June 2, 2022 10:30 AM City Council Regular Meeting Agenda Page1 MAYOR Marie Blankley
COUNCIL MEMBERS
Rebeca Armendariz
Dion Bracco
Zach Hilton
Peter Leroe-Muñoz
Carol Marques
Fred Tovar
CITY COUNCIL
AGENDA
CITY OF GILROY
CITY COUNCIL CHAMBERS, CITY HALL
7351 ROSANNA STREET
GILROY, CA 95020
REGULAR MEETING 6:00 P.M.
MONDAY, JUNE 6, 2022
CITY COUNCIL PACKET MATERIALS ARE AVAILABLE ONLINE AT www.cityofgilroy.org AGENDA CLOSING TIME IS 5:00 P.M. THE TUESDAY PRIOR TO THE MEETING
Due to COVID-19, it is possible that the planned in-person meeting may have to change to a virtual meeting at any time and possibly on short notice. Please check the City of Gilroy website at http://gilroyca.iqm2.com/Citizens/default.aspx for any updates to meeting information.
COMMENTS BY THE PUBLIC WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. Public testimony is subject to reasonable regulations, including but not limited to time restrictions for each individual speaker. Please limit your comments to 3 minutes.
The amount of time allowed per speaker may vary at the Mayor’s discretion depending on the number of speakers and length of the agenda.
Written comments on any agenda item may be emailed to the City Clerk’s Office at [email protected] or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020. Comments received by the City Clerk’s Office by 1 p.m. on the day of a Council meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street prior to the meeting. Any correspondence received will be incorporated into the meeting record. Items received after the 1 p.m. deadline will be provided to the City Council as soon as practicable. Written comments are also available on the City’s Public Records Portal at https://bit.ly/3G1vihU .
In compliance with the Americans with Disab ilities Act, and Assembly Bill 361, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk a minimum of 72 hours prior to the meeting at (408) 846-0204.
If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing h eld at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on exi sting facts and circumstances, there is a
City Council Regular Meeting Agenda
06/6/2022 Page2 significant exposure to litigation against the City.
Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available with the agenda packet on the City website at www.cityofgilroy.org subject to Staff’s ability to post the documents before the meeting.
KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE
Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, task forces, councils and other agencies of the City exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT
ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A
VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-0204
The agenda for this regular meeting is as follows:
1. OPENING
1.1. Call to Order
1. Pledge of Allegiance
2. Invocation
3. City Clerk's Report on Posting the Agenda
4. Roll Call
1.2. Orders of the Day
1.3. Employee Introductions
2. CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
2.1.1. Retirement Proclamation of Patrick Sullivan
3. PRESENTATIONS TO THE COUNCIL
3.1. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT
ON THE AGENDA BUT WITHIN THE SUBJECT MATTER
JURISDICTION OF THE CITY COUNCIL
This portion of the meeting is reserved for persons desiring to address the Council on matters within the Gilroy City Council’s jurisdiction but not on the agenda.
Persons wishing to address the Council are requested to complete a Speaker’s Card located at the entrances and handed to the City Clerk. Speakers are limited to 1 to 3 minutes each, varying at the Mayor’s discretion depending on the number of speakers and length of the agenda. The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda.
Written comments to address the Council on matters not on this agenda may be e - mailed to the City Clerk’s Office at [email protected] or mailed to the Gilroy City Clerk’s Office at City Hall, 7351 Rosanna Street, Gilroy, CA 95020.
Comments received by the City Clerk’s Office by 1:00pm on the day of a Council
City Council Regular Meeting Agenda
06/6/2022 Page3 meeting will be distributed to the City Council prior to or at the meeting and available for public inspection with the agenda packet located in the lobby of Administration at City Hall, 7351 Rosanna Street, prior to the meeting. Any correspondence received will be incorporated into the meeting record . Items received after the 1:00pm deadline will be provided to the City Council as soon as practicable. Written material provided by public members under this section of the agenda will be limited to 10 pages in hard copy. An unlimited amount of material may be provided electronically.
4. REPORTS OF COUNCIL MEMBERS
Council Member Bracco – Gilroy Sister Cities Association (alternate), Santa Clara Co.
Library JPA, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Regional Wastewater Authority Board, Street Naming Committee
Council Member Armendariz – ABAG (Alternate), CalTrain Policy Group, Gilroy Downtown Business Association Board (alternate), Gourmet Alley Ad Hoc Committee, Historic Heritage Committee, Santa Clara Co. Library JPA (alterna te), Santa Clara Valley Habitat Agency Implementation Board, Silicon Valley Clean Energy Authority JPA Board (Alternate), Street Naming Committee, VTA Committee for Transit Accessibility (Alternate)
Council Member Marques – Gilroy Downtown Business Association Board, Gilroy Gardens Board of Directors, Gourmet Alley Ad Hoc Committee, Historic Heritage Committee (Alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, South County Regional Wastew ater Authority (Alternate)
Council Member Hilton – Gilroy Economic Development Partnership, Silicon Valley Clean Energy Authority JPA Board, South County United for Health, Visit Gilroy California Welcome Center Board
Council Member Tovar – Economic Development Corporation Board, Gourmet Alley Ad Hoc Committee, Recycling and Waste Reduction Commission, Santa Clara Co.
Expressway Plan 2040 Policy Advisory Board, SCVWD Water Commission (alternate), South County Joint Recycled Water Advisory Committee, South County Regional Wastewater Authority Board, Street Naming Committee, South County Youth Task Force Policy Team (alternate), VTA Committee for Transit Accessibility
Council Member Leroe-Muñoz – ABAG, CalTrain Policy Group (alternate), Cities Association of Santa Clara County Board of Directors, Economic Development Corporation Board, Gilroy Youth Task Force, SCVWD Water Commission, Silicon Valley Regional Interoperability Authority Board, South County Youth Task Force Policy Team, VTA Mobility Partnership, VTA South County City Group (alternate), VTA Policy Advisory Committee (alternate)
Mayor Blankley – Cities Association of Santa Clara Co. Board of Directors (alternate), Gilroy Economic Development Partnership, Gilroy Sister Cities Association, Gilroy Youth Task Force (alternate), Santa Clara Valley Habitat Agency Governing Board, SCVWD Joint Council-SCRWA-Board Water Resources Committee, South County Joint Recycled Water Advisory Committee, South County Regional Wastewater Authority Board, VTA Board of Directors Alternate, VTA Mobility Partnership, VTA Policy Advisory Committee, VTA South County City Group
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06/6/2022 Page4 5. FUTURE COUNCIL INITIATED AGENDA ITEMS
6. CONSENT CALENDAR (ROLL CALL VOTE)
All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calend ar should ask to have that item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.
6.1. City Council - Regular Meeting - May 16, 2022 6:00 PM
6.2. A Resolution of the City Council of the City of Gilroy Setting the Appropriation Limit for Fiscal Year 2022-23
6.3. Approval of a Notice of Acceptance of Completion and Reduction of the Faithful Performance and Payment Security Bonds for Property Improvement Agreement No. 2018-02, Home Ranch – Tract 10302
6.4. Approval of the First Extension Term of the Agreement for Golf Course Services with Gilroy Golf Course, Inc.
6.5. Third Amendment to Agreement for Services with Alpine Landscapes for Community Facilities District (CFD) Landscape Maintenance Services
6.6. Consent to the Appointment of Sharon Goei as Community Development Director
7. BIDS AND PROPOSALS
7.1. AWS Data Center Environmental Impact Review (EIR) Award of Consultant Contract
1. Staff Report: Cindy McCormick, Customer Service Manager
2. Public Comment
3. Possible Action:
Award a Contract to Circlepoint in the amount of $175,000 for preparation of the AWS Data Center EIR and authorize the City Administrator to execute the contract and associated documents.
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06/6/2022 Page5 7.2. Award a Contract to Ausonio, Inc. in the amount of $499,052 for the Cherry Blossom Apartment Refurbishment Project
1. Staff Report: Walter Dunckel, Facilities Superintendent
2. Public Comment
3. Possible Action:
It is staff's recommendation for the City Council to:
1. Adopt a resolution of the City Council of the City of Gilroy amend ing the fiscal year 2022-2023 budget to appropriate $499,052 for this project: $250,000 from the fund balance of the Housing Trust Fund, $150,000 from the General Fund, and $99,052 from the fund balance of Facilities Internal Service Fund.
2. Award a construction contract in the amount of $499,052 to Ausonio, Inc. for the refurbishment of the Cherry Blossom Apartment building.
3. Authorize the City Administrator to execute the related contract documents and approve any future change orders and items within the approved project budget.
8. PUBLIC HEARINGS
9. UNFINISHED BUSINESS
10. INTRODUCTION OF NEW BUSINESS
10.1. Consideration of Entering into an Agreement with Visit Gilroy for Tourism-Related Economic Development Services and Adopting a Resolution of the City Council of the City of Gilroy Amending the Budget for the City of Gilroy for Fiscal Year 2022-23
1. Staff Report: Bryce Atkins, Senior Management Analyst
2. Public Comment
3. Possible Action:
Council:
a) Approve the agreement and authorize the City Administrator to execute; and b) Adopt a resolution amending the Fiscal Year 2022-23 Operating Budget.
10.2. Approval of Third Extension of the Exclusivity Agreement with Sharks Sports & Entertainment, LLC to Fully Assess the Potential of Having the Sharks Organization Operate a New Indoor Recreational Facility
1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. Possible Action:
Approve the third extension to the exclusivity agreement with the Sha rks Sports & Entertainment, LLC, and authorize the City Administrator to execute the agreement.
City Council Regular Meeting Agenda
06/6/2022 Page6 10.3. Wiley House Lease Amendment
1. Staff Report: Jimmy Forbis, City Administrator
2. Public Comment
3. Possible Action:
Approve an amendment to the lease with Advantage Peak, LLC for use of the City-owned property at 140 5th Street, also known as the Wiley House.
10.4. Adopt a Resolution of the City Council of the City of Gilroy Authorizing the City Administrator to Execute Agreements with the California Department of Transportation for the City Of Gilroy’s Clean California Grant Project
1. Staff Report: Karine Decker, Management Analyst - Economic Development
2. Public Comment
3. Possible Action:
Council adopt the resolution.
10.5. Approval of Capital Improvement Plan Projects for Funding by the Road Repair and Accountability Act of 2017 (SB-1) Funds
1. Staff Report: Ogarita Carranza, Management Analyst
2. Public Comment
3. Possible Action:
Adopt a Resolution of the City Council of the City of Gilroy adopting a list of projects for Fiscal Year 2022-23 to be funded by SB-1: The Road Repair and Accountability Act of 2017.
11. CITY ADMINISTRATOR'S REPORTS
11.1. Update on the City’s Social Media Strategy
11.2. Summer Aquatics Program
11.3. Potential Design-Build Charter Amendment
12. CITY ATTORNEY'S REPORTS
City Council Regular Meeting Agenda
06/6/2022 Page7 13. CLOSED SESSION
13.1. CONFERENCE WITH LABOR NEGOTIATORS - COLLECTIVE
BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11 (4)
Collective Bargaining Units: AFSCME Local 101 (General & Supervisory Units) Representing Employees Affiliated with AFSCME, Local 101; Local 2805, IAFF Fire Unit Representing Gilroy Firefighters; Gilroy Management Association Representing Mid-Management Employees; Unrepresented Exempt Employees (Confi dential, Department Heads & Council-Appointed); Unrepresented Confidential Non-Exempt Employees; Part-Time/Temporary/Seasonal Employees (Hourly & Exempt)
City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips, Administrative Services & Human Resources Director/Risk Manager Anticipated Issues(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions; Memorandums of Understanding: City of Gilroy and Gilroy Fire Fighters Local 2805, City of Gilroy and AFSCME, Local 101 General & Supervisory Units; City of Gilroy and Gilroy Management Association (GMA)
1. Receive Public Comment on Closed Session Item.
14. ADJOURN TO OPEN SESSION
Report of any action taken in Closed Session and vote or abstention of each Councilmember if required by Government Code Section 54957.1 and GCC Section 17A.13 (a); Public Report of the vote to continue in closed session if required under GCC Section 17A.11 (e)
15. ADJOURNMENT
FUTURE MEETING DATES
JUNE 2022
20* Regular Meeting - 6:00 p.m.
JULY 2022
5* Regular Meeting - 6:00 p.m.
AUGUST 2022
1* Regular Meeting - 6:00 p.m.
15* Regular Meeting - 6:00 p.m.
SEPTEMBER 2022
12* Regular Meeting - 6:00 p.m.
19* Regular Meeting - 6:00 p.m.
*Meeting is televised and webstreamed
Proclamation of the City of Gilroy
WHEREAS Patrick “Pat” Sullivan has served the City of Gilroy and the Gilroy Community for over 34 years; and
WHEREAS Pat began his career as Gilroy Police Reserve Officer in February 1988 and transitioned to a full -time Gilroy Police Officer in June 1995; and
WHEREAS Over his career, Pat has served in numerous assignments to include Patrol, School Resource Officer, Field Training Officer, SWAT, Regional Auto Theft Task Force (RATTF)
Investigator, Defensive Tactics Instructor, DARE Officer, and the Honor Guard; and
WHEREAS Pat has dedicated himself to the highest standards of professionalism and excellence as an officer with the Gilroy Police Department; and
WHEREAS On June 1, 2022, Officer Pat Sullivan retired from the Gilroy Police Department with the sincere gratitude and appreciation of the Gilroy City Council for his years of dedicated public service to our fine City.
NOW, THEREFORE, I, MARIE BLANKLEY, Mayor of the City of Gilroy, and on behalf of the City Council, the citizens and employees of Gilroy, join in thanking
Patrick Sullivan
For his commitment of service and wish him well in retirement for years to come.
Marie Blankley
Mayor, City of Gilroy
2.1.1 Packet Pg. 8 Communication: Retirement Proclamation of Patrick Sullivan (Proclamations, Awards, and Presentations)
City Council Regular Meeting Minutes
May 16, 2022
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05/16/2022
City of Gilroy
City Council Meeting Minutes
May 16, 2022
1. OPENING
1.1. Call to Order
The meeting was called to order at 6:00 PM by Mayor Marie Blankley
1. Pledge of Allegiance
Council Member Marques led the Pledge of Allegiance.
2. Invocation
Pastor Grant Bennett from Gilroy First Baptist Church led the Invocation.
3. City Clerk's Report on Posting the Agenda
City Clerk Pham declared the posting of the agenda.
4. ROLL CALL
Attendee Name Title Status
Marie Blankley Mayor Present
Rebeca Armendariz Council Member Present
Dion Bracco Council Member Present
Zach Hilton Council Member Present
Peter Leroe-Muñoz Vice Mayor Present
Carol Marques Council Member Present
Fred Tovar Council Member Present
1.2. Orders of the Day
There were none.
1.3. Employee Introductions
There were none.
2. CEREMONIAL ITEMS
2.1. Proclamations, Awards, and Presentations
There were none.
3. PRESENTATIONS TO THE COUNCIL
3.1. Youth Commission Annual Presentation
Chair Padda provided the presentation.
Possible Action:
3.2. Presentation from Santa Clara County Public Health (Tobacco Prevention) DRAFT6.1
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Don Tran from Santa Clara County Public Health provided the presentation and responded to Council Member questions.
3.3. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE
AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY
COUNCIL
Mayor Blankley opened the public comment period.
The following individuals spoke on items not on the agenda:
Kelly Ramirez served Notice of Intent to Recall to Council Member Armendariz.
Carol Baker requested urged Council for stronger second -hand smoke ban ordinance.
Dr. Alan Goldsobel urged Council for stronger second-hand smoke ban ordinance.
Kiran Kaur from Breathe California expressed full support for Council to stronger second-hand smoke ban ordinance.
Audrey Fleige described her personal experience from second-hand smoke and urged Council for stronger second-hand smoke ban ordinance.
Jimmy Apffel from Bloom Energy invited Council and the community to the second annual Stars and Strides Community Run at San Jose scheduled for July 2, 2022.
Gabriela Mendoza expressed support for Council Member Armendariz.
There being no further public comment, Mayor Blankley closed public comment.
4.REPORTS OF COUNCIL MEMBERS
Council Member Bracco reported on the Gilroy First Annual Salsa Tasting Contest and Classic Car Show event and thanked Council Member Tovar for putting up the event.
Council Member Armendariz had no report.
Council Member Marques had no report, but express support of the Gilroy First Annual Salsa Tasting Contest and Classic Car Show event.
Council Member Hilton reported on Silicon Valley Clean Energy Authority JPA Board.
Council Member Tovar reported on the Gilroy First Annual Salsa Tasting Contest and Classic Car Show event and Downtown Gourmet Alley Ad Hoc Committee.DRAFT6.1 Packet Pg. 10 Minutes Acceptance: Minutes of May 16, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
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Vice Mayor Leroe-Muñoz reported on the Cities Association of Santa Clara County Board of Directors and expressed support and prayers to the victims of the racially motivated shootings last weekend.
Mayor Blankley reported on VTA Policy Advisory Committee.
5. FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Hilton requested to agendize for council to discuss amending Chapter 19B of the Gilroy Municipal Code regarding smoking prohibitions. The item received unanimous support.
Council Member Hilton requested an informational item report from City staff with regards to the Challenge Grant and modular units on City owned property. The item received majority support.
6. CONSENT CALENDAR (ROLL CALL VOTE)
Mayor Blankley opened public comment.
Jan Guffey urged Council to support agenda item 6.2.
There being no further speakers, Mayor Blankley closed public comment.
RESULT: APPROVE [UNANIMOUS]
MOVER: Dion Bracco, Council Member
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Blankley, Armendariz, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
6.1. City Council - Regular Meeting - May 2, 2022 6:00 PM A motion was made to approve the minutes.
6.2. A Resolution of the City Council of the City of Gilroy Proclaiming the Month of May 2022 as Affordable Housing Month
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2022-23
6.3. Resolution Proclaiming the Month of June 2022 as LGBTQ Pride Month A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2022-24
6.4. A Resolution of the City Council of the City of Gilroy Calling a General Municipal Election for Municipal Officers and Requesting the Santa Clara County Board of Supervisors Consolidate With the Statewide General Election to be Held on November 8, 2022 Pursuant to California Elections Code Section 10403, and Requesting Services of the Registrar of Voters
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2022-25 DRAFT6.1
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6.5. Award Professional Service Contracts to the Council Approved On-Call Consultants List for Planning Services, Environmental Reviews and Historical Evaluations (21-RFQ-CDD-330)
A motion was made to award the contract and authorize the City Administrator to execute the contracts and associated documents.
6.6. Extension of the City of Gilroy “Al Fresco” Outdoor Dining Program Through May 31, 2023
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2022-26
6.7. A Resolution of the City Council of the City of Gilroy Res cinding Resolution No. 2012-46 and Adopting the Updated Complete Streets Policy
A motion was made to adopt the resolution.
Enactment No.: Resolution No. 2022-27
6.8. Claim of Maria Galeana (The City Administrator recommends a “yes” vote under the Consent Calendar shall constitute the denial of the claim.)
A motion was made to deny the claim.
6.9. Second Reading and Adoption of An Ordinance of the City Council of the City of Gilroy Military Use Policy 708 Pursuant to Assembly Bill 481 A motion was made to adopt the ordinance.
Enactment No.: Ordinance No. 2022-04
7. BIDS AND PROPOSALS
There were none listed.
8. PUBLIC HEARINGS
8.1. Approval of the Community Development Block Grant and Permanent Local Housing Allocation Public Service Grant Allocations and Community Development Block Grant Annual Action Plan for Fiscal Year 2022-2023 (Continued from May 2, 2022 City Council Regular Meeting) Mayor Blankley asked Council Members if they received any ex -parte communications. No ex-parte communications were reported.
Council Member Armendariz notified she will be recusing herself from this item.
Program Administrator Zamora gave staff presentation and responded to Council Member questions.
Mayor Blankley reopened Public Hearing at 7:08 PM.
DRAFT6.1
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The following individuals expressed support of funding CARAS that administers the RYSE UP Program:
Marty Estrada
Yesenia Andrade
Sofia Montes
Gabriela Mendoza
Alexis Guzman Alarcon
Isabel Santos
There being no further comments, Mayor Blankley closed the Public Hearing at 7:20 PM.
Council discussion ensued with regards to the item.
Mayor Blankley reopened the Public Hearing at 7:51 PM.
Marty Estrada stated that CARAS not doing nefarious and emphasized that CARAS and Council need to work together.
Raymundo Armndariz stated that funds would not pay the staff and provided information in whom would be paid by the funds.
Sally Armendariz stated that CARAS’s 990s are current that she does not get paid working at the organization.
There being no further comments, Mayor Blank ley closed the Public Hearing at 8:00 PM.
A motion was made by Mayor Blankley, seconded by Council Member Leroe-Munoz, to approve Option D, reallocating the $8,500.00 and $20,000.00 to the other organizations within Option D in the same percentages. The motion failed by the following vote:
RESULT: FAILED [2 TO 4 WITH 1 RECUSAL]
MOVER: Marie Blankley, Fred Tovar
SECONDER: Peter Leroe-Muñoz, Vice Mayor
AYES: Marie Blankley, Peter Leroe-Muñoz
NAYS: Dion Bracco, Zach Hilton, Carol Marques, Fred Tovar RECUSED: Rebeca Armendariz
x A motion was made by Council Member Hilton, seconded by Council Member Tovar, to approve Option D as recommended by staff and moving forward, staff provides Council the information on who directly benefits from the grants. The motion passed by the following vote: DRAFT6.1 Packet Pg. 13 Minutes Acceptance: Minutes of May 16, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
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RESULT: APPROVE AS AMENDED [5 TO 1 WITH 1 RECUSAL]
MOVER: Zach Hilton, Council Member
SECONDER: Fred Tovar, Council Member
AYES: Bracco, Hilton, Leroe-Muñoz, Marques, Tovar
NAYS: Marie Blankley
RECUSED: Rebeca Armendariz
x A motion was made by Council Member Tovar, seconded by Council Member Bracco, to adopt the 2022-2023 Annual Action Plan.
RESULT: APPROVE [6 TO 0 WITH 1 RECUSAL]
MOVER: Fred Tovar, Council Member
SECONDER: Zach Hilton, Council Member
AYES: Blankley, Bracco, Hilton, Leroe-Muñoz, Marques, Tovar RECUSED: Rebeca Armendariz
9. UNFINISHED BUSINESS
There were none.
10. INTRODUCTION OF NEW BUSINESS
10.1. Consideration of a Resolution Authorizing the Enforcement of Assembly Bill No. 1276 Prohibiting Food Facilities from Providing Any Single-Use Foodware Accessory or Standard Condiment Under Certain Conditions Senior Management Analyst Atkins gave staff presentation and responded to Council Member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment.
Possible Action:
Council adopt the resolution.
RESULT: APPROVE [6 TO 1]
MOVER: Peter Leroe-Muñoz, Vice Mayor
SECONDER: Zach Hilton, Council Member
AYES: Blankley, Armendariz, Hilton, Leroe-Muñoz, Marques, Tovar NAYS: Dion Bracco
10.2. Approve a School Resource Officer Memorandum of Understanding for Fiscal Year 2022-2023
Chief Espinoza gave staff presentation and responded to Council Member questions.
Mayor Blankley opened Public Comment.
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The following speakers expressed opposition to the item:
Marty Estrada
Raymundo Armendariz
Luis Castro
Joel Simancas
Xavier Garcia
Samuel Bass
Deborah Padilla from Gilroy Unified School District requested Council to approve the resolution.
Ron Kirkish stated School Resource Officers are needed to protect students.
There being no further comments, Mayor Blankley closed public comment.
Possible Action:
Adopt a resolution of the City Council of the City of Gilroy authorizing the City Administrator to enter into an agreement between the City of Gilroy and Gilroy Unified School District for two school resource officers, including cost sharing, for fiscal year 2022-2023.
RESULT: APPROVE [5 TO 2]
MOVER: Fred Tovar, Council Member
SECONDER: Carol Marques, Council Member
AYES: Blankley, Bracco, Leroe-Muñoz, Marques, Tovar
NAYS: Rebeca Armendariz, Zach Hilton
10.3. Introduction of Comprehensive User Fee Study Update Finance Director Sangha gave staff presentation and responded to Council Member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment.
Possible Action:
Receive report.
RESULT: RECEIVE REPORT
10.4. Receive an Update on the Refinancing Pension Obligations Project and Approval of Issuance of the Pension Obligation Bonds
Finance Director Sangha gave staff presentation and responded to Council Member questions.
Mayor Blankley opened Public Comment.
There being no comments, Mayor Blankley closed public comment. DRAFT6.1 Packet Pg. 15 Minutes Acceptance: Minutes of May 16, 2022 6:00 PM (CONSENT CALENDAR (ROLL CALL VOTE))
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Possible Action:
1. Receive an update.
2. Direct staff to refinance the pension obligation via issuance of pension obligation bonds.
RESULT: RECEIVE REPORT
11. CITY ADMINISTRATOR'S REPORTS
11.1. Gilroy PD Use of Flock Security Cameras
City Administrator Forbis provided staff presentation on t his item. City Administrator Forbis and Chief Espinoza responded to Council Member questions.
11.2. Civic Center Projects
City Administrator Forbis provided staff presentation on this item.
11.3. Small Business Relief Program
City Administrator Forbis provided staff presentation on this item.
11.4. CalHome Program County Award
City Administrator Forbis provided staff presentation on this item.
12. CITY ATTORNEY'S REPORTS
There were none.
13. CLOSED SESSION
There were none.
14. ADJOURNMENT
The meeting was adjourned at 9:19 P.M. by Mayor Blankley.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Gilroy.
/s/ Thai Pham, CMC, CPMC
City Clerk DRAFT6.1
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City of Gilroy
STAFF REPORT
Agenda Item Title: A Resolution of the City Council of the City of Gilroy Setting the Appropriation Limit for Fiscal Year 2022-23
Meeting Date: June 6, 2022
From: Jimmy Forbis, City Administrator
Department: Finance Department
Submitted By: Harjot Sangha
Prepared By: Harjot Sangha
Rosemary Guerrero
Strategic Plan Goals
Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Adoption of a Resolution of the City Council of the City of Gilroy setting the appropriation limit for Fiscal Year 2022-23.
BACKGROUND
Each fiscal year, the City must adopt an appropriation limit on the City’s expenditures made from tax sources in conformance with Proposition 4, otherwise known as the GANN Initiative. The GANN Limit typically exceeds the amount of actual City
6.2 Packet Pg. 17
expenditure and serves to set the maximum upper limit of expenditure even though the City’s expenditures are not as high as the limit itself.
Proposition 4 and the subsequent Proposition 111 sets forth the procedure for calculating the limit, which is based upon the approved appropriations limit from the prior year, adjusted each year for inflation and population growth factors. Only those General Fund revenues received from proceeds of taxes (such as Sales Tax, Property Tax, Utility Tax, Transient Occupancy Tax, etc.) are subject to this limit. In addition, proceeds of taxes may be spent on several types of appropriations which do not count against the GANN Limit. The law allows a city to spend tax proceeds on voter -approved debt, costs of complying with court orders and federal mandates, with certain restrictions, and expenditures for qualified capital outlay. Appropriations for these excludable categories do not count against the GANN Limit.
ANALYSIS
The indices used for calculating the appropriation limit were the Ca lifornia per capita income growth (7.55%) and the City of Gilroy’s population growth (-0.21%). Based on these factors, the appropriation limit for 2022-23 is $223,073,200. The City’s tax proceeds subject to the FY 2022-23 GANN Limit, based on budgeted projections, are equal to $45,143,819.
Fiscal Year 2021-22 Appropriation Limit $ 207,849,967
Fiscal Year 22-23 Growth Factors based on California Per Capita Income (7.55%) and the City of Gilroy Population Change (-0.21%) (1.0755 * 0.9979 = 1.0732)
1.0732
Fiscal Year 2022-23 Appropriation Limit $ 223,073,200 Fiscal Year 2022-23 Appropriations Subject to Limit (Budgeted Tax Proceeds)
$ 45,143,819
Dollar Amount Under Limit $ 177,929,381
The calculations and worksheets for this determination a re attached to this staff report.
ALTERNATIVES
6.2 Packet Pg. 18
No other viable alternative is available. The establishment of the G ANN Limit is required by the State Constitution, and methodology established by Proposition 4 and the subsequent Proposition 111.
FISCAL IMPACT/FUNDING SOURCE
None. Preparation of the annual GANN limit calculations and related adoption of the resolution is an annual activity of the Finance Department and included in its workplan.
CONCLUSION
Based upon the formula set forth in Proposition 111, the difference of $177,929,381 demonstrates that the City is substantially below the maximum allowable appropriati on limit and should remain so for the foreseeable future.
Attachments:
1. Draft Resolution
2. Gann Limit Calculations
6.2 Packet Pg. 19
RESOLUTION NO. 2022-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY ADOPTING THE CITY OF GILROY
APPROPRIATION LIMIT FOR FISCAL YEAR 2022-23
WHEREAS, the voters of the State of California elected to add Article XIII. B. of the California Constitution known as the Gann Initiative and Proposition 4; and
WHEREAS, the State of California, Department of Finance, and the League of California Cities have established uniform guidelines and have published appropriate percentages for California per capita personal income and population changes for the implementation of the subject limit.
NOW, THEREFORE, BE IT RESOLVED that the appropriation limit for the City of Gilroy for Fiscal Year 2022-23 is $223,073,200.
PASSED AND ADOPTED this 6th day of June 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
6.2.a
Packet Pg. 20 Attachment: Draft Resolution (3785 : Gann Limit FY23)
Fiscal Year 2021-22 Adopted Limit 207,849,967$
Population Factor (City Growth)0.9979
Inflation Factor (California per capita income)1.0755
Fiscal Year 2022-23 Limit 223,073,200$
DETERMINATION OF THE APPROPRIATIONS LIMIT
CITY OF GILROY
FY 2022-23
6.2.b
Packet Pg. 21 Attachment: Gann Limit Calculations (3785 : Gann Limit FY23)
AMOUNT
A. Proceeds of Taxes 45,143,819$
B. Exclusions
C. Appropriations Subject to Limitation*45,143,819$
D. Current Year Limit 223,073,200$
E. Over (Under) Limit (177,929,381)$
* As of June 6, 2022
APPROPRIATIONS SUBJECT TO LIMITATION
CITY OF GILROY
FY 2022-23
BUDGET
6.2.b
Packet Pg. 22 Attachment: Gann Limit Calculations (3785 : Gann Limit FY23)
Proceeds Non-Proceeds
REVENUE of Taxes of Taxes Total
TAXES
Property taxes 16,384,380.00$ -$ 16,384,380.00$ Sales & Use Tax 20,576,773.00 - 20,576,773.00 Business Licence Tax 586,496.00 - 586,496.00 Utility Users Tax 4,307,959.00 - 4,307,959.00 Transient Occupancy Tax 1,833,898.00 - 1,833,898.00 Special Police or Fire - - - Admissions Tax - - - Parking Tax (not fines)- - - Other Taxes 530,400.00 - 530,400.00
FROM STATE
Motor Vehicle in Lieu 34,161.00 - 34,161.00 Trailer Coach in Lieu - - - Off-Highway Vehicles - - - Gasoline Tax - - - Cigarette Tax - - - Homeowners Relief 31,620.00 - 31,620.00 State Grants - 118,500.00 118,500.00 Williamson Open Space - - - Tidelands Trust - - - SB90 Reimbursements - - - Repealed Subventions - - - Liquor Licence Fee - - - Highway carriers - - - Financial Aid to Locals - - - Business Inventory - - - 78-79 Bailout Funds - - -
OTHER GOVERNMENTS
General Revenue Sharing - - - Community Development (CDBG)- - - Housing (HUD)- - - C R A Reimbursement - - - Federal - -
LOCALLY RAISED
Special Benefit Assessments - - - Licences and Permits - - - Business Licences - Regulatory - - - Development Fees - - - Franchise Fees - 1,753,800.00 1,753,800.00 Rents, Royalties,Concessions - - - Fines, Forfeitures, Penalties - 204,676.00 204,676.00
USER FEES
GENERAL FUND
CALCULATION OF PROCEEDS OF TAXES
CITY OF GILROY
FY 2022-23
BUDGET
6.2.b
Packet Pg. 23 Attachment: Gann Limit Calculations (3785 : Gann Limit FY23)
(from Worksheet #1)815,506.00 3,472,974.00 4,288,480.00
OTHER MISCELLANEOUS
Transfers - 3,387,499.00 3,387,499.00 Miscellaneous - 2,228,773.00 2,228,773.00 SUB-TOTAL 45,101,193.00 11,166,222.00 56,267,415.00 (for Worksheet #2)
INTEREST EARNINGS 42,626.00 10,554.00 53,180.00 (From Worksheet #2)
TOTAL REVENUE 45,143,819.00 11,176,776.00 56,320,595.00
RESERVE WITHDRAWALS - - - (including appropriated fund balance)
Total of these Funds 45,143,819.00$ 11,176,776.00$ 56,320,595.00$
6.2.b
Packet Pg. 24 Attachment: Gann Limit Calculations (3785 : Gann Limit FY23)
A. NON-INTEREST TAX PROCEEDS 45,101,193$
B, MINUS EXCLUSIONS -$
C. NET INVESTED TAXES 45,101,193$
D. TOTAL NON-INTEREST 56,267,415$
Revenue plus Reserve
Withdraws
E. TAX PROCEEDS AS
PERCENT OF BUDGET 0.80155
F. INTEREST EARNINGS 53,180$
G. AMOUNT OF INTEREST
EARNED FROM TAXES 42,626$
H. AMOUNT OF INTEREST 10,554$
EARNED FROM NON-TAXES
INTEREST EARNINGS PRODUCED BY TAXES
CITY OF GILROY
FY 2022-23
BUDGET WORKSHEET #2
6.2.b
Packet Pg. 25 Attachment: Gann Limit Calculations (3785 : Gann Limit FY23)
USER FEES
Over(Under)
Dept #DEPARTMENT NAME USER FEES COSTS COSTS
2601 Engineering 1,088,000.00$ 1,321,560.00$ (233,560.00)$ 2602 Planning 451,200.00 1,424,615.00 (973,415.00) 2603 B.L.E.S.2,349,680.00 1,563,201.00 786,479.00 2605 Fire Prevention - Haz Mat 399,600.00 370,573.00 29,027.00 Totals 4,288,480.00$ 4,679,949.00$ (391,469.00)$
USER FEES VERSUS COSTS
CITY OF GILROY
FY 22/23
WORKSHEET #1
6.2.b
Packet Pg. 26 Attachment: Gann Limit Calculations (3785 : Gann Limit FY23)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of a Notice of Acceptance of Completion and Reduction of the Faithful Performance and Payment Security Bonds for Property Improvement Agreement No. 2018-02, Home Ranch – Tract 10302 Meeting Date: June 6, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan
Prepared By: Jorge Duran
Jorge Duran
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Approve the Notice of Acceptance of completion and reduction of the faithful performance and payment security bonds for property improvement agreement number 2018-02, Home Ranch - Tract 10302.
BACKGROUND
In May 2014, Filice Family Estate, a California Limited Partnership (Developer) received Tentative Map approval for the Home Ranch residential project, to create 52 single- family residential lots located on East Syrah Drive and Northeast of Santa Teresa
6.3 Packet Pg. 27
Boulevard. [Reference: Resolution No. 2014-19, TM 13-08]. The approvals were to construct streets, utilities, landscaping, lighting, fences, walls, and open space areas.
On February 26, 2018, Lennar Homes of California, Inc., (formerly CalAtlantic Group, Inc.) received Council approval of Tract 10302 Final Map and the Property Improvement Agreement 2018-02 for the development of the site and related Public Improvements of the Home Ranch subdivision.
The developer has paid plan check and inspection fees, submitted bonding and insurance for the above referenced Property Improvement Agreement and Tract Map.
DISCUSSION
Chapter 21, Article III, Section 21.81 of the City Code allows the City Council to authorize a reduction in the payment and performance bonds that the builder provided prior to the Property Improvement Agreements being accepted by Council. The amount of the bond reduction is consistent with the amount of work completed at the time of request. A maintenance bond in the amount of 10% of the construction cost ensures that defective or damaged improvements will be corrected during the one -year maintenance warranty period. The project’s actual improvement costs have been reviewed to ensure that the Maintenance Security amount covers any anticipated issue with the installed improvements.
The developer, Lennar Homes of California, Inc., (formerly CalAtlantic Group, Inc.) requests a reduction of Tract 10302 Faithful Performance and Payment Bonds to a Maintenance Bond. This Maintenance Bond is 10% of the bonds value for the Tract improvements bond, reducing it for Tract 10302 from the original $1,996,712 to $199,671. The original security provided for 100% of the estimated construction cost and payment for tract improvements, which consist of new streets, grading, curb, gutter, sidewalk, utilities, landscape, and electrical lighting.
The project is fully complete, and the Notice of Completion document is ready for acceptance and recordation with Santa Clara County. Attachment 3 contains the Notice of Completion.
ALTERNATIVES
Deny the request to approve the Notice of Acceptance and reduction of the bonds. Staff does not recommend this option as it will cause costly and unnecessary development delays.
FISCAL IMPACT
6.3 Packet Pg. 28
The developer has paid plan check and inspection fees, submitted bonding and insurance for the above referenced Property Improvement Agreement a nd Tract Map.
The Faithful Performance and Payment Bonds held as security will be reduced from $1,996,712 to $199,671.
Attachments:
1. Vicinity Map
2. PIA No. 2018-02
3. NOC_Home Ranch
6.3 Packet Pg. 29
6.3.aPacket Pg. 30Attachment: Vicinity Map (3772 : NOC Tract 10302 Home Ranch
RECORDING REQUESTED BY:
City of Gilroy
WHEN RECORDED, MAIL TO:
Shawna Freels
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
23939462
Regina Alcomendras
Santa Clara County - Clerk- Recorder
05/23/2018 10:56 AM
Titles: 1 Pages: 21
Fees: $165.00
Taxes: 0
Total: 165.00
9MA.
SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Property Improvement Agreement No. 2018 -02
HOME RANCH — Tract 10302
APN: 808 -43 -005
CalAtlantic Group, Inc., a Delaware Corporation
7/2/2017
6.3.b
Packet Pg. 31 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
PROPERTY IMPROVEMENT AGREEMENT
RESIDENTIAL
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTION SYSTEMS:
IMPROVEMENT OF STREETS: INSTALLATION OF SEWERS, STORM
DRAINS AND OTHER PUBLIC WORKS FACILITIES
Property Improvement Agreement No. 2018 -02
This Property Improvement Agreement ( "Agreement ") is made and entered into this 26th day of February, 2018, by and between the City of Gilroy, a. municipal corporation, herein called the "City," and CalAtlantic Group, Inc., a Delaware Corporation, herein called the "Developer ".
WHEREAS, a final map of subdivision, record of survey or building permit (Site Clearance) application has now been submitted to the City for approval and acceptance, covering certain real estate and property improvements known as and called: Home Ranch, APN: 808 -43 -005, a legal description of which is attached hereto and incorporated herein as Exhibit "A" (the "Property"), and as described in the project improvement plans entitled Improvement Plans for Home Ranch Tract 10302.
WHEREAS, the Developer is the fee owner of the Property and requires certain utilities and public works facilities in order to service the Property under the minimum standards established by the City and,
WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this Agreement and,
WHEREAS, the City has certain responsibilities for maintenance and operation of such utilities and public service facilities after acceptance by City, and for providing the necessary connecting system, general plant and appurtenances, and the City is agreeing to discharge those responsibilities, provided that Developer has faithfully and fully complied with all of the terms, covenants, conditions to be performed by Developer pursuant to this Agreement.
NOW THEREFORE, in consideration of the foregoing premises and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions and Regulations and established policies of the City and the laws of the State of California and the United States of America it is agreed by and between the parties as follows:
SECTION 1
That all Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter of this Agreement are hereby referred to and incorporated herein to the same effect as if they were set out at length herein. Said Codes, Ordinances, Resolutions, Rule and Regulations include, but are not limited to, the following: the Code of the City of Gilroy, the current Zoning Ordinance, and the currently adopted Uniform Building Code.
2- 7/25/2017
6.3.b
Packet Pg. 32 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
SECTION 2
The Developer agrees:
a. To perform each and every provision required by the City to be performed by the Developer in each and every one of said Codes, Ordinances, Resolution, Rules and other Regulations and established policies of the City and the laws of the State of California and the United States of America, including without limitation, the California Labor Code and California Public Contract Code.
Developer further agrees and acknowledges that it is its obligation to determine whether, and to what extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of the City and the laws of the State of California, the United States of America, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage laws. b. To grant to the City without charge, free and clear of encumbrances, any and all easements and rights of way in and to the Property necessary for the City in order that its water, electricity, and /or sewer lines in or to said Property may be extended.
c. To indemnify, defend with counsel of City's choice and hold the City free and harmless from all suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses including without limitation attorneys' fees) incurred by City in connection with (i) any damage done to any utility, public facility or other material or installation of the City on said Property which the Developer or any contractor or subcontractor of the Developer, or any employee of the foregoing, shall do in grading or working upon said Property; or (ii) arising or resulting directly or indirectly from any act or omission of Developer or Developer's contractors, or subcontractors, or any employee of the foregoing in connection with the work performed by them in connection with this Agreement, including without limitation all claims relating to injury or death of any person or damage to any property.
d. To construct and improve all public works facilities and other improvements described in this Agreement and the improvement plans submitted to the City of Gilroy in furtherance of this Agreement on file with the City of Gilroy. All construction and improvements shall be completed in accordance with all standards established in the Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America and this agreement, and in accordance with the grades, plans, and specifications approved by the City Engineer. Developer shall furnish two good and sufficient bonds, a Payment Bond on a form provided by the City and a Faithful Performance Bond, both of which shall be secured from a surety company admitted to do business in California. Each bond shall set forth a time period for performance by the contractor of its obligations and the terms and conditions on which the City may obtain the proceeds of the bond.
The Faithful Performance Bond shall be in an amount not less than one hundred percent (100 %) of the total estimated amount payable for the improvements described in this Agreement, and shall secure payment to City and the Developer of any loss due to the default of the contractor or its inability or refusal to perform its contract. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the improvements by Developer and acceptance of the improvements by City, to guarantee the repair and replacement of defective material and faulty workmanship. Upon completion of the improvements by Developer and acceptance of the improvements by City, Developer may substitute for the performance bond securing maintenance described above, a separate maintenance bond issued by an admitted surety in 3- 7/25/2017
6.3.b
Packet Pg. 33 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
the amount of ten percent (10 %) of the total contract price of the improvements (provided that the amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one -year maintenance period.
The Payment Bond shall be in an amount not less than one hundred percent (100 %) of the total estimated amount payable for the improvements described in this Agreement. The Payment Bond shall secure the payment of those persons or entities to whom the Developer may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the contractor or subcontractor in performing the work, or taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety will pay the following amounts should the Contractor or a Subcontractor fail to pay the same, plus reasonable attorneys' fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 9100; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the improvements described in this Agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon the bond.
Simultaneously with the submission of its building permit application (Site Clearance), the Developer shall submit the following for both the surety that furnishes the Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current printout from California Department of Insurance's website ( www.insurance.ca.gov) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Santa Clara that the surety's certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended or in the event that it has, that renewed authority has been granted. e. Except as otherwise expressly provided in this Agreement, all plan check and inspection fees which are payable by Developer pursuant to the attached comprehensive fee schedule are due and payable to the City prior to Council approval of the final map of the subdivision. Upon approval of the record of survey or the building permit covering the real estate to be improved and before any work is done therein, the Developer shall pay to the City all other sums payable by Developer pursuant to the attached comprehensive fee schedule.
At all times during the term of this Agreement and until the improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general liability and property damage insurance in the minimum amount of One Million Dollars 1,000,000), combined single limit for both bodily injury and property damage; (b) workers' compensation insurance as required by law; and (c) broad form "Builder's Risk" property damage insurance with limits of not less than 100% of the estimated value of the improvements to be constructed by Developer pursuant to this Agreement.
All such policies shall provide that thirty (30) days written notice must be given in advance to City prior to termination, cancellation or modification. The insurance specified in (a) above shall name City as an additional insured and the insurance specified in (c) shall name City as a loss payee, and shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or Developer's contractors or subcontractors or their respective employees. Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or 4- 7/25/2017
6.3.b
Packet Pg. 34 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
damage arising from a cause covered by the insurance required to be carried pursuant to this Agreement or actually carried by Developer in connection with the work described in this Agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this Agreement, Developer shall deliver to City the insurance company's certificate evidencing the required coverage, or if required by City a copy of the policies obtained.
SECTION 3
That all the provisions of this Agreement and all work to be done pursuant to the terms of this Agreement are to be completed to City's satisfaction within one year from and after the date and year of this Agreement first above written. Developer shall maintain such public works facilities and other improvements described in this Agreement at Developer's sole cost and expense at all times prior to acceptance by City in a manner which will preclude any hazard to life or health or damage to property.
SECTION 4
That the faithful and prompt performance by the Developer of each and every term and condition contained herein is made an express condition precedent to the duty of the City to perform any act in connection with this transaction, and the failure, neglect or refusal of the Developer to so perform, or to pay any monies due hereunder when due shall release the City from any and all obligations hereunder and the City, at its election, may enforce the performance of any provision herein, or any right accruing to the City or may pursue any remedy whatsoever it may have under applicable laws or the Codes, Ordinances, Resolutions, Rules and Regulations of the City, in the event of any such default by Developer.
SECTION 5
That this Agreement, including without limitation the general stipulations outlined in Section 6 below, is an instrument affecting the title or possession of the real property and runs with the land. Except as expressly provided in the second sentence of Item 9 of the general stipulations set forth in Section 6 below (relating to the payment of reimbursement to the original Developer named in this Agreement), all the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City, Developer, the successors in interest of Developer, their respective successors and permitted assigns and all subsequent fees owners of the Property. The obligations of the Developer under this Agreement shall be the joint and several obligations of each and all of the parties comprising Developer, if Developer consists of more than one individual and /or entity. Upon the sale or division of the Property, the terms of this Agreement shall apply separately to each parcel and the fee owners of each parcel shall succeed to the obligations imposed on Developer by this Agreement.
SECTION 6
That the following general stipulations shall be completed subject to the approval of the Public Works Director /City Engineer.
2. The Project shall comply with all Tentative Map conditions and applicable mitigation measures as contained in City Council Resolution 2014 -19 (TM 13 -08 approval).
3. All work within the public right -of -way shall be subject to the approval of the City Engineer. 5- 7/25/2017
6.3.b
Packet Pg. 35 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
4. The Developer shall perform all work in compliance with the City of Gilroy Specifications Standards Design Criteria, Glen Loma Development Agreement and Glen Loma Specific Use District and is subject to all laws of this community by reference. Street improvements and the design of all storm drainage, sewer lines, and all street sections shall be in accordance with City Standards and Glen Loma Specific Plan, Glen Loma Development Agreement and Glen Loma Backbone Plans and shall follow the most current City Master plan for streets and each utility.
The developer shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officer, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative claim, action, or proceeding against it, and will cooperate fully in the defense.
This condition is imposed pursuant to California Government Code Section 66474.9.
6. No occupancy permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the City's Residential Development Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred to as the RDO, any conditions of approval issued in connection with such development or other City requirements applicable to such development; or ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. The project must also comply with any of condition of exemption granted from the RDO, including but not limited to time limits in obtaining City approvals and completion of construction of the dwelling units.
7. The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24 -hour emergency telephone number list.
At least one week prior to commencement of work, the developer shall post the site and mail to owners of property within (500') Five hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Division, a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice.
If the developer proposes to phase construction with building occupancy, the developer shall create, for City Engineer approval prior to first occupancy, a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area separate from occupied residential units.
10. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities.
NOTE: The capping of any well will require inspection by the Santa Clara Valley Water District.
11. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is completed with a minimum interruption to traffic.
12. All work shall be coordinated so that the existing residents on all adjacent streets have access to their properties.
6- 7/25/2017
6.3.b
Packet Pg. 36 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
13. Before construction utilizing combustible materials may proceed, an all- weather access must be provided to within 150 feet of the building site; and at least one in service fire hydrant or other water source acceptable to the Fire Marshal must be available within 150 feet of each portion of the site wherein this construction is to take place. Location of the fire hydrants will be determined by the Fire Chief.
14. A complete construction schedule, which shall include a detailed phasing plan (including traffic control for each proposed phase), shall be submitted and approved by the City Engineer prior to start of construction. Any deviation from the approved construction schedule and phasing plan shall be coordinated with the City Engineer. Deviating from the approved construction schedule and phasing plan without prior coordination with the City Engineer may prolong issuance of further building permits.
a) Upon request by the City Engineer, the developer shall provide information for public outreach purposes, which may include maps and schedules for each phase of construction.
15. The developer shall obtain the required Habitat Conservation Plan (HCP) Permit and pay the applicable fees prior to the issuance of a grading permit or improvement plan approval.
16. One hard copy and electronic copy of the approved /stamped PG &E Joint Trench Composite Plans shall be submitted to the Engineering Division. Should there be a delay in obtaining the PG &E- approved joint trench plans, the Developer will be allowed to commence joint trench work "at- risk". The Developer assumes responsibility for any required redesign, and all costs associated with the redesign and additional city review resulting from the at -risk work completed without PG&E - approved joint trench plans. Design revisions and ultimate joint trench construction shall be completed to the satisfaction of the City Engineer.
17. Site preparation and fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy stating that all site preparation and fill construction meets the requirements of the geotechnical investigation. This shall be subject to review and approval by the Building Division. [CBC]
18. All grading operations and soil compaction activities shall be per the approved soils report and shall meet with the approval of the City Engineer.
19. New and existing utility lines, appurtenances, and associated equipment, including but not limited to electrical transmission, street lighting, and cable television shall be required to be placed underground. [Municipal Code Section 21, Article V]
20. Construction activity shall be restricted to the period between 7:00 a.m. to 7:00 p.m. Mondays through Fridays, Saturday 9:00 a.m. to 7:00 p.m. No work shall be done on Sundays and City Holidays. The City Engineer will apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes.
21. Any damage resulting from project construction operations to existing city infrastructure on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at the full expense of the developer /contractor. This shall include slurry seal, overlay, street reconstruction, and repair to curb, gutter and sidewalk, driveway approach if reasonably deemed warranted by the City Engineer.
7- 7/25/2017
6.3.b
Packet Pg. 37 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
22. This project is subject to post - construction stormwater quality requirements per Section 27D of the Gilroy Municipal Code.
23. Storm water BMP Operation and Maintenance Agreement a) Prior to the issuance of any building permit requiring stormwater management BMPs or as otherwise determined by the City Engineer, the owner(s) of the site shall enter into a formal written Stormwater BMP Operation and Maintenance Agreement with the City. The City shall record this agreement, against the property or properties involved, with the County of Santa Clara and it shall be binding on all subsequent owners of land served by the storm water management treatment BMPs. The City- standard Stormwater BMP Operation and Maintenance Agreement will be provided by Public Works Engineering. b) This Agreement shall require that the BMPs not.be modified and BMP maintenance activities not alter the designed function of the facility from its original design unless approved by the City prior to the commencement of the proposed modification or maintenance activity. c) This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the city shall have the authority to perform maintenance and /or repair work and to recover the costs from the owner.
d) All on -site stormwater management facilities shall be operated and maintained in good condition and promptly repaired /replaced by the property owner(s), an owners' or homeowners' association or other legal entity approved by the City. e) Any repairs or restoration /replacement and maintenance shall be in accordance with City - approved plans.
f) The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Runoff Management Plan.
24. Stormwater BMP Inspections will be required for this project and shall adhere to the following:
a) The property owner(s) shall be responsible for having all stormwater management facilities inspected for condition and function by a knowledgeable third party. b) Unless otherwise required by the City Engineer or designee, stormwater facility inspections shall be done at least twice per year, once in Fall, in preparation for the wet season, and once in Winter. Written records shall be kept of all inspections and shall include, at minimum, the following information:
1. Site address;
2. Date and time of inspection;
3. Name of the person conducting the inspection;
4. List of stormwater facilities inspected;
5. Condition of each stormwater facility inspected;
6. Description of any needed maintenance or repairs; and
7. As applicable, the need for site re- inspection.
8- 7/25/2017
6.3.b
Packet Pg. 38 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
c) Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1 st for the Fall report, and no later than March l 5th of the following year for the Winter report.
25. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. Location of monuments shall be tied out prior to work.
26. In accordance with the California Professional Land Surveyors' Act (Business and Professions Code) Chapter 15 Sections 8771 and 8725, California Penal Code 605, and California Government Code 27581, the developer, their employees, subcontractors, and /or any person performing construction activities that will or may disturb an existing roadway/ street monument, corner stake, or any other permanent surveyed monument shall show all current monuments on the plans and shall ensure that a Corner Record and /or Record of Survey are filed with the County Surveyor Office prior to disturbing said monuments. All disturbed or destroyed monuments shall be reset and filed in compliance with Section 8771 at the developer's sole expense.
27. If there are any reimbursements payable to the Developer, they must be specifically identified in this Agreement. Any such reimbursements shall be payable to the original Developer named in this Agreement above, and shall not inure to the benefit of any subsequent owners of all or any portion of the Property. All reimbursements payable to Developer shall be subject to the City's reimbursement policies and ordinances in effect from time to time, including without limitation any expiration dates identified in such policies and ordinances. Such reimbursement shall be solely contingent upon the availability of the City's Traffic Impact Fee Funds and in no case shall the reimbursement be paid beyond ten (10) years after the execution of the Agreement. In addition to any other conditions, requirements and limitations set forth in the City's reimbursement policies and ordinances from time to time, (i) in no event shall any reimbursements be payable to Developer if City determines in its sole and absolute discretion from time to time that there are not sufficient reserves then on hand in the specific reimbursement fund from which Developer's reimbursement is payable, over and above any amounts anticipated to be required to be expended from such reimbursement fund, which reserves, at a minimum, are equal to at least half of the remaining average yearly anticipated expenditures of such reimbursement fund as determined by City from time to time; (ii) City may, in its sole and absolute discretion, make partial reimbursement payments to Developer in yearly increments, as determined by City; and (iii) City may defer payments in any given year if projects deemed by City to be of high importance are determined by City, in its sole and absolute discretion, to be warranted or necessary, and the funds in such reimbursement fund are designated by the City for use on such projects of high importance. a. If applicable, recycled water system improvements completed by this tract will not be reimbursed until a recycled water reimbursement agreement is fully executed with the City and until such time as the City fully executes a separate recycled water reimbursement agreement with the Santa Clara Valley Water District.
9- 7/25/2017
6.3.b
Packet Pg. 39 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
SECTION 7
That the attached Development Cost Schedule enumerates all fees and their extensions.
TOTAL AMOUNT DUE CITY $ 1.891.663.69 (Minimum. actual amount to be determined
CITY OF GILROY
By:
Gabriel A. Gonzalez
City Administrator
Date: —7s
Shawna Freels, City Cl
APPROVED AS TO FORM:
7A
r
Andrew L. Faber, City orney
DEVELOPER
CalAtlantic Group, Inc., a Delaware
Corporation
By:
Brldgit Koller
Name: Qperationai Vice President
Title:
Date:
NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. 10- 7/25/2017
6.3.b
Packet Pg. 40 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Gilroy, County of Santa Clara, State of California, described as follows:
Parcel 1:
PARCEL D AS SHOWN ON THE MAP ENTITLED "TRACT 10301 WILD CHESTNUT" FILED FOR RECORD ON SEPTEMBER 20, 2017 IN THE BOOK 907 OF MAPS, PAGE(S) 32 -43, SANTA CLARA COUNTY RECORDS.
PARCEL 2:
EASEMENTS AS CONTAINED IN THAT CERTAIN GRANT OF EASEMENT, EXECUTED BY THE CITY OF GILROY, A CALIFORNIA MUNICIPAL CORPORATION, RECORDED OCTOBER 17, 1990 IN BOOK L511, PAGE 1739, AS DOCUMENT NO. 10688433, OFFICIAL RECORDS OF SANTA CLARA COUNTY.
APN: 808 -43 -005 (AFFECTS THIS AND OTHER PROPERTY)
7/25/2017
6.3.b
Packet Pg. 41 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
ENCOMPASS NO:
DATE:
NUMBER:
PROJECT LOCATION:
PARCEL NUMBER:
OWNER /DEVELOPER:
MAILING ADDRESS:
TELEPHONE NO:
PREPARED BY:
Account No.
100- 2601- 0000 -3625
100- 2601 - 0000 -3605
420 - 2600- 0000 -3660
432 - 2600 - 0000 -3660
433 - 2600- 0000 -3660
435 - 2600- 0000 -3660
436 - 2600 - 0000 -3660
440 - 2600 - 0000 -3660
720 - 0433 - 0000 -3620
801 - 2601 -PWDO -3899
801 - 2601 -P W DO -3899
CITY OF GILROY
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
COST ESTIMATE
EFFECTIVE 71112017
E1 15090020 Revised:
Revision Number:
26- Jan -18 Revision By:
Home Ranch TR 10302 na Glen Loma Ranch
East of Santa Teresa Blvd. between Syrah Dr. and Luchessa Ave. 808-43.005
CalAtlantic Group
4750 Willow Road, Suite 150, Pleasanton, CA 94588
925.730 -1339
Payment Bond Amount for all improvements
Performance Bond Amount for all improvements
Total $1,891,663.69
1,996,712
1,996,712
12- 7/25/2017
BKaderi
CyodeFee: Credits: Amount Due: Account DescriptioPaid on Invoice # 4904 2,822.60 2,822.60 Special Public Works Sery
40 %PlnChklnps
4702 174,023.81 69,609.52 $104,414.29 Eng Plan Check & Insp 4501 6,910.80 6,910.80 Storm Development Fee
3301 0.00 0.00 Str Tree Development Fee
4905 473,148.00
r $
473,148.00 Traffic Impact Fee
4509 351,728.00
r $
351,728.00 Sewer Development Fee
4510 90,324.00 90,324.00 Water Development Fee
4515 862,316.00 862,316.00 Public Facility Fee
2202 0.00 0.00 Const Water Use Fee
4703 0.00 0.00 Reimbursements
4703 0.00 0.00 Other Reimbursements
Payment Bond Amount for all improvements
Performance Bond Amount for all improvements
Total $1,891,663.69
1,996,712
1,996,712
12- 7/25/2017
6.3.b
Packet Pg. 42 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
ENCOMPASS NO:
DATE:
NUMBER:
PROJECT LOCATION:
PARCEL NUMBER:
OWNER /DEVELOPER:
MAILING ADDRESS:
TELEPHONE NO:
PREPARED BY:
CITY OF GILROY
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIVISION
COST ESTIMATE
E1 15090020
26- Jan -2018
Home Ranch TR 10302 @ Glen Loma Ranch
East of Santa Teresa Blvd. between Syrah Dr. and Luchessa Ave. 808-43 -005
CalAtlantic Group
4750 Willow Road, Suite 150, Pleasanton, CA 94588
925 - 730 -1339
BKaderi
FINAL ENGINEERING
COST SCHEDULE TYPE: COSTESTINIATE? Y PLANCHECK? N INCENTIVE AGREEMENT ONLY? N DEFER PUBLIC FACILITY FEE? TOPERMIT? N TO FINAL? N
DEFER SEWER, WATER, TRAFFIC FEES ? TO PERMIT? N TO FINAL ? N NOTE: This Preliminary Cost Schedule is an estimate and will be adjusted to the rates in effect atthe time permits are issued.
Site Information: Gross Acres: Lots: Units:
Res idential -Low ?
Res idential -High ?
Commercial -Low ?
Commercial -High ?
Industrial - General ?
Industrial- Warehouse ?
Assembly Hall?
Common Area?
Commercial /Industrial Allocations:
Reimbursements and credits:
Front Footage /Square Footage Charges
Street Tree FF:
0.0 Pavement SF:
0.0 7.800 68
0.000 0
0.000 0
0.000 0
0.000 0
0.000 0
0.000
SewerGPD:
0 Water FF: Sewer FF:
0.0 0.0
Median SF: Sidewalk SF:
0.0 0.0
SPECIAL PUBLIC WORKS SERVICES 100- 2601- 0000 -3625
Maps:
Final Map $1,755.00 + $15.70 / lot
Parcel Map $2,035.00 + $630.00 / lot
Re- assessment Map (Assessment District Parcels)
1,710.00 + $630.00 / lot
Administration Fees:
Cost Schedules, Agreements, RNV Reviews and Other Misc. Services) 0 hr Misc Services $185.00 I hr
Special Staff Analysis
0 hr Special Analysis $14344 hr
52 Water GPD:
0 Sq Ft:
0 0
0 0
0 0
Storm FF: Const Water Acres to be Developed:
0.0 0.000
Curb /Gutter FF: Construction Water FF:
0.0 0,0
2,822.60
Y $2,822.60 Fee ID NO- FINALM
N $0.00 Fee ID NO- PARCELM
N $0.00 Fee ID WASSESM
Y $0.00 Fee ID N -MISC
N $0.00
13- 7/25/2017
6.3.b
Packet Pg. 43 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
ENGINEERING PLAN CHECK & INSPECTION 100 - 2601 - 0000 -3605 COST ESTIMATE
ACTUAL COST OF PUBLIC IMPROVEMENTS FINAL ENGINEERING PLAN CHECK At time of Improvement Plan /Final Map submittal 40% offee is due for Plan Check. Remainder 60% due prior to submittal of Final Map for Council approval
Additional Plan Review After First Three Submittals or Review of Changes, Additions or Revisions to Approved Plans 0 hr Additional Plan Review $143.44 / hr. N $0.00 Fee ID NO- GRADINS 2 Hour Minimum)
Re- Inspection Fee
0 hr Re-Inspection $125.00 I hr. N $0.00 Fee ID NO- GRADINS Inspections outsideofnormal business hours
0 hr Inspection $475.00 +
Based on total cost of improvements)
Estimated Cost of Improvements
12.6% $0
10.5% $100,000
8.4% over
Payment Bond Amount for all improvements
Performance Bond Amountfor all improvements
IMPACT FEES
Storm Drain Impact Fee
a.Residential -Low
b.Residential -High
c.Commercial
d.lndustrial
e.AssemblyHall
Street Tree Fee
a.City Planting and Replacement
3.06 I f.f.
Wnspection and Replacement
0.41 I f.f.
Traffic Impact Fee
a.Residential -Low
b.Residential -High
c.Com m ercial -Low Traffic
10.75 trips 11000 sf)
d.Commercial -High Traffic
10.75 trips /1000 sf)
e.lndustrial- General
f.lndustrial- Warehouse
160.00 / hhr. after 3hrs NN $ 0.00
COST AACTUAL
ESTIMATE CCOST
1,996,712 $ 0
100,000 YY $ 12,600.00 YY $ 0.00
200,000 YY $ 10,500.00 YY $ 0.00
200,000 YY $ 150,923.81 YY $ 0.00
1,996,712
1,996,712
420 - 2600 - 0000 -3660
564.00 / aacre YY $ 0.00
886.00 aacre YY $ 6,910.80
1,528.00 aacre YY $ 0.00
1,128.00 aacre YY $ 0.00
564.00 / aacre YY $ 0.00
432 -2600- 0000 -3660
Fee ID NO- GRADINS
174,023.81
0.00 DIFFERENCE ($174,023.81)
Fee ID NO- PCKINSP
Fee ID NO -SD -LD
Fee ID NO -SD -HD
Fee ID NO -SD -C
Fee ID NO -SD -I
Fee ID NO -SD -AH
Fee ID NO- TREEPLT
Fee ID NO- TREEINS
Fee ID N1- TRAF -LD
Fee ID N2- TRAF -HD
Fee ID N3- TRAF -CL
Fee ID N3- TRAF -CH
Fee ID N4- TRAF -IG
Fee ID N4- TRAF -IW
6,910.80
0.00 473,148.00
14- 7/25/2017
6.3.b
Packet Pg. 44 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
Sewer Impact Fee 435- 2600 -0000 -3660 351,728.00
a.Residenbal -Low $12,501.00 I unit Y 0.00 Fee ID N1 -SS -LD b.Residential -High $6,764.00 I unit Y 351,728.00 Fee ID N2 -SS -HD c.CommercialAndustrial $3,956.00 I cgpd Y 0.00 Fee ID N5 -SS -CA Water Impact Fee 436 - 2600- 0000 -3660 90,324.00
a.Residential -Low $4,294.00 I unit Y 0.00 Fee ID N1- WATR -LD b.Residential -High $1,737.00 unit Y 90,324.00 Fee ID N2- WATR -HD c.CommercialAndusVial $6,731.00 I kgpd Y 0.00 Fee ID N5- WTR -CA Public Facilities Impact Fee 440 - 2600 - 0000 -3660 862,316.00 a.Residenlial -Low $19,710.00 I unit Y 0.00 Fee ID N1 -PF -LD b.Residential -High $16,583.00 I unit Y 862,316.00 Fee ID N2 -PF -HD c.Commercial $2,970.00 I k.s.f. Y 0.00 Fee ID N3 -PF -C d.Industrial $1,315.00 I k.s.f. Y 0.00 Fee ID N4 -PF -I Water User Fee (Construction) 720- 0433 -0000 -3620 Y 0.00
3.00 I f.f. 0.00 Fee ID NO- CONWfFF
plus
182.73 I a.c. 0.00 Fee ID NO- CONWTAC
FRONT FOOT CHARGES (Used to charge and reimburse fees for existing infrastructure) The Half Pipe schedule is used to determine the frontfootage reimbursement to former developers for infrastructure previously installed along the frontfootage of the development.
The Full Pipe schedule is used to determine the oversizing reimbursement to the developer for installing water, sewer, and storm main extensions to sizes required by each master plan that are greater than the sizes required by the development The oversized portion is the difference between the master planned size for the main and the greater ofthe main size required by the development or the developer's minimum responsibility for each main.
Water 801- 2601 -PWDO -3899 0.00
Water Mains - including fire hydrants, valves, valve boxes and other pertinences.
Developer responsibility is up to and including 12" mains Half Pipe Lineal Footage
6 inch Main $39.00 / LF x N 0.0 = 0.00 Fee ID N- WR06 -1/2 8 inch Main $41.00 / LF x N 0.0 = 0.00 Fee ID N- WR08 -1/2 10 inch Main $47.00 / LF x N r 0.0 = 0.00 Fee ID N- WR10 -1/2 12 inch Main $52.00 / LF x N r 0.0 = 0.00 Fee ID N- WR12 -1/2 14 inch Main $57.00 I LF x N r 0.0 = 0.00 Fee ID N- WR14 -1/2 16 inch Main $62.00 I LF x N r 0.0 = 0.00 Fee ID N- WR16 -1/2 18 inch Main $68.00 I LF x N r 0.0 = 0.00 Fee ID N- WR18 -1/2 20 inch Main $76.00 I LF x N r 0.0 = 0.00 Fee ID N- WR18 -1/2 24 inch Main $82.00 I LF x N r 0.0 = 0.00 Fee ID N- WR24 -1/2 30 inch Main $91.00 I LF x N r 0.0 = 0.00 Fee ID N- WR30 -1/2 36 inch Main $106.00 / LF x N r 0.0 = 0.00 Fee ID N- WR36 -1/2 15- 7/25/2017
6.3.b
Packet Pg. 45 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
Front Foot Charges Continued Used to charge and reimburse fees for existing infrastructure) Sewer 801- 2601 -PWDO -3899
Sewer Mains - including manhole and other pertinences.
Developer responsibility is up to and including 12" mains.
Half Pipe Lineal Footage
6 inch Main 73.00 I LFx N 0.0 = 0.00 Fee ID N- SS06 -12 8 inch Main 75.00 I LFx N 0.0 = 0.00 Fee ID N- SS08 -12 10 inch Main 81.00 I LFx N 0.0 = 0.00 Fee ID N- SS10 -12 12 inch Main 83.00 I LFx N 0.0 = 0.00 Fee ID N- SS12 -12 15 inch Main 87.00 I LFx N 0.0 = 0.00 Fee ID N- SS15 -12 18 inch Main 93.00 I LFx N 0.0 = 0.00 Fee ID N- SS18 -12 21 inch Main 102.00 I LFx N 0.0 = 0.00 Fee ID N- SS21 -12 24 inch Main 106.00 I LFx N ' 0.0 = 0.00 Fee ID N- SS24 -12 27 inch Main 122.00 I LFx N F 0.0 = 0.00 Fee ID N- SS27 -12 30 inch Main 144.00 I LFx N 0.0 = 0.00 Fee ID N- SS30 -12 33 inch Main 158.00 I LFx N 0.0 = 0.00 Fee ID N- SS33 -12 36 inch Main 178.00 I LFx N r 0.0 = 0.00 Fee ID N- SS36 -12 39 inch Main 212.00 LFx N 0.0 = 0.00 Fee ID N- SS39 -12 42 inch Main 265.00 I LFx N 0.0 = 0.00 Fee ID N- SS42 -12 Street Improvements 801- 2601 -PWDO -3899
Pavement. Sidewalks & Medians Square Footage
AC /Bike path: base 2.55 I SFx N 0.0 = 0.00 Fee ID N- STR -ACB AC/Bike path: pvmt 2.50 I SFx N 0.0 = 0.00 Fee ID N- STR -ACP Sidewalk: new 9.75 I SFx N 0.0 = 0.00 Fee ID N- STR -S/W Sidewalk: replace 13.25 1 SFx N 0.0 = 0.00 Fee ID N- STR -SMR Resurfacing 2.55 I SFx N 0.0 = 0.00 Fee ID N- STR -RESU Landscaped Median 20.35 I SFx N 0.0 = 0.00 Fee ID N- STR -LANM Hardscaped Median 11.63 I SFx N 0,0 = 0.00 Fee ID N- STR -HARD Traffic Signals (equipment only) of Lump Sum
Traffic Signal -3 leg 130,200.00 I LS x N 0% = 0.00 Fee ID N- STR -TS3L Traffic Signal -4 leg 158,500.00 I LS x N 0% = 0.00 Fee ID N- STR -TS4L Curb and Gutter Lineal Footage
Curb /Gutter: new 25.85 LFx N 0.0 = 0.00 Fee ID N- STR -C /G Curb /Gutter: replace 33.40 I LF x N 0.0 = 0.00 Fee ID N- STR -C /GR Curb Ramps 1,057.63 I LFx N r 0.0 = 0.00 Fee ID N- STR -CR
0.00 0.00
16- 7/25/2017
6.3.b
Packet Pg. 46 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
Front Foot Charges Continued Used to charge and reimburse fees for eAsting infrastructure) Storm Drain 801- 2601 -PWDO -3899
Storm Mains - including manholes, catch basins and other pertinences.
Developer responsibility is up to and including 24" mains.
Half Pipe Lineal Footage
18 inch Main 63.00 LFx N r 0.0 = 0.00 Fee ID N- SD18 -1/2 21 inch Main 69.00 I LF x N 0.0 = 0.00 Fee ID N- SD21 -1/2 24 inch Main 70.00 LFx N r 0.0 = 0.00 Fee ID N- SD24 -1/2 27 inch Main 82.00 LF x N 0.0 = 0.00 Fee ID N- SD27 -1/2 30 inch Main 89.00 LF x N 0.0 = 0.00 Fee ID N- SD30 -1/2 33 inch Main 91.00 LFx N r 0.0 = 0.00 Fee ID N- SD33 -1/2 36 inch Main 95.00 I LF x N 0.0 = 0.00 Fee ID N- SD36 -1/2 42 inch Main 99.00 LFx N 0.0 = 0.00 Fee ID N- SD42 -1/2 48 inch Main 117.00 LFx N r 0.0 = 0.00 Fee ID N- SD48 -1/2 54 inch Main 137.00 LFx N r 0.0 = 0.00 Fee ID N- SD54 -1/2 60 inch Main 158.00 LFx N r 0.0 = 0.00 Fee ID N- SD60 -1/2 66 inch Main 179.00 LFx N r 0.0 = 0.00 Fee ID N- SD66 -1/2 72 inch Main 200.00 LF x N r 0.0 = 0.00 Fee ID N- SD72 -1/2 78 inch Main 216.00 LFx N r 0.0 = 0.00 Fee ID N- SD78 -1/2 84 inch Main 231.00 LFx N v 0.0 = 0.00 Fee ID N- SD84 -1/2 90 inch Main 246.00 LF x N r 0.0 = 0.00 Fee ID N- SD90 -1/2 96 inch Main 261.00 LFx N r 0.0 = 0.00 Fee ID N- SD96 -1/2 NOTE: Al deferred and /or estimated fees will be adjusted to the rates in effect at the time fees are paid.
The undersigned agrees to provide actual construction costs for recalculation of fees and payanyunderestimated fees priorto final acceptance. If the recalculated fees are less than the estimate, the CityofGilroywill refund the difference.
Additional plan review required bychanges, additions or revisions to approved plans, reinspections and inspections outside of normal business hours will be billed as shown in the City of Gilroys most current compnsiv ee schedule at the hourly rates in effectatthe time of inspection. / / 1
Accepted by:
0.00 rl
Print Name: Operationdal tViceiPresident
Date: q I
17- 7/25/2017
6.3.b
Packet Pg. 47 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
OVERSIZING SCHEDULE (Used to reimburse oversized infrastructure) Total Oversized Water, Sewer and Storm Drain Main Reimbursement Total Oversized Water Main Reimbursement Developer is responsible for up to and including 12" mains) $0.00 Oversized Minimum 12" main Oversized
Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 14 inch Main 114.00 104.00 x 0 0 = 0.00 N
16 inch Main 124.00 104.00 x 0.0 = 0.00 N
18 inch Main 135.00 104.00 x 0.0 = 0.00 N
20 inch Main 151.00 104.00 x 0.0 = 0.00 N
24 inch Main 164.00 104.00 x 0.0 = 0.00 N
30 inch Main 182.00 104.00 x 0.0 = 0.00 N
36 inch Main 211.00 104.00 x 0.0 = 0.00 N
Total Oversized Sewer Main Reimbursement Developer is responsible for up to and including 12" mains) 0.00 Oversized Minimum 12" main Oversized
Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 15 inch Main 174.00 166.00 x 0.0 = 0.00 N
18 inch Main 186.00 166.00 x 0.0 = 0.00 N
21 inch Main 204.00 166.00 x 0.0 = 0.00 N
24 inch Main 211.00 166.00 x 0.0 = 0.00 N
27 inch Main 244.00 166.00 x 0.0 = 0.00 N
30 inch Main 287.00 166.00 x 0.0 = 0.00 N
33 inch Main 315.00 166.00 x 0.0 = 0.00 N
36 inch Main 356.00 166.00 x 0.0 = 0.00 N
39 inch Main 423.00 166.00 x 0.0 = 0.00 N
42 inch Main 529.00 166.00 x 0.0 = 0.00 N
Total Oversized Storm Drain Main Reimbmnt Developer is responsible for up to and including 24" mains) 0.00 Oversized Minimum 24" main Oversized
Full Pipe $/foot Full Pipe $/foot Oversized Footage Reimbursement 27 inch Main 164.00 140.00 x 0.0 = 0.00 N
30 inch Main 177.00 140.00 x 0.0 = 0.00 N
33 inch Main 182.00 140.00 x 0.0 = 0.00 N
36 inch Main 189.00 140.00 x 0.0 = 0.00 N
42 inch Main 197.00 140.00 x 0.0 = 0.00 N
48 inch Main 233.00 140.00 x 0.0 = 0.00 N
54 inch Main 273.00 140.00 x 0.0 = 0.00 N
60 inch Main 315.00 140.00 x 0.0 = 0.00 N
Oversizing Schedule Continued (Used to reimburse oversized infrastructure) 18- 7/25/2017
6.3.b
Packet Pg. 48 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
Oversized Storm Drain Main Reimbmnt Continued
90 inch Main $492.00 $140.00 x 0.0 = $0.00 N
96 inch Main $522.00 - $140.00 x
r
0.0 = $0.00 N
l 9- 7/25/2017
Oversized Minimum 24" main Oversized
Full Pipe $ /foot Full Pipe $ /foot Oversized Footage Reimbursement 66 inch Main 357.00 140.00 x 0.0 = 0.00 N
72 inch Main 399.00 140.00 x ' 0.0 = 0.00 N
78 inch Main 431.00 140.00 x 0.0 = 0.00 N
84 inch Main 461.00 140.00 x 0.0 = 0.00 N
90 inch Main $492.00 $140.00 x 0.0 = $0.00 N
96 inch Main $522.00 - $140.00 x
r
0.0 = $0.00 N
l 9- 7/25/2017
6.3.b
Packet Pg. 49 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF Alameda
On January 31, 2018 , before me, Elizabeth Neal, Notary Public here insert name and title of the officer)
personally appeared Bridgit Koller
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are- subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /them authorized capacity(ies), and that by his/her4c4 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ELIZABETH NEAL11Xa4dt ' Not Public - California z
Signature c' Alameda County
Commission # 2187347
My Comm. Expires Mar 20, 2021 (SEAL)
2294- 00169\FORM\1227861.1
10/29/14
6.3.b
Packet Pg. 50 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
AL FOR J14 ALL- PURPOSE AC,KMOV"JLEDGM MT Cll:I!.. CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of s i C 7arG )
On March &'I 2-Mg before me, Sondra F. WaV6,
I ANo rV PubI c ,
Date Here Insert Name and Title of the Officer
personally appeared Go n Z a\ e Z
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /shd /they executed the same in his /h.ee /their authorized capacity.(ies), and that by his /ho.er /t eir signatureWon the instrument the persort(s), or the entity upon behalf of which the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
SANDRA E. NAVA WITNESS my hand and official seal.
Commission # 2086119
Z ; -s Notary Public - California z
Z Santa Clara County ' Signature
My Comm. Ex Tres Nov 11, 2018 Signature of Notary Public Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document - oOS -oz
Title or Type of Document: r ert --,n,rcovtmen-r At eemevvl tau' Document Date: 'Feocg'acu L6, 2016 Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800--876 -6827) Item #5907
6.3.b
Packet Pg. 51 Attachment: PIA No. 2018-02 (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
SEPARATE PAGE PURSUANT TO GOVT. CODE 27361.6 RECORDING REQUESTED BY: City of Gilroy WHEN RECORDED MAIL TO: Thai Pham City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN that work agreed to be performed under the property agreement between the City of Gilroy, a municipal corporation, whose address is 7351 Rosanna Street, Gilroy, CA 95020, and the Contractor mentioned below who developed said project, was accepted as completed by the City of Gilroy on the .
Project No.: Property Improvement Agreement No. 2018-02, Project Name Tract 10302 Home Ranch Contractor Name: Lennar Homes of California, Inc
Contractor Address: 2603 Camino Ramon, Suite 525 San Ramon, CA 94583 Surety on Contract: Liberty Mutual Insurance Company
Location of Project: Glen Loma Ranch, Tract 10302
Description of Work: Tract Improvements Interest of City: x Owner in Fee: Vendee under Agreement to Purchase; Lessee; x Owner of Easements; Holder of License; Owner of Streets; x Owner of Utilities, Water, Sewer, Storm Systems Owner's Name: City of Gilroy Work Done: Install underground utilities, electrical, landscape, and open space __________________________________________________________ This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned declares: That he is an officer of the City of Gilroy, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters that he believes it to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Gilroy, County of Santa Clara, State of California on June 7, 2022. CITY OF GILROY STATE OF CALIFORNIA COUNTY OF SANTA CLARA BY Gary Heap TITLE City Engineer. This document is for the benefit of the City of Gilroy. Request for Recordation without fee is made in accordance with Section 27383 of the Government Code of the State of California.
6.3.c
Packet Pg. 52 Attachment: NOC_Home Ranch (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
SEPARATE PAGE PURSUANT TO GOVERNMENT CODE SECTION 27361.6
RECORDING REQUESTED BY: )
)
City of Gilroy )
)
)
)
WHEN RECORDED, MAIL TO: )
Thai Pham, City Clerk )
City of Gilroy )
7351 Rosanna Street )
Gilroy, CA 95020 )
RECORDED WITHOUT FEE PER CALIFORNIA GOVERNMENT CODE SECTION 27383
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF ACCEPTANCE OF COMPLETION
PROPERTY IMPROVEMENT AGREEMENT NO. 18-02
PROJECT NAME - Tract 10302, Home Ranch:
DEVELOPER NAME : Lennar Homes of California (Formerly CalAtlantic)
6.3.c
Packet Pg. 53 Attachment: NOC_Home Ranch (3772 : NOC Tract 10302 Home Ranch Tract Acceptance)
City of Gilroy
STAFF REPORT
Agenda Item Title: Approval of the First Extension Term of the Agreement for Golf Course Services with Gilroy Golf Course, Inc.
Meeting Date: June 6, 2022
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis
Prepared By: Bryce Atkins
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Approve the agreement extension.
BACKGROUND
In 2017, the City of Gilroy (“City”) entered into a new agreement with Gilroy Golf Course, Inc. (“Operator”), whereby the Operator operated and maintained the Gilroy Golf Course facility. In exchange for operating the Golf Course, the Operator is to provide rents, and perform certain maintenance and services on the facility.
The initial agreement was for five years, running from July 1, 2017 through June 30, 2022. The contract grants the ability to exercise three extended term options, each for a
6.4 Packet Pg. 54
five-year added term. If all three were to be exercised, then the total length of the agreement would reach twenty years.
ANALYSIS
With the approaching completion of the original term of the agreement, staff and the Operator have had a meeting to discuss the contract, and shared interest in continuing the terms and conditions of the agreement. Per the agreement, the First Extension Term option would be entered into to continue the contract for an additional five years.
By exercising the option, the same terms and conditions would continue. This includes the increase of rent based on the Consumer Price Index for the Bay Area, as outlined i n the Agreement.
ALTERNATIVES
Council may reject entering into the First Extension Term with the Operator. This is not recommended. The Operator and the City worked collaboratively on the agreement and its terms. The experience with the Operator has been p ositive. If not extended, the City would either need to bid, select and contract with a different operator; operate the Gilroy Golf Course with City staff; or cease operating the Golf Course.
FISCAL IMPACT/FUNDING SOURCE
If approved, the City would continue to receive revenue into the Golf Course Fund. This fiscal year to-date, $30,000 in revenue has been received, with more to be received before fiscal year-end. In FY21, the City received $40,000.
CONCLUSION
For the Gilroy Golf Course’s continued operatio ns with the same contractual terms and conditions, a term extension option must be approved. Without the extension as contemplated by the original agreement, the City and the Operator would enter into an uncertain arrangement which could cause the terminat ion of golf recreation at the City- owned course.
6.4 Packet Pg. 55
City of Gilroy
STAFF REPORT
Agenda Item Title: Third Amendment to Agreement for Services with Alpine Landscapes for Community Facilities District (CFD) Landscape Maintenance Services
Meeting Date: June 6, 2022
From: Jimmy Forbis, City Administrator
Department: Public Works Department
Submitted By: Daryl Jordan
Prepared By: Michael Lewis
Michael Lewis
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Approve an amendment with Alpine Landscapes to extend their scope of work and increase their contract capacity by $44,240 to a total of $306,717 for Community Facilities District (CFD) landscape maintenance services.
EXECUTIVE SUMMARY
The City of Gilroy currently contracts with Alpine Landscapes to provide landscape maintenance to Community Facilities District (CFD) sites. This approval followed a
6.5 Packet Pg. 56
formal bid process and evaluation of several vendors. The annual contract amount awarded for CFD maintenance is $262,477.
Since the signing of the original contract, several changes have occurred which necessitate a comprehensive amendment to the original contract. Harvest Park II and Cougar Court are two new sites that will need to be added to the existing Maintenance Services Contract, as well as an increase to some supplemental repairs is recommended
An amendment is being requested to satisfy the aforesaid conditions. There continues to be sufficient funds to pay for these services through the collection of CFD assessments.
BACKGROUND
City Council approved a landscape maintenance contract with Alpine Landscapes on January 8, 2018 to augment landscape services throughout the City of Gilroy’s CFD areas. The contract with Alpine expires on February 28, 2023.
New developments are required to include stormwater runoff Best Management Practices (BMPs) which are mostly landscaped infiltration treatment facilities and control measures. The most common BMPs in Gilroy are bio-swales and bio-detention basins for managing stormwater runoff generated by developments. Best maintenance practice regulations require mechanical, and not pesticide control of weeds, rodents and other vegetation. Manual trash and sediment removal are routine service requirements including maintenance reports. In order to effectively manage these Stormwater Management (SWM) treatment areas, Community Facilities District (CFD) sites have been created.
The Community Facilities District is a financing mechanism for developments that do not have Homeowners’ Associations (HOAs) that would otherwise manage development required landscape elements. As such, the CFD contract cost is heavily impacted by the rigorous, manual maintenance required for these facilities.
The City’s current contract with Alpine Landscapes provides landscape maintenance for CFD sites in the city. The CFD landscape site maintenance expenses are paid out of Fund 266 (City-Wide Fund). Residential properties in the CFD areas are assessed the cost to maintain sites under the district financing procedures.
ANALYSIS
Alpine continues to provide the City with excellent maintenance services and has proven to be responsive with any needs that arise. Parks staff has been pleased by the quality of work Alpine provides to the maintenance and upkeep of several landscape areas.
6.5 Packet Pg. 57
To continue the services outlined in the contract, staff is recommending an amendm ent be approved to include the following in the scope:
• The addition of Harvest Park II ($11,532/annually)
• The addition of Cougar Court ($27,708/annually) and
• An increase in supplemental repairs and maintenance as needed ($5,000/annually)
The revised total not-to-exceed annual contract amount under this amendment is $306,717.
ALTERNATIVES
Council could choose not to extend the agreement with Alpine Landscapes. Not using Alpine Landscapes for this work would require an increase in staff time and would diver t resources from other core services.
FISCAL IMPACT/FUNDING SOURCE
Annually, budgets need to be evaluated for the cost of added sites and the addition of expenditure resources when a determination can be made for new CFD sites that will need City care. Once this evaluation occurs, the amount of the CFD assessment may be adjusted to ensure that adequate revenues are generated to support CFD services.
There are sufficient funds and budgetary appropriations in Fund 266 (City-Wide Fund) to pay for this contract increase for FY22 and staff will plan to adjust the CFD assessment for the upcoming year appropriately and expects to have sufficient budgetary appropriations in the fund to accommodate the additional scope.
It has never been the intent of this contract to displace any permanent City staff positions. The sole intent is to continue to use existing contracted landscape services.
Should conditions change which would warrant a reduction in services, the scope of this contract could be reduced with appropriate notice to contractor.
As such, the total increase requested is as follows:
Current Annual Contract Amount = $262,477
Increase to Annual Amount = $ 44,240
o Harvest Park II - $11,532
o Cougar Court - $27,708
o Supplemental - $5,000
Revised Annual Contract Amount = $306,717
6.5 Packet Pg. 58
NEXT STEPS
With Council approval of the scope of work and funding increase, staff will finalize the amendment to the agreement and complete the approval process.
Attachments:
1. Alpine Third Amendment Draft
2. Alpine Landscapes - CFD Parks_Landscape Maintenance Services
3. First Amendment with Alpine Landscapes
4. Amend_No.2_-_Alpine_Landscapes_-_CFD_Landscape_Maintenance_Services.sd
6.5 Packet Pg. 59
-1- 4845-8215-5540v1
MDOLINGER\04706083
THIRD AMENDMENT TO AGREEMENT FOR SERVICES WITH ALPINE LANDSCAPES
FOR COMMUNITY FACILITIES DISTRICT (CFD) LANDSCAPE MAINTENANCE
SERVICES
This Third Amendment to the Agreement for Services (“Third Amendment”) is made and entered into as of May 1, 2022 (“Effective Date”), by and between the City of Gilroy, a California municipal corporation (“CITY”), and Alpine Landscapes (“CONTRACTOR”).
WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Alpine Landscapes entered into that certain agreement entitled Agreement with Alpine Landscapes for Community Facilities District (CFD) Landscape Maintenance effective on March 1, 2018 hereinafter referred to as “Original Agreement”; and
WHEREAS, City and Alpine Landscapes have determined it is in their mutual interest to amend certain terms of the Original Agreement.
NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:
1. Exhibit D of the Original Agreement shall be amended by the addition of the following sites to the Scope of Work:
• Harvest Park II Cohansey Ave Median Only
• Cougar Court
2. Article COMPENSATION (Consideration) of the Original Agreement shall be amended to read as follows:
Consideration
“In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit “D” (Payment Schedule”). In no event however shall the total annual compensation paid to CONTRACTOR exceed $306,717.00.”
3. This Amendment shall be effective on May 1, 2022.
4. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.
5. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.
6.5.a
Packet Pg. 60 Attachment: Alpine Third Amendment Draft (3802 : Third Amendment to Agreement for Services with Alpine Landscapes for CFD Maintenance)
-2- 4845-8215-5540v1
MDOLINGER\04706083
CITY OF GILROY ALPINE LANDSCAPES
By: By:
[signature] [signature]
Jimmy Forbis Ryan Dinsmore
[employee name] [name]
City Administrator President/Owner
[title/department] [title]
Date: Date:
Approved as to Form ATTEST:
City Attorney City Clerk
6.5.a
Packet Pg. 61 Attachment: Alpine Third Amendment Draft (3802 : Third Amendment to Agreement for Services with Alpine Landscapes for CFD Maintenance)
AGREEMENT FOR SERVICES
For contracts over $5,000 — NON - DESIGN, NON - ENGINEERING TYPE CONTRACTOR) This AGREEMENT made this 4 day of January, 2018, between:
CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONTRACTOR: Alpine Landscapes, having a principal place of business at 8595 Murray Ave., Gilroy, CA 95020.
TERM OF AGREEMENT
This Agreement will become effective on March 1, 2018 and will continue in effect through February 28, 2021 unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. '7 Initial
INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONTRACTOR is an independent contractor and not an employee, agent, joint venture or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes.
CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement.
SERVICES TO BE PERFORMED BY CONTRACTOR
Specific Services
CONTRACTOR agrees to: Perform the services as outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule ").
Method of Performing Services
CONTRACTOR shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONTRACTOR'S services.
6.5.b
Packet Pg. 62 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
Employment of Assistants
CONTRACTOR may, at the CONTRACTOR'S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR'S assistants in the performance of those services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding.
Place of Work
CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR'S services.
COMPENSATION
Consideration
In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event however shall the total compensation paid to CONTRACTOR exceed $262,480.00.
Invoices
CONTRACTOR shall submit invoices for all services rendered.
Payment
Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONTRACTOR has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A", Section M incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties.
Expenses
CONTRACTOR shall be responsible for all costs and expenses incident to the performance pf services for CITY, including but not limited to, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR'S costs of doing business. CITY shall not be
6.5.b
Packet Pg. 63 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A."
OBLIGATIONS OF CONTRACTOR
Tools and Instrumentalities
CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY.
Workers' Compensation
CONTRACTOR agrees to provide workers' compensation insurance for CONTRACTOR'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONTRACTOR'S employees.
Indemnification of Liability, Duty to Defend
As to all liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONTRACTOR or CONTRACTOR'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
Insurance
In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof. As a condition precedent to CITY'S obligations under this Agreement, CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms.
Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion.
6.5.b
Packet Pg. 64 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
State and Federal Taxes
The CONTRACTOR is not a CITY'S employee; CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that:
CITY will not withhold FICA (Social Security) from CONTRACTOR'S payments; CITY will not make state or federal unemployment insurance contributions on CONTRACTOR'S behalf;
CITY will not withhold state or federal income tax from payment to CONTRACTOR; CITY will not make disability insurance contributions on behalf of CONTRACTOR; CITY will not obtain workers' compensation insurance on behalf of CONTRACTOR.
Prevailing Wage
The CONTRACTOR agrees and acknowledges that it is its obligation to determine whether, and to what extent, the work performed under this Agreement is subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of the City and the laws of the State of California, the United States, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage laws. The CONTRACTOR shall ensure that all subcontractors are informed and are required to pay prevailing wages in compliance with the California Labor Code and the regulations thereunder. It shall be the duty of the CONTRACTOR to post a copy of applicable prevailing wages at the job site. Prevailing wage information may be obtained at www.dir.ca.gov .
OBLIGATIONS OF CITY
Cooperation of City
CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR'S duties under this Agreement.
Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assignment shall not release CONTRACTOR from any of CONTRACTOR'S duties or obligations under this Agreement.
TERMINATION OF AGREEMENT
Sale of CONTRACTOR's Business/ Death of CONTRACTOR.
CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to
6.5.b
Packet Pg. 65 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale.
If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR.
Termination by City for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following:
1. CONTRACTOR'S failure to professionally and /or timely perform any of the services contemplated by this Agreement.
2. CONTRACTOR'S breach of any of its representations, warranties or covenants contained in this Agreement.
CONTRACTOR shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR'S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant to this Agreement.
Termination for Failure to Make Agreed -Upon Payments
Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONTRACTOR, at the CONTRACTOR'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONTRACTOR to CITY.
Transition after Termination
Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONTRACTOR's duties by any new CONTRACTOR hired by the CITY to complete such services.
6.5.b
Packet Pg. 66 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
GENERAL PROVISIONS
Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto.
Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONTRACTOR shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ("the Act ") in its current form and as it may be amended from time to time. CONTRACTOR shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either.
Attorneys' Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.
Compliance with Laws
The CONTRACTOR shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor.
Conflict of Interest
6.5.b
Packet Pg. 67 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement.
Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY.
Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California.
Notices
Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
Time of the Essence
All dates and times referred to in this Agreement are of the essence.
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CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONTRACTOR:
Alpine Landscape
By:
Name: R Dinsmore
Title: President /Owner
Social Security or Taxpayer
Identification Number 770295843
Approved as to Form
1-\<-A - - -
City Attorney
CITY:
CITY OF GILROY
By:
Name: Gabriel Gonzalez Os
Title: City Administrator
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EXHIBIT "A"
SPECIFIC PROVISIONS
PROJECT MANAGER
CONTRACTOR shall provide the services indicated on the attached Exhibit "B", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONTRACTOR agrees to assign Bill Headley, Parks Supervisor, who will act in the capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement.
NOTICE TO PROCEED /COMPLETION OF SERVICE
NOTICE TO PROCEED
CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e -mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Bill Headley, Parks Supervisor shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ".
COMPLETION OF SERVICES
When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not completed all of such Services as required by this Agreement, CITY shall so inform CONTRACTOR within this two (2) week period.
PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ".
PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement. 4835- 2267 -03610
LAC104706083
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Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY.
CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses.
OTHER PROVISIONS
STANDARD OF WORKMANSHIP
CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR'S representations . and warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well - organized, technically and grammatically correct, and checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes.
RESPONSIBILITY OF CONTRACTOR
CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR'S negligent performance of any of the services furnished under this Agreement.
RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. 4835- 2267- 0361v1
LAC104706083
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CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR'S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.
NO PLEDGING OF CITY'S CREDIT.
Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.
OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may retain and use copies thereof subject to Section V.D of this Exhibit "A".
CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT.
NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.
4835- 2267- 0361v1
LAC\04706083 _3_
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NOTICES.
Notices are to be sent as follows:
CITY: Bill Headley, Parks Supervisor
City of Gilroy
7351 Rosanna. Street
Gilroy, CA 95020
CONTRACTOR: Ryan Dinsmore, President/Owner
Alpine Landscapes
8595 Murray Avenue
Gilroy, CA 95020
FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply.
Q If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply.
DBE Program
CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs.
Cost Principles
Federal Acquisition Regulations in Title 48, CFR 3 1, shall be used to determine the allowable cost for individual items.
Covenant against Contingent Fees
The CONTRACTOR warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
4835 - 2267- 0361v1 _4_
LACW4706083
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vzylt i4%e-
4835 - 2267 -0361v1
LAC104706083 -5-
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EXHIBIT "B"
SCOPE OF SERVICES
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LANDSCAPE STANDARDS AND SPECIFICATIONS
1. Landscape Maintenance Areas
Landscape maintenance areas shall consist of parks, landscaped City facilities, slope areas, medians, streetscapes, and trails, drainage channels, identified in the Contract Landscape Location Information Sheets. These areas shall include, but not limited to all turf, trees, shrubs, ground covers, planters, slopes, vines, sidewalks, paths, courts, courtyards, parking lots, roadways, medians, opens space areas, gutters, v- ditch, bike trails, street barriers, fence lines and irrigations systems.
2. Normal Hours and Days of Maintenance Services
a. Contractor shall perform the required maintenance service daily between the hours of 7:00 a.m. and 6:00 p.m., five days per week. No maintenance functions that generate excess noise, which would cause annoyance to residents of the area before 8am. b. The Contractor shall conduct the work at all times in a manner which will not interfere with normal recreation programs, special events, pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets. c. Any modification in the hours and days of maintenance services as stated in the Contractor's Service Schedules/ Calendars are subject to approval by the City.
3. Personnel
a. Positive public relations are an important part of this contract service. Services provide under the CFD landscape service contact are a critical part of providing and maintaining these important public use facilities. Contract staff serves a vital role in delivering these public services. Contract staff must maintain both professional image and behavior whenever in contact with citizens. Contract staff shall be trained on how to handle public contact and provide the appropriate customer service. Contract staff must always maintain a neat and clean appearance and be easily identified by some type of company uniform. b. A background review and security clearance for all on -site contract employees is required.
Contractor shall provide all needed information to the City's representative and make employees available for forger printing at a site to be determined. Contractor shall provide any background information needed for Department of Justice (DOJ) and Department of Motor Vehicles (DMV) drivers' record review. Further, a one -time drug testing or evidence of drug screening maybe required for background review. All cost for background checks will be paid by contractor.
c. The Contractor shall provide personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustments, and repair; in all types of components to include irrigation controllers, valves, moisture sensing devices, and sprinkler heads; and with all brands and models of irrigation equipment used within the City. d. The Contractor shall provide personnel knowledgeable of, and be proficient in, current water management concepts, with the capability of working with City staff in implementing more advanced water management strategies.
e. The Contractor shall provide personnel capable of verbal and written communication in professional level English. Site Supervisor and Irrigation Tech shall have cell phone with email access.
f. The City expects the Contractor's staff to give to city representative(s) all items lost or
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misplaced by the general public, regardless of perceived value found on contract sites. The Contractor shall communicate this expectation to all employees. g. Contract employees shall carry an ID badge with their photo provided by the City Human Resources Department. Contract employees shall produce photo ID when requested. h. The City will provide mandatory BMP training for all contract landscape maintenance staff regarding storm water management and operational best practices. City will provide Spanish/English translator.
i. A contractor's representative shall attend City's annual traffic safety class.
4. Service Changes
The City reserves the right to make additions, deletions, revisions and /or otherwise modify the General and Specific Landscape Maintenance Specifications or change the frequency of the services during the contract period. A Request for Quote will be issued for additional service work or one time contract work. A change order will be issued with a two -week notice. Any change in Specification that causes the contractor to suffer additional expenses shall be adjusted based on the fee schedule or negotiated upon written justification.
5. Vandalism and Repair of Damage
Contractor shall report any damage to City property, including but not limited to, vandalism, acts of God, and third party negligence, to the City representative.
If the Contractor, its employees or subcontractors cause damage to any City facility then the Contractor shall repair such damage at its own cost within a reasonable time or the City may repair or cause the repair of such damage and the cost thereof shall be deducted from monies due to the Contractor from the City.
6. Protection of Existing Sites and Structures
The Contractor shall exercise due care in protecting from damage all existing sites, structures and utilities both above surface and underground on the City's property. Any damage to City property . deemed to be caused by the Contractor's negligence or failure to use due care shall be corrected or paid for by the Contractor at no cost to the City.
If the City requests or directs the Contractor to perform work in a given area, Contractor shall verify and locate any underground utilities. This does not release the Contractor's duty to take reasonable precautions when working in these areas. Any damage or problems shall be reported immediately to the City.
7. Service Frequency and Schedules
Inspect and service every site once per week as a contract standard.
The Contractor shall, within ten (10) working days after the effective date of the Contract, submit a work schedule to the City's representative(s) for review and approval.
Said work schedule shall be based on a twelve -month calendar identifying and delineating the time frames for the required work by the day of the week, morning or afternoon.
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The Contractor shall submit revised schedules / calendars when actual performance differs substantially from planned performance. Said revisions shall be submitted to the City's representative(s) for review and, if appropriate, approval, within five (5) working days prior to scheduled time for the work.
At the discretion of City staff, weekly inspection meetings will be held(or more frequently if deemed necessary by the City) between the Contractor and the city representative(s) are to be scheduled to determine progress, review weekly site inspections and address any changes in schedules, problem areas, etc.
Contractor shall notify the City, in writing, at least two (2) weeks prior to the date and time of all pre- approved "Specialty Functions." "Specialty Functions" are defined as:
a. Fertilization
b. Tree Trimming/Management
c. Aerate —Turf
Performance during Inclement Weather
During the periods that rainfall hinders normal operations, the Contractor shall adjust its workforce to accomplish those activities that are not affected by weather. The prime factors in assigning work shall be the safety of the workforce, the public, and damage to landscaping. Leaf and down branch pickup and drain clearing are a high priority. Rainy days are not an excuse to pull workforce from city. Contractor shall continue landscape tasks that can be safely preformed in the rain. Such as sidewalk pruning, low limb removal, or items that city contractor inspector points out.
8. Extra Work/ Excluded Work
The following tasks shall be treated as extra work items:
a. Soil testing
b. Major tree trimming. Major tree trimming is defined as work that requires an aerial lift (bucket truck), tree climbing or work that cannot be done from the ground with a pole saw or pole chain saw.
c. Filling of holes in turf or shrub beds. (filling minor holes is included in the Contractor's work)
d. Major irrigation repairs such as controllers, mainline repairs, valve replacement, and irrigation wire repairs, pumps, and backflow devices.
e. Turf over seeding and top dressing will be handled by city staff. f. Debell Uvas Creek Park Preserve open space/ channel, Christmas Hill Park Hillside, and overflow parking area shall be done by city staff.
g. Doggie Bag Dispenser Maintenance and /or refilling with new bags. h. Recreation Program support including ball field prep i. Facility reservation support and customer response
j. General Park, playground and building repairs.
k. Electrical system maintenance and repairs
1. Raking and cleaning of playground surfaces such as sand and wood fiber shall be done by city staff. Concrete surfaces around playground areas are to be cleaned
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blown off) during the service schedule by contractor. Contractor will rake leaves, pick up garbage and debris during the scheduled service day in playgrounds.
9. Garbage, Litter and Debris Removal
a. Garbage, litter, and debris shall be removed as needed to prevent citizen complaint and prepare turf areas for mowing and general facility use. Trash containers shall be serviced and emptied when 1/3 full or when there is detectable odor. b. Service frequency shall be once per week as a minimum as per Attachment B.. c. Garbage can liners shall be supplied by the Contractor and be of a quality approved by the City representative. Garbage can liners shall be replaced when cans are emptied.
d. Litter and plant debris will be removed from landscaped, hardscape, and adjacent open space areas on a regular basis to achieve neat, clean, and attractive facilities.
Landscape debris will not be blown into streets and left unless collection of such debris has been previously approved and coordinated with city staff. e. Shopping carts and garage sale signs in and on the perimeter of contract sites shall be considered part of the garbage and litter removal service. Functioning shopping carts are to be placed in the corner of the employee parking lot at the City Corporation Yard. Non - working shopping carts are to be loaded into the metal bid in the City Corporation yard.
f. Disposal of garbage, litter, and debris shall be made at the City yard disposal areas and any available on -site trash dumpsters. Alternate yard waste disposal sites other than the City yard may become available and will be reported to the Contractor by the City representative. Contractor shall keep all garbage and debris inside bunker areas in city yard.
10. Landscape Maintenance (Facilities, Parks, Trails,'Slope Areas, Parking Lots) A. GENERAL
1. All animal feces or other materials detrimental to human health shall be removed per the service schedule.
2. All broken glass and sharp objects shall be removed per the service schedule.
3. All areas shall be inspected per the service schedule and maintained in a neat, clean, and safe condition at all times.
4. All areas shall have leaves and debris removed per the service schedule.
5. All areas shall be inspected for vandalism, safety hazards, and serviceability per the service schedule. Deficiencies shall be reported in writing immediately email) to the City.
6. All sidewalks within the City areas shall be swept or cleaned, if necessary, to remove any glass or heavy debris.
7. All sidewalk areas abutting maintained areas shall be cleaned when dirtied by Contractor's operations and at other times as required.
8. All leaves, paper, and debris shall be removed from landscaped areas and disposed of offsite.
9. Trash cans provided by City shall be emptied per the service schedule. Contractor shall provide plastic liners for all trash cans at Contractor's expense, to be changed, not emptied, per the service schedule.
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10. All "V" drains shall be kept free of vegetation, debris, and algae to allow unrestricted water flow.
11. All other drainage facilities shall be cleaned of all vegetation and debris. All grates shall be tested for security and refastened as necessary. Missing or damaged grates shall be reported to City.
B. HARD SURFACE AREAS
1. All areas shall be swept weekly to remove all deposits of silt and/or sand. Any unsafe condition shall be removed upon discovery per the service schedule.
2. All areas shall be inspected per the service schedule and maintained in a neat, clean, and safe condition at all times.
C. BICYCLE/WALKING TRAILS /ASPHALT WALKWAYS/ TRAILS
Special emphasis shall be placed on edging along these areas to prevent damage to asphalt by vegetation. Bicycle /walking trails shall be kept free of encroaching vegetation.
11. Plant Care
Tree, Shrub and Ground Cover Maintenance
The latest edition of the Sunset Western Garden Book shall be the general guidelines and reference tool for care and maintenance of all plant material.
A. Shrubs and Ground Covers
1. Pruning will be done in a manner to enhance the natural form of the plant and maintain the design intent for the landscape. However there are or can be landscaped areas with security concerns that will require different pruning for safety visibility. The City representative will notify Contractor of special pruning sites.
2. Typically, shrubs which are planted along walls and fences should be maintained in a manner which will allow the plant material to soften the hard structural feature.
3. Where the design intent is to have sweeps of shrubs, the plants shall be allowed to grow together.
4. In some areas, it may be more appropriate to remove some shrubs entirely and allow adjacent plant material to fill in rather than try to keep the plants in bounds with repeated pruning. The Cities representative will point which plants, if needed, are to be removed.
5. Keep shrubs and ground cover a minimum of 12" from buildings, walls, trees and shrubs.
Shrubs and ground cover shall not be allowed to encroach upon walks or curbs.
6. City will provide a species specific and site specific pruning guideline appendix (in progress) for selected plants to the company awarded contract.
7. Examples of plant care we expect shown below.
a) Vines and overhead vegetation (up to 18') on or over hanging walls boundary fences shall be trimmed from growing on private property, i.e. the back side of wall. This does not apply to existing vines have already grown over. If adjacent property owner requests ivy or vegetation trimmed from top of wall, contractor shall be required to remove it at no extra cost.
b) Hedge plants shall be allowed to grow together.
c) Rosemary and like ground covers to be cut back to 8 " -12" in height. Except where
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rosemary is already overgrown.
d) Ornamental grasses are to be pruned back during the late winter months. e) Ground cover roses are be encouraged to grow together and are to be kept under 18 "- 24" in height.
f) Spring flowering perennials are to be cut back after flowering. Examples Lavender and daylilies.
g) A three foot radius of free space shall be maintained around all fire hydrants. Low ground (under 6 ") cover is ok.
8. Allow plants to grow to their natural shape.
9. All shrubs and ground cover is to be trimmed not to interfere with irrigation operation or to encroach on to private property or Right -of -Way. Line of sight traffic safety issues as identified by City engineering Department will also determine proper height and appearance.
10. All dead, diseased and unsightly branches, vines or other growth shall be removed as they develop.
11. All shrubs are to be trimmed symmetrically in natural form and proportion, but not to interfere with vehicular and pedestrian clearance, visibility and access, unless otherwise directed by a City's representative. Prune shrubs to encourage healthy growth habits, natural form and proportion, symmetrical appearance and proper vertical and horizontal clearance. Line of sight traffic safety issues as identified by City Contract Inspector will also determine proper height and appearance
B. Trimming and Care of trees includes:
LQualified Professional personnel shall perform all pruning. Only recognized and approved methods, techniques and standards shall be used. Trees pruned improperly or damaged will be replaced by Contractor with plants of the same appropriate size as determined by the City inspector.
2. All tree pruning shall conform to the Best Management Practices for Trees published by the International society of Arboriculture and adhere to the most recent edition of the American National Standards for Maintenance Tree Care Operations (ANSI A330)
3. Contractor shall raise trees as needed or directed by city staff and /or designated representative.
4. Pruning of trees shall be done for the following conditions:
a. To maintain clearance for pedestrians (8 feet), road ways for vehicles (15 feet), or from facilities (5 feet).
b. Property line/boundary pruning for both balance and good neighbor pruning for sound walls, parks, and pump stations areas
c. To provide visibility site lines of pedestrians and motorists. d. To maintain walkways and maintenance bands free from obstruction and /or safety issues.
e. To improved or enhance tree growth.
f. To eliminate or reduce potentially unsafe conditions. g. To correct shape, particularly for wind disfigurements.
5. Remove no more than 20% of live foliage within the trees during one pruning operation.
6. All cuts shall be thinning cuts as opposed to heading cuts. This means leaving a lateral branch no less than 1/3 the diameter of the parent branch, or completely removing the branch at its point of origin.
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7. All cuts shall be distal to the branch bark ridge or, if present the branch collar. The cuts shall be close to but shall not injure the branch collar.
8. Interior branches shall not be stripped out. Liontailing is not permitted.
9. Contractor shall prune young trees under 18 foot in height to develop permanent scaffold branches, remove crossing branches, remove diseased or damaged growth, or eliminate narrow branch crotches.
10. Major tree trimming is not included. Major tree trimming is defined as work that requires an aerial lift (bucket truck), tree climbing or work that cannot be done from the ground with a pole saw or pole chain saw.
11. Trees shall be inspected regularly for hazardous conditions. Corrective action shall be promptly performed by the contractor and the city notified.
12. Contractor to coordinate with city staff on large pruning projects so city can chip branches. A notification of ten working days is required in non - emergency conditions.
13. Periodic re- staking and tying shall be done as needed. Plant ties shall be checked frequently and adjusted to prevent girdling. Trees shall not rub against stakes at any time. When trees no longer require the support of stakes, contact the city for authorization to remove stakes and ties.
14. Maybe young trees which are leaning due to under developed truck caliper ought to be staked at the direction of the city.
15. Fallen trees or branches shall be promptly removed. Promptly notify the City for large trees down.
12. Landscaped Roadways, Roundabouts, and Medians
1. The scope of work for medians not only includes the landscaped areas but also those areas of the median that are attached or directly adjacent to cobble /concrete hardscape per its design. (Noses and turn lanes are examples of this condition).
2. Plant material shall not be allowed to obstruct any site line of vehicular traffic, and shall be kept below 36" in height from the road surface in any areas where traffic site lines may be impacted. City Traffic Engineer and Landscape Inspector may provide direction as requested for proper maintenance.
3. Irrigation shall be adjusted and inspected as often as needed to insure no unsafe condition is created by irrigation run -off onto road surface or over spray onto vehicles.
4. All maintenance personnel shall wear class 3 safety vests while working on medians, and at no time shall work be performed in the roadway without City approved Traffic Control Plan and all required traffic control signage in place.
5. Contractor is responsible for insuring that all median maintenance is performed in a safe manner and that no hazard is created by such operation.
6. When closing a traffic lane for landscape maintenance work, an electronic sign board arrow) shall be used in high speed and /or high traffic areas (i.e. Santa Teresa). Work shall only be performed on the closed lane side.
7. Cones are to. be bright orange. Old and faded cones shall be replaced.
8. Notify city staff when high speed or high traffic areas are to be serviced via email.
9. If the work to be performed and will take less time to complete then the time it takes to set up traffic control, then no traffic control is necessary. An example would be weed spraying, litter control, or irrigation maintenance.
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13. Turf Care
A. Turf Mowing
1. The contractor shall not mow, or use any equipment of turf areas when frost is present or if the turf is saturated or standing water is present. Mowing should not begin until turf area is free of litter and trash.
2. Mowing shall be accomplished with rotary mulching mowers. Blades shall be kept sharp to produce a clean cut. Mowers shall be kept clean and free of fuel, oil, hydraulic fluid, and grease leaks.
3. Mowing equipment shall be washed between sites to minimize the spread of weed seeds.
4. Mowing patterns shall be alternated to avoid creating ruts and compaction.
5. Use caution when mowing berms or uneven areas to avoid scalping turf. Rodent dirt mounds need to be knocked down, spread, or removed so as reduce turf loss until rodent activity is abated.
6. Mowing shall typically be performed as needed from December through March and at least weekly from April through November. This is a guide only and will vary based on weather. Mowing shall be frequent enough so that no more than 1/3 of the leaf is removed at each mowing. During active growing season, mowing may need to be done twice weekly on play fields. Mowing height shall be 3 1/2 "unless otherwise directed by city staff.
7. All clippings shall be efficiently mulched to leave no visible trace or picked and removed only when necessary and removed to a designated dumping site. At no time shall unsightly clippings be left before vacating site following mowing operation.
8. Contractor shall have a spare mower of comparable size available within 24 hours of a mower breaking down.
9. Keep grass clippings away from waterways and out of the street.
B. Turf Aeration
1. All turf (not including the no -mow) areas shall be core aerated in September /October.
Cores should be reincorporated into the turf. Core size should be '/2" diameter.
Alternative methods of relieving compaction may be authorized by City.
2. Prior to any cultivation activity, all irrigation heads, valves, and utility boxes shall be flagged. The soil shall be allowed to dry prior to cultivation.
C. Edging
1. When turf abuts concrete walk ways or concrete mow band, turf shall be edged with a metal blade edger. If a spin trimmer is required to edge around utility boxes, or wooden header boards, it shall be held so that the cut is vertical. A bevel cut will not be used. After mowing or edging hardscape (walks /drives /patios /streets) shall be swept or blown clean. Debris will not be left in street gutters or and removed.before vacating site.
2. Tree wells are to be maintained with a neat turf edge and wells shall be kept weed free.
3. Chemical edging shall not be used anywhere.
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D. Turf Fertilization
1. Fertilization schedule for all turf shall be:
a. March/April 44-0-0 Polyplus SL
b. Late August, early September 16 -8 -8
c. November 44 -0 -0 65% Polyplus SL Urea
2. Fertilizer use shall be reported with pesticide use.
E. Turf Pest control
1. Weeds - All turf grass in the CFD areas are relatively new with very few broadleaf weeds. At this time it is best to manually remove broadleaf weeds or spot spray.
14. Pest Control
1. Weed Control Plan- Develop an annual weed control plan that your company feels would produce a cost effective approach that provides high quality results for turf, shrubs and ground cover, annual flowers, bike /walking trails, open space edges/ post and cable /fence lines, and hardscape (cracks and crevices) including sidewalk, curb and gutter frontages. Control weeds with pre- emergent herbicides and selective systematic herbicides or through mechanical means, i.e. mowing, hoeing and weed whipping. No pesticides, herbicides, or other chemicals may be used in or around Low Impact Development Structural Control Measures such as Bio- retention ponds, bio- swales, or infiltration ponds of any kind.
2. Written Pest Control Recommendations - A written pest control recommendation from a licensed pest control advisor will be required for all pesticide applications. The contractor shall provide copies of all recommendations to the City at least _5_ working days prior to application. Recommendation shall take into consideration drainage to water ways (Uvas Creek), drain inlets, and adjacent schools.
Recommendation shall evaluate pesticides used and application activities performed and identify pollution prevention and source control opportunities.
3. Prohibit application of pesticides, herbicides and fertilizers as required by the regulations DPR 11 -004 Prevention of Surface Water Contamination by Pesticides enacted by the Department o f Pesticide Regulation.
4. No spraying shall be within 48 hours of predicted rainfall with greater than 50% probability as predicted by National Oceanic and Atmospheric Administration NOAA).
5. Collect and properly dispose of unused pesticides, herbicides and fertilizers containers.
6. Do not spray weeds in playground areas. Weeds are to be removed manually.
7. Reoccurring unwanted plants (i.e. berry bushes, poison oak) are to be sprayed to kill plant roots or removed by digging up root system.
S. Trees in turf - maintain a minimum 3 ft. radius weed free. 6 Product Use Summery - Prior to the 15th of the month, the contractor shall provide to the city a summary of pesticides used the prior month. Provide the product EPA registration number and the amount of product used.
7 Posting — post all entry areas with spray notices when broadcast spraying public use areas and verbally notify public visitors when spot spraying when in the area. Remove
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facility spray notices when spraying is complete unless product label provides for different posting requirements.
8 Spray marker — the routine use of spray marker dyes is discouraged. Contact the City if such use is desired
9 Weed control can be done with chemicals or with mechanical means (i.e. hoeing or mowing), or other cultural practices. The Contractor shall take vigorous responsibility for controlling weeds growing in cracks, or expansion joints, along fences /sound walls and areas contiguous to all active the City landscape areas (including sidewalks, curbs, and gutters). This includes all landscaped medians that are attached or directly adjacent landscaped roadway areas.
10 Moluskacides should be iron phosphate based or other City approved control 11 Pest Control Licensing — The contractor shall have a qualified person who holds the appropriated California Department of Pesticide Regulations licensing oversee all pesticide applications. If restricted materials are used, the applicator must be licensed. 12 Trails — keep trail shoulders free of weeds 24" from any trail hardscape edges. Post sign when spraying along trails.
13 Minimal insect control is practiced and is to be handled on a case -by -case basis and will be charged as an extra.
14 Minimal disease control is practiced and is to be handled on a case -by -case basis and will be charged as an extra.
15 Rodent Control
a.All mounds, burrows, or other minor damage shall be discovered in a timely manner and repaired by Contractor. Rodent problems should be identified and reported to the City in their early stages as part of weekly inspections before causing critical damage to areas. Lack of early discovery will be considered negligence on the part of the Contractor. Depending on the scope of the problem, rodent control in the form of baiting or trapping will be recommended and scheduled work.
b.Gopher control
i. The contractor shall obtain a written pest control recommendation from a licensed Pest Control Advisor for baiting for gopher control. All bait shall be placed below ground in the burrow system. Any spilled bait shall be promptly picked up. Any dead gophers found on the surface shall be collected and properly disposed of.
ii. If trapping is to be used all State Regulation must be followed. If trapping is to be used, contractor shall notify and get City's approval on sites and locations. Dead gophers must be disposed of properly.
iii. The contractor shall comply with all other provisions of pesticide requirements.
iv. The contractor shall promptly remove or disperse any soil mounds discovered on the turf.
V. Contractor to give city a per- treatment per site price. A total of 10 site visits will be included in price, but charged as work as needed. So if no rodent control is needed the City will not be charged.
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vi. No chemical control of rodents in Low Impact Development Structural Control Measures such as Bio- retention ponds, bio- swales, or infiltration ponds of any kind.
c. Ground Squirrel control shall be handled on a case by case basis and coordinated with City representative. Ground squirrel will be treated as an additional cost and is not included in this contract.
15. Irrigation
a. Contractor and its employees shall bi- weekly (every two weeks) inspect and test all irrigation systems for system operability; component malfunctions, and adjusts schedules to address weather changes and irrigation requirements. Any signs ' of irrigation malfunctions will be immediately addressed and system checks will become as frequent as necessary to insure problems are fully resolved without any further damage. These inspections may also become more frequent in certain areas that are under observation due to chronic malfunctions or vandalism. Between November 1 and March 1 if systems are turned off because of weather conditions, monthly inspections will be acceptable to insure that there has been no damage to the systems.
b. After Value -The contractor shall be responsible for all labor for the irrigation repairs after the valve including the solenoid, rebuilding of the valve, lateral lines, and sprinkler heads, and including adjustment to sprinklers. Contractor to bill the City for all irrigation material costs plus a fifteen (15) percent markup.
c. Before Valve: Replacement of remote control valves, rebuilding or replacement of quick couplers, flow control valves, master valves, backflows and mainline repairs are not included and shall be billed to the city at an hourly rate basis or on a bid basis. The city's representative will ok work to be done on case by case basis. All irrigation materials used will be charged to city at cost plus a fifteen (15) markup. d. An irrigation audit shall be done during the winter months listing all work extra work that should be done to improve system efficiency, i.e. raised heads, upgrading of nozzles and deliver to the city representative by the end of February. e. Under no circumstances can a system go unchecked long enough to cause any problems with startup when weather conditions warrant systems to be fully operational. Contractor shall set and program automatic controllers for seasonal watering requirements. A sign in sheet shall be placed inside each irrigation controller box that designates by date and signature each time the system is inspected or adjusted for non - central station controllers. f. All replacement materials are to be with new original types and models materials, unless a substitute is approved by City representative.
g. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation systems.
h. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty. i. Notify the owner in writing of any conditions that are discovered which may prevent the system from delivering the correct amount of moisture.
j. Adjust risers and sprinkler locations to compensate maturing landscape. This work will be done at an additional cost. The Irrigation Technician shall notify city staff of needed work.
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k. Reflect actual evapotranspiration (E.T) requirements and requirements of soil and plants when programing controllers.
1. Eliminate runoff onto streets, sidewalks, and other non - target areas by using a Cycle /Soak programs.
m. Provide sufficient time for soil to dry out between irrigations when programing controllers.
n. Maximize public use of City property when programing controllers. o. Repairs of any irrigation components or property damaged by Contractor or as a result of negligence, error or omission by Contractor shall be the full responsibility of the Contractor.
p. Remote control valves -Many RCV are used in the city. Along the 3rd street corridor Rainbird PESB- NP -NAN series are used. The contractor should be familiar with all types of modern remote control valves.
q. Quick coupler valves
The standard quick coupler valve is the single slot Rain Bird 44 or Buckner QB44RCIO on potable water sites. On recycled water sites along the 3rd Street Corridor a 1" Acme thread valves are used. It is the City's responsibility to repair quick couplers. r. Master Valves - Master valves used are normally open Superior 3300. Del Rey Park and the Ranch Site use Griswold normally open 2160 valves. Rainbow Park and Leavesly at Arroyo Circle use normally closed valves. It is the City's responsibility to repair master valves and Flow Control Valves.
s. Fixed Spray heads
1. The standard pop -up fixed spray head is the Rain Bird 1800 series SAM -PRS.
Twelve inch pop -up is typically used in ground cover, shrub, and bedding plant areas. Four inch and six inch has been used in turf. If it is necessary to replace a four inch body in a turf area, it should be upgraded to a six -inch pop -up.
2. All heads used on recycled water lines must be equipped with purple caps. t. Rotor Sprinklers -A variety of rotor heads are used in the city systems. The Contractor should be familiar with all types of rotor sprinklers. These CFD sites use mainly MP Rotators.
u. Drip - Inline drip, on -line drip and Multi Outlet drip is used along the 3rd Street Corridor and at Mesa Soundwall. The Contractor should be familiar with all types of drip systems. v. Flow Sensors -Data Industrial (Badger) flow sensors are used at many sites. Flow Sensors are the City's responsibility to repair.
w. Pumps -No pumps are used on these sites.
x. Controllers and Programming
1. All CFD site use the Rain Master Evolution. Most of the on -line controllers are linked to flow meters and master valves and will shut down the system if high or unscheduled flows are detected. Low flow and electrical faults are also detected by the central system. The central controller is linked to an on -site weather station and that data is used to adjust station run times and shut down during unfavorable weather events. The landscape contractor is expected to communicate with city staff regarding site irrigation needs. The city will service irrigation controllers.
2. City staff will program controllers which are on -line with the central system.
Irrigation programming will be coordinated around facility use.
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3. The general guide for irrigation is to water deeply but infrequently. The soil surface should be allowed to dry between irrigations. Typically three irrigations per week is sufficient for turf. Irrigation schedules must take into account public use of the facility and hydraulic capacity of the systems. Irrigation programming will be coordinated with the city.
4. Upon completion of work, verify that all cabinets are properly locked before leaving the area. Due to the potential damage to systems from leaving a cabinet unlocked, this type of infraction will be considered a serious act of negligence by the contractor.
5. When site irrigation is checked or serviced the Irrigation Tech shall sign and fill out Controller Maintenance sheet provided in each controller. y. Recycled Water:
Sites along 3rd street are irrigated with recycled water. This is disinfected tertiary treated waste water which is provided by the South County Regional Wastewater Authority.
All irrigation heads and pipe shall be color coded purple or otherwise labeled. Only Acme threaded quick couplers shall be used on recycled water systems. Employees working on sites with recycled water shall be trained on the precautions to use. The contractor foreman or supervisor is encourage to attend the annual supervisors training conducted by the South County Regional Wastewater Authority. Contact the city for additional information on this.
16. Care for Storm Water elements -Low Impact Development Structural Control Measures (LID SCMs)
Bioswale Features work includes:
Water must flow downstream to inlet. Confirm there is no evidence of long -term ponding which causes dying plants and /or bare spots at the bottom of the swale.
Fix any flow paths that develop.
Remove all trash and debris on service days.
Fix rodent holes and erosion with proper materials per design specs.
Manually remove all weeds.
Trim over -grown plants that are blocking the inlets or outlets, or if they are growing into the public right -of -way.
No pesticides, herbicides, or other chemicals may be used in or around the swales.
Remove sediment buildup at the bottom of the swale. Sediment buildup of over 1 cubic yard shall be removed by the City.
Fix ponding by replacing soil per design specs. This shall be done by the City or contractor shall be contracted to make repairs.
Replace dying or dead vegetation, as needed. Plant replacement is not included in this contract. Contractor shall notify the City of dying or dead vegetation. City will contract with contractor to replace plants.
Adjust irrigation schedule, if needed, for healthy plants.
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Report and fix odors. If there is an order problem contractor shall notify the City.
Contractor will work with the City rectify problem.
Report and fix any pedestrian paths that develop. Contractor shall notify the City to the presence of any pedestrian paths that develop. Contractor shall work with the contractor to rectify the problem.
Control Rodents in Bioretention features by non - chemical means.
Bioretention Features
Report and fix any pedestrian paths that develop. Contractor shall notify the City to the presence of any pedestrian paths that develop. Contractor shall work with the contractor to rectify the problem.
Remove all trash and debris on service schedule.
Fix rodent holes and erosion with proper materials per design specs.
Manually remove all weeds.
Trim over -grown plants that are blocking the inlets or outlets, or if they are growing into the public right -of -way.
No pesticides, herbicides, or other chemicals may be used in or around the Bioretention features.
Remove sediment buildup at the bottom of the Bioretention feature. Sediment buildup of over 1 cubic yard shall be removed by the City.
Replace dying or dead vegetation, as needed. Plant replacement is not included in this contract. Contractor shall notify the City of dying or dead vegetation. City will contract with contractor to replace plants.
Adjust irrigation schedule, if needed, for healthy plants.
Report and fix odors. If there is an order problem contractor shall notify the City.
Contractor will work with the City rectify problem.
Report and fix any pedestrian paths that develop. Contractor shall notify the City to the presence of any pedestrian paths that develop. Contractor shall work with the contractor to rectify the problem.
Control Rodents in Bioretention features by non - chemical means.
Keys, Deficiency, Severance, and Termination
Locks and Keys
The Contractor shall be responsible for the series of keys assigned to it and shall assign these keys to its personnel for use in maintaining the facilities. The Contractor shall properly use and keep safe all keys or locks issued or used by the City to the Contractor.
The contractor shall report all lost or stolen keys or locks to the City representative(s) within twenty -four (24) hours after discovery of the loss. The Contractor shall reimburse the City for the total cost, as determined by the City, of replacing the lock, re- keying the site or duplicating additional keys.
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Upon termination or cancellation of the Contract, the Contractor shall immediately return all keys, cards, remote controls, etc., to the City. The Contractor shall reimburse the City for the total cost, as determined by the City, for the total cost of keys not returned.
Deficiency Notice Procedures
a. Deficiencies will be recorded and presented to the contractor via e -mail, fax or U.S.
Mail. The Contractor shall respond within 24 hours with a plan to remedy and to prevent future occurrence, Contractor will be responsible for providing follow up documentation. Contractor supervision is responsible for re- inspection of problem areas before notifying the City the problem has been resolved. b. Contractor's management team must be available for face -to -face meetings called by the City within 48 hours of notification.
c. Failure to resolve the problem will result in a written vendor "Non- Compliance " report seeking a written response from the contract management outlining a permanent resolution to the problem. Patterns of complaints, which may indicate the contractor's failure to adequately staff, train and supervise, shall cause a face to face meeting with the highest level of the contractor's management deemed necessary by the City in order to clarify the contractor's obligations and produce a written work plan and time frame for remedying the deficiencies.
d. Failure to resolve a written "Non- Compliance contract services notice" will result in one or all of the following:
i. Payment deductions to the Contractor for services not performed per contract where City had no or reduced service.
ii. Termination of selected contracted service area/s because of contractor's continued failure to perform in the designated areas.
iii. Total contract termination for failure to perform after repeated "Notices of Non - Compliance have been issued.
iv. Contract works that the contractor failed to preform and City staff was compelled to perform and must fill in for, will be back charged (labor and equipment) to contractor. (Example: contractor fails to mow turf as scheduled.
City may to do work and back charge contractor.)
Right of Severance and Termination
1. Remove worker: The City shall.have the right to request removal of any specific Contractor worker from City contract properties for the following:
a. The City reserves the right to request removal of any specific Contractor worker if the worker is deemed by City to be incompetent or negligent based on worker's inability to execute required project tasks. b. For failure to adhere to the City's standards
c. For worker misconduct.
2. Terminate contract: City reserves the right to terminate this contract with Contractor upon 10 days advance written notice should Contractor fail to meet obligations of the contract as noted under Deficiency Notice Procedures (d. iii above).
Such failures include, but are not be limited to:
a. Consistent failure to respond to requests for service or to remedy contract deficiencies,
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b. Consistent failure to provide qualified, trained workers and supervisors, c. Contractor failure to keep City informed.
3. Back charge — City will bill Contractor for work not performed where city staff had fill in.
One Site Safety
Maintenance and Operation of Equipment and Vehicles
The Contractor shall take necessary precautions for the safe operation of equipment and the protection of the public from injury and damage from such equipment and vehicles. Contractor shall repair or replace, immediately, all equipment deemed by City to be unsafe, irreparable or in unsatisfactory condition. All vehicles shall have the contractor's name visible to the public.
Contactor shall operate equipment and vehicles so as to minimize service vehicles driving off pathways and hardscape onto turf and planters with irrigation and plants and prevent damage.
Contractor shall use street frontages and parking areas rather than pathways and sidewalks when possible operating vehicles in contract sites.
String Trimmers
Contractor shall train staff and operate all string trimmers in a safe manner. Training shall include proper techniques in avoiding flying debris and protecting staff, pedestrians and vehicles from harm. Care shall be exercised with regard to the use of string trimmers to prevent damage to building surfaces, walls, header board, light fixtures, signage, etc. String trimmers shall not be used around trees. A 2 to 3 foot soil buffer zone shall be maintained around the circumference at the base of all trees, unless otherwise directed by City. Any trees damaged by string trimmer or mower shall be replaced at no additional cost to the City.
Reference Materials
The following documents will be used to judge best and proper landscape practices and procedures unless otherwise specified or instructed.
All specifications for materials to be used and construction guidelines will be based on City of Gilroy Construction Standards unless otherwise noted and/or approved.
Latest edition Sunset New Western Garden Book
Standard practices of the International Society of Arboriculture Cal -OSHA Requirements
The contractor shall comply with all provisions of the California Occupational Health and Safety Act., taking all precautions in the performance of the service to prevent injury to persons and property.
Accident Reporting
The Contractor shall immediately notify the designated City representative(s) of any accident, regardless of whether or not injury or damage is evident, involving the public and the Contractor's staff, vehicles, and /or equipment. The Contractor shall provide all written reports and /or documentation requested by the City.
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Management and Supervision
The Contractor shall provide fully trained and qualified personnel: The staff activity will be closely monitored by City representative(s) at each site to detect operational irregularities and non - compliance with the Contract.
It is the responsibility of Contractor's executive, management, and supervisory staff to oversee the activities of its staff, throughout the range of its activities at all contract sites.
The City will not supervise the contractor's supervisors or employees.
All Supervisors must be qualified, proficient in English, trained and capable of providing adequate supervision and direction of all staff and must demonstrate verbal and written communication skills sufficient for the work required herein.
The Contractor's crew leader and operational staff, as well as their supervisory and management staff, shall be knowledgeable in this Contract and its time lines. An outline of the task requirements, schedule, and time lines for each site shall be kept with each crew. If any task cannot be thoroughly completed within the Contract schedule time line, the City's representative shall be notified promptly in the prescribe manner established at contract startup.
Contractor shall be expected to take reasonable care to identify and report conditions /situations /occurrences which may be harmful or result in decline of plant material or landscape or interfere with public use. If this care is not exercised then repair of resultant damage to landscape or plant material shall be the responsibility of contractor.
Contractor to incur all costs to assess, repair or replace any physical property damaged as a result of contractor's negligence or failure to take reasonable care to identify and report potential problems with the landscape.
Contractor shall inspect and identify any condition(s) that renders any portion of a site unsafe, as well as any unsafe practices occurring thereon, and shall immediately notify the City representative(s) of any unsafe or undesirable condition(s). Contactor shall take emergency safety actions to protect worker and or the public from a developing or observed hazardous conditions. Safety action taken by the contractor not related to normal contraction services shall be appropriately compensated by the City when justified in writing and include any public safety call for service report number.
The Contractor shall make minor corrections including, but not limited to, filing minor holes in turf and activity areas, using barricades or traffic cones to alert the public to the existence of hazards, replacing Contractor - damaged valve box covers, and securing any damaged apparatus so as to protect members of the public or others from injury.
If needed, the Contractor shall assist the public by summoning emergency assistance while at the site. The Contractor shall cooperate fully with City in the investigation of any injury or death occurring at any site, including a complete written report.
During all operations, the Contractor shall comply with local ordinances regarding noise levels.
Any scheduling of the Contractor's operations may be modified by City at no additional compensation to Contractor in order to ensure that the public is not unduly impacted by the noise of equipment or operations.
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EXHIBIT "C"
MILESTONE SCHEDULE
Service Frequency and Schedules
Inspect and service every site once per week as a contract standard.
The Contractor shall, within ten (10) working days after the effective date of the Contract, submit a work schedule to the City's representative(s) for review and approval.
Said work schedule shall be based on a twelve -month calendar identifying and delineating the time frames for the required work by the day of the week, morning or afternoon.
The Contractor shall submit revised schedules / calendars when actual performance differs substantially from planned performance. Said revisions shall be submitted to the City's representative(s) for review and, if appropriate, approval, within five (5) working days prior to scheduled time for the work.
At the discretion of City staff, weekly inspection meetings will be held(or more frequently if deemed necessary by the City) between the Contractor and the city representative(s) are to be scheduled to determine progress, review weekly site inspections and address any changes in schedules, problem areas, etc.
Contractor shall notify the City, in writing, at least two (2) weeks prior to the date and time of all pre- approved "Specialty Functions." "Specialty Functions" are defined as:
a. Fertilization
b. Tree Trimming/Management
c. Aerate —Turf
Performance during Inclement Weather
During the periods that rainfall hinders normal operations, the Contractor shall adjust its workforce to accomplish those activities that are not affected by weather. The prime factors in assigning work.shall be the safety of the workforce, the public, and damage to landscaping. Leaf and down branch pickup and drain clearing are a high priority. Rainy days are not an excuse to pull workforce from city. Contractor shall continue landscape tasks that can be safely preformed in the rain. Such as sidewalk pruning, low limb removal, or items that city contractor inspector points out.
Sites and On -Call services are also itemed under Exhibit "D" (payinent /fee schedule).
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Packet Pg. 94 Attachment: Alpine Landscapes - CFD Parks_Landscape Maintenance Services (3802 : Third Amendment to Agreement for Services with
FIRST AMENDMENT TO AGREEMENT FOR SERVICES WITH ALPINE LANDSCAPES
FOR (CFD) LANDSCAPE MAINTENANCE SERVICES
This First Amendment to the Agreement for Services ("First Amendment") is made and entered into as of August 28, 2019 ("Effective Date"), by and between the City of Gilroy, a California municipal corporation ("CITY"), and Alpine Landscapes ("CONTRACTOR").
WHEREAS, CITY and CONTRACTOR are parties to that certain Agreement for Services, effective on January 4, 2018, hereinafter referred to as "Original Agreement"; and WHEREAS, CITY and CONTRACTOR have determined it is in their mutual interest to amend certain terms of the Original Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below and for other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
1. Article COMPENSATION (Consideration) of the Original Agreement shall be amended to read as follows:
Consideration
In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event however shall the total annual compensation paid to CONTRACTOR exceed $262,477.00."
2. This Amendment shall be effective on August 28, 2019.
3. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.
4. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.
CONTRACTOR:
Alpine Landsca e
By:
signature]
Ryan smore
employee name]
President/Owner
title/department]
CITY:
CITY OF GILROY
By:
signature]
Gabriel A. Gonzalez
name]
City Administrator
title]
Date: 3 /s 2 l Date: ppQ Q
f A rdved as to Form:
4845-8215-5540v1
ATT
MDOLINGER104706083
City Clerk
Gilroy City Attorney's Office
By, '
Citv Attornev
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DocuSign Envelope ID: CE9E3770-7B3B-4613-8D28-7B819AAE681D
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DocuSign Envelope ID: CE9E3770-7B3B-4613-8D28-7B819AAE681D
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City of Gilroy
STAFF REPORT
Agenda Item Title: Consent to the Appointment of Sharon Goei as Community Development Director
Meeting Date: June 6, 2022
From: Jimmy Forbis, City Administrator
Department: Human Resources Department
Submitted By: LeeAnn McPhillips
Prepared By: LeeAnn McPhillips
Jimmy Forbis
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Consent to the City Administrator’s recommendation to appoint Sharon Goei to the Department Head position of Community Development Director.
BACKGROUND
Earlier this year, the City commenced a recruitment to fill the vacant position of Community Development Director. After a series of panel interviews comprised of subject matter experts, community members, Department Directors, and the City Administrator, a top finalist was selected for the Community Development Director
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position, Sharon Goei. Based on her knowledge, skills, experience, and leadership style, Ms. Goei has been identified as a strong fit for the Gilroy Community Development Director position. Ms. Goei recently completed a thorough background check and, at this time, City Administrator Forbis is recommending Ms. Goei be appointed as Gilroy’s next Community Development Director.
Ms. Goei brings over twenty years of related experience having worked in the cit ies of Stockton, Walnut Creek, Santa Clara, and, currently, Milpitas. She currently holds the position of Director of Building Safety and Housing with the City of Milpitas. Ms. Goei started her public sector career in Engineering and holds both a Bachelor ’s and Master’s degree in Civil Engineer from UCLA. Given her passion for well-planned community and economic growth as well as building safety, Ms. Go ei transitioned her career to focus on community development, economic development, building safety, and housing making her an excellent fit for this position in Gilroy.
Mr. Goei’s experience in Santa Clara Country will allow for a smooth transition as she has already developed strong and collaborative relationships throughout the region. She has worked to develop strong relationships with developers, contractors, designers, residents, and others and this has resulted in strong communication and creative problem solving to achieve a positive outcome. In addition, Ms. Goei is very focused on customer service and process improvement to make interactions with the Community Development Department both positive and efficient. She has worked on the Housing Element, Unhoused projects and task forces, CDGB committees, Climate Action Plans, and various affordable housing programs and projects.
Ms. Goei brings to this position some of the key leadership and management traits the City sought in the new director: strong technical and leadership skills, an excellent customer service orientation, an action oriented work style focused on getting projects completed on time and within budget, the ability to establish and maintain partnerships, the ability to develop and lead teams, and creative problem solving. H er management style is collaborative while at the same time holding her team accountable for results.
Understanding some of Gilroy’s current challenges, Ms. Goei is excited join the Gilroy team and put her talents to work to fulfill the Council’s and City Administrator’s priorities.
In addition, this position will allow he r to grow her experience in an active and engaged community where she will be responsible for all aspects of Community Development.
Upon consent of the City Council and issuance of a final offer letter, M s. Goei is scheduled to begin employment on July 18, 2022.
COMPENSATION
Ms. Goei’s starting compensation will be $195,892 annually, plus benefits.
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City of Gilroy
STAFF REPORT
Agenda Item Title: AWS Data Center Environmental Impact Review (EIR) Award of Consultant Contract
Meeting Date: June 6, 2022
From: Jimmy Forbis, City Administrator
Department: Community Development Department
Submitted By: Jon Biggs
Prepared By: Cindy McCormick
Cindy McCormick
Strategic Plan Goals
☐ Develop a Financially
Resilient Organization
☐ Ensure Neighborhood
Equity from City
Services
☐ Promote Economic
Development
Activities
☐ Promote Safe,
Affordable Housing for All
☐ Maintain and Improve
City Infrastructure
RECOMMENDATION
Award a Contract to Circlepoint in the amount of $175,000 for preparation of the AWS Data Center EIR and authorize the City Administrator to execute the contract and associated documents.
EXECUTIVE SUMMARY
Amazon Web Services (AWS) submitted an application to construct and operate a data center on an industrial zoned vacant property, located on Camino Arroyo near the Gilroy Outlets. The project site is subject to the City’s Agricultural Mitigation Policy and will
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have significant impacts related to Vehicle Miles Traveled. The City received four (4) proposals in response to a Request for Proposals (RFP) for preparation of an Environmental Impact Report (EIR) for the proposed project. The City will hold a series of public hearings with the Planning Commission and the City Council to receive public comment prior to making a decision on the proposal.
POLICY DISCUSSION
The California Environmental Quality Act (CEQA) requires state and local government agencies to review discretionary projects for potential environmental impacts, inform decision makers and the public about such impacts, and mitigate the impacts to the extent feasible to prevent significant, avoidable enviro nmental damage.
The laws and rules governing the CEQA process are contained in the CEQA statute (Public Resources Code Section 21000 and following), the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 and following), published cour t decisions interpreting CEQA, and locally adopted CEQA procedures.
BACKGROUND
On March 28, 2022, a Request for Proposals (RFP) for the Data Center Environmental Impact Report (EIR) was sent directly to all eleven of the City’s on -call environmental consultants, in addition to posting the RFP on the City’s current bid and contract opportunity webpage. The City of Gilroy Purchasing Policy requires a RFP process when services are estimated to be more than $100,000. RFPs are awarded based on the best overall value to the City, as opposed to lowest responsive and responsible bid, and include evaluation of qualitative and/or quantitative factors in addition to price.
The City received four (4) proposals by the May 2, 2022 deadline, including three (3) proposals from the City’s On-Call Consultant Selection List and one (1) proposal through the City’s open bid process.
ANALYSIS
The Request for Proposals (RFP) identified the City’s desire to retain the services of an experienced consultant team to prepare an Environmental Impact Report for a proposed Data Center on an industrial zoned property in the City of Gilroy.
Proposals: The City received proposals from Circlepoint, EMC Planning Group, First Carbon Solutions, and SWCA Environmental Consultants.
Proposal Evaluation: In accordance with the RFP and the City’s standard evaluation and scoring criteria, proposals were evaluated based on the consultant’s understanding of the scope of services; qualifications and experience; references; overall quality of the response to the RFP; milestone schedule, and cost proposal. The proposals were reviewed and scored separately by the Interim Community Development Director, the project planner, and the Community Development Department’s Management Analyst.
The strengths and weaknesses of each proposal were discussed, and based on that
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evaluation, staff recommends awarding the contract to Circlepoint for the following reasons, based on staff’s review of the proposals, using the proposal evaluation criteria:
1. Consultant’s understanding of the scope of services and overall quality of the response to the RFP: Circlepoint was the only proposal that noted potential issues with the applicant’s “mitigation incorporated into the project design” approach, citing current case law that should be considered to help ensure the EIR appropriately identifies environmental impacts and discloses necessary mitigation that hadn’t previously been considered by the applicant. Circlepoint was also the only proposal that noted potential “public scrutiny” r egarding water supply and demand, an issue that staff also anticipates will require meticulous analysis to help ensure preparation of a legally defensible document.
2. Consultant’s corporate and team member qualifications and experience: All three of the consultant staff working on the EIR have direct experience with data center projects, helping to ensure that potential impacts unique to data centers (e.g., water use) is thoroughly analyzed.
3. Consultant’s references quality and responses: Circlepoint’s references were for cities (San Jose and Santa Clara) in which the consultant had previously completed CEQA documents for data center projects.
4. Consultant’s cost proposal and Timeline: Circlepoint’s proposed budget and milestone schedule were reasonable and in line with three of the four proposals.
Proposed Scope of Work
Task 1: Kickoff and Meetings: In addition to bi-weekly check in meetings, Circlepoint will participate in one (1) kickoff meeting with the City to confirm the scope of environmental analysis and methodologies, discuss initial data requests, and develop the project schedule.
Task 2: Scoping Meeting and Notice of Preparation: Following distribution of the public notice, Circlepoint will facilitate a Public Scoping Meeting, record public comments, and incorporate the “known issues” into the EIR.
Task 3: Project Description: Circlepoint will prepare a project description, building upon information provided by the Applicant, and ensuring the project description meets the requirements of CEQA Guidelines Section 15124.
Task 4: Project Management: Circlepoint will provide ongoing project management throughout the environmental review process including coordination with subconsultants, City staff, and outside regulatory agencies as applicable.
Task 5: Technical Studies: Circlepoint will review background documents and technical studies provided by the Applicant and/or City. Circlepoint will conduct a gap analysis to ensure each of these technical studies provides the information necessary to support and complete the EIR per CEQA guidelines. If additional technical analysis is
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required, an amendment to the scope and fee would be necessary. Staff has included a 10% contingency budget to help minimize the need for a contract amendment.
Task 6: Draft EIR: Circlepoint will prepare a Draft EIR consistent with CEQA Guidelines. The EIR will also include an analysis of alternatives to the project, an assessment of cumulative impacts associated with the project, and a summary of comments received during the scoping period. Circlepoint will prepare a draft mitigation monitoring and reporting program (MMRP) and Administrative Draft EIR, which includes feasible mitigation for identified significant impacts. Following City review and comment on two subsequent drafts, Circlepoint will prepare a Public Draft EIR and associated public noticing materials. The Draft EIR will be circulated for a minimum of 45 days and presented to the public for comment at an in -person public hearing at City Hall.
Task 7: Final EIR: Circlepoint will prepare written responses to comments on the Draft EIR following the public review period. The scope and budget assume up to 15 distinct comment letters. If additional responses are submitted, or substantial additional analysis is needed, an amendment to the scope and fee may be necessary if not accounted for in the contingency budget. Responses to public comments will be incorporated into the Final EIR following the City’s review and feedback.
Contingency. In addition to Circlepoint’s proposed budget, staff has included a 10% contingency budget in the contract to account for unforeseen circumstances / change orders. These funds can only be used with prior City authorization. A contract amendment would be needed if the contingency funds are exhau sted.
CONCLUSION
It is recommended that the City Council, by motion, award a Contract to Circlepoint in the amount of $175,000 ($158,988 proposal + $16,012 (~10%) contingency) for preparation of the AWS Data Center EIR and authorize the City Administrator to execute the contract and associated documents.
ALTERNATIVES
1) Award the contract to a different consultant. Staff does not recommend this option based on staff’s review of the four (4) proposals.
2) Reject all proposals. Staff does not recommend this option as this would delay processing of the application.
FISCAL IMPACT
The base contract amount would be paid for by the applicant followed by payment of the contingency budget if necessary. The applicant would also be responsible for paying a $23,848 administrative fee and $23,848 project review fee, which are each equivalent to 15% of the base contract amount ($158,988). These additional fees help pay for City staff time (e.g., project planner and City Attorney) to review the consultant’s work
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(multiple drafts) and coordinate all components associated with processing of the EIR (e.g., public hearings, etc.).
NEXT STEPS
Upon Council’s approval, the contract will be executed, and Staff will work with the consultant to complete the scope of work.
Attachments:
1. Circlepoint Proposal 22-RFP-CDD-474
2. Circlepoint Standard Agreement for Services
3. Scope of Work
4. Milestone Schedule
5. Budget
6. Circlepoint W-9 2022
7. Circlepoint Certificate of Insurance
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GILROY DATA CENTER
ENVIRONMENTAL
IMPACT REPORT
NO. 22-RFP-CDD-474
CITY OF GILROY
COMMUNITY DEVELOPMENT
DEPARTMENT
Proposal for
MAY 2, 2022
Submitted to
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Cover Letter
May 2, 2022
Carina Baksa
Senior Management Analyst
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020-6197
Via email: [email protected]
RE: Request for Proposals Gilroy Data Center Environmental Impact Report No. 22-RFP-CDD-474 Dear Ms. Baksa,
On behalf of the entire Circlepoint team, I am pleased to submit our proposal to prepare an Environmental Impact Report (EIR) for the Gilroy Data Center (project) proposed by Amazon Data Services (the Applicant). As you will see in Exhibit B of this proposal, we have prepared a thoughtful and tailored approach to help the City of Gilroy (City) through this process in a timely fashion.
Based on the Request for Proposal (RFP) Letter provided by the City, Circlepoint understands that the City envisions preparing an EIR that conservatively assesses the potential impacts of the project. While other less robust environmental document options (such as an Initial Study/Mitigated Negative Declaration) may also be feasible, Circlepoint agrees with the City’s preferred approach because an EIR will allow maximum public and agency involvement and be more legally defensible in the event of a challenge. Circlepoint anticipates that the project will face the greatest scrutiny surrounding impacts associated with water supply and demand, air quality and greenhouse gas emissions, fire hazard from battery systems, increased VMT from project operation, and noise introduced to the project site. Strong project management will be required to execute the preparation of a timely and meticulous document that will withstand legal and public scrutiny with regards to these topics. This requires experience and the right skills which Circlepoint possesses based on our extensive history working on data centers in Santa Clara, San José, and Los Angeles.
Circlepoint understands that the Applicant has submitted a detailed project description that includes a “mitigation incorporated into the project design” approach. This approach is common within the CEC’s SPPE process, but presents legal concerns from a local agency CEQA perspective (such as Lotus v. Department of Transportation (223 Cal. App. 4th 645)). Circlepoint will work closely with the City to review the applicable standard conditions of approval along with existing local, regional, state, and federal policies and best practices that could support the use of some Applicant-provided measures as “project features.” Circlepoint will apply our robust understanding of managing legal risk and applying current case law to ensure the EIR appropriately identifies environmental impacts and discloses necessary mitigation.
Thank you again for your consideration. We look forward to working with you and providing you with premier environmental consulting services. Please feel free to contact me at (408) 715-1502 or [email protected] if you have any questions in the meantime.
Sincerely,
Andrew Metzger
Project Manager
| 42 South First Street, Suite D, San José, CA 95113 | (408) 715-1515 | www.circlepoint.com
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Qualifications
ENVIRONMENTAL TECHNICAL
PARTNERSHIPS/STRATEGY
• Biological Resources
• Cultural Resources
• Noise Assessments
• Air Quality
• Greenhouse Gases
• Transportation
• Hazardous Materials
• Hydrology & Water Quality
QUALIFICATIONS
FIRM PROFILE
Since 1987, Circlepoint has been a guiding force in helping our clients address complex issues and strengthen communities. Through our Environmental and Communications practice areas, we provide a dynamic combination of strategic advice and focused service. Based in Oakland with offices in San José and Orange, Circlepoint is a privately held California corporation and certified Small Business Enterprise (SBE). Each member of Circlepoint’s team is highly skilled in their field and dedicated to creating innovative solutions to complex issues and building a better future for communities. From project planning and environmental review to final design and construction, Circlepoint provides the full circle of resources clients need to successfully reach their goals.
Circlepoint’s environmental practice is molded on an integrated approach to public and private planning projects—environmental evaluation, design, and community outreach. We work closely with planning and design teams to identify environmental constraints early on, focus environmental documents on the important issues, and effectively involve stakeholders to build the support essential to bringing projects to fruition. We work with our clients, ensuring that we are providing a document that captures the correct components that will pave the way for success during and after the entitlement process.
CEQA/NEPA
DOCUMENTATION
• Environmental Impact Reports
• Environmental Impact Statements
• Initial Studies
• Environmental Assessments
• FONSI
• Mitigated Negative Declarations
• Categorical Exclusions
• Categorical Exemptions
ENVIRONMENTAL
ANALYSIS
• Constraints Analysis
• Visual Impact Assessments
• Community Impact
Assessments/
Environmental Justice
• Section 4(f) Evaluation
• Utilities/Public Services
• Interagency Coordination
Circlepoint has provided similar services for the following jurisdictions City of San José City of Santa Clara City of Los Angeles
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Qualifications
RELEVANT EXPERIENCE
2600 DE LA CRUZ DATA CENTER SPPE, SANTA CLARA
Project Overview
The project involved development of a new data center in the City of Santa Clara, near the San Jose Airport. Circlepoint lead the preparation of the Small Powerplant Exemption (SPPE) application to the California Energy Commission, including oversight and management of all supporting technical studies. Brianna Bohonok, Circlepoint’s managing Principal on the project, represented Circlepoint and the applicant team at all relevant CEC meetings and hearings, including preparation of materials for evidentiary hearings.
Circlepoint managed the preparation of data request responses received from the CEC and supported the project’s overall success in gaining a SPPE.
Key Accomplishments
Key pieces of this work included guiding the applicant through the SPPE process, providing strategic advice as necessary to successfully navigate hurdles and manage risk. Circlepoint also responded to comments from a wide array of stakeholders including the California Air Resources Board, Bay Area Air Quality Management District, and Department of Toxic Substances Control.
Client
C1-Santa Clara LLC
Location
Santa Clara, CA
Services
SPPE (IS/MND)
Circlepoint Budget
$150,000
Schedule
2018–2021
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Qualifications
CORESITE DATA CENTER SV9, SANTA CLARA
Project Overview
The 3.84-acre project site is currently developed with a one-story, 15,232 square foot building and parking lot, and is zoned for planned development.
The site is also designated light industrial in the City of Santa Clara 2010-2035 General Plan.
As part of the project, the existing single-story building and associated parking lot would be replaced with a new, four-story, 240,000 square foot data center and parking area(s).
Key Accomplishments
Circlepoint coordinated with City staff and the project applicant on background information and data needs, refined the City’s proposed CEQA approach, and prepared the administrative draft Initial Study (IS) / Mitigated Negative Declaration (MND) in accordance with the most recent CEQA Guidelines.
Following the close of the public review period, Circlepoint reviewed all comments received on the IS/proposed MND and worked with City to provide thoughtful and informative responses. Circlepoint then prepared the final MND and Mitigation, Monitoring, and Reporting Program (MMRP).
Client
CoreSite
Location
Santa Clara, CA
Services
IS/MND
Circlepoint Budget
$69,200
Schedule
2019–2022
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Qualifications
CORESITE DATA CENTER LA3, LOS ANGELES
Project Overview
Circlepoint completed CEQA documentation for a new data center and parking structure in the historic Chinatown area of Los Angeles. The project included working closely with the City and applicant to scope the appropriate type of CEQA analysis, including preliminary air quality and GHG emissions technical studies. After completion of an initial study using the CEQA Guidelines Appendix G checklist, Circlepoint prepared an addendum to the Alameda District Specific Plan EIR.
Key Accomplishments
Key pieces of this work included historic resources analysis; the project site includes a structure listed in the National Register of Historic Places.
Circlepoint worked in close coordination with the City and applicant’s design team to minimize and avoid impacts to the historic Post Office Terminal Annex. Implementation of the project would require the addition of new exterior structures to the historic structure, installation of new walkways and landscaping, and the reopening of a historic-period entrance and window. The final project design was evaluated in a historic conformance review, prepared by Jenna Snow Historical Preservation Consulting. The report evaluated the project’s conformance with the Secretary of Interior Standards for the Treatment of Historical Properties and determined no significant impacts would occur.
Client
CoreSite
Location
Los Angeles, CA
Services
CEQA Initial Study and
Addendum for Environmental
Documentation
Circlepoint Budget
$74,000
Schedule
2017
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Key Team Member Summary
KEY TEAM MEMBER SUMMARY
BRIANNA BOHONOK, AICP
PRINCIPAL
Brianna brings considerable experience as both a CEQA practitioner and land use planner to Circlepoint. She has managed CEQA and NEPA documents for projects across the State, including transit-oriented and mixed-use development, specific plans, highway/roadway projects, transit line extensions, and data centers. Her diverse experience allows her to be particularly effective in strategizing with clients about the most efficient and defensible approach to environmental review. She offers her clients flexible and thoughtful strategies based on the latest legislation, case law, emerging trends, and best practices. She is passionate about collaborating on each project to bring forward a smooth, efficient, and successful environmental process.
SELECTED EXPERIENCE
Principal, 2600 De La Cruz Data Center SPPE, City of Santa Clara
The project involved development of a new data center in the City of Santa Clara, near the San Jose Airport. Circlepoint lead the preparation of the Small Powerplant Exemption (SPPE) application to the California Energy Commission, including oversight and management of all supporting technical studies. Brianna represented Circlepoint and the applicant team at all relevant CEC meetings and hearings, including preparation of materials for evidentiary hearings. Circlepoint managed the preparation of data request responses received from the CEC and supported the project’s overall success in gaining a SPPE.
Project Manager, CoreSite Data Center SV9, Santa Clara
Circlepoint coordinated with City staff and the project applicant on background information and data needs, refined the City’s proposed CEQA approach, and prepared the administrative draft Initial Study (IS) / Mitigated Negative Declaration (MND) in accordance with the most recent CEQA Guidelines. Following the close of the public review period, Circlepoint reviewed all comments received on the IS/proposed MND and worked with City to provide thoughtful and informative responses.
Circlepoint then prepared the final MND and Mitigation, Monitoring, and Reporting Program (MMRP). Brianna oversaw preparation of technical analysis and the environmental documents and coordinated regularly with the project applicant and City.
Principal, 1150 Walsh Avenue SV1 Data Center Initial
Study/Mitigated Negative Declaration, City of Santa Clara Circlepoint led the Initial Study/Mitigated Negative Declaration for this data center project located near the Norman Y. Mineta San Jose International Airport. Though the City is home to many similar data Years of Experience
9 Education
Master of Urban Planning and
Policy, University of Illinois at
Chicago
B.S., Architecture, Philadelphia
University
Expertise
Project Management
Environmental Policy
CEQA and NEPA
Documentation
Case Law
Land Use Planning and
Entitlements
Certifications
American Institute of Certified
Planners
Affiliations
Member, Association of
Environmental Professionals
Member, American Planning
Association
Member, SPUR
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Key Team Member Summary
centers, this project is the first that would be completed after 2020, which is the horizon year for Santa Clara’s current Climate Action Plan. Brianna oversaw the Circlepoint team and preparation of the technical analysis.
Project Manager, CoreSite SV8 Data Center IS/MND, City of Santa Clara Circlepoint lead the preparation of an Initial Study with Mitigated Negative Declaration for a new data center in a rapidly developing area of Santa Clara. The project vicinity includes several other data centers which are not part of a specific or master planned development. Given the project context, Circlepoint worked closely with the client and City to develop a CEQA approach that adequately evaluates cumulative air quality and noise impacts where appropriate. Key pieces of this work included utility demand analysis, working with the project applicant to weigh the benefits of various energy conservation measures, and noise impact analysis. Brianna led the preparation of the checklist and analysis of key topics.
Project Manager, SV7 3032 Coronado Drive CoreSite Data Center Project, City of Santa Clara
Circlepoint completed an addendum to the CoreSite SV7 IS/MND, which was approved in 2014. The SV7 data center is near the proposed SV8 data center and other existing CoreSite data centers. Since project approval in 2014, Circlepoint has prepared three addenda for this project. The third addendum addressed the addition of ten new backup generators at the project site. Circlepoint worked closely with the City in developing an approach for the addendum, evaluating the project’s relationship to current and past CoreSite projects in the area. Brianna led the preparation of the checklist and analysis of key topics.
Project Manager, CoreSite LA3 Data Center Initial Study and Addendum, City of Los Angeles
Circlepoint led the preparation of CEQA documentation for a new data center and parking structure in the historic Chinatown area of Los Angeles. The project included working closely with the client and City to scope the appropriate type of CEQA analysis, including preliminary air quality and GHG emissions technical studies. As project manager, Brianna led the completion of an addendum to the Alameda District Specific Plan EIR, using the CEQA Guidelines Appendix G checklist. Key pieces of this work included utility demand analysis and historic resources analysis; the project site includes a structure listed in the National Register of Historic Places.
Project Manager, Lawrence Station Area Plan: 2904 Corvin Drive Residential Development, City of Santa Clara
Circlepoint worked with the City of Santa Clara and Allied Housing to provide environmental clearance for a new affordable housing development in the Lawrence Station Area Plan (LSAP) area. The LSAP environmental impact report (EIR) was prepared by Circlepoint as the lead environmental consultant in 2016 and evaluated the project site at a program level as a part of the LSAP Future Development area. Circlepoint worked on preparing an environmental compliance checklist under CEQA and an environmental assessment under NEPA. Brianna oversaw preparation of technical analysis and the environmental documents and coordinated regularly with the project applicant and City.
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Key Team Member Summary
Years of Experience
6 Education
B.S., Environmental Science,
Santa Clara University
Expertise
CEQA and NEPA
Documentation
Interdisciplinary
Communication and
Coordination
Project Management
Research and Analytical
Writing
Report Preparation
Client and Customer Service
ANDREW METZGER
PROJECT MANAGER
Andrew approaches each project from an interdisciplinary perspective fostered by a diverse background including both scientific and artistic training. He is most interested in placemaking and the potential for development to strengthen local communities. An accomplished writer, Andrew enjoys the challenge of synthesizing information from a wide range of technical experts into straightforward and coherent environmental documents.
SELECTED EXPERIENCE
Deputy Project Manager, 1150 Walsh Avenue SV1 Data
Center Initial Study/Mitigated Negative Declaration, City of Santa Clara
Andrew led the writing of an Initial Study/Mitigated Negative Declaration for this data center project located near the Norman Y. Mineta San Jose International Airport. Though the City is home to many similar data centers, this project is the first that would be completed after 2020, which is the horizon year for Santa Clara’s current Climate Action Plan. Andrew coordinated with both the City and the technical leads in order to surmount the challenges that this posed for the greenhouse gas analysis.
Project Manager, Diridon Station Area Plan Amendment
- Environmental Review, City of San José
The City of San José proposes to amend the Diridon Station Area Plan in response to several factors including the arrival of the Downtown West (Google) project, which proposes an altered vision for approximately 84 acres of the original Diridon Station Area Plan area. Andrew played a critical role in synthesizing the complex array of land use changes, development capacity increases, and transportation network adjustments into a clear and concise project description. Given the interplay between Diridon Station Area Plan, San José’s Downtown Strategy 2040 (2018), and the Google Project, Andrew coordinated closely with the City to carry out a unique environmental strategy that factors in all of these moving parts.
Additionally, Andrew worked with Air Quality, Transportation, Cultural Resources, and Noise specialists to prepare technical studies to support the environmental document.
Senior Associate Planner, Ball Estates Environmental
Impact Report, Contra Costa County
Located in the unincorporated Alamo community, this project proposed to subdivide a 60.5-acre site into 35 residential lots and 40 acres of undeveloped, protected open space. Neighboring residents raised concerns related to inadequate site drainage, construction-period noise, and potential contamination associated with previous agricultural
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Key Team Member Summary
operations. Circlepoint evaluated these issues in an Environmental Impact Report that was certified by the Contra Costa County Planning Commission in August 2019. Andrew was involved in every aspect of EIR development, drafting resource sections, coordinating publication and public review, responding to community comments, and preparing the Final Environmental Impact Report for County Certification.
Associate Planner, Moonlite Lanes Apartments Project Initial Study, City of Santa Clara The project will redevelop the existing AMC Moonlite Lanes Bowling Alley into a new apartment complex comprising 158 dwelling units. The project also includes the construction of a six-level parking structure, with one level below grade, and 268 parking spaces. For the project permit to be approved, a General Plan Amendment to change the site’s designation and zoning, as well as a General Plan Discretionary Approval were warranted.
Following public circulation, Andrew led the effort to respond to public comments and prepared the final Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.
Project Manager, 1214 Donnelly Avenue Initial Study/Mitigated Negative Declaration, City of Burlingame
The applicant proposes to replace a mostly vacant lot created by a 2013 fire with a mixed-use development including 14 residential units and approximately 5,000 square feet of ground-floor commercial retail space. As the Project Manager, Andrew facilitated preparation of the document and coordinated with Air Quality, Noise, and Transportation specialists to prepare supporting technical documentation. Andrew guided the City through new transmittal and public circulation processes necessitated by COVID-19. He also attended Planning Commission and City Council meetings to respond to comments on the environmental document. The project and Initial Study/Mitigated Negative Declaration were unanimously approved by Burlingame City Council in September 2020.
Deputy Project Manager, 920 Bayswater Avenue Initial Study/Mitigated Negative Declaration, City of Burlingame
This housing project will introduce 128 new apartment units into downtown Burlingame, with 10 percent of the units designated as affordable housing. As the Deputy Project Manager, Andrew oversaw the Initial Study/ Mitigated Negative Declaration from start to finish and served as the lead author.
Deputy Project Manager, 1095 Rollins Road Apartments Project Initial Study/Mitigated Negative Declaration, City of Burlingame
This housing project will introduce 150 new apartment units just outside of downtown Burlingame, with 15 units affordable for moderate income households. In addition to orchestrating the Initial Study/Mitigated Negative Declaration, Andrew continues to work with the City to address unique challenges such as the recent adoption of a new general plan and the project’s proximity to a major highway.
Associate Planner, Burlingame 85 California Drive Initial Study/Mitigated Negative Declaration, City of Burlingame
The City of Burlingame received an application to demolish an existing automobile service facility and construct a new, larger automobile service facility for an existing Subaru automobile dealership within the Burlingame Downtown Specific Plan area. Andrew wrote many of the Initial Study sections and headed the production and publication processes for the completed document.
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Key Team Member Summary
Years of Experience
3 Education
B.S., Environmental Policy,
Planning, and Analysis,
University of California, Davis
B.A., Communications,
University of California, Davis
Expertise
Environmental Policy and
Planning
Proficiency in ArcGIS
Strong written and verbal
communications skills
Affiliations
Member, San Francisco Bay
Area Planning and Urban
Research Association (SPUR)
Member, Silicon Valley Bicycle
Coalition
JULIET MARTIN
SENIOR ASSOCIATE PLANNER
Juliet approaches each project with attention to detail and passion for the environment. She specializes in preparing CEQA and NEPA documents with a special interest in coordinating permitting as it pertains to biological resources with state and federal agencies. She serves as a deputy project manager on many of her projects and helps to organize large teams to meet aggressive deadlines on high profiles projects, such as California High-Speed Rail. With degrees in Environmental Policy and Communications, Juliet provides valuable insight to both the Environmental and Communications teams on a variety of projects in the land use and transportation market sectors.
SELECTED EXPERIENCE
Associate Planner, Ball Estates EIR, Contra Costa County Located in the unincorporated Alamo community, this project proposed to subdivide a 60.5-acre site into 35 residential lots and 40 acres of undeveloped, protected open space. Neighboring residents raised concerns related to inadequate site drainage, construction-period noise, and potential contaminants associated with previous agricultural operations. Circlepoint evaluated these issues in an EIR that was certified by the Contra Costa County Planning Commission in August 2019. Juliet responded to public comments received on the draft EIR and produced the Final EIR.
Deputy Project Manager, Hyatt House Hotel EIR, City of
Half Moon Bay
The City of Half Moon Bay is considering the development of a three-story, 147-room hotel within the Downtown Neighborhood of the City of Half Moon Bay. Circlepoint is currently preparing the EIR for the project. Key environmental topics include potential impacts to scenic resources, existing wetlands, noise, and traffic. Juliet is helping produce the EIR for the project by coordinating with the City of Half Moon Bay and the project’s technical subconsultants to assess project needs. She has ownership in the research and writing of several of the resource sections.
Associate Planner, 335 South Winchester IS/MND, Urban
Village, City of San José
The 30,914 square-foot project site is located within the Santana Row/ Valley Fair (SRVF) Urban Village Plan area within a developed area and is designated Mixed Use Commercial. The project applicant is proposing to replace the existing building on site with a four-story commercial development with office and/or retail. Circlepoint is preparing technical reports including an air, noise, biological, and traffic analysis to support the exemption of the project for a Class 32 categorical exemption (CE) under CEQA Guidelines 15332. Juliet was responsible for research and writing several of the resource sections.
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Packet Pg. 115 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
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References
REFERENCES
GLORIA SCIARA
Development Review Officer
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
(408) 615-2453
[email protected]
DR. ROBERT K. MANFORD
Deputy Director - Planning
City of San José
Department of Planning
Building and Code Enforcement
200 E. Santa Clara St. 3rd Floor
San José, CA 95113
(408) 535-7900
[email protected]
KEVIN GARDINER
Planning Manager
City of Burlingame
501 Primrose Avenue
Burlingame, CA 94010
(650) 558-7253
[email protected]
“I just wanted to take a moment to thank you (Andrew Metzger) and your team for your professional work on the 1214 Donnelly Avenue Project. Our meetings with the Planning Commission and City Council went extremely smooth, with no questions for Circlepoint, which my in my opinion shows that the document was meaningful and well-prepared. I especially appreciate that in light of how busy we are, Circlepoint provided prompt responses to our requests, communicated well with the City, and was always aware of budget and schedule.”
–Ruben Hurin, Planning Manager
City of Burlingame
(650) 558-7256
[email protected]
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Packet Pg. 116 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
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Exhibit B—Scope of Work
EXHIBIT B—SCOPE OF WORK
Thank you for this exciting opportunity to work with the City of Gilroy (City). We are pleased to provide this proposal, which outlines Circlepoint’s approach to preparing an Environmental Impact Report (EIR) for the Gilroy Data Center (project) proposed by Amazon Data Services (the Applicant).
PROJECT UNDERSTANDING
Circlepoint understands that the project will consist of the following components to be constructed in two phases:
• Two data center buildings and one security building totaling approximately 438,500 square feet; • Backup generating facilities to provide electricity to critical data center operations in the event of a loss of utility power;
• Two battery energy storage systems;
• A new substation/switchyard and a double circuit transmission upgrade; • A new recycled water pipeline;
• Ancillary utility infrastructure for connection to existing stormwater and potable water pipelines; • Security fencing;
• General Site Grading, Stormwater and Landscaping.
Phase I will be a traditional data center set up, requiring the use of diesel-powered backup generators. Circlepoint understands that the Applicant is committed to Tier-4 compliant backup generators, as required by the Bay Area Air Quality Management District (BAAQMD). Phase II will utilize an emerging technology to provide backup energy in the event of a power failure. Given that Phase I will have a maximum electrical demand of 49 MW and Phase II would leverage an alternative energy supply instead of diesel generators, the California Energy Commission (CEC) would not have jurisdiction over the project. Therefore, the project is not required to seek a Small Power Plant Exemption (SPPE) from CEC’s jurisdiction, and the project can follow the normal CEQA clearance process at the local level.
The project will require water for cooling when outside air temperatures exceed 83 degrees F. The data center will be designed to use recycled water provided by the City of Gilroy, once available, and a potable water connection will serve as a back-up source to the recycled water supply. Given the level of water demand required for the project, both potable and recycled, it is critical that the availability of water resources to meet project demand is adequately analyzed.
The project site’s former use for agricultural production indicates that vehicle miles traveled (VMT) generated from construction and operations of the project would be considered net new to the project site. The project is expected to include 25 employees to operate the data center and 37 employees to assemble the data equipment.
Circlepoint will use the peer-reviewed VMT analysis to carefully consider impacts.
APPROACH
Our approach focuses on working collaboratively with City staff, the Applicant, and other stakeholders. This collaborative approach can streamline the environmental process by ensuring an efficient response to changes in the project and allowing us to address significant issues early. We also focus on making the environmental review process and environmental document as clear and straightforward as possible, so the general public and agencies understand the process, analysis, and issues being addressed.
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Packet Pg. 117 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
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Exhibit B—Scope of Work
Based on the Request for Proposal (RFP) Letter provided by the City, Circlepoint understands that the City envisions preparing an Environmental Impact Report (EIR) that conservatively assesses the potential impacts of the project. While other less robust environmental document options (such as an Initial Study/Mitigated Negative Declaration) may also be feasible, Circlepoint agrees with the City’s preferred approach because an EIR will allow maximum public and agency involvement and be more legally defensible in the event of a challenge. Circlepoint anticipates that the project will face the greatest scrutiny surrounding impacts associated with water supply and demand, air quality and greenhouse gas emissions, fire hazard from battery systems, increased VMT from project operation, and noise introduced to the project site. Strong project management will be required to execute the preparation of a timely and meticulous document that will withstand legal and public scrutiny with regards to these topics. This requires experience and the right skills which Circlepoint possesses based on our extensive history working on data centers in Santa Clara, San José, and Los Angeles.
For resource topics where impacts that are not considered potentially significant, Circlepoint would identify opportunities for environmental streamlining. The EIR could address topics such as Mineral Resources, Recreation, and Population/Housing by briefly indicating the reasons that various possible significant effects of a project were determined not to be significant and were therefore not discussed in detail in the EIR, pursuant to the CEQA Guidelines Section 15128.
Circlepoint understands the Applicant has submitted a detailed project description that includes a “mitigation incorporated into the project design” approach. This approach is common within the CEC’s SPPE process, but presents legal concerns from a local agency CEQA perspective (such as Lotus v. Department of Transportation (223 Cal. App. 4th 645)). Circlepoint will work closely with the City to review the applicable standard conditions of approval along with existing local, regional, state, and federal policies and best practices that could support the use of some Applicant-provided measures as “project features.” Circlepoint will apply our robust understanding of managing legal risk and applying current case law to ensure the EIR appropriately identifies environmental impacts and discloses necessary mitigation.
QUALITY ASSURANCE/QUALITY CONTROL PROCESS
Circlepoint’s quality assurance/quality control (QA/QC) process ensures the continuing integrity and quality of all services and deliverables. Our QA/QC process includes senior review responsibilities for both the Project Manager and the Principal-in-Charge. The Project Manager directs and reviews project team work on deliverables and work products. The Principal-in-Charge then reviews and approves interim and final work products. Finally, a proofreader completes a final review, following specific directives to verify and assure quality printed work products before a work product is delivered to a client or printer. The following table summarizes the management structure that Circlepoint uses to ensure the quality of every document we produce.
ROLE RESPONSIBILITIES
Principal-in-Charge • Overall quality control and quality assurance of all work products Project Manager • Primary client contact
• Oversees document preparation and coordination with technical subconsultants • Provides intermediate QA review and technical editing prior to PIC review Senior Associate • Secondary client contact, often acting in a Deputy Project Manager capacity • Coordinates information requests, delivery schedules, and day-to-day communication with technical consultant
• Lead reviewer and proofreader for most documents
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Packet Pg. 118 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
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Exhibit B—Scope of Work
ROLE RESPONSIBILITIES
Associate / Assistant • Authorship of individual document sections • Research for document sections not covered by a technical report • Technical editing / formatting / production of all work products Coordinator / Graphics • Preparation of graphics and maps
WORK PLAN
TASK 1: KICKOFF AND MEETINGS
Circlepoint will participate in one (1) kickoff meeting with the City to introduce team members, discuss initial data requests, and develop the project schedule. Circlepoint will confirm the scope of environmental analysis and methodologies with the City at the kickoff meeting and submit a comprehensive data request. Circlepoint anticipates attendance at the following meetings:
• Kickoff meeting
• Twenty four (24) Bi-weekly Check In Meetings with City (Based on anticipated project schedule) • Up to five (5) Planning Commission/City Council Meetings TASK 2: SCOPING MEETING AND NOTICE OF PREPARATION
Circlepoint will prepare a Notice of Preparation (NOP) to inform the public and applicable stakeholders that environmental documentation is being prepared for the project. Consistent with Section 15082 of the CEQA Guidelines, the NOP materials shall include a description of the project, the location of the project, and probable environmental effects of the project. The NOP is anticipated to screen out some environmental topics where no impacts are anticipated, such as mineral and forestry resources. Following distribution of the NOP, Circlepoint will work closely with the City to facilitate a Public Scoping Meeting and provide recommendations in meeting materials and presentation and in developing meeting notifications. Circlepoint will record comments received in response to the Public Scoping Meeting and the NOP and strategize with the City on incorporating these “known issues” into the EIR.
TASK 3: PROJECT DESCRIPTION
Circlepoint will prepare and submit a project description for City review and approval. Circlepoint will build upon the project description prepared by the Applicant and ensure it meets the requirements of CEQA Guidelines Section 15124. Circlepoint anticipates that the existing project description contains the majority of information needed for CEQA analysis. Circlepoint will revise the project description in response to one round of comments from the City. Circlepoint will utilize the following background materials (to be provided by the City/Applicant) to complete the project description:
• Preliminary geotechnical feasibility report
• Technical specifications for backup generators (including exhaust details), rooftop equipment, and cooling systems
• Commissioning test details (duration, number of generators) and maintenance testing plan • Average rack power rating and power usage efficiency
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Packet Pg. 119 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
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Exhibit B—Scope of Work
• Utility “will-serve” letters for electrical and water utilities and/or supply assessments if required by the City or utility provider
• Total anticipated power consumption (average, daily or annual) • Total daily water demand ; can be prorated from annual demand • Sanitary sewer capacity study, if required by City
• Arborist report, if required by City
• Construction assumptions, including duration, phasing, construction start and end months, and review of construction equipment list
Key Deliverable: Project Description
TASK 4: PROJECT MANAGEMENT
Circlepoint will provide ongoing project management throughout the environmental review process including coordination with subconsultants, City staff, and outside regulatory agencies as applicable. Circlepoint will maintain a project schedule and provide regular updates to the City. Circlepoint will also prepare monthly progress reports to accompany monthly invoices containing the following information: the beginning and ending dates of the billing period; budget summary including budget spent to date and budget remaining; and a Task Summary for each work task, containing the name of the person doing the work, the hours spent by each person, and a brief description of the work.
TASK 5: TECHNICAL STUDIES
Based on the background materials provided with the City’s RFP, Circlepoint understands that the Applicant has provided several background documents for consideration including aesthetics, biological resources, cultural resources, geology and soils, land use, mineral resources, public services, recreation, hazardous materials, transportation, tribal resources, utilities, and wildfire. Additionally, the following technical studies have been prepared by the Applicant and/or City:
• Air Quality Impact Assessment
• Natural Resources Memorandum
• Archaeological Literature Search
• Geotechnical Desktop Review
• Geotechnical Considerations Report
• Phase I Environmental Site Assessment
• Phase II Environmental Site Assessment
• Environmental Noise & Vibration Assessment
• Environmental Noise & Vibration Assessment Addendum
• Transportation Attachments, VMT Analysis, including Peer Review of VMT Assessment • California Energy Commission Tribal Outreach Letters
• City of Gilroy Assessment of Water Supply
• Arborist Report
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Packet Pg. 120 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
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Exhibit B—Scope of Work
Circlepoint will conduct a gap analysis to ensure each of these technical studies provides the information necessary to support and complete the EIR per CEQA guidelines. If additional technical analysis is required, Circlepoint will coordinate with the City to strategize on the best course of action. Additional studies would require an amendment to this scope and fee. We assume all reports listed above will be provided to Circlepoint in a format acceptable for use in supporting a CEQA document and can be publicly circulated.
TASK 6: DRAFT EIR
Circlepoint will prepare a Draft EIR consistent with CEQA Guidelines Article 9. The Draft EIR will meet all City standards for content and formatting.
Task 6.1: Administrative Draft EIR
The background materials provided with the City’s RFP Letter included CEQA-related documents which assess and analyze project impacts for a number of resources. Circlepoint will rely upon the analysis already prepared to the maximum extent feasible, expanding only where required for the purposes of CEQA sufficiency. Circlepoint will prepare the setting, impacts, and mitigation discussions for each environmental topic area set forth in Appendix G of the CEQA Guidelines. Circlepoint will prepare a summary of existing conditions, pertinent regulations, and a description of the regional setting, placing special emphasis on any rare or unique environmental resources in the project area. Circlepoint will review and reference relevant policies and regulations from the City’s General Plan and Zoning Code, and other documents required for the analysis as applicable. The EIR will also include an analysis of alternatives to the project, an assessment of cumulative impacts associated with the project, and a description of comments received during the scoping period. Circlepoint assumes that up to three alternatives will be evaluated in the EIR, including (for example) a reduced development alternative, a reduced backup electric generation alternative, and/or a backup electric generation technology alternative. For the cumulative impacts analysis, Circlepoint will use the City’s General Plan as a guide for reasonably foreseeable projects in the surrounding area.
Circlepoint will prepare a draft mitigation monitoring and reporting program (MMRP) to be submitted with the Administrative Draft EIR for City review. The draft MMRP will develop and present feasible mitigation for significant impacts identified in the Administrative EIR, identify the responsible party for implementing and monitoring each mitigation measure, and identify monitoring triggers and reporting frequency for each measure.
The Administrative Draft and MMRP will be provided in electronic formats to the City.
Key Deliverables: Administrative Draft EIR, draft MMRP
Task 6.2: Screencheck Draft EIR
Circlepoint will amend the Administrative Draft EIR based on up to two (2) rounds of review by City staff.
Circlepoint will then provide clean, compiled PDF and MS Word versions of the screencheck draft EIR to verify that all requested changes have been made and all appendix materials, references and final graphics are acceptable.
Key Deliverables: Second Administrative Draft EIR, Screencheck Draft EIR.
Task 6.3: Public Draft EIR
Circlepoint will make final amendments to the Screencheck Draft EIR based on a single set of consolidated comments and submit web-ready versions of the EIR and all associated appendices. Hardcopies of the EIR can be provided on a time and materials basis, if requested by the City. Circlepoint will also prepare the combined Notice of Availability/Release and a Notice of Completion in accordance with Section 15087 of the CEQA Guidelines, and provide advice as needed to the City regarding distribution of the Draft EIR pursuant to CEQA and City review procedures. Consistent with Section 15087, notice availability of the Draft EIR will be published in a newspaper of general circulation in the affected are, posted on and off the site in the area where the
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Packet Pg. 121 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
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Exhibit B—Scope of Work
project is to be located, and mailed to the owners and occupants of property contiguous to the parcel or parcels on which the project is located.
The Draft EIR will be circulated for a minimum of 45 days. While public hearings are not required as an element of the CEQA process, they are encouraged to facilitate the public commenting process and address known issues of the project. Circlepoint recommends that the City hold a public hearing during the circulation period given the anticipated public controversy surrounding the project. This scope includes a public hearing as an optional task.
OPTIONAL TASK: Public Hearing
Key Deliverables: Draft EIR, NOA, NOC
TASK 7: FINAL EIR
Task 7.1: Response to Public Comments
Circlepoint will prepare written responses to comments on the Draft EIR following the public review period.
Circlepoint assumes the City will provide copies of all written comments. Should the City decide to advance with the public hearing, which is included in this scope as an optional task, Circlepoint will assist the City in recording written and verbal comments at the hearing. Circlepoint will compile all comments with alpha-numeric codings and develop a list of major issues/concerns. Circlepoint will attend one (1) meeting with City staff following the close of the comment period to discuss the best approach, which may include the use of master responses to facilitate the response to similar or repeated comments. Comment responses will be incorporated to the Final EIR for the City’s review.
Circlepoint hours listed in the proposed budget for responses to comments are an allowance. If an unusually large volume of comments are received (over 15 distinct comment letters), Circlepoint will confer with the City to determine an appropriate path forward. The scope and budget also assumes responses do not require substantial additional research, analysis, or meetings with commenters.
Task 7.2: Final EIR
Circlepoint will prepare a Final EIR which includes responses to all public comments received during the circulation period. Consistent with Section 15132 of the CEQA Guidelines, the Final EIR will comprise the following elements:
• Project Description
• A Summary of the Environmental Process
• Identification of the Preferred Alternative
• Responses to Comments, including a list of persons, organizations, and public agencies commenting on the draft EIR; the comments received, and the City’s responses to each comment • An Erratum to address any necessary changes to the Draft EIR that may result from public comments • Appendices (as needed)
Based on up to two (2) sets of consolidated comments from the City, Circlepoint will revise the responses to comments document and will provide electronic copies of the final EIR to the City.
Key Deliverables: Response to Public Comments, Final EIR.
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Packet Pg. 122 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
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Exhibit B—Scope of Work
ASSUMPTIONS
The following assumptions apply to this project:
»Circlepoint anticipates responding to three (3) rounds of revisions from the City on the EIR including two (2) administrative drafts and one (1) screencheck draft prior to publication. »Comments on draft documents will be provided to Circlepoint electronically using Microsoft Word’s Track Change feature and will be compiled into a single file. Any conflicting comments between City reviewing staff will be resolved prior to forwarding to the consultants. »All submittals will be conducted electronically (PDF and Microsoft Word versions). Electronic versions will be provided in both word and pdf format. Additional hard copies and electronic versions can be provided upon request by the City.
»Circlepoint assumes that all edits and revisions between the Draft and Final EIR would be minor in nature, would not require any new technical studies, and would not introduce any new significant environmental effects or substantial changes to previously identified mitigation. Should any such revisions be necessary, the Draft EIR may need to be recirculated pursuant to CEQA Guidelines Section 15088.5. »Circlepoint assumes the City will lead scheduling, securing the venue, and notification development and distribution for the Public Scoping Meeting. Should the City request additional support in this task, this can be addressed in coordination with the City and the preparation of a scope addendum.
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Packet Pg. 123 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
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Exhibit C—Milestone Schedule
EXHIBIT C—MILESTONE SCHEDULE
The Circlepoint team will initiate work on this project upon contract execution. Background research, site visits, and reporting will commence immediately. The completion of the EIR process typically takes 10 to 12 months, depending on the City’s review time.
MILESTONE ESTIMATED COMPLETION DATE
Kick Off Meeting and Submittal of Data Request Mid-to-Late June, 2022 Receipt of Requested Data Early July, 2022
Submittal of Draft Project Description Late July, 2022
City Comments on Draft Project Description Mid-to-Late August, 2022 Finalization of Project Description August/September, 2022 Technical Reports Gap Analysis September, 2022
NOP Preparation September/October, 2022
City Reviews NOP materials Early-To-Mid October, 2022
Scoping Meeting Early November, 2022
Compilation of NOP Comments to be included in EIR Late November, 2022 Submittal of Administrative Draft EIR December, 2022
City Provides Comments on Administrative Draft EIR
(4 weeks for first review)
January 2023
Submittal of Second Administrative Draft EIR January/February, 2023 City Provides Comments on Second Administrative Draft EIR (3 week review)
February, 2023
Submittal of Screencheck Draft EIR March, 2023
Public Circulation of Draft EIR March, 2023
Public Meetings (Optional)April, 2023
Meeting with City to discuss Public Comments received May, 2023 Submittal of First Draft of Final EIR May, 2023
City Review Provides Comments on First Draft of Final EIR (3 week review)
June, 2023
Submittal of Final EIR June/July, 2023
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Packet Pg. 124 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
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Exhibit D—Payment Schedule
EXHIBIT D—PAYMENT SCHEDULE
Circlepoint would complete the tasks described above for a not-to-exceed fee of $158,988.
Tasks Principal
Comms
Sr. PM PM Sr. Assoc Associate
Assistant /
Coordinator
Sr.
Web/Graphics
Rates 252$ 197$ 173$ 138$ 118$ 103$ 144$ Task 1 Kickoff, Project Description, and Meetings
1.1 Kick Off Meeting 2 - 4 4 - - 10 1,244.00$
1.2 Bi-Weekly Check In Meetings - - 24 24 - - - 48 7,464.00$
1.3 Planning Comissions/City Council Meetings 5 - 30 10 - - 45 6,570.00$ Subtotal Task 1 Kickoff, Project Description, and Mee 7 - 58 38 - - - 103 15,278.00$ Task 2 Public Scoping and NOP
2.1 Public Scoping Meeting 1 6 4 4 4 20 4 43 5,534.00$
2.2 NOP materials 1 8 8 10 10 - 37 5,520.00$ Subtotal Task 2 Public Scoping and NOP 1 8 8 10 10 - - 37 5,520.00$ Task 3 Project Description
3.1 Project Description 2 - 10 10 8 8 - 38 4,878.00$ Subtotal Task 3 Project Description 2 - 10 10 8 8 - 38 4,878.00$ Task 4 Project Management
4.1 Project Management and Coordination 20 20 80 20 - - - 140 20,540.00$ Subtotal Task 4 Project Management 20 20 80 20 - - - 140 20,540.00$ Task 5 Technical Studies
5.1 Gap Analysis 4 - 20 20 20 - 64 8,580.00$ Subtotal Task 5 Technical Studies 4 - 20 20 20 - - 64 8,580.00$ Task 6 Admin Draft EIR
6.1 Admin Draft EIR 10 - 40 80 110 110 - 350 42,270.00$
6.2 Screencheck Draft EIR 4 - 20 30 40 60 - 154 18,500.00$
6.3 Public Draft EIR 4 - 20 30 40 40 - 134 16,440.00$ Subtotal Task 6 Admin Draft EIR 18 - 80 140 190 210 - 638 77,210.00$ Task 7 Final EIR
7.1 Response to Public Comments and Final EIR 4 - 24 40 40 40 - 148 18,512.00$
7.2 Final EIR 4 10 20 20 20 74 8,910.00$ Subtotal Task 7 Final EIR 4 - 24 40 40 40 - 148 18,512.00$ Labor Subtotal 55 20 272 268 258 258 - 1,131 150,518.00$ Labor Contingency -$
Total Labor 150,518.00$
ODCs
Travel 500.00$
Scoping Meeting (Printing, Materials, Misc)1,000.00$
Notification Mailer (NOA)5,000.00$
Display Ad Placement 1,200.00$
Subtotal ODCs 7,700.00$
10.0% Mark-Up on ODCs 770.00$
Total ODCs 8,470.00$
TOTAL 158,988.00$
Optional Tasks
Public Hearing 8 12 20 4 6,288.00$
Assumptions
Rates are effective through December 31, 2022 and are subject to annual escalation Please see scope of work for detailed assumptions
Total
Hours
Total
Dollars
5/2/2022 9:41 AM Page 1 of 1
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Packet Pg. 125 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
For more information, please contact
Andrew Metzger, Project Manager
(408) 715-1502
[email protected]
42 South First Street, Suite D
San Jose, CA 95113
www.circlepoint.com
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Packet Pg. 126 Attachment: Circlepoint Proposal 22-RFP-CDD-474 (3812 : AWS Data Center EIR Award of Contract)
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LAC\04706083
AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 6th day of June, 2022, between:
CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONSULTANT: Circlepoint, having a principal place of business at 42 South First Street, Suite D, San Jose, CA 95113.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on June 7, 2022 and will continue in effect through December 30, 2023 unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSU LTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: Perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”).
B. Method of Performing Services
CONSULTANT shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT’S services.
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C. Employment of Assistants
CONSULTANT may, at the CONSULTANT’S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT’S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding.
D. Place of Work
CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT’S services.
ARTICLE 4. COMPENSATION
A. Consideration
In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONSULTANT exceed $175,000 including a base budget of $158,988 and a contingency budget of $16,012.
B. Invoices
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONSULTANT has first provided City with a written receipt of in voice describing the work performed and any approved direct expenses (as provided for in Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection wit hin thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be
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responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” ARTICLE 5. OBLIGATIONS OF CONSULTANT
A. Tools and Instrumentalities
CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY.
B. Workers’ Compensation
CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property,
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including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY’S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms.
E. Assignment
Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion.
F. State and Federal Taxes
As CONSULTANT is not CITY’S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that:
• CITY will not withhold FICA (Social Security) from CONSULTANT’S payments;
• CITY will not make state or federal unemployment insurance contributions on CONSULTANT’S behalf;
• CITY will not withhold state or federal income tax from payment to CONSULTANT;
• CITY will not make disability insurance contributions on behalf of CONSULTANT;
• CITY will not obtain workers’ compensation insurance on behalf of CONSULTANT.
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ARTICLE 6. OBLIGATIONS OF CITY
A. Cooperation of City
CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT’S duties under this Agreement.
B. Assignment
CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT’S duties or obligations under this Agreement.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of Consultant’s Business/ Death of Consultant.
CONSULTANT shall notify CITY of the proposed sale of CONSULTANT’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale.
If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT.
B. Termination by City for Default of Consultant
Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following:
1. CONSULTANT’S failure to professionally and/or timely perform any of the services contemplated by this Agreement.
2. CONSULTANT’S breach of any of its representations, warranties or covenants contained in this Agreement.
CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT’S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY
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may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement.
C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT’S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY.
D. Transition after Termination
Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT’s duties by any new consultant hired by the CITY to complete such services.
ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto.
B. Americans with Disabilities Act of 1990
Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either.
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C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation.
E. Compliance with Laws
The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor.
F. Conflict of Interest
CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY.
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H. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California.
I. Notices
Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be inval id, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
L. Waiver
CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
Executed at Gilroy, California, on the date and year first above written.
CONSULTANT: CITY:
Circlepoint, Inc. CITY OF GILROY
By: By:
Name: Audrey Zagazeta Name: Jimmy Forbis
Title: President and CEO Title: City Administrator
Social Security or Taxpayer
Identification Number 94-3171809
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Approved as to Form ATTEST:
City Attorney City Clerk
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EXHIBIT “A”
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONSULTANT shall provide the services indicated on the attached Exhibit “B”, Scope of Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Andrew Metzger, who will act in the capacity of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED/COMPLETION OF SERVICE
A. NOTICE TO PROCEED
CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written “Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Cindy McCormick shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be as set forth in the attached Exhibit “C”.
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement.
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Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY.
CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses.
Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses.
V. OTHER PROVISIONS
A. STANDARD OF WORKMANSHIP
CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT’S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes.
B. RESPONSIBILITY OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY’S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’S negligent performance of any of the services furnished under this Agreement.
C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request.
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be di sclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.
E. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT.
G. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.
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H. NOTICES.
Notices are to be sent as follows:
CITY: Cindy McCormick
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Andrew Metzger
Circlepoint, Inc.
42 South First Street, Suite D
San Jose, CA 95113
I. FEDERAL FUNDING REQUIREMENTS.
If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply.
1. DBE Program
CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items.
3. Covenant against Contingent Fees
The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
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EXHIBIT “B”
SCOPE OF SERVICES
Attached
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EXHIBIT “C”
MILESTONE SCHEDULE
Attached
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EXHIBIT “D”
PAYMENT SCHEDULE
Attached
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Exhibit B—Scope of Work
EXHIBIT B—SCOPE OF WORK
Thank you for this exciting opportunity to work with the City of Gilroy (City). We are pleased to provide this proposal, which outlines Circlepoint’s approach to preparing an Environmental Impact Report (EIR) for the Gilroy Data Center (project) proposed by Amazon Data Services (the Applicant).
PROJECT UNDERSTANDING
Circlepoint understands that the project will consist of the following components to be constructed in two phases:
• Two data center buildings and one security building totaling approximately 438,500 square feet; • Backup generating facilities to provide electricity to critical data center operations in the event of a loss of utility power;
• Two battery energy storage systems;
• A new substation/switchyard and a double circuit transmission upgrade; • A new recycled water pipeline;
• Ancillary utility infrastructure for connection to existing stormwater and potable water pipelines; • Security fencing;
• General Site Grading, Stormwater and Landscaping.
Phase I will be a traditional data center set up, requiring the use of diesel-powered backup generators. Circlepoint understands that the Applicant is committed to Tier-4 compliant backup generators, as required by the Bay Area Air Quality Management District (BAAQMD). Phase II will utilize an emerging technology to provide backup energy in the event of a power failure. Given that Phase I will have a maximum electrical demand of 49 MW and Phase II would leverage an alternative energy supply instead of diesel generators, the California Energy Commission (CEC) would not have jurisdiction over the project. Therefore, the project is not required to seek a Small Power Plant Exemption (SPPE) from CEC’s jurisdiction, and the project can follow the normal CEQA clearance process at the local level.
The project will require water for cooling when outside air temperatures exceed 83 degrees F. The data center will be designed to use recycled water provided by the City of Gilroy, once available, and a potable water connection will serve as a back-up source to the recycled water supply. Given the level of water demand required for the project, both potable and recycled, it is critical that the availability of water resources to meet project demand is adequately analyzed.
The project site’s former use for agricultural production indicates that vehicle miles traveled (VMT) generated from construction and operations of the project would be considered net new to the project site. The project is expected to include 25 employees to operate the data center and 37 employees to assemble the data equipment.
Circlepoint will use the peer-reviewed VMT analysis to carefully consider impacts.
APPROACH
process and environmental document as clear and straightforward as possible, so the general public and agencies understand the process, analysis, and issues being addressed.
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Packet Pg. 143 Attachment: Scope of Work (3812 : AWS Data Center EIR Award of Contract)
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Exhibit B—Scope of Work
Based on the Request for Proposal (RFP) Letter provided by the City, Circlepoint understands that the City envisions preparing an Environmental Impact Report (EIR) that conservatively assesses the potential impacts of the project. While other less robust environmental document options (such as an Initial Study/Mitigated Negative Declaration) may also be feasible, Circlepoint agrees with the City’s preferred approach because an EIR will allow maximum public and agency involvement and be more legally defensible in the event of a challenge. Circlepoint anticipates that the project will face the greatest scrutiny surrounding impacts associated with water supply and operation, and noise introduced to the project site. Strong project management will be required to execute the preparation of a timely and meticulous document that will withstand legal and public scrutiny with regards to these topics. This requires experience and the right skills which Circlepoint possesses based on our extensive history working on data centers in Santa Clara, San José, and Los Angeles. opportunities for environmental streamlining. The EIR could address topics such as Mineral Resources, the CEQA Guidelines Section 15128.
Circlepoint understands the Applicant has submitted a detailed project description that includes a “mitigation incorporated into the project design” approach. This approach is common within the CEC’s SPPE process, but presents legal concerns from a local agency CEQA perspective (such as Lotus v. Department of Transportation (223 Cal. App. 4th 645)). Circlepoint will work closely with the City to review the applicable standard conditions of approval along with existing local, regional, state, and federal policies and best practices that could support the use of some Applicant-provided measures as “project features.” Circlepoint will apply our robust understanding impacts and discloses necessary mitigation.
QUALITY ASSURANCE/QUALITY CONTROL PROCESS
Circlepoint’s quality assurance/quality control (QA/QC) process ensures the continuing integrity and quality of all services and deliverables. Our QA/QC process includes senior review responsibilities for both the Project Manager and the Principal-in-Charge. The Project Manager directs and reviews project team work on deliverables products before a work product is delivered to a client or printer. The following table summarizes the management structure that Circlepoint uses to ensure the quality of every document we produce.
ROLE RESPONSIBILITIES
Principal-in-Charge • Overall quality control and quality assurance of all work products Project Manager • Primary client contact
• Oversees document preparation and coordination with technical subconsultants • Provides intermediate QA review and technical editing prior to PIC review Senior Associate • Secondary client contact, often acting in a Deputy Project Manager capacity • Coordinates information requests, delivery schedules, and day-to-day communication with technical consultant
• Lead reviewer and proofreader for most documents
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Packet Pg. 144 Attachment: Scope of Work (3812 : AWS Data Center EIR Award of Contract)
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Exhibit B—Scope of Work
ROLE RESPONSIBILITIES
Associate / Assistant • Authorship of individual document sections • Research for document sections not covered by a technical report • Technical editing / formatting / production of all work products Coordinator / Graphics • Preparation of graphics and maps
WORK PLAN
TASK 1: KICKOFF AND MEETINGS
anticipates attendance at the following meetings:
•
• Twenty four (24) Bi-weekly Check In Meetings with City (Based on anticipated project schedule) •
TASK 2: SCOPING MEETING AND NOTICE OF PREPARATION
Circlepoint will prepare a Notice of Preparation (NOP) to inform the public and applicable stakeholders that environmental documentation is being prepared for the project. Consistent with Section 15082 of the CEQA Guidelines, the NOP materials shall include a description of the project, the location of the project, and probable impacts are anticipated, such as mineral and forestry resources. Following distribution of the NOP, Circlepoint will work closely with the City to facilitate a Public Scoping Meeting and provide recommendations in meeting response to the Public Scoping Meeting and the NOP and strategize with the City on incorporating these “known issues” into the EIR.
TASK 3: PROJECT DESCRIPTION
Circlepoint will prepare and submit a project description for City review and approval. Circlepoint will build upon the project description prepared by the Applicant and ensure it meets the requirements of CEQA Guidelines Section 15124. Circlepoint anticipates that the existing project description contains the majority of information needed for CEQA analysis. Circlepoint will revise the project description in response to one round of comments from the City. Circlepoint will utilize the following background materials (to be provided by the City/Applicant) to complete the project description:
• Preliminary geotechnical feasibility report
•
systems
• Commissioning test details (duration, number of generators) and maintenance testing plan •
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Packet Pg. 145 Attachment: Scope of Work (3812 : AWS Data Center EIR Award of Contract)
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Exhibit B—Scope of Work
• Utility “will-serve” letters for electrical and water utilities and/or supply assessments if required by the City or utility provider
• Total anticipated power consumption (average, daily or annual) • Total daily water demand ; can be prorated from annual demand • Sanitary sewer capacity study, if required by City
• Arborist report, if required by City
• Construction assumptions, including duration, phasing, construction start and end months, and review of construction equipment list
Key Deliverable: Project Description
TASK 4: PROJECT MANAGEMENT
Circlepoint will provide ongoing project management throughout the environmental review process including maintain a project schedule and provide regular updates to the City. Circlepoint will also prepare monthly progress reports to accompany monthly invoices containing the following information: the beginning and ending dates of the billing period; budget summary including budget spent to date and budget remaining; and a Task Summary for each work task, containing the name of the person doing the work, the hours spent by each person, and a brief description of the work.
TASK 5: TECHNICAL STUDIES
Based on the background materials provided with the City’s RFP, Circlepoint understands that the Applicant has provided several background documents for consideration including aesthetics, biological resources, cultural resources, geology and soils, land use, mineral resources, public services, recreation, hazardous materials, prepared by the Applicant and/or City:
• Air Quality Impact Assessment
• Natural Resources Memorandum
• Archaeological Literature Search
• Geotechnical Desktop Review
• Geotechnical Considerations Report
• Phase I Environmental Site Assessment
• Phase II Environmental Site Assessment
• Environmental Noise & Vibration Assessment
• Environmental Noise & Vibration Assessment Addendum
• Transportation Attachments, VMT Analysis, including Peer Review of VMT Assessment • California Energy Commission Tribal Outreach Letters
• City of Gilroy Assessment of Water Supply
• Arborist Report
7.1.c
Packet Pg. 146 Attachment: Scope of Work (3812 : AWS Data Center EIR Award of Contract)
circlepoint 16
Exhibit B—Scope of Work
Circlepoint will conduct a gap analysis to ensure each of these technical studies provides the information necessary to support and complete the EIR per CEQA guidelines. If additional technical analysis is required, Circlepoint will coordinate with the City to strategize on the best course of action. Additional studies would require an amendment to this scope and fee. We assume all reports listed above will be provided to Circlepoint in a format acceptable for use in supporting a CEQA document and can be publicly circulated.
TASK 6: DRAFT EIR
Circlepoint will prepare a Draft EIR consistent with CEQA Guidelines Article 9. The Draft EIR will meet all City standards for content and formatting.
Task 6.1: Administrative Draft EIR
The background materials provided with the City’s RFP Letter included CEQA-related documents which assess and analyze project impacts for a number of resources. Circlepoint will rely upon the analysis already prepared to the prepare the setting, impacts, and mitigation discussions for each environmental topic area set forth in Appendix G of the CEQA Guidelines. Circlepoint will prepare a summary of existing conditions, pertinent regulations, and a description of the regional setting, placing special emphasis on any rare or unique environmental resources in the project area. Circlepoint will review and reference relevant policies and regulations from the City’s General Plan and Zoning Code, and other documents required for the analysis as applicable. The EIR will also include an analysis of alternatives to the project, an assessment of cumulative impacts associated with the project, and a description of comments received during the scoping period. Circlepoint assumes that up to three alternatives will be evaluated in the EIR, including (for example) a reduced development alternative, a reduced backup electric generation alternative, and/or a backup electric generation technology alternative. For the cumulative impacts analysis, Circlepoint will use the City’s General Plan as a guide for reasonably foreseeable projects in the surrounding area.
Circlepoint will prepare a draft mitigation monitoring and reporting program (MMRP) to be submitted with the Administrative Draft EIR for City review. The draft MMRP will develop and present feasible mitigation for monitoring each mitigation measure, and identify monitoring triggers and reporting frequency for each measure.
The Administrative Draft and MMRP will be provided in electronic formats to the City.
Key Deliverables: Administrative Draft EIR, draft MMRP
Task 6.2: Screencheck Draft EIR
Circlepoint will then provide clean, compiled PDF and MS Word versions of the screencheck draft EIR to verify that Key Deliverables: Second Administrative Draft EIR, Screencheck Draft EIR.
Task 6.3: Public Draft EIR
comments and submit web-ready versions of the EIR and all associated appendices. Hardcopies of the EIR can be provided on a time and materials basis, if requested by the City. Circlepoint will also prepare the combined Notice of Availability/Release and a Notice of Completion in accordance with Section 15087 of the CEQA Guidelines, and provide advice as needed to the City regarding distribution of the Draft EIR pursuant to CEQA and City review procedures. Consistent with Section 15087, notice availability of the Draft EIR will be published
7.1.c
Packet Pg. 147 Attachment: Scope of Work (3812 : AWS Data Center EIR Award of Contract)
circlepoint 17
Exhibit B—Scope of Work
project is to be located, and mailed to the owners and occupants of property contiguous to the parcel or parcels on which the project is located.
The Draft EIR will be circulated for a minimum of 45 days. While public hearings are not required as an element of the CEQA process, they are encouraged to facilitate the public commenting process and address known issues of the project. Circlepoint recommends that the City hold a public hearing during the circulation period given the anticipated public controversy surrounding the project. This scope includes a public hearing as an optional task.
OPTIONAL TASK: Public Hearing
Key Deliverables: Draft EIR, NOA, NOC
TASK 7: FINAL EIR
Task 7.1: Response to Public Comments
Circlepoint will prepare written responses to comments on the Draft EIR following the public review period.
Circlepoint assumes the City will provide copies of all written comments. Should the City decide to advance with the public hearing, which is included in this scope as an optional task, Circlepoint will assist the City in recording written and verbal comments at the hearing. Circlepoint will compile all comments with alpha-numeric codings close of the comment period to discuss the best approach, which may include the use of master responses to facilitate the response to similar or repeated comments. Comment responses will be incorporated to the Final EIR for the City’s review.
Circlepoint hours listed in the proposed budget for responses to comments are an allowance. If an unusually large volume of comments are received (over 15 distinct comment letters), Circlepoint will confer with the City to determine an appropriate path forward. The scope and budget also assumes responses do not require substantial additional research, analysis, or meetings with commenters.
Task 7.2: Final EIR
Circlepoint will prepare a Final EIR which includes responses to all public comments received during the circulation period. Consistent with Section 15132 of the CEQA Guidelines, the Final EIR will comprise the following elements:
• Project Description
• A Summary of the Environmental Process
•
• Responses to Comments, including a list of persons, organizations, and public agencies commenting on the draft EIR; the comments received, and the City’s responses to each comment • An Erratum to address any necessary changes to the Draft EIR that may result from public comments • Appendices (as needed)
Based on up to two (2) sets of consolidated comments from the City, Circlepoint will revise the responses to Key Deliverables: Response to Public Comments, Final EIR.
7.1.c
Packet Pg. 148 Attachment: Scope of Work (3812 : AWS Data Center EIR Award of Contract)
circlepoint 18
Exhibit B—Scope of Work
ASSUMPTIONS
The following assumptions apply to this project:
Circlepoint anticipates responding to three (3) rounds of revisions from the City on the EIR including two (2) administrative drafts and one (1) screencheck draft prior to publication.
Comments on draft documents will be provided to Circlepoint electronically using Microsoft Word’s Track All submittals will be conducted electronically (PDF and Microsoft Word versions). Electronic versions will be provided in both word and pdf format. Additional hard copies and electronic versions can be provided upon request by the City.
Circlepoint assumes that all edits and revisions between the Draft and Final EIR would be minor in nature, the Draft EIR may need to be recirculated pursuant to CEQA Guidelines Section 15088.5.
distribution for the Public Scoping Meeting. Should the City request additional support in this task, this can be addressed in coordination with the City and the preparation of a scope addendum.
7.1.c
Packet Pg. 149 Attachment: Scope of Work (3812 : AWS Data Center EIR Award of Contract)
circlepoint 19
Exhibit C—Milestone Schedule
EXHIBIT C—MILESTONE SCHEDULE
The Circlepoint team will initiate work on this project upon contract execution. Background research, site visits, and reporting will commence immediately. The completion of the EIR process typically takes 10 to 12 months, depending on the City’s review time.
MILESTONE ESTIMATED COMPLETION DATE
Mid-to-Late June, 2022
Receipt of Requested Data Early July, 2022
Submittal of Draft Project Description Late July, 2022
City Comments on Draft Project Description Mid-to-Late August, 2022 Finalization of Project Description August/September, 2022 Technical Reports Gap Analysis September, 2022
NOP Preparation September/October, 2022
City Reviews NOP materials Early-To-Mid October, 2022
Scoping Meeting Early November, 2022
Compilation of NOP Comments to be included in EIR Late November, 2022 Submittal of Administrative Draft EIR December, 2022
City Provides Comments on Administrative Draft EIR January 2023 Submittal of Second Administrative Draft EIR January/February, 2023 City Provides Comments on Second Administrative Draft EIR (3 week review)
February, 2023
Submittal of Screencheck Draft EIR March, 2023
Public Circulation of Draft EIR March, 2023
Public Meetings (Optional) April, 2023
Meeting with City to discuss Public Comments received May, 2023 Submittal of First Draft of Final EIR May, 2023
City Review Provides Comments on First Draft of Final EIR (3 week review)
June, 2023
Submittal of Final EIR June/July, 2023
7.1.d
Packet Pg. 150 Attachment: Milestone Schedule (3812 : AWS Data Center EIR Award of Contract)
circlepoint 20
Exhibit D—Payment Schedule
EXHIBIT D—PAYMENT SCHEDULE
Circlepoint would complete the tasks described above for a not-to-exceed fee of $158,988.
M5528 Gilroy AWS Data Center
Tasks Principal
Comms
Sr. PM PM Sr. Assoc Associate
Assistant /
Coordinator
Sr. Web/
Graphics
Rates 252$ 197$ 173$ 138$ 118$ 103$ 144$ Task 1 Kickoff, Project Description, and other Meetings
1.1 Kick Off Meeting 1 - 4 3 - - 8 1,244.00$
1.2 Bi-Weekly Check In Meetings - - 24 24 - - - 48 7,464.00$
1.3 Planning Comissions/City Council Meetings 4 - 27 6 - - 37 6,570.00$ Subtotal Task 1 Kickoff, Project Description, a 5 - 55 33 - - - 93 15,278.00$ Task 2 Public Scoping and NOP
2.1 Public Scoping Meeting 1 4 2 2 8 2 19 2,608.00$
2.2 NOP materials 1 6 7 8 - 20 2,912.00$ Subtotal Task 2 Public Scoping and NOP 1 - 6 7 8 - - 39 5,520.00$ Task 3 Project Description
3.1 Project Description 2 - 10 8 8 6 - 34 4,878.00$ Subtotal Task 3 Project Description 2 - 10 8 8 6 - 34 4,878.00$ Task 4 Project Management
4.1 Project Management and Coordination 8 18 72 18 - - - 116 20,540.00$ Subtotal Task 4 Project Management 8 18 72 18 - - - 116 20,540.00$ Task 5 Technical Studies
5.1 Gap Analysis 4 - 20 18 15 - 57 8,580.00$ Subtotal Task 5 Technical Studies 4 - 20 18 15 - - 57 8,580.00$ Task 6 Admin Draft EIR
6.1 Admin Draft EIR 10 - 40 85 92 100 - 327 42,270.00$
6.2 Screencheck Draft EIR 4 - 20 30 40 50 - 144 18,500.00$
6.3 Public Draft EIR 4 - 20 28 38 38 - 126 16,440.00$ Subtotal Task 6 Admin Draft EIR 18 - 80 142 170 188 - 597 77,210.00$ Task 7 Final EIR
7.1 Response to Public Comments and Final EIR 2 - 20 20 22 22 - 85 11,386.00$
7.2 Final EIR 4 10 12 12 14 52 7,126.00$ Subtotal Task 7 Final EIR 2 - 20 20 22 22 - 137 18,512.00$ Labor Subtotal 37 18 257 240 215 216 - 1,072 150,518.00$ Labor Contingency -$
Total Labor 150,518.00$
ODCs
Travel 500.00$
Scoping Meeting (Printing, Materials, Misc)1,000.00$
Notification Mailer (NOA)5,000.00$
Display Ad Placement 1,200.00$
-$
-$
-$
-$
Subtotal ODCs 7,700.00$
10.0% Mark-Up on ODCs 770.00$
Total ODCs 8,470.00$
TOTAL 158,988.00$
Assumptions
Rates are effective through December 31, 2022 and are subject to annual escalation Please see scope of work for detailed assumptions
Total
Hours
Total
Dollars
Circlepoint Budget
7.1.e
Packet Pg. 151 Attachment: Budget (3812 : AWS Data Center EIR Award of Contract)
Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
▶Go to www.irs.gov/FormW9 for instructions and the latest information.
Give Form to the
requester. Do not
send to the IRS.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
Circlepoint, Inc
2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Exempt payee code (if any)
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶ Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see instructions) ▶
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions. 200 Webster Street, Suite 200
6 City, state, and ZIP code
Oakland, CA 94607
7 List account number(s) here (optional)
Requester’s name and address (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.
Social security number
– –
or
Part II Certification
Under penalties of perjury, I certify that:
1.The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2.I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3.I am a U.S. citizen or other U.S. person (defined below); and
4.The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9 .
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. •Form 1099-INT (interest earned or paid)
•Form 1099-DIV (dividends, including those from stocks or mutual funds)
•Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
•Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
•Form 1099-S (proceeds from real estate transactions)
•Form 1099-K (merchant card and third party network transactions) •Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
•Form 1099-C (canceled debt)
•Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.
Cat. No. 10231X Form W-9 (Rev. 10-2018)
Sign
Here Signature of
U.S. person ▶Date ▶Print or type. See Specific Instructions on page 3. Employer identification number 9 4 – 3 1 7 1 8 0 9
2/4/2022
X
7.1.f
Packet Pg. 152 Attachment: Circlepoint W-9 2022 (3812 : AWS Data Center EIR Award of Contract)