOSAMIMOSATEATREETEATREETEATREETEATREEMIMOSAOCHOA, JOSE LUIS TRUSTEEVANNI, MICHAELAAND JULIENNE LLEMIEUX, NORMAN TANDPAPPAS, DEAN AND HEATHEROMER, SYEDA M AND QURESHI,NANAYAKKARA, CHAMINDA ANDARAKELIAN,ELIZAZHANG, SHELING AND ZHAN, YINGOP DEVELOPMENT INCMILTON, GREGORY EREISINGE& DONALD JAND LAURIE JDONOVAN, DARRYL AND MENACHAKAMIAN, SHARAREH H ANDPAWLICKI, AGNIESZKAMONTENERO, JOHN AND NATALIYADO, NGOC BICH THI ET ALKOLLAREDDY USHARANI ETALSOSA, VICTORJAND DEBORAH LTHIEN, TRACYNRIASSOCIATES LLCLIU, HONGXUANBALAGANI, VENKAIA AND SUNITFIAPHAM,LAN ETALCACACACACACACACACACACACACACACACACACACACACACACA95020-00009s020-00009s020-000095020-779695020-000095020-000095008-233395123-36029s3409502394024-470995020-000095037-000095020-000095020-0000951229501495020-00009s136-24039s I l6-000095020-000095020-305495 127-000046 records oÍ 174Santa Clara County Weed Abatement ProgramPage28.A.dPacket Pg. 243Attachment: 2019 Gilroy Commencment report (1937 : Weeds and refuse abatement) 2019 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYSitusAPNCITY/STATE08983900522042203222322242243224492r0923092s092tt2273228322912282228122622241220221621591MIMOSAMIMOSAMIMOSABANYANBANYANBANYANBANYANBANYANBANYANMAHOGANYMAHOGANYMAHOGANYMAHOGANYBANYANBANYANBANYANGUNNERAGLTNNERACOLUMBINECOLUMBINECOLUMBINECOLUMBINELONGMEADOcr 783-72-036cr 783-72-437cT 783-72-038cr 783-72-A39cr 783-72-040cr 783-72-441cr 783-72-442cr 783-72-043cr 783-72-044cr 783-72-045cr 783-72-046cr 783-72-047cr 783-72-049cr 783-72-051cT 783-72-052cr 783-72-453cr 783-72-055cr 783-72-056cr 783-72-457cr 783-72-060cT 783-72-061cr 783-72-463cr 783-75-0113915 JERABEK CTI9O FENNEL CT222 MARGARITAAV1940 PEAR DR1225 VIENNADR#2512223 BANYAN CT1610 DELLAV SUITE D1784 LENNOX WY1622CAMPBELLAVV/ 1073339 VANGORN WY9230 MAHOGANY CT47836 MASTERS CT3087 OAKBRIDGE DR3IOO MELCHESTERDR8937 HIDDEN CANYON RD19 MANDALAYPL1344 JEFFERSON ST228I GUNNERACT23OO CLUB DR0 Po Box 3309OI CALLE SERRA1243BLUE PARROT CTI59I LONGMEADOW CTSAN JOSEMORGAN HILLPALOALTOMORGAN HILLSLTNNYVALEGILROYCAMPBELLSALINASCAMPBELLSAN JOSEGILROYFREMONTSAN JOSESAN JOSESALINASSOUTH SANSANTACLARAGILROYGILROYSAN ruAN BAUTISTASAN DIMASGILROYGILROYSR BUILDING BLOCKS LLCTRAN, THANH QUANG AND CHAU,SMITH, DARRYL AND SMITH-LEE,CHAKAMIAN, SANJAR ANDROBLES, RONALD EAND MAzuARNGUYEN, TRUONGTHINH THIENNAKANO, NANCYN ETALWANG, LEO AND DIAN HKATTAN, SHALOMNGUYEN, PHU AND DOAN, LILYQUILICI, TODD ANDYVONNEPADMANABHAN, SUNDAR ANDNGUYEN, THUAN TUNGLE, LIEM QUANGLUEDTKE, GREGORY AND YOUNGGIHARzuS, VICKY CHONDASILVA, PAULAJAND JOHN BV/ATTS, GARY RAND YTING-NINGHOLDE& JOHN CAND KRISTI EKENNEDT JOHN D ETALKRUPA, STANISLAW TRUSTEE & ETWENDT, ROBERT G ETALBREWER, THOMAS EAND PATRICIAACACACACACACACACACACACACACACACACACACACACACACACA95136-206795037-000094306-282295037-00009408995020-00009500893906950089512t-255595020-00009453995t2195132-1744939079408095050-474995020-000095020-0000950459177395020-00009s020-000069 records of 174Santa Clara County Weed Abatement ProgramPage 38.A.dPacket Pg. 244Attachment: 2019 Gilroy Commencment report (1937 : Weeds and refuse abatement) 2019 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROY95t7t8877913091608505431431LAND0265255295305315836s135530577tl77507601Sif r¡s7201FARRELLRONANMONTEREYKERNKERNCHURCHWELBURNEL CERRITOCHURCHCHURCHGURzuESGURRIESGURRIESGURRIESGURRIESCHURCHISTCOHANSEYMONTEREYEIGLEBERRYMONTEREYEIGLEBERRYEIGLEBERRYAVAVRDAVAVSTAVWYStSTDRDRDRDRDRSTSTAVRDSTRDSTSTAPN790-47-407790-1 5-009790-1 5-036794-17-042790-1 7-003790-28-004790-30-065790-34-01 8790-35-001790-35-008790-35-040790-35-041790-35-042790-35-043790-35-444790-36-038790-39-030790-65-092799-03-055799-03-069799-04-008799-09-028799-09-038KUANG, WEIWEINGUYEN, THUAN AND LE, HUONGMARGARETICH, BOZO AND VANJA9I3O KERNAVE LLCST FRANCIS INVESTMENT IIIDE BELL, KENNETH E ETALTORRES, MARGARETHERNANDEZ, JOSE EAND MELBAAHowson IndustriesROMAN CATHOLIC BISHOPOF SANDEUTSCHE BANK NATIONAL TRUSTDEUTSCHE BANK NAIIONAL TRUSTDEUTSCHE BANK NATIONAL TRUSTDEUTSCHE BANK NATIONAL TRUSTDEUTSCHE BANK NATIONAL TRUSTMONTANO, AL TRUSTEE & ETALYOUMANS, KRAIG AND FORTINO,CENTRAL VALLEY COALITION771I MONTEREY RD LLCPARAMOLINT DEVELOPMENTBIIOUX LLCAPOR PETE E & ROSARIO J TRUSTEEMAIOS, CARLOSALFREDO B ETAL1952 EISENHOWER DR3295 KLOETZEL LN946 STANLEYAV1450 EL CAMINO RD750 MENLO AV STE 2508505 CHURCH ST STE 143I WELBURNAV43IEL CERzuTO V/Y1648 Mulberry LnII FIRST STI8OO TAPO CANYON RDISOO TAPO CANYON RDISOO TAPO CANYON RDISOO TAPO CANYON RDISOO TAPO CANYON RD15I91 KARLAV8635 EL MATADOR DR335I M STREET #IOO0 305233I DANACT5387 SILVER TRAIL CT14639 BADGER PASS RD8265 WATSONVILLE RDl-fTv/sTATr'SANTACLARASAN JOSELOS ALTOSMENLO PARKMENLO PARKGILROYGILROYGILROYSan JoseGILROYSIMI VALLEYSIMI VALLEYSIMI VALLEYSIMI VALLEYSIMI VALLEYMONTE SERENOGILROYMERCEDSAN JOSECARLSBADSAN JOSEMORGAN HILLGILROY95054-162195 148-000094024-5067940259402s9s02042629502043259s0209s12s49429s020930639306393063930639306395030-222995020-94189534895 1389200895 138-000095037-590495020-9427CACACACACACACACACaCACACACACACACACACACACACACACA92 records oÍ 174Santa Clara County Weed Abatement ProgramPage 48.A.dPacket Pg. 245Attachment: 2019 Gilroy Commencment report (1937 : Weeds and refuse abatement) 2019 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYSif¡¡sEIGLEBERRYMILLERCHURCHIOTHROYALROYALROYALROYALROYALTHOMASNO SITUSSANTATERESAISTWESTBENASSIPONDEROSATHOMASHECKER PASSNO SITUSMESAFERNIEMURRAYAPNsr 799-10-442AV 799-24-024799-24-425sr 799,33-001sr 799-34-036wY 799-44-094wY 799-44-095wY 799-44-096wY 799-44-097wY 799-44-098RD 799-44-10979944-114BL 808-01-022sr 808-01-023AV B08-21-009DR 808-26-052DR 808-37-008RD 808-39-066RD 810-20-006üa-20-021RD 810-30-032cr 810-67-041AV 835-01-003CITY/STATESAN JOSEGILROYGILROYGILROYPALOALTOWATSONVILLEWAISONVILLEWATSONVILLEWATSONVILLEWATSONVILLEWAISONVILLEWATSONVILLECUPERTINOCUPERTINOGILROYGILROYGILROYSALT LAKE CITYCAMPBELLNEWPORT BEACHGILROYGILROYMONTE SERENO95127-43119s0209s02095020-6s089430495076950769s0769s076950769s0769507695014950149s0219s020-417895020477784150-3620950089262s95020-9s9s95020-000095030-222907560067008000000078901490107698780061512740075 l88605BAINS, JAGJIT SINGHTHOMA, MELINDAWAND PAUL FTHOMA, MELINDAWAND PAUL FMONSEF, CYRUSNAJAFI, HAMID AND SHAHRZADELITE DEVELOPMENTS INCELITE DEVELOPMENTS INCELITE DEVELOPMENTS INCELITE DEVELOPMENTS INCELITE DEVELOPMENTS INCELITE DEVELOPMENTS INCELITE DEVELOPMENTS INCEAGLE GARDEN LLCEAGLE GARDEN LLCMCDERMOTI MICHAEL ETALMORzuSSEY, CHARLES PTAIOLA-VEIKOSO, TELEISIACORP PRESI BISH CHURCH CHzuSTHECKER PASS COMMERCIAL LLCHPAG LAND LLCWESTBROOK, BARBARA TRUSTEERADOSEVICH, ERIC J TRUSTEEMONTANO, AL3435 HARBOR CT858I AMANDAWY858I AMANDAWY6700 CHURCH ST965 LAUREL GLEN DRI44 V/ESTLAKEAV144 WESTLAKEAVI44 WESTLAKEAVI44 WESTLAKEAVI44 WESTLAKEAVI44 WESTLAKEAVI44 WESTLAKEAV2I7OI STEVENSCRKBLV21701 STEVENS CRK BLV6300 MONTEREY RD7698 BENASSI DR78OO PONDEROSADR50 ENORTH TEMPLE FL221999 BASCOMAVS 7OO23 CORPORATE PL I5O1065 CASTRO VALLEY RD75I8 FERNIE CTI5191 KARLAVCACACACACACACACACACACACACACACACACAUTCACACACACAll5 records of 174Santa Clara County Weed Abatement ProgramPage 58.A.dPacket Pg. 246Attachment: 2019 Gilroy Commencment report (1937 : Weeds and refuse abatement) 2019 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTC¡TY OF GILROYSifusLASANIMASLASANIMASTOMKINSELECTAMADISONSANYSIDROLASANIMASSANYSIDROSANYSIDROLASANIMASLASANIMASMURAOKAMURAOKANO SITUSSWANSTONNO SITUSMONTEREYFORESTFORESTFORESTFORESTLEWISLEWISAPN835-02-013835-02-016835-02-023835-02-065835-03-059835-04-078835-04-082835-04-085835-04-086835-05-005835-05-007835-31 -01 5835-31-016841-02-046841-02-054841-02-055841-42-058841-03-032841-03-CI56841-03-057841-03-059841-03-062841-03-063CITY/STATESAN JOSEGILROYSAN MARTINLOS GATOSLAMARQUEDANVILLESAN MARTINSAN MARTINSAN MARTINSAN JOSESAN JOSEMORGAN HILLMORGAN HILLROSEVILLESAN JOSEGILROYLOSANGELESGILROYGILROYSAN JOSEGILROYGILROYSAN JOSE95128-134395021-177295046-97109s03277s68-46039452695046950469s04695127-22059s128-13439s03795038957479s126-r70695020-00009002495020-520395020-000095 1309s020-520295020-902795116-10112100310907040290806009096909001358841883 IAVAVCTCTCTAVAVAVAVAVDRDRLNSTSTSTSTSTSTST8 15518407700765076407620395341GLANDER" CARMELLA R TRUSTEEATLANTIC CONCRETE INCMARTIN,INEZ M TRUSTEEMACKIN, DAVID ETALZEPEDA,ALFREDO ANDGILROY SELF STORAGEPARTNERSGREEN, GEORGE EAND LYNDAMGREEN, GEORGE EAND LYNDAMGREEN, GEORGE EAND LYNDAMDO, HUONG MINH AND TRAN HUEGLANDER, CARMELLA R TRUSTEERAUSCHNOI MICHAEL TRUSTEE &CAND R DEVELOPMENTLLCUNION PACIFIC CORPORATIONCHARRON, STEVEN A TRUSTEEDRL PROPERTIES LLCLTNION BAY TNV CONARANJO, GEORGEARTIGA, JOSUE OTANG, ZHIÍTUI AND LIU, XIADARIAS-BARBA, TERESA ANDNGUYEN, HLING QAND LE, HONG TAADI CORPORATION707 MONROE STN0PoBoxl772I4OIO COLUMBETAV0 Po Box 3204241420 DUROUX RD0 P.o.Box 69913575 MAMMINI CT13575 MAMMINI CT13575 MAMMINI CT296 DELIA ST707 MONROE STN0 P.o. Box 6680 P.o. Box 668lOO3I FOOTHILLS BLVD1225 EMORY ST2545 MUIRFIELD WYI0476 LTNDBROOK DR77OO FOREST STI42O BRIARBERRY LN4785 PARK WEST DR7620 FOREST ST11485 NEWAVI3I5 ruLIAN STECACACACATXCACACACACACACACACACACACACACACACACACA138 records of 174Santa Clara County Weed Abatement ProgramPage 68.A.dPacket Pg. 247Attachment: 2019 Gilroy Commencment report (1937 : Weeds and refuse abatement) 2019 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYSifrrsLEV/ISFORESTLEV/ISMARTINCHESTNUTCHESTNUTSOUTHRENZALEXANDERNO SITUSSOUTHNO SITUSNO SITUSMONTEREYCHESTNUTCAMERONCAMERONCAMINONO SITUSNO SITUSNO SITUSNO SITUSsr 841-03-070sr 841-03-071sr 841-04-029sT 841-06-040841-06-062sr 841-07-427sr 841-07-043FY 841-10-039LN 841-10-047sr 841-13-021841-13-022FY 841-14-059841-14-A6A841-14-072RD 841-14-080sr 841-16-117BL 841-17-100BL 841-17-107841-17-111841-17-119841-17-121841 -1 8-086841 -1 8-087(-IT\¿/STATT',GILROYGILROYCOSTAMESALOS MOLINOSROSEVILLEGILROYGILROYSAN JOSEFRESNOROSEVILLEROSEVILLEROSEVILLEROSEVILLEROSEVILLEBENECIAGILROYLOS GATOSLOS GATOSBOSTONBOSTONBOSTONCAMPBELLCAMPBELL9s020-s22095020-52029262695055-95909s74795020-580695020-580695 l l 5-000s93722957479574795747957479574794s109s02095030-'72119s030-72t121t02n02n09s00895008APN3117610lll22207492747207007l0lCHARLES, JOE RAND CARMENAOLIVEzu, SALVATOREAGILROY LEWIS STREETL PLIU, DENG AND CHEN, SASHATINION PACIFIC CORPORATIONSANCHEZ, ELOY G AND ANGELICA MFERNANDEZ, FABIAN ETALPACIFIC GASAND ELECTRIC CONIJJA& KARAMJIT SINGH AND{INION PACIFIC CORPORATIONLTNION PACIFIC CORPORATIONL]NION PACIFIC CORPORAIIONUNION PACIFIC CORPORATIONLTNION PACIFIC CORPORATIONGARLIC FARM TRUCK CENTER LLCCHRISTOPHER, DONALD C TRUSTEEMCCARTHY GILROY LLCMCCARTHY GILROY LLCLINITED NATURAL FOODS WEST INCUNITED NATURAL FOODS WEST INCLINITED NATURAL FOODS V/EST INCSOUTH COUNTYVENS LLCSOUTH COI-INTY VENS LLC3I1 LEWIS ST7610 FOREST STI5I KALMUS DR STE J525855 CONARD LNSlOO3I FOOTHILLS BLVD7492 CHESTNUT ST7472 CHESTNUT STIII ALMADEN BLVD7755 GILROYAVI¡IOO31 FOOTHILLS BLVDIOO3I FOOTHILLS BLVDIOO3I FOOTHILLS BLVDIOO3I FOOTHILLS BLVDIOO3I FOOTHILLS BLVD5OOO 2ND STE G305 BLOOMFIELDAV2IOALMENDRAAV2IOALMENDRAAVIOO OLIVER ST FLR ISTHIOO OLIVER ST FLR ISTHIOO OLIVER ST FLR ISTH635 CAMPBELL TECH PY# IOO635 CAMPBELLTECH PY IOOCACACACACACACACACACACACACACACACACACAMAMAMACACA058706605690065036501l6l records oÍ 174Santa Clara County Weed Abatement ProgramPage 78.A.dPacket Pg. 248Attachment: 2019 Gilroy Commencment report (1937 : Weeds and refuse abatement) 2019 WEED ABATEMENT PROGRAMCOMMENCEMENT REPORTCITY OF GILROYSifusNO SITUSHOLLOWAYCAMINOROSSIROSSILUCHESSATRAVELPARKTRAVELPARKTRAVELPARKOBATAMAYOCKOBATAOBATA841-53-066841-70-026841-74-449841-72-001841-72-042841-73-405841-75-411841-75-013841-7s-AM841-76-008841-76-022841-79-006841-79-017(]ITY/STATRSAN JOSESAN JOSENEWPORT BEACHLOS GATOSSAN MARTINWESTPALM BEACHLINCOLNBENICIABENICIAGILROYGILROYSARATOGAGILROY95121-27529s121-24339266095030-293395046-0000334069s64894s1094510950219s020-91779s07043049s020-0000APN85069705885586505980s920s97058470300380RDNGUYEN, THU TAMLOUGHRAN, ALEXANDEROLIVE CAMINOARROYOLLCFORTLTNA DEL TIEMPO LLCMELO, MANUEL M TRUSTEE & ETALLONESTAR CALIFORNI,q.INCHOANG, VINCEANTRIALI,ASHRAF HANDYASMINALI, ASHRAF HAND YASMINSALINAS, CARLHEINZEN, ALAN B TRUSTEE & ETALSEALAKE CORPORATIONSALINAS, CARLLTRUSTEE2673 MCLAUGHLIN AV237 LAUMERAV4675 }J4.AC ARTHUR CT STEI99IO SLTNSET DR1425 LAKEVIEW CTI5OI BELVEDERE RD5240 MONTEVERDE LN5OOO 2ND STE SUITE G5OOO 2ND STE SUITE G0 Po Box 15692482HOWELLLN2O3IOARGONAUT DR380 OBATACTCACACACACAFLCACACACACACACALNLNAVCLCLCLWYRDCTCT174 records oÍ 174Santa Clara County \ileed Abatement ProgramPage 88.A.dPacket Pg. 249Attachment: 2019 Gilroy Commencment report (1937 : Weeds and refuse abatement) City of Gilroy STAFF REPORT Agenda Item Title: Fiscal Year 2018-2019 Mid-Year Budget Update and Approval of Increasing Appropriations from the Public Facilities Impact Fee Fund by $1.5 million and Water and Wastewater Funds by $55,444 Meeting Date: April 1, 2019 From: Gabriel Gonzalez, City Administrator Department: Finance Department Submitted By: Jimmy Forbis Prepared By: Jimmy Forbis Bryce Atkins Strategic Plan Goals  Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐ Enhanced Public Safety RECOMMENDATION a) Receive the report. b) Adopt a resolution of the City Council of the City of Gilroy amending the budget for Fiscal Year 2018-2019 and appropriating proposed expenditure amendments. BACKGROUND Each quarter, the Finance Department prepares and presents to Council an update on the revenues and expenditures of the City’s fiscal year performance. The below report identifies the revenues and expenditures for Fiscal Year (FY) 2019, for the period f rom July 1, 2018 through December 31, 2018. It is important to note that the City’s internal service funds (IT, Fleet, Facilities, Fringe Benefits, Worker’s Compensation and Liability Funds) are not provided in this report. As these funds receive their revenue from charges to the other departments and funds in 10.A Packet Pg. 250 the City, it would essentially be double counting revenues and expenditures if they were to be included in the calculations below. Overall, the revenues of the City are showing below an evenly distributed level. This is due to the lag between when the economic transaction occurs and when the City’s revenues are actually received. This is typical in each report until the Comprehensive Annual Financial Report is provided. Overall expenditures are trending close to the prorated budget target for this reporting period. ANALYSIS FY 19 Mid-Year Revenue General Fund The current budget for FY19 identified General Fund revenue totaling $53.5 million. As of December 31, 2018, $20.7 million in revenue was received, approximately 38.8% of the annual amount budgeted. As discussed above, this is mainly due to the lag in receiving Property, Sales, and Transient Occupancy Taxes, as can be seen below (Figure 1). Figure 1: FY 19 General Fund Revenues through December 31, 2018 General Fund Revenue By Type Amended Budget Mid-Year Total Percentage Property Tax 13,650,657$ 3,946,200$ 28.91% Sales Tax 18,659,503$ 7,024,604$ 37.65% Utility Users Tax 4,332,645$ 1,952,902$ 45.07% Transient Occupancy Tax 1,812,861$ 561,279$ 30.96% Business License 634,228$ 522,471$ 82.38% Other General Fund 14,444,750$ 6,780,308$ 46.94% Total 53,534,644$ 20,787,764$ 38.83%  Property Tax The City’s property tax revenues are received in various intervals from Santa Clara County, and are not distributed in even amounts. As of the end of the reporting period, 29% of the annual amount was collected. Disbursements were received after the reporting period and will be included in future quarterly reports.  Sales Tax The City receives its sales tax revenue approximately two months after funds are collected by the California Department of Tax and Fee Administration (formerly the State Board of Equalization). This collection amount represents only the first four months’ distribution. If total budgeted sales tax revenue were evenly distributed over each month, the target at four months would be $6.2 millio n, 10.A Packet Pg. 251 while collections were at $7.0 million, indicating that sales tax received may be higher than budgeted for the year.  Utility Users Tax (UUT) The City’s UUT revenues are trending below target for this period of the fiscal year, but only slightly. These revenues are levied as a percentage of water, sewer, gas, electricity, steam, cable, and phone charges. These revenues typically increase gradually over the course of the fiscal year.  Transient Occupancy Tax (TOT) The City’s TOT revenue comes from a 9% tax on hotel room rentals under 30 days, as well as from some of the RV parks in the City. The hotels make their payment within one month after their quarter ends. Therefore, the amount provided above is from one quarterly payment. The second quarterly payment was received after this reporting period. These revenues typically lag behind the City’s fiscal reporting periods.  Business License As of mid-fiscal year, business license revenue has reached 82.4% of total revenues projected. The cause for this revenue level is tied to annual payments for business licenses that span across two fiscal years. Business license applicants are charged for a full year. Depending upon the timing of the business license application, the business license may cross over two different City fiscal years. When this happens, revenue staff apportions the amounts to each fiscal year, depending upon where the split between fiscal years lands in their annual billing amount.  Other General Fund These revenues are comprised mostly of service charges and other, smaller revenue sources. This aggregate revenue category has received 46.9% of its revenues budgeted for the year. Non-General Fund For the non-General Fund revenues, below is a table identifying revenues received for FY19, as well as a discussion of each category. Figure 2: FY19 Non-General Fund Revenue through December 31, 2018 10.A Packet Pg. 252 Non-General Fund Revenues by Type Amended Budget Mid-Year Total Percentage Water Fund 11,513,652$ 6,491,723$ 56.4% Sewer Fund 13,713,534$ 6,035,983$ 44.0% Recreation 3,685,635$ 1,914,122$ 51.9% Gas Tax 1,226,233$ 516,994$ 42.2% Development/Impact Fees 15,878,794$ 5,637,021$ 35.5% All Other Special Revenues*9,492,601$ 3,807,822$ 40.1% Total 55,510,449$ 24,403,664$ 44.0% *Does not include Highway 152 Agency debt refinancing transaction.  Water Fund The City’s Water Fund revenue is performing better than budget targets for this reporting period.  Sewer Fund The Sewer Fund is generating revenue slightly below the reporting period target, approximately 44% of the annual amount expected. However, utility billing lags by one month, when accruing the December payments received in January, the fund is performing slightly better than budgeted.  Recreation Recreation has received 51.9% of the revenue for the fiscal year. The revenue is acquired from charges for services (cost recovery) related to recreation programs, some grant funding, and transfers from the General Fund. The services provided by Recreation are seasonal, and therefore so are most of their special revenues.  Gas Tax Gas tax revenue received is 42.2% of the annual projected total at the end of the reporting period. Gas tax is based on the amount and price of gasoline purchases made state-wide, and allocated to communities through formulas developed by the State.  Development/Impact Fees Development and Impact Fees are 35.5% of annual budget estimates. These revenues are collected as a result of new development approval and the required contributions to development impact funds to offset infrastructure impacts and needed infrastructure service expansions.  All Other Special Revenue All remaining special revenue funds, as an aggregate, are at 40.1% of the target for this reporting period. The large refinancing transaction of two Highway 152 10.A Packet Pg. 253 debt service funds are removed from this total, due to the large transfers in and out of the original debt service funds into a new consolidated fund for the refinancing. The other specific funds that comprise this aggregate are at varying levels of revenues above and below budgeted levels. FY19 Mid-Year Expenditures General Fund Overall, the General Fund has expended slightly below its target. Figure 3 identifies each department’s use of General Fund resources. Every department is within or below its target for the quarter. Figure 3: FY19 General Fund Expenditures through December 31, 2018 General Fund Expenditures By Department Amended Budget Mid-Year Total Percentage Administration 5,336,049$ 2,451,373$ 45.94% Recreation Transfer 2,635,826$ 1,279,187$ 48.53% Finance 921,669$ 376,431$ 40.84% Human Resources 1,263,402$ 606,948$ 48.04% Police 23,675,424$ 11,683,467$ 49.35% Fire 11,071,645$ 5,596,142$ 50.54% Public Works 5,416,757$ 2,562,894$ 47.31% Community Development 5,390,070$ 1,976,808$ 36.67% Total 55,710,842$ 26,533,249$ 47.63% Non-General Fund Overall, planned expenditures of funding sources aside from the General Fund are near or below their target, with the exception of the Sewer Fund and Highway 152 Debt Service funds. Below is Figure 4 which identifies the other funding by select categories. Following the table is a brief description of the fund performance. Figure 4: FY19 Non-General Fund Expenditures through December 31, 2018 Non-General Fund Expenditures Type Amended Budget Mid-Year Total Percent Difference Water Fund 11,613,827$ 5,708,061$ 49.1% Sewer Fund 13,616,690$ 7,469,809$ 54.9% Recreation 3,685,635$ 1,665,570$ 45.2% Gas Tax 1,534,432$ 405,377$ 26.4% Development/Impact Fees 20,630,184$ 3,099,106$ 15.0% All Other Special Revenues*10,764,387$ 4,485,813$ 41.7% Total 61,845,155$ 22,833,736$ 36.9% *Does not include Highway 152 Agency debt refinancing transaction. 10.A Packet Pg. 254  Water Fund The City’s Water Fund has expended 49.1% of its annual budget this period, below target level.  Sewer Fund This fund has expended 54.9% of its annual budget as of the mid-year. This is due to a $2 million debt service payment which is the annual total for that appropriation. This has skewed the expenditures to be dis -proportionately larger towards the beginning of the fiscal year, and the expenditures are anticipated to continue leveling out in comparison with quarterly targets as the fiscal year progresses.  Recreation Recreation is performing slightly below the target for the quarter, at 45.2% of the annual appropriation for the year. The work of the department is seasonal, and expenditures are typically not consistent in amounts across quarters.  Gas Tax Gas tax expenditures are significantly below targeted levels, only expending 26.4% of the annual appropriations as of the end of December. Slow utilization in the beginning of the fiscal year is cause for the lower than expected expenditure levels within the reporting period.  Development/Impact Fees Development and Impact Fees expended a total 15% of the annual amount. The below target spending is a result of low utilization of contract services, improvement projects, and reimbursement line items within the reporting period. Further reimbursements are expected in the remainder of the fiscal year.  All Other Special Revenue All remaining special revenue funds as an aggregate are trending at 41.7% of target annual levels of expenditure. MID-YEAR FINANCIAL REPORT CONCLUSION Overall, citywide revenues as of the end of the mid-year reporting period were 41.4% of the annual budgeted levels, while expenditures were 42.0% of the annual budgeted level. For the General Fund, revenues are at 38.8% and expenditures at 47.6%. However, as expressed previously, several of the General Fund’s revenue sources lag between receipt and report period hard cutoff timeframes. In summary, the City’s revenue and expenditure activities are healthy. A further analysis of third quarter totals will be presented to Council in May. REQUESTED BUDGET AMENDMENTS 10.A Packet Pg. 255 Staff is requesting Council consideration of two budget amen dments. The requests are provided below. Customer Service Center – Planning and Engineering As the City continues to grow it has become evident that staff does not have enough space to conduct work efficiently. This may not be surprising given our current City Hall was built in 1980. There is a present need for both offices and conference rooms. The need is most pronounced in the Community Development and Public Works wings of City Hall. Most of this area is dedicated to processing development applications, which is a critical customer service function of the City. The City Council has previously committed to enhancing the City’s customer service. The City has the opportunity to address the office space problem and enhance customer service. Staff has previously presented a conceptual plan to revitalize the old police department building (City Hall Annex) to serve as a one-stop customer service center and received Council support. A one-stop development center is a facility where business persons can go to obtain the licenses and permits needed to start-up, operate, and expand their facilities. These centers improve the local business environment while reducing the number of separate departments a business must physically apply to for various licenses and permits, saving public and private time and financial resources. Creation of a one-stop development center would serve as a welcome center to the development community. The new development center is anticipated to provide a positive customer experience, where all development and construction needs can be addressed at one location. Developers benefitting from this experience include shopping center and hotel developers as well as homeowners pursuing single family residence remodels. One-stop centers are a best practice in promoting job creation and wealth-importing economic development projects. The success of a one-stop center is dependent on space and staffing. Without people to process plans and applications the one-stop center will not fulfil its intended purpose to enhance customer service. Offsetting funding for staff could come from dedicated revenues such as inspection fees, water, sewer, gas tax, and SB1 (transportation infrastructure funding) proceeds. Many of these fees are assessed based on the City’s cost to provide service. A breakdown of the costs to revitalize the City Hall Annex is below: Figure 5: City of Gilroy Department of Public Works One Stop Development Center Preliminary Cost Estimate Total remodel area (SF) 12,386 Work Item Price per S.F. Extended price 10.A Packet Pg. 256 Structural $ 120 $ 1,486,320 Plumbing 8 99,088 Mechanical 16 198,176 Electrical 20 247,720 Subtotal 1 2,031,304 Contingency 25% $ 507,826 Subtotal 2 2,539,130 Design, CM, permits 20% $ 507,826 Estimated Project Cost $ 3,046,956 Staff is requesting to commence work on just the western wing of the building rather than the entire building, and an appropriation of $1.5 million from the Public Facilities Impact Fee Fund (440).. The west wing would allow for addition office space and if City Council approved additional staffing the one-stop center. There is sufficient fund balance for this request and there is no General Fund impact. Utility Billing Front Counter Customer Service Reorganization The Finance Department is requesting to convert two part-time positions into one full- time position at the front counter. Currently, the front counter is staffed by two full -time employees, and two part-time employee positions that fill the same third counter window. Currently, the two part-time positions alternate days of work. Part-time employees are difficult to recruit and retain, thus the creation of a full-time position would provide stability for the department. The position is fully funded by water and sewer enterprise funds, as their work is focused on receiving utility payments and supporting utility billing activities. The cost increase is an increase in salaries and benefit costs. Below is a breakdown of the cost of the proposed increase. Figure 6: Front Counter Reorganization Cost Position Salary/Wages Benefits Total Part-Time Accounting Assistant (24,090)$ (1,843)$ (25,933)$ Part-Time Accounting Assistant (24,090)$ (1,843)$ (25,933)$ Full-Time Accounting Assistant I 66,924$ 40,386$ 107,310$ Total Cost of Reorganization 18,744$ 36,700$ 55,444$ It is important to note that the cost in Figure 6 is at the top step of the position. This is to illustrate the maximum financial impact based on today’s salary schedules. The position would most likely be placed at the mid-range of the step schedule or below. The funding 10.A Packet Pg. 257 for this position would be split evenly between the Water and Sewer Enterprise Funds, and does not impact the General Fund. If approved, the maximum budget appropriation amendment would be: 1. $27,722 to account 700-2600-0000-4110 (Sewer Enterprise Fund); and, 2. $27,722 to account 720-2600-0000-4110 (Water Enterprise Fund). Attachments: 1. Reso. Mid Year Budget Amendment 2019 10.A Packet Pg. 258 RESOLUTION NO. 2019-XX RESOLUTION NO. 2019-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE BUDGET FOR THE CITY OF GILROY FOR FISCAL YEAR 2018-2019 AND APPROPRIATING PROPOSED EXPENDITURE AMENDMENTS WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2017-2018 and 2018-2019, and the City Council carefully examined, considered and adopted the same on June 5, 2017; and WHEREAS, City Staff has prepared and submitted to the City Council proposed amendments to said budget for Fiscal Year 2018-2019 for the City of Gilroy in the staff report dated April 1, 2019 for the mid-year budget update. NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year 2018- 19 shall be increased as follows: 1. Increase appropriations in the Public Facilities Fund, Fund 440, by $1,500,000. 2. Increase appropriations in the Sewer Enterprise Fund, Fund 700, by $27,722. 3. Increase appropriations in the Water Enterprise Fund, Fund 720, by $27,722. PASSED AND ADOPTED on this 1st day of April, 2019 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: ATTEST: Roland Velasco, Mayor Shawna Freels, City Clerk 10.A.a Packet Pg. 259 Attachment: Reso. Mid Year Budget Amendment 2019 (2094 : Fiscal Year 2019 Mid-Year Budget Update) City of Gilroy STAFF REPORT Agenda Item Title: Presentation of the Draft 2019 Strategic Plan Meeting Date: April 1, 2019 From: Gabriel Gonzalez, City Administrator Department: Administration Submitted By: Gabriel Gonzalez Prepared By: Gabriel Gonzalez Gabriel Gonzalez Strategic Plan Goals ☐ Fiscal Stability ☐ Downtown Revitalization ☐ Economic Development ☐ Customer Service ☐ Enhanced Public Safety RECOMMENDATION Receive report and provide direction to staff. EXECUTIVE SUMMARY The City’s DRAFT 2020-2025 Strategic Plan is being presented for review by the City Council. BACKGROUND Staff was directed by Council to facilitate the development of a Strategic Plan to better position the City to prioritize the goals of the Council in a fiscally viable manner, aligning fiscal and human resources to achieve the agency’s short- and long-term goals. The City’s consultant team from RGS facilitated a planning session held on February 22, 2019. The Study Session, which was open to the public, resulted in the development of a Mission Statement, a Vision Statement, a set of Core Values and seven Goals to guide the City’s future operations: 10.B Packet Pg. 260 1. Ensure Financial Stability 2. Enhance Public Safety Capabilities 3. Revitalize Downtown 4. Focus on Revenue Driving Economic Development 5. Retain Stability in City’s Workforce 6. Provide Opportunities for Meaningful Public Engagement 7. Ensure Neighborhoods Benefit Equally from City Services The 2020-2025 Strategic Plan encompasses the Goals, suggested programs, projects and initiatives suggested by Council and staff over the course of its development. The Goals that are included represent the highest priorities for City Council. Should other sources of revenue be identified, the City may revisit this Plan and adapt it as need ed. For now, by limiting the City’s efforts to these key areas, the City of Gilroy will be better positioned to achieve its long-term vision and maintain its fiscal viability. FISCAL IMPACT/FUNDING SOURCE The Strategic Plan will be used to guide the development of the City’s upcoming budget for Fiscal Year 2019-2020 and Fiscal Year 2020-2021. 10.B Packet Pg. 261 City of Gilroy STAFF REPORT Agenda Item Title: Presentation By EMC Research to Initiate Community-Wide Polling to Measure Resident Satisfaction of City Services Meeting Date: April 1, 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. EXECUTIVE SUMMARY The City Council has prioritized ensuring the City’s long-term financial sustainability along with providing high-quality public safety in the City’s strategic plan. During the last Study Session on February 11, 2019 Council received a report regarding the City’s current service levels and operational capacity. The report identified the progress the City is making to address the gap between service demand and existing service levels. Also, staff presented identified challenges facing the city in meeting rising service demands. It also demonstrated that of the three levels of services, (1) basic, (2) optimum, and (3) enhanced, the City primarily provides basic services to citizens, particularly as it relates to the Police Department and Fire Department. The City is particularly challenged with addressing increased service demands on public safety, while also generating revenue to enhance service levels into the future. To 10.C Packet Pg. 262 achieve these goals, the Strategic Plan’s Implementation Action Plan identifies a potential measure to meet both of these goals. In 2018, the City Council approved and directed staff to proceed with a community poll that would provide data to gauge the voter support for a potential measure. Below in Background section is additional information as to why the community poll was not conducted in 2018. At this time, per City Council direction staff is re-engaging EMC Research to start community-wide polling. Background During 2017, the City Council and staff held workshops regarding potential revenue options. As part of this discussion, staff had presented to Council the issues of unfunded liabilities, operational capacity challenges, and the needs of the Police and Fire Department. This discussion began with the pre-budget study sessions held in the beginning in March of 2017. At the February 2018 Council Strategic Planning sessions, and later at the June adoption of the Strategic Plan Implementation Action Plan, a potential revenue ballot measure was identified as a priority 1 strategy in both Goal #3: Public Safety and Goal #5: Fiscal Stability. In the strategy, the activity was to poll the community for a potential revenue measure for a public safety special sales tax. As part of that strategy, staff engaged EMC Research through a competitive proposal process to serve the City as the opinion research firm to conduct the polling. Staff held a conference call on June 21, 2018 to discuss the process, timing, and to provide a better sense to the polling firm of what the City is expecting out of the polling service. Part of the discussion pertained to questions and concerns about the previous attempt in 2014, Measure F. Due to the timeline constraints of the timing of the final poll report and the County’s deadline, EMC felt confident they can conduct the poll and render results in time to meet the deadlines for the November 2018 ballot. However they cautioned that in their professional opinion there is insufficient time to engage stakeholders and community groups and to establish campaign support should Council decide to go forward with placing the measure on the ballot. Typically, a ballot initiative of this type requires a 12 - 18 month process in order to obtain community feedback, develop stakeholder buy in, and address issues that may arise during the educational component of the process. Given the recommendation from EMC Research, the City Council directed staff to delay the community-wide poll later date. ANALYSIS At this time staff would like to continue the engagement with EMC Research for a community wide poll that would provide data to gauge the voter support for a potential revenue measure. EMC Research has provided an updated plan and timeline for the polling activity. 10.C Packet Pg. 263 EMC Research would use a hybrid telephone-web survey of likely March 2019 voters in the City of Gilroy. This approach combines the growing reach and efficiency of online surveys with more traditional telephone interviewing for those populations who would prefer a live interviewer. Under this method, EMC Research would contact voters for the survey using a mix of e-mail addresses and telephone numbers, both cell phones and landlines, obtained from the voter file. EMC Research has been on the forefront of this new mixed -mode methodology, and have found it maintains the reliability of older methods of interviewing while keeping costs controlled and ensuring representation from a broader mix of voters. With email addresses on the voter file for approximately 32% of voters, and landline or cell p hone numbers for the vast majority of other voters, we are able to provide a representative sample of likely voters across these contact methods. Using the hybrid (mixed-mode) approach and a survey questionnaire length of approximately 15 minutes, EMC Research anticipates 400 completed survey responses. A sample size of approximately 400 interviews will result in an overall margin of error of ± 5.0 percentage points at the 95% confidence interval, and will provide statistically valid, representative data to help guide strategic decisions and allow for analysis of demographic differences in responses based on characteristics such as gender, age, ethnicity, homeowners vs. renters, and other key demographic variables. The sampling procedures will be consistent with generally recognized, scientifically valid sampling techniques designed to produce a survey reflective of the March 2018 electorate. FISCAL IMPACT/FUNDING SOURCE Field research costs have risen since the initial proposal. EMC Research has reported a higher vendor cost to conduct the survey in 2019, because it is a more impacted time for survey work across the industry. EMC Research anticipates the field costs will be approximately $7,800, as opposed to the $6,000 that was in the original proposal. This brings the total for the work from $24,840 to $26,640. Other portions of the proposal, such as costs for EMC Research personnel, have not increased from the original. CONCLUSION Continuing with the polling process at this time, the City will be able to collect resident input about the City and its customer service levels. The City would have a baseline to consider in developing an approach for a measure in the future. NEXT STEPS The first step in the process will be an in-person planning session with EMC Research, city staff, and other key stakeholders to gather more detailed information about the specific project objectives, as well as finalize the timeline and methodology for the research. This is also a time to share any previous research or other background material that may be relevant to this project. 10.C Packet Pg. 264 Following the initial meeting, EMC Research will develop a draft survey questionnaire using the information gathered so far, as well as any input from key players in the process. While specific questionnaire content has not been developed yet, it is likely that the survey questionnaire will include questions to assess: • Ratings of services provided by the city today • City programs and priorities of greatest interest to support by the community • Perception of the city’s financial need • Reaction to revenue measure concepts, including measures of price sensitivity and measure term • Understanding of feasibility in the context of other potential local or state revenue measures • The potential impact of additional information about a measure, including potential vulnerabilities • Demographics Following approval of the survey questionnaire, EMC Research will manage all aspects of the data collection process. EMC Research will enforce strict quality control measures and rules for both telephone and web-based interviewing. All telephone interviewing is conducted by trained, professional interviewers, with identified cell phones hand-dialed as required by law. After each night of interviewing, demographic and geographic variables will be tracked to ensure that they are falling within the appropriate proportions as compared with the likely voter population. Upon completion of interviewing, EMC Research staff will conduct an extensive statistical analysis of the data gathered from the surveys. This work will culminate in a PowerPoint Presentation of key findings, analysis, and recommendations to be presented in-person by members of the EMC Research team. Proposed Timeline EMC Research is available to begin work on this project immediately. With presentation of findings to City Council at the May 20, 2019 regularly scheduled City Council Meeting. 10.C Packet Pg. 265