City of Gilroy
STAFF REPORT
Agenda Item Title: Tentative Map Time Extension Request No. 2, Without Any Changes to Project Approval, to Subdivide 8.36
Acres, Creating 14 Single-Family Residential Lots,
Two Common Parcels, and One Public Park Parcel,
Located at the Northerly End of Greenfield Drive, APN
808-20-008 (TM 16-02)
Meeting Date: February 5, 2024
From: Jimmy Forbis, City Administrator
Department: Community Development
Submitted By: Sharon Goei, Community Development Director Prepared By: Cindy McCormick, Customer Service Manager
STRATEGIC PLAN GOALS Promote Safe Affordable Housing for All
RECOMMENDATION
Adopt a resolution approving a 12-month time extension of Tentative Map TM 16-02, without any changes to project approval, to subdivide 8.36 acres, creating 14 singlefamily residential lots, two common parcels, and one public park parcel located at the northerly end of Greenfield Drive, APN 808-20-008 (TM 16-02).
EXECUTIVE SUMMARY
On November 5, 2018, the City Council approved the Greenfield 14-lot subdivision for an initial period of two years through November 5, 2020. Legislative actions taken by the State and City further extended project approval through November 30, 2022. On February 27, 2023, the City Council approved a request for a 12-month time extension of the approval through November 30, 2023.
The applicant has filed a second extension request in compliance with the State Subdivision Map Act. Pursuant to the provisions of State law, a project qualifies for an extension of time under the same conditions and circumstances under which it was originally approved. No changes to conditions can be required except if necessary to Agenda Item No. 7.3 Agenda Packet Page No. 274 of 447
Tentative Map Extension Request for Subdivision - Greenfield Drive (TM 16-02) City of Gilroy City Council Page 2 of 4 February 5, 2024 1 4 comply with a provision of state or federal law. Approval of this request would extend the permit expiration date for TM 16-02 through to November 30, 2024.
BACKGROUND
The City Council approved TM 16-02 on November 5, 2018, for 14 single-family residential lots on 8.36 acres, via Resolution 2018-44. The approval included the dedication of 3.7 acres as public park space, resulting in a net density of 3 units per acre, in compliance with the site’s low-density residential land use designation. A mitigated negative declaration was also prepared and adopted for the project, with the mitigations incorporated into the project conditions of approval.
The approval was granted for an initial period of two (2) years, through November 5, 2020. On June 1, 2020, the City Council extended the expiration periods for all active entitlements through May 31, 2021. This was in response to County and State Orders requiring business closures during the COVID-19 pandemic. Subsequent to this action, on September 30, 2020, the state legislature enacted AB 1561 which granted an additional extension of 18 months to housing entitlements that were issued before March 4, 2020, and that would expire before December 31, 2021. This effectively extended the project approval through November 30, 2022.
On November 30, 2022, the applicant filed a request for a 12-month extension of the tentative map and associated improvement plans. On February 27, 2023, the City Council approved the 12-month time extension through November 30. 2023.
On November 30, 2023, the applicant filed a request for another 12-month extension of the tentative map and associated improvement plans. No changes to the approval were requested with their application.
However, on January 16, 2024, the applicant sent an e-mail requesting Public Works staff support for his request to modify his plans and delete portions of several conditions of approval. On January 18, 2024, staff from the Public Works and Community Development Department met with the applicant to discuss his request to modify his plans and conditions of approval. Given the proposed changes, Planning staff indicated that the requested map extension scheduled for the February 5th Council meeting would need to be postponed to analyze his request. The applicant then stated that he would like to request the map extension now, as previously approved without changes, and apply for the modifications after the extension has been granted.
ANALYSIS
Staff has determined that approval of the extension is warranted based on the following:
Municipal Code and Subdivision Map Act: The Subdivision Map Act, Government Code §66452.6(a), mandates an initial two-year life for a tentative map, which may be extended by local ordinance for an additional 12 months. Gilroy City Code Section
21.41(i) provides that the City Council, at its discretion, may extend approval of a Agenda Item No. 7.3 Agenda Packet Page No. 275 of 447
Tentative Map Extension Request for Subdivision - Greenfield Drive (TM 16-02) City of Gilroy City Council Page 3 of 4 February 5, 2024 1 4 tentative map for an additional 12 months. Moreover, Government Code §66452.6(e) provides that a local agency may extend a Tentative Map for an additional period or periods not to exceed six years. This provision preempts City regulations that limit the number of extensions to three years. Although granting an extension of the tentative map is discretionary, under Government Code §66452.6(e), the courts have held that the local agency’s discretion is limited to the length of the extension and that the local agency cannot add new conditions to the tentative map. Under Government Code §66498.1, a local agency may condition or deny a permit, approval, extension, or entitlement only if it determines any of the following:
(1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.
(2) The condition or denial is required in order to comply with state or federal law.
Furthermore, the Housing Accountability Act limits the ability of local government to deny a housing development. Government Code Section 65589.5(j) states that a “proposed housing development project cannot be denied if it complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the housing development project’s application is determined to be complete.”
As discussed in the background section, the applicant is currently requesting an extension of the tentative map as previously approved without changes; however, the applicant may ask for changes to the plans and conditions of approval at a future date that would require additional analysis. There are no known specific health or safety concerns at this time or identified with the original approval.
The request would extend approval through November 30, 2024. During this time, the applicant would need to pursue the process for the recordation of a final map. The applicant may also request an additional 12-month extension prior to the new expiration date.
ALTERNATIVES
The City Council may deny the time extension. In this case, the City Council would need to make the necessary findings to deny a tentative map. Staff does not recommend this option.
FISCAL IMPACT/FUNDING SOURCE
No fiscal impacts are associated with this request for a tentative map approval extension. The collection of fees (as established by the City Council) is intended to cover the staff resources necessary to review the final map and improvement plans.
Agenda Item No. 7.3 Agenda Packet Page No. 276 of 447
Tentative Map Extension Request for Subdivision - Greenfield Drive (TM 16-02) City of Gilroy City Council Page 4 of 4 February 5, 2024 1 4 PUBLIC OUTREACH
Extensions are legislative actions that do not require notice and hearing.
NEXT STEPS
Upon grant of the extension request, the applicant may proceed with initiating the final map process.
Attachments:
1. Vicinity Map
2. Time Extension Request
3. City Council Resolution of Approval No. 2018-44 (TM16-02)
4. Approved Tentative Parcel Map Plans (TM 16-02)
5. Draft Resolution to Extend TM 16-02
Agenda Item No. 7.3 Agenda Packet Page No. 277 of 447
AERIAL PHOTOGRAPH AND SURROUNDING LAND USES FIGURE 3 Alta Oak Way
Village Place
Brook Way
Blackberry Court
Berrybush Court
Snowberry Ct
West Luchessa Avenue
Greenfield Drive
Cimino Street
Alta Oak Way
Village Place
Brook Way
Blackberry Court
Berrybush Court
Snowberry Ct
West Luchessa Avenue
Greenfield Drive
Cimino Street
Thomas Road
Residential
Gilroy High School
Residential
Residential
Uvas Creek
Uvas Creek
Project Boundary
Aerial Source: Google Earth Pro, May 2, 2017. Photo Date: Apr. 2016 0 50 200 400 600 Feet
Agenda Item No. 7.3 Agenda Packet Page No. 278 of 447
City of Gilroy Planning Department November 30th, 2023
7351 Hanna Street
Gilroy CA, 95020
RE: Request for second extension of Tentative Map # 16-02 To whom it may concern:
We are formally requesting an extension of TM #16-02 for 12 months to allow processing of the final map and improvement plans.
Please contact me directly if you need additional information and notify me when it is agendized for the City Council.
Thank you,
James Suner
Owner/Developer
[email protected]
408-607-0777
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RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A SECOND TIME EXTENSION FOR
TENTATIVE MAP (TM 16-02) CREATING 14 SINGLEFAMILY RESIDENTIAL LOTS, TWO COMMON PARCELS,
AND ONE PUBLIC PARK PARCEL, LOCATED AT THE
NORTHERLY TERMINUS OF GREENFIELD DRIVE AND
SOUTH OF UVAS CREEK, APN 808-20-008
WHEREAS, in 2016, James Suner submitted an application requesting tentative map approval to subdivide an 8.36-acre site into 14 single-family lots, two common lots containing private roadways and stormwater detention, a 3.7-acre public park parcel to be dedicated as an extension of Uvas Creek Park Preserve open space, and associated public and private improvements within the R1 single-family zone district; and WHEREAS, the subject property (Assessor’s Parcel Number 808-20-008) is located at the northern end of Greenfield Drive, south of Uvas Creek and adjacent to the Glen Loma Ranch Specific Plan Area development; and
WHEREAS, on November 5, 2018, the City Council of the City of Gilroy, by Resolution No 2018-44, adopted a mitigated negative declaration and approved Tentative Map Application TM 16-02 for an initial period of two years, subject to 131 conditions (inclusive of CEQA mitigation measures); and
WHEREAS, on June 1, 2020, the City Council adopted Resolution No. 2020-33, extending the expiration date through May 31, 2021, of all tentative maps, architectural and site permits, and planned unit development approvals that were active during the COVID-19 shelter in place order; and
WHEREAS, on September 29, 2020, Assembly Bill No. 1561 Chapter 195 was enacted to amend Section 65583 and to add Section 65914.5 to the Government Code relating to land use, to extend by 18 months the period for the expiration of a housing entitlement that was issued before, and was in effect on, March 4, 2020, and that will expire before December 31, 2021; and
WHEREAS, legislative extensions granted by the State and City Council extended approval of TM 16-02 through November 30, 2022; and
WHEREAS, On November 30, 2022, James Suner submitted a request to further extend the expiration date of Tentative Map TM 16-02; and WHEREAS, On February 27, 2023, the City Council extended the approval of TM 16-02 for another 12-months, through November 30, 2023, subject to the approved plans and all conditions of approval and mitigation measures in City Council Resolution 2018- 44; and
WHEREAS, On November 30, 2023, James Suner submitted a second request to extend the expiration date of Tentative Map TM 16-02; and Agenda Item No. 7.3 Agenda Packet Page No. 321 of 447
Resolution No. 2024-XX
Tentative Map Extension Request for Subdivision - Greenfield Drive (TM 16-02) City Council Regular Meeting | January 9, 2023
WHEREAS, On February 5, 2024, the City Council considered the second request to extend the expiration date of Tentative Map TM 16-02; and WHEREAS the location and custodian of the documents or other materials that constitute the record of proceedings of TM 16-02 and all associated plans, CEQA documents, approved entitlements, and time extension requests is the office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF GILROY hereby approves a 12-month time extension of time for TM 16-02 through November 30, 2024. Approval of the TM 16-02 time extension shall be subject to the approved plans and all conditions of approval and mitigation measures applied to the project by City Council Resolution No. 2018-44, which are incorporated by reference herein.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 5th day of February 2024 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
Agenda Item No. 7.3 Agenda Packet Page No. 322 of 447
7.4. Extension and Maintenance of Existing Parklet Permits Until Adoption and Implementation of a Formal Downtown Parklet Program Agenda Item No. 7.4 Agenda Packet Page No. 323 of 447
City of Gilroy
STAFF REPORT
Agenda Item Title: Extension and Maintenance of Existing Parklet Permits Until Adoption and Implementation of a
Formal Downtown Parklet Program
Meeting Date: February 5, 2024
From: Jimmy Forbis, City Administrator
Department: Community Development
Submitted By: Sharon Goei, Community Development Director Prepared By: Sharon Goei, Community Development Director STRATEGIC PLAN GOALS Promote Economic Development Activities
RECOMMENDATION
1. Direct staff to extend the Revocable Encroachment Permit for Occupying Parking Stalls, Permit No. 20100081, for the parklet in front of Station 55 Seafood and Mexican Cocina at 55 Fifth Street until the City has adopted and implemented a formal downtown parklet program; and
2. Direct staff to maintain the Revocable Encroachment Permit for Occupying an Existing Parklet, Permit No. 21040011, for the parklet in front of Tempo Kitchen and Bar at 7560 Monterey Street, until the City has adopted and implemented a formal downtown parklet program.
ANALYSIS
At the January 22, 2024 City Council Regular Meeting, the Council decided to pursue a downtown parklet program and provided direction for the two existing parklets to remain in place until the City has a formal parklet program. Staff is seeking Council action on each parklet permit to carry out the Council’s direction.
For the parklet in front of Station 55 Seafood and Mexican Cocina at 55 Fifth Street, staff recommends that the Council direct staff to extend the Revocable Encroachment Agenda Item No. 7.4 Agenda Packet Page No. 324 of 447
Extension and Maintenance of Existing Parklet Permits Until Adoption and Implementation of a Formal Downtown Parklet Program
City of Gilroy City Council Page 2 of 2 February 5, 2024 Permit for Occupying Parking Stalls, Permit No. 20100081, for the Station 55 parklet until the City has adopted and implemented a formal downtown parklet program.
For the parklet in front of Tempo Kitchen and Bar at 7560 Monterey Street, staff recommends that the Council direct staff to maintain the Revocable Encroachment Permit for Occupying an Existing Parklet, Permit No. 21040011 for the Tempo parklet until the City has adopted and implemented a formal downtown parklet program.
FISCAL IMPACT/FUNDING SOURCE
There are no fees or costs associated with this item other than minimal staff time managing permit documentation.
Agenda Item No. 7.4 Agenda Packet Page No. 325 of 447
7.5. Adopt a Resolution of the City Council of the City of Gilroy Authorizing Execution of Administering Agency-State Master Agreements for State and Federal-Aid Funded Projects
Agenda Item No. 7.5 Agenda Packet Page No. 326 of 447
City of Gilroy
STAFF REPORT
Agenda Item Title: Adopt a Resolution of the City Council of the City of Gilroy Authorizing Execution of Administering
Agency-State Master Agreements for State and
Federal-Aid Funded Projects
Meeting Date: February 5, 2024
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted and Prepared
By: Bryce Atkins, Assistant to the City Administrator
STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure
RECOMMENDATION
Council adopt the resolution.
BACKGROUND
Pursuant to requirements from the State of California for the legislative funding the City has received for the Monterey Road HAWK Crosswalk Project near the Gateway Senior Apartments, the City must adopt the attached resolution and provide it as part of its submittal package to attain access to the funding. The resolution is formatted based on the template provided by Caltrans, the department of the State that is administering these funds. The resolution authorizes the City Administrator to execute the various forms of agreements for fund transfers. The Fund Transfer Agreement (FTA) that the City must complete is to be finalized by the City and submitted in a form acceptable to the State based on their template, which may require edits and revisions before execution. The resolution is a requirement of the grant funds and allows the FTA to be edited and completed in a timely manner following edits from the State.
Agenda Item No. 7.5 Agenda Packet Page No. 327 of 447
Adopt a Resolution of the City Council of the City of Gilroy Authorizing Execution of Administering Agency-State Master Agreements for State and Federal-Aid Funded Projects City of Gilroy City Council Page 2 of 2 February 5, 2024
ALTERNATIVES
Council may reject the resolution. Staff does not recommend rejection, as that would potentially jeopardize the grant funding. The resolution is based on the State’s template, and the terms of the FTA are governed by the State.
FISCAL IMPACT/FUNDING SOURCE
None. This is a procedural step to receive the grant funds already awarded; this action alone does not generate fiscal impacts on the City. The awarded grant funds from the State under this FTA totals $350,000.
PUBLIC OUTREACH
This item was included on the publicly posted agenda for this meeting.
NEXT STEPS
If adopted, staff will submit the signed resolution along with the FTA to Caltrans for accessing the grant funding.
Attachments:
1. Resolution Authorizing Execution of Administering Agency-State Master Agreements for State and Federal-Aid Funded Projects
Agenda Item No. 7.5 Agenda Packet Page No. 328 of 447
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
AUTHORIZING EXECUTION OF ADMINISTERING AGENCY-STATE
MASTER AGREEMENTS FOR STATE AND FEDERAL-AID-FUNDED
PROJECTS
WHEREAS, the City of Gilroy is eligible to receive Federal and/or State Funding for certain Transportation Projects through the California Department of Transportation; and
WHEREAS, Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements must be executed with the California Department of Transportation before such funds can be claimed; and WHEREAS, the City of Gilroy wishes to delegate the authority to execute these agreements and any amendments thereto to the City Administrator.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Gilroy does hereby designate the City Administrator as the person authorized to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements, and any amendments thereto with the California Department of Transportation.
PASSED AND ADOPTED this 5th day of February 2024 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Agenda Item No. 7.5 Agenda Packet Page No. 329 of 447
7.6. Resolution of the City Council of the City of Gilroy Declaring Weeds a Nuisance
Agenda Item No. 7.6 Agenda Packet Page No. 330 of 447
City of Gilroy
STAFF REPORT
Agenda Item Title: Resolution of the City Council of the City of Gilroy Declaring Weeds a Nuisance
Meeting Date: February 5, 2024
From: Jimmy Forbis, City Administrator
Department: Fire Department
Submitted By: Jim Wyatt, Fire Chief
Prepared By: Jonathan Crick, Deputy Fire Marshal
STRATEGIC PLAN GOALS N/A
RECOMMENDATION
Council adopts a resolution declaring weeds and accumulated refuse a nuisance in order to commence the 2024 weed abatement process for the City of Gilroy.
EXECUTIVE SUMMARY
Gilroy City Code, Chapter 12, Article III, establishes a procedure for the abatement of weeds and refuse. The annual weed and refuse abatement program include an initial resolution declaring weeds and refuse a public nuisance. The resolution sets April 15, 2024, for a public hearing of the list of properties subject to abatement. The list created for the public hearing includes sites identified as having a weed or refuse problem in the current year as well as during any one of the prior three years. Adoption of the list at the public hearing provides authority for the City (or its contractor) to perform the abatement of weeds and/or refuse for the listed sites and provides for cost recovery by adding it to the property owner’s property tax bill as an assessment.
BACKGROUND
The Santa Clara County Weed Abatement Program began in the mid-1970s to reduce the spread of wildfire. The Santa Clara County Weed Abatement Program provides weed abatement services for ten cities in Santa Clara County and the unincorporated areas of Santa Clara County. Pursuant to an updated agreement signed Agenda Item No. 7.6 Agenda Packet Page No. 331 of 447
Resolution of the City Council of the City of Gilroy Declaring Weeds a Nuisance City of Gilroy City Council Page 2 of 4 February 5, 2024 in 2021 between the City of Gilroy and the Santa Clara County Agriculture Commissioner’s Office, the County Vegetation Management Program has been implementing the weed abatement program as a contractor to the City. Under the agreement, all abatement activities are conducted by the County including the noticing of property owners, property inspections, and the collection of abatement fees and inspection costs. The City is responsible for adopting necessary resolutions and conducting public hearings on the matter.
ANALYSIS
Program Details
The list created for the public hearings includes sites identified as having a weed or refuse problem in the current year as well as during any one of the prior three years.
County staff will mail the initial abatement notice to identified property owners within approximately two weeks of the resolution being adopted. Required information in the weed abatement notice includes the public hearing date, instructions on the proper abatement of the sites, and the May 15, 2024 deadline for abatement activities. In addition, the notice also identifies the consequences of not meeting the deadline.
All identified sites will be required to pay the initial inspection fee, currently set at $96. If a site is abated by the May 15, 2024 abatement deadline then additional fees, such as re-inspection fees and/or abatement oversight fees, will not be assessed. The property owner is required to maintain the abated site; failure to do so will result in the assessment of additional fees. All properties must be free of fire hazards throughout the year to meet minimum safety standards.
Sites that are identified to have weed and/or refuse problems will remain on the list for at least three years. However, property owners can have their property removed from the list. For instance, a site that has achieved three “compliant” years in a row or a vacant site that has since been developed and is fully landscaped may be removed from the list.
After the initial outreach, the County will also send all property owners a reminder letter 30 days prior to the May 15, 2024 abatement deadline.
After May 15, 2024, the County will conduct inspections and notify those property owners who have not abated their properties. For sites not in the Wildland Urban Interface (WUI) Hazardous Fire Area, the property owner has two weeks to complete the work. If abatement is completed prior to the next inspection, these properties will not be subject to additional fees.
The two-week extension is not provided to properties in the WUI Hazardous Fire Area because these areas are considered to have high fire hazards. In addition, the Public Resources Code requires weed abatement in these areas without any extensions.
For sites in the WUI Hazardous Fire Area, the County will immediately assign the site for abatement by a private contractor. Any site that is abated by the County will be Agenda Item No. 7.6 Agenda Packet Page No. 332 of 447
Resolution of the City Council of the City of Gilroy Declaring Weeds a Nuisance City of Gilroy City Council Page 3 of 4 February 5, 2024 assessed the inspection fee ($96), the failed inspection fee ($546), and the cost incurred by the abatement contractor, which is based primarily on the square footage of the site, as well as the abatement oversight cost ($884).
Since the implementation of this program in 2010, the number of sites on the County’s list has fluctuated from year to year, but the numbers for Gilroy have decreased since 2017. In Gilroy, there were: 282 sites identified in 2017, 166 sites in 2018, 174 sites in 2019, 146 sites in 2020, 150 in 2021, 147 for 2022,166 for 2023, and 154 for 2024.
Key dates associated with this year’s program are as follows:
February 5, 2024 City Council Resolution of Public Nuisance March 13, 2024* County Notification to Listed Property Owners April 15, 2024 Public hearing to consider List of Properties requiring abatement May 1, 2024* County Notification of Abatement Deadline
May 15, 2024 Abatement Deadline
May 30, 2024* County conducts initial inspections
June 13, 2024* Extended Deadline for non-WUI properties only August 5, 2024* Public hearing for City Council to Authorize Assessments *Dates are approximate at this time and provide an estimate as determined by the responsible Agency.
ALTERNATIVES
There are no alternatives. Section 12.48 of Chapter 12 of the Gilroy Municipal Code requires that the City Council pass a resolution declaring weeds and accumulated refuse to be a public nuisance. Chapter 12 further requires that the City Council order the Fire Chief to implement the weed abatement process.
FISCAL IMPACT/FUNDING SOURCE
The use of the County as a contract agency to carry out their portions of the program has been self-funded through cost recovery from property owners that have failed to abate their sites. The Fire Marshal’s office absorbs the staffing cost for coordination and communication with the County, the pre-hearing meeting when a property owner appeals the fees and processing of the Council Resolutions and Public Hearings. If the County does not collect adequate funds to meet the program budget, they will prorate the shortfall to the cities based on the percentage of the properties from each City in the program. We will not know until later in the year if there is a budget shortfall because abatement activities will continue through October. Historically, the County has not had a budget shortfall because they have collected adequate fees directly from the property owners to cover the cost of the program.
Agenda Item No. 7.6 Agenda Packet Page No. 333 of 447
Resolution of the City Council of the City of Gilroy Declaring Weeds a Nuisance City of Gilroy City Council Page 4 of 4 February 5, 2024
PUBLIC OUTREACH
As part of the annual program, property owners receive two Weed and Refuse Abatement notices from the Santa Clara County Weed Abatement Program that clearly identify the requirements of the program. Pursuant to the program requirements, the County also notifies property owners when their properties fail inspections. The City of Gilroy performs a variety of fire prevention public outreach, including weed abatement, in coordination with the Communication and Engagement Office. Such outreach includes a combination of social media, Gilroy Email Express, and utility bill insert mailings.
NEXT STEPS
Once Council adopts the resolution, the public hearing of sites needing abatement will be set for April 15, 2024. In addition, a report of the property assessments will be presented to the City Council at a public hearing on August 5, 2024. Prior to the hearing, property owners are invited to contact the Fire Marshal to review any assessments they believe are in error. A final list will be presented to the City Council for approval of the assessment. The County Property Tax Assessor will then place the fees on the next property tax bill as an assessment.
Attachments:
1. Draft Resolution
2. 2024 Gilroy Commencement Report (Property List)
Agenda Item No. 7.6 Agenda Packet Page No. 334 of 447
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY DECLARING CERTAIN WEEDS GROWING IN
THE CITY OF GILROY AND ACCUMULATIONS OF
REFUSE IN THE CITY OF GILROY TO BE A PUBLIC
NUISANCE, DESCRIBING WEEDS AND REFUSE WHICH
CONSTITUTE SUCH NUISANCE, AND PROVIDING
NOTICE OF THE ADOPTION OF THE RESOLUTION BY
PUBLICATION THEREOF
WHEREAS, certain weeds are growing in the City of Gilroy (“City”) upon the various streets, alleys, sidewalks, and upon private property, which weeds bear seeds of a wingy or downy nature, or which may attain such growth as to become, when dry, a fire menace, or which are otherwise noxious and dangerous; and WHEREAS, certain refuse is accumulating in the City upon public and private property; and
WHEREAS, said weeds and refuse constitute a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy as follows:
1. That such weeds and refuse do now constitute and will continue to constitute a public nuisance, and it is ordered that said public nuisance be abated in the manner provided by Article III of Chapter 12 of the Gilroy City Code.
2. That said nuisance exists upon all of the streets, alleys, sidewalks, and private property within said City as shown, described, and delineated on the several maps of the property in the City, which are recorded in the Office of the County Assessor of the County of Santa Clara, reference in each instance for the description of any particular street, alley or private property being hereby made to the several maps
aforesaid, and in the event of there being several subdivision maps on which said lots are shown, reference is hereby made to the latest subdivision map.
3. That it is ordered that Monday, the 15th of April 2024, at the hour of 6:00 o'clock p.m. in the Council Chambers of the City Council of the City, 7351 Rosanna Street, Gilroy, California, is hereby fixed as the time and place when objections to the proposed destruction or removal of said weeds and refuse shall be heard and given due consideration.
4. That the Chief of the Fire Department of the City is hereby ordered and directed to cause notice of the adoption of this resolution and notice of said hearing to be given to all of the affected property owners at their stated mailing address on the latest tax assessor’s role, and also to be given in the manner Agenda Item No. 7.6 Agenda Packet Page No. 335 of 447
Resolution No. 2024-XX
Weed and Refuse Nuisance Declaration
City Council Regular Meeting | February 5, 2024
and form provided in Sections 14.29 and 12.53 of the Gilroy City Code, and to cause said notice to be published in the City, at least ten (10) days prior to said hearing; and
5. That nothing in this Resolution prohibits the issuance of citations for violations of City Code Section 12.46 or City Fire Code with regards to Section 304.1.2.
PASSED AND ADOPTED this 5th day of February 2024 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
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Exhibit A
1 HECKER PASS 783-03-070 SUNSET HILLS DEVELOPMENT LLC 575 SOUTHSIDE DR STE C GILROY CA 95020 200 2 8351 1 WINTER CT 783-03-077 SUNSET HILLS DEVELOPMENT LLC 575 SOUTHSIDE DR STE C GILROY CA 95020 200 3 HECKER PASS 783-04-032 HOEY RANCH COMPANY 2485 HECKER PASS HWY GILROY CA 95020-8802 200 4 820 1 SUNRISE DR 783-20-049 YANG, DI P 2478 N STEVENS AVE ROSEMEAD CA 91770-2947 200 5 1885 1 HOLLYHOCK LN 783-45-014 ROSS, RICHARD JOHN III 1885 HOLLYHOCK LN GILROY CA 95020-0000 200 6 1920 1 MANTELLI DR 783-45-016 SEVILLA, JERRY M AND CUNANAN , PO BOX 5175 ARAMCO MC DHAHRAN SAUDI IA 31311 200 7 HOLLYHOCK LN 783-45-044 ENTERPRISE REI 8 LLC 10440 S DE ANZA BLVD STE CUPERTINO CA 95014 200 8 2320 1 WILDROSE CT 783-46-039 AHMADI, AMINREZA P O BOX 608 LOS GATOS CA 95030 200 9 8565 STRAWBERRY LN 783-46-079 LE, ANH 682 KAWEAH AVE CLOVIS CA 93619 200 10 0 SUNFLOWER CL 783-47-003 ENTERPRISE REI 8 LLC 24168 BIG BASIN WY SARATOGA CA 95070 02-0 11 1463 1 PHEASANT DR 783-50-058 PALMER, MARY L 1463 PHEASANT DR GILROY CA 95020-8219 200 12 8745 1 WILD IRIS DR 783-52-032 VARGAS, ANABEL AND GOMEZ , 1355 ST FRANCIS ST REDWOOD CITY CA 94061 200 13 1350 1 PEREGRINE DR 783-55-021 TORRES, ALICIA S 1350 PEREGRINE DR GILROY CA 95020-0000 200 14 9246 1 DOVE CT 783-57-004 AYALA, DANIEL J AND ELIZABETH L 9246 DOVE CT GILROY CA 95020-0000 200 15 9231 1 N EGRET CT 783-58-044 CODIGA, RICHARD AND SCOTT- 9231 N EGRET CT GILROY CA 95020-0000 200 16 2363 1 BANYAN ST 783-64-029 ISSAKHANI, MEDIKO AND ROBERT 606 ALTINO BLVD SAN JOSE CA 95136 200 17 2333 1 BANYAN ST 783-64-032 GHARIBADEH, RAMSIN 3344 MEADOWLANDS LN SAN JOSE CA 95135-1624 200 18 2354 1 BANYAN ST 783-65-022 KARBALAEINEMATMOEINI, 2121 CRUDEN BAY WAY GILROY CA 95020-0000 200 19 9261 1 TEA TREE CT 783-72-006 WOODWARD, DEBBIE 9261 TEA TREE CT GILROY CA 95020-0000 200 20 1820 1 CAROB CT 783-72-017 NGUYEN, HENRY H ET AL 6971 SPUMANTE WAY GILROY CA 95020-0000 200 21 1810 1 CAROB C 783-72-018 OPINSKI, ROSE 2626 FALLBROOK DR MERCED CA 95340 200 22 9145 1 TEA TREE WY 783-72-020 PAWLICKI, AGNIESZKA 1851 CAROB CT GILROY CA 95020-0000 200 23 9035 1 TEA TREE WY 783-72-025 ATLLURI, SASI K AND SURAPANENI , 10800 MAXINE AVE CUPERTINO CA 95014-0120 200 24 9030 1 TEA TREE WY 783-72-026 DO, NGOC BICH THI ET AL 979 STORY RD #7024 SAN JOSE CA 95122 200 24 records of 154 Santa Clara County Weed Abatement Program Page 1 Agenda Item No. 7.6 Agenda Packet Page No. 337 of 447
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Exhibit A
25 8962 1 TEA TREE WY 783-72-030 THIEN, TRACY 38 PARK FLETCHER PL SAN JOSE CA 95136-2403 200 26 8971 1 TEA TREE WY 783-72-033 BHATTARAI, ATUL R AND 1660 WHEATLEY PL SAN JOSE CA 95121-0000 200 27 8950 1 MIMOSA CT 783-72-035 PHAM, LAN ET AL 1085 MICHIGAN AVE SAN JOSE CA 95125-2417 200 28 8955 1 MIMOSA CT 783-72-036 INNEH, EMMANUEL AND JENNIFER 1710 VALLEY OAKS DR GILROY CA 95020 200 29 2204 1 BANYAN CT 783-72-039 NAYYAR, SAPNA ET AL 2282 PENTLAND WAY SAN JOSE CA 95148 200 30 2273 1 BANYAN CT 783-72-051 PREMNATH, FLEMING J AND 2356 PATRICIA DR SANTA CLARA CA 95050-5018 200 31 2283 1 BANYAN CT 783-72-052 JEONG, JONGHUN AND CHOI , PO BOX 10652 SAN JOSE CA 95127 200 32 2202 1 COLUMBINE CT 783-72-061 KRUPA, STANISLAW TRUSTEE & ET 901 CALLE SERRA SAN DIMAS CA 91773 200 33 FARRELL AV 790-07-085 KUANG, WEIWEI 1952 EISENHOWER DR SANTA CLARA CA 95054-1621 200 34 95 FARRELL AV 790-07-086 KUANG, WEIWEI 1952 EISENHOWER DR SANTA CLARA CA 95054-1621 200 35 FARRELL AV 790-07-087 KUANG, WEIWEI 1952 EISENHOWER DR SANTA CLARA CA 95054-1621 200 36 FARRELL AV 790-07-088 KUANG, WEIWEI 1952 EISENHOWER DR SANTA CLARA CA 95054-1621 200 37 171 1 RONAN AV 790-15-009 NGUYEN, THUAN TRONG AND LE , 3295 KLOETZE LN SAN JOSE CA 95148-0000 200 38 8877 1 MONTEREY RD 790-15-036 MARGARETICH, BOZO AND VANJA ET946 STANLEY AVE LOS ALTOS CA 94024-5067 200 39 KERN AV 790-17-003 D R HORTON BAY INC 3000 EXECUTIVE PKWY STE SAN RAMON CA 94583 200 40 301 1 WELBURN AV 790-28-005 ANDERSON, KEITH RICHARD 301 WELBURN AVE GILROY CA 95020-4434 200 41 CHURCH ST 790-36-002 HOWSON INDUSTRIES LLC 1648 MULBERRY LN SAN JOSE CA 95125-4942 200 42 1375 1 1ST ST 790-39-019 S A PROPERTIES GROUP LLC 5820 STONERIDGE MALL RD PLEASANTON CA 94588 200 43 108 1 CHICKADEE LN 790-66-057 TEMPLE SAN JOSE LLC 527 SIMAS DR MILPITAS CA 95035-4723 200 44 7733 1 MONTEREY RD 799-03-054 7711 MONTEREY RD LLC UNIT 305 SAN JOSE CA 95138 200 45 7711 1 MONTEREY RD 799-03-055 7711 MONTEREY RD LLC UNIT 305 SAN JOSE CA 95138 200 46 7273 1 EIGLEBERRY ST 799-09-080 KAUR, SANDEEP AND SINGH , 3117 OAKGATE WAY SAN JOSE CA 95148-3026 200 47 7040 1 CHURCH ST 799-11-068 DING, ANDREW 7595 NEWCASTLE DR CUPERTINO CA 95014-5220 200 48 CHURCH ST 799-11-069 GOLDEN BRIDGE PROPERTIES LLC 1669 2 HOLLENBECK AVE SUNNYVALE CA 94087 200 48 records of 154 Santa Clara County Weed Abatement Program Page 2 Agenda Item No. 7.6 Agenda Packet Page No. 338 of 447
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Exhibit A
49 7421 1 HANNA ST 799-18-031 JEUNG, MICHAEL A ET AL 7421 HANNA ST GILROY CA 95020-5723 200 50 6700 1 CHURCH ST 799-33-001 MONSEF, CYRUS 6700 CHURCH ST GILROY CA 95020-6508 200 51 6687 FILBRO DR 799-44-093 TMP ROYAL WAY LLC 5671 SANTA TERESA BLVD SAN JOSE CA 95123 200 52 6675 ROYAL WY 799-44-094 TMP ROYAL WAY LLC 5671 SANTA TERESA BLVD SAN JOSE CA 95123 200 53 6630 ROYAL WY 799-44-095 TMP ROYAL WAY LLC 5671 SANTA TERESA BLVD SAN JOSE CA 95123 200 54 6640 ROYAL WY 799-44-096 TMP ROYAL WAY LLC 5671 SANTA TERESA BLVD SAN JOSE CA 95123 200 55 6650 ROYAL WY 799-44-097 TMP ROYAL WAY LLC 5671 SANTA TERESA BLVD SAN JOSE CA 95123 200 56 6660 ROYAL WY 799-44-098 TMP ROYAL WAY LLC 5671 SANTA TERESA BLVD SAN JOSE CA 95123 200 57 THOMAS RD 799-44-109 TMP ROYAL WAY LLC 5671 SANTA TERESA BLVD SAN JOSE CA 95123 200 58 321 1 W LUCHESSA AV 799-44-110 TMP ROYAL WAY LLC 5671 SANTA TERESA BLVD SAN JOSE CA 95123 200 59 1410 1 1ST ST 808-01-021 EAGLE LLC 41368 DANZON CT FREMONT CA 94539 200 60 7890 1 SANTA TERESA BL 808-01-022 EAGLE LLC 41368 DANZON CT FREMONT CA 94539 200 61 1490 1 1ST ST 808-01-023 EAGLE LLC 41368 DANZON CT FREMONT CA 94539 200 62 PONDEROSA DR 808-01-024 PIROZZOLI, MONICA TRUSTEE & ET 366 5TH ST GILROY CA 95020 200 63 LUCHESSA AV 808-19-030 CHRISTOPHER, DONALD C ET AL 305 BLOOMFIELD AVE GILROY CA 95020 200 64 808-19-031 COMMUNITY RESOURCES INC 480 E STATE ST STE 100 EAGLE ID 83616 200 65 THOMAS LN 808-20-008 SUNER CORPORATION 9761 ZUNI LN GILROY CA 95020-0000 200 66 10 1 W LUCHESSA AV 808-21-009 YAHYA, NAAIM A TRUSTEE & ET AL 1835 SULLIVAN CT MORGAN HILL CA 95037 200 67 6201 1 THOMAS RD 808-38-001 THOMAS ROAD PROPERTIES LTD THE 7888 WREN AVE UNIT D-143 GILROY CA 95020 200 68 6151 1 THOMAS RD 808-39-066 CORP PRESI BISH CHURCH CHRIST 50 E NORTH TEMPLE FL 22 SALT LAKE CITY UT 84150-3620 200 69 LUCHESSA AV 808-58-005 CHRISTOPHER, DONALD C ET AL 305 BLOOMFIELD AVE GILROY CA 95020 200 70 3000 HECKER PASS HW 810-20-021 HP AG LAND LLC 23 CORPORATE PL UNIT 150 NEWPORT BEACH CA 92625 200 71 2740 1 HECHER PASS HY 810-20-033 OWENS FINANCIAL GROUP INC 2221 OLYMPIC BLVD WALNUT CREEK CA 94595 200 72 2480 1 HECKER PASS HY 810-20-037 HOEY, JAMES W TRUSTEE & ET AL 2480 HECKER PASS HWY GILROY CA 95020-0000 200 72 records of 154 Santa Clara County Weed Abatement Program Page 3 Agenda Item No. 7.6 Agenda Packet Page No. 339 of 447
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Exhibit A
73 2300 1 HECKER PASS HY 810-20-039 SYNGENTA FLOWERS LLC PO BOX 500 SLATER IA 50244 200 74 800 WILDFLOWER CT 810-28-024 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 200 75 925 1 WILDFLOWER CT 810-28-026 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 200 76 935 1 WILDFLOWER CT 810-28-027 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 200 77 945 1 WILDFLOWER CT 810-28-028 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 200 78 955 1 WILDFLOWER CT 810-28-029 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 200 79 950 1 WILDFLOWER CT 810-28-032 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 200 80 940 1 WILDFLOWER CT 810-28-033 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 200 81 930 1 WILDFLOWER CT 810-28-034 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 200 82 920 1 WILDFLOWER CT 810-28-035 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 200 83 910 1 WILDFLOWER CT 810-28-036 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 200 84 900 1 WILDFLOWER CT 810-28-037 WILLIAMS, JAKIE C TRUSTEE & ET 1000 MESA RD GILROY CA 95020-6820 200 85 6675 1 EAGLE RIDGE CT 810-60-018 DO & PARTNERS LLC 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 200 86 6685 1 EAGLE RIDGE CT 810-60-019 DO & PARTNERS LLC 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 200 87 6695 1 EAGLE RIDGE CT 810-60-020 DO & PARTNERS LLC 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 200 88 1520 1 HECKER PASS RD 810-66-012 VILLAGE AT SANTA TERESA LP 1700 S EL CAMINO REAL SAN MATEO CA 94402 200 89 6615 1 EAGLE RIDGE CT 810-72-029 DO & PARTNERS LLC 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 200 90 6625 1 EAGLE RIDGE CT 810-72-030 DO & PARTNERS LLC 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 200 91 6635 1 EAGLE RIDGE CT 810-72-031 DO & PARTNERS LLC 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 200 92 6645 1 EAGLE RIDGE CT 810-72-032 DO & PARTNERS LLC 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 200 93 6651 1 EAGLE RIDGE CT 810-72-033 DO & PARTNERS LLC 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 200 94 6655 1 EAGLE RIDGE CT 810-72-034 DO & PARTNERS LLC 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 200 95 671 1 EAGLE RIDGE CT 810-72-035 DO & PARTNERS LLC 9419 GERANIUM CIR FOUNTAIN VALLEY CA 92708 200 96 MONTEREY RD 835-01-034 SOUTHERN PACIFIC 200
96 records of 154 Santa Clara County Weed Abatement Program Page 4 Agenda Item No. 7.6 Agenda Packet Page No. 340 of 447
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Exhibit A
97 MONTEREY RD 835-01-035 SOUTHERN PACIFIC 200
98 FOREST ST 835-01-050 LEAVESLEY & FOREST LLC 611 S WESTLAKE AVE LOS ANGELES CA 90057 200 99 MURRAY AV 835-01-059 HIGHLY VISUAL LLC 8840 FOREST ST GILROY CA 95020-0000 200 100 LEAVESLEY AV 835-01-064 LEAVESLEY & FOREST LLC 611 S WESTLAKE AVE LOS ANGELES CA 90057 200 101 8585 1 MURRAY AV 835-01-065 ESPARZA, ROBERT TRUSTEE 443 EL CAJON DR SAN JOSE CA 95111-3509 200 102 210 1 LAS ANIMAS AV 835-02-013 SHELTON, G WILLIAM 1216 PALADIN WAY PLEASANTON CA 94566 200 103 MONTEREY RD 835-02-014 SOUTHERN PACIFIC GILROY CA 95020-0000 200 104 260 1 LAS ANIMAS AV 835-02-016 CLOMONEY LLC PO BOX 60352 SUNNYVALE CA 94088 200 105 230 1 LAS ANIMAS AV 835-02-061 CLOMONEY LLC PO BOX 60352 SUNNYVALE CA 94088 200 106 402 1 MADISON CT 835-03-059 LOPEZ, JUAN R AND REBECCA G 1500 E HAMILTON AVE UNIT CAMPBELL CA 95008 200 107 SAN YSIDRO AV 835-04-064 J FILICE & SONS LTD 751 B FIRST ST GILROY CA 95020 200 108 LAS ANIMAS AV 835-04-067 MONTANO, LYDIA R AND ALFRED JR 15191 KARL AVE MONTE SERENO CA 95030-2229 200 109 MURRAY 835-04-068 MONTANO, LYDIA R AND ALFRED JR 15191 KARL AVE MONTE SERENO CA 95030-2229 200 110 600 1 LAS ANIMAS AV 835-04-082 QUALITY CONSTRUCTION 453 RAVENSDALE AVE MOUNTAIN VIEW CA 94043 200 111 9096 1 SAN YSIDRO AV 835-04-085 QUALITY CONSTRUCTION 453 RAVENSDALE DR MOUNTAIN VIEW CA 94043 200 112 9090 1 SAN YSIDRO AV 835-04-086 QUALITY CONSTRUCTION 453 RAVENSDALE DR MOUNTAIN VIEW CA 94043 200 113 315 1 LAS ANIMAS AV 835-05-006 LAS ANIMAS DEVEL CO LLC PO BOX 1772 GILROY CA 95021 200 114 135 1 LAS ANIMAS AV 835-05-007 MANN, BALDEV AND GURMEET 832 E BELL ST PALO ALTO CA 94303 200 115 55 1 LAS ANIMAS AV 835-05-008 SHELTON, G WILLIAM 1216 PALLADIN WAY PLEASANTON CA 94566 200 116 410 1 COHANSEY AV 835-05-016 GERA, NICHOLAS TRUSTEE & ET AL 19341 MONTE VISTA DR SARATOGA CA 95070-6219 200 117 405 1 LAS ANIMAS AV 835-05-024 TES INVESTMENTS LLC 1754 TECHNOLOGY DR STE SAN JOSE CA 95110 200 118 8805 FOREST ST 835-31-031 HOLLER, DYLAN R TRUSTEE 405 SPRING GROVE RD HOLLISTER CA 95023 200 119 MURAOKA DR 835-31-032 8805 FORREST QOZB LLC PO BOX 787 DIABLO CA 94528 200 120 SWANSTON LN 841-01-064 EDMISTON, RODNEY D TRUSTEE 18640 SUTTER BLVD STE 100 MORGAN HILL CA 95037 200 120 records of 154 Santa Clara County Weed Abatement Program Page 5 Agenda Item No. 7.6 Agenda Packet Page No. 341 of 447
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Exhibit A
121 NU 841-02-046 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 200 122 WHEELER ST 841-02-055 DRL PROPERTIES LLC 2545 MUIRFIELD WAY GILROY CA 95020-0000 200 123 341 1 LEWIS ST 841-03-063 PATEL, JITENDRA AND NAYANA 39625 FREMONT BLVD FREMONT CA 94538 200 124 7600 1 FOREST ST 841-03-070 VAZQUEZ, QUIRINO AND YOLANDA 835 GREEN VALLEY RD WATSONVILLE CA 95076 200 125 222 1 MARTIN ST 841-06-040 LIU, DENG AND CHEN , SHASHA 400 PALM AVE MILLBRAE CA 94030 200 126 7492 1 CHESTNUT ST 841-07-027 SANCHEZ, ELOY G AND ANGELICA M 7492 CHESTNUT ST GILROY CA 95020-5806 200 127 7472 1 CHESTNUT ST 841-07-043 TORRES-FERNANDEZ, ELISA ET AL 7472 CHESTNUT ST GILROY CA 95020-5806 200 128 7498 1 CHESTNUT ST 841-07-049 ZHENG, SHAO LAN AND ZHU , 7498 CHESTNUT ST GILROY CA 95020-5806 200 129 601 RENZ LN 841-10-039 PACIFIC GAS AND ELECTRIC CO 200 130 430 1 OLD GILROY ST 841-11-075 LETTERFORMS INC 3843 CONCORD BLVD CONCORD CA 94519 200 131 SOUTH FW 841-14-058 SOUTHERN PACIFIC 200
132 SOUTH FW 841-14-059 SOUTHERN PACIFIC 200
133 841-14-060 SOUTHERN PACIFIC 200
134 841-14-072 SOUTHERN PACIFIC 200
135 5870 1 MONTEREY RD 841-14-080 GARLIC FARM TRUCK CENTER LLC 5000 E 2ND ST UNIT G BENECIA CA 94510 200 136 6900 1 CAMERON BL 841-17-100 MCCARTHY GILROY LLC 210 ALMENDRA AVE LOS GATOS CA 95030-7211 200 137 841-17-121 UNITED NATURAL FOODS WEST INC P.O. BOX 990 MINNEAPOLIS MN 55406 200 138 6509 1 CAMERON BL 841-17-124 GILROY INDUSTRIAL OWNER LLC 3953 MAPLE AVE UNIT 300 DALLAS TX 75219 200 139 PACHECO PASS HW 841-18-082 AMAZON.COM SERVICES LLC P.O.BOX 80416 SEATTLE WA 98108 200 140 402 HADLEY CT 841-53-032 MARQUEZ, PRISCILLA A 402 HADLEY CT GILROY CA 95020-5839 02-0 141 HOOVER CT 841-53-066 NGUYEN, THU TAM 2673 MCLAUGHLIN AVE SAN JOSE CA 95121-2752 200 142 CAMINO 841-69-042 SOUTHPOINT BUSINESS PARK P O BOX 5368 SAN JOSE CA 95150 200 143 900 PACHECO PASS HW 841-70-014 CAPRARA, JANICE TRUSTEE & ET AL 26769 EL CAMINO REAL GONZALES CA 93926 200 144 850 1 HOLLOWAY RD 841-70-026 GILROY PARTNERS LLC 67 MOUNTAIN BLVD UNIT 201WARREN NJ 07059 200 144 records of 154 Santa Clara County Weed Abatement Program Page 6 Agenda Item No. 7.6 Agenda Packet Page No. 342 of 447
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Exhibit A
145 555 1 HOLLOWAY RD 841-70-037 ROCHA, JOE A AND VICTORIA M 575 SOUTHSIDE DR GILROY CA 95020 200 146 6970 1 CAMINO 841-70-049 TEMPLE GILROY LLC 527 SIMAS DR MILPITAS CA 95035-4723 200 147 5885 1 ROSSI LN 841-72-001 SIEMPRE SOBRE EL DINERO LLC 190 N MONTGOMERY ST SAN JOSE CA 95110 200 148 560 1 ROSSI CT 841-72-008 PULMUONE FOODS USA INC 2315 MOORE AVE FULLERTON CA 92833 200 149 590 1 ROSSI CT 841-72-009 PULMUONE FOODS USA INC 2315 MOORE AVE FULLERTON CA 92833 200 150 5835 1 ROSSI LN 841-72-010 PULMUONE FOODS USA INC 2315 MOORE AVE FULLERTON CA 92833 200 151 5815 1 ROSSI LN 841-72-011 PULMUONE FOODS USA INC 2315 MOORE AVE FULLERTON CA 92833 200 152 505 E LUCHESSA AV 841-73-005 BERRY JAMIESON LLC PO BOX 1802 GILROY CA 95021 200 153 5980 1 TRAVEL PARK CR 841-75-011 HOANG, VINCE AN TRI 5240 MONTEVERDE LN LINCOLN CA 95648 200 154 6601 1 CAMERON BL 841-84-009 MCCARTHY GILROY LLC 210 ALMENDRA AVE LOS GATOS CA 95030-7211 200 154 records of 154 Santa Clara County Weed Abatement Program Page 7 Agenda Item No. 7.6 Agenda Packet Page No. 343 of 447
8.1. Award a Contract to ASG Builders for the FY24 Annual CDBG Sidewalk/Curb Ramp Project No. 24-PW-285 in the amount of $97,290, Approve a Project Contingency of $19,458, and Approve a Total Project Expenditure of $116,748 for Construction
1. Staff Report:
2. Public Comment
3. Possible Action:
Award a contract to ASG Builders in the amount of $97,290 and approve a project contingency of $19,458 for the FY24 Annual CDBG Sidewalk/Curb Ramp Project (No. 24-PW-285) and authorize the City Administrator to execute the contract and associated documents.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Award a Contract to ASG Builders for the FY24 Annual CDBG Sidewalk/Curb Ramp Project No. 24-
PW-285 in the amount of $97,290, Approve a Project
Contingency of $19,458, and Approve a Total Project
Expenditure of $116,748 for Construction
Meeting Date: February 5, 2024
From: Jimmy Forbis, City Administrator
Department: Public Works
Submitted By: Karl Bjarke, Interim Public Works Director Prepared By: Susana Ramirez, Engineer I
STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure
RECOMMENDATION
Award a contract to ASG Builders in the amount of $97,290 and approve a project contingency of $19,458 for the FY24 Annual CDBG Sidewalk/Curb Ramp Project (No. 24-PW-285) and authorize the City Administrator to execute the contract and associated documents.
EXECUTIVE SUMMARY
The City receives Community Development Block Grant (CDBG) Program funds from the U.S. Department of Housing and Urban Development (HUD). Eligible activities that can be funded under Capital Improvements include annual curb ramp and sidewalk improvements to be used within low and moderate-income neighborhoods. The FY24 Annual CDBG Sidewalk/Curb Ramp Project (Project), No. 24-PW-285, will install new curb ramps that are in compliance with the Americans with Disabilities Act (ADA).
The CDBG capital improvement allocation for the Project was approved by the City Council on May 1, 2023, for the Program Year 2023-24. The Annual Action Plan identified the sidewalk and curb ramp projects as public improvements that create safe pedestrian pathways in low and moderate-income neighborhoods. Based on U.S.
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"FY24 CDBG Sidewalk/Curb Ramp Project Contract Award"
City of Gilroy City Council Page 2 of 4 February 5, 2024 Census tract data, Gilroy has neighborhoods that meet the low and moderate-income thresholds. The curb ramps identified in this project were chosen at locations in these neighborhoods where they don’t currently exist.
Staff advertised the Project in the San Jose Mercury News and on the City’s website and received six bids. After a successful bid opening, staff recommends awarding a contract to the lowest bidder, ASG Builders, of Mountain View, CA, in the amount of $97,290. In addition, staff recommends approval of a contingency in an amount not to exceed $19,458. Including the base bid amount and contingency, the Council is requested to approve a maximum expenditure of $116,748 to construct the Project. The entire Project will be funded through grant money received from the CDBG Program.
BACKGROUND
The City is a designated “entitlement” jurisdiction participating in HUD’s CDBG Program. This classification as an “entitlement” jurisdiction allows the City to receive an annual allocation of CDBG funds. The City is required to spend a minimum amount of these funds each year. The City is also required to submit an Annual Action Plan (Plan), which identifies specific projects/activities within that fiscal/program year. Staff from the Community Development and Public Works Departments collaborated to identify projects that qualify as defined by HUD.
Eligible activities that can be funded under Capital Improvements include the annual curb ramp and sidewalk improvements, principally within low and moderate-income neighborhoods. The FY24 Annual CDBG Sidewalk/Curb Ramp Project, No. 24-PW-285, was created to install new curb ramps that are in compliance with ADA. Staff identified substandard sidewalks, curb ramps, and areas that lack curb ramps in low and moderate-income neighborhoods and assembled a bid package to keep costs within available CDBG funds.
ANALYSIS
The 13 curb ramps included in this year’s project are located at the following intersections:
1. 7th St/ Dowdy St (3)
2. 7th St/ Carmel St (4)
3. Hanna St/ La Sierra Wy (2)
4. Hanna St/ Broadway St (1)
5. Rosanna St/ 2nd St (2)
6. Rosanna St/ Fourth St (1)
Staff advertised the Project in the San Jose Mercury News and on the City’s website and received six bids. A summary of the bid results is shown below:
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"FY24 CDBG Sidewalk/Curb Ramp Project Contract Award"
City of Gilroy City Council Page 3 of 4 February 5, 2024
RANK COMPANY NAME TOTAL BID AMOUNT
1 ASG Builders $ 97,290
2 McKim Corporation $ 174,500
3 FBD Vanguard $ 177,432
4 JJR Construction $ 215,415
5 Precision Grade $ 230,310
6 Inder Design Build LLC $ 238,610
After a successful bid opening, staff recommends awarding a contract to the lowest bidder, ASG Builders, in the amount of $97,290. In addition, staff recommends approval of a contingency in an amount not to exceed $19,458. Council is requested to approve a maximum expenditure of $116,748, including the base bid amount and contingency, to construct the Project.
The Project will be funded through grant money received from the CDBG Program. Staff identified and prioritized work for infrastructure improvements based on the following criteria: (1) installing new curb ramps on streets that currently don’t have ramps, and (2) installing curb ramps on streets to be resurfaced or rehabilitated in upcoming pavement rehabilitation projects. Based on the Engineer’s Estimate, it was anticipated that there would be enough CDBG funds to upgrade a total of 13 curb ramps in FY24. Therefore, staff identified 13 locations that would require curb ramps to be constructed.
ALTERNATIVES
The alternative to the staff recommendations is to reject all bids. Staff does not recommend this option as there is a grant deadline to spend the monies and submit reimbursement to HUD by mid-April 2024, thus jeopardizing the allocation of future CDBG funds from HUD due to not utilizing funds in a timely manner.
FISCAL IMPACT/FUNDING SOURCE
Staff recommends the award of the contract in the amount of $97,290 and approves a contingency amount of $19,458 for a total construction authorization of $116,748. The City’s CDBG Fund (Fund 245) receives CDBG Program funding annually from HUD.
The funding for this Project is through the City’s approved FY 2023-24 CDBG allocation.
There are sufficient budgetary appropriations available to accommodate this project’s expenditure.
PUBLIC OUTREACH
Affected residents will be notified in advance of the construction by the contractor.
NEXT STEPS
Upon Council’s approval of this contract, the contract will be executed, and staff will work with the contractor to develop a final project schedule to begin construction in Agenda Item No. 8.1 Agenda Packet Page No. 347 of 447
"FY24 CDBG Sidewalk/Curb Ramp Project Contract Award"
City of Gilroy City Council Page 4 of 4 February 5, 2024 March 2024.
Attachments:
1. ASG Builders- Agreement
Agenda Item No. 8.1 Agenda Packet Page No. 348 of 447
5th February
ASG Builders
Agenda Item No. 8.1 Agenda Packet Page No. 349 of 447
Agenda Item No. 8.1 Agenda Packet Page No. 350 of 447
February 5 2024
Agenda Item No. 8.1 Agenda Packet Page No. 351 of 447
Agenda Item No. 8.1 Agenda Packet Page No. 352 of 447
8.2. Award a Contract to Hexagon Transportation Consultants, Inc. for the First Street (SR152)/Kern Avenue Traffic Signal Design Project No. 24- RFP-PW-494 in the amount of $264,685, Approve a Project Contingency of $39,703, and Approve a Total Project Expenditure of $304,388 for Design Services
1. Staff Report:
2. Public Comment
3. Possible Action:
Adopt a resolution of the City Council of the City of Gilroy amending the Fiscal Year 2023-2024 budget and appropriating an additional $121,821 from the Traffic Impact Fund (425).
Award a contract to Hexagon Transportation Consultants, Inc. in the amount of $264,685 and approve a project contingency of $39,703 for a total project expenditure of $304,388 for the design and preparation of bid documents for the First Street (SR152)/Kern Avenue Traffic Signal Design Project No. 24-RFP-PW-494 and authorize the City Administrator to execute the contract and associated documents.
Agenda Item No. 8.2 Agenda Packet Page No. 353 of 447
City of Gilroy
STAFF REPORT
Agenda Item Title: Award a Contract to Hexagon Transportation Consultants, Inc. for the First Street (SR152)/Kern
Avenue Traffic Signal Design Project No. 24-RFP-PW494 in the amount of $264,685, Approve a Project Contingency of $39,703, and Approve a Total Project
Expenditure of $304,388 for Design Services
Meeting Date: February 5, 2024
From: Jimmy Forbis, City Administrator
Department: Public Works
Submitted By: Karl Bjarke, Interim Public Works Director Prepared By: Julie Oates, Engineer II
STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure
RECOMMENDATION
a) Adopt a resolution of the City Council of the City of Gilroy amending the Fiscal Year 2023-2024 budget and appropriating an additional $121,821 from the Traffic Impact Fund (425).
b) Award a contract to Hexagon Transportation Consultants, Inc. in the amount of $264,685 and approve a project contingency of $39,703 for a total project expenditure of $304,388 for the design and preparation of bid documents for the First Street (SR152)/Kern Avenue Traffic Signal Design Project No. 24-RFP-PW-494 and authorize the City Administrator to execute the contract and associated documents.
EXECUTIVE SUMMARY
This project includes the design and preparation of bid documents for traffic signal improvements at the First Street (SR152)/Kern Avenue intersection (Project Intersection). The Fiscal Year 2024-2028 Capital Improvement Program (CIP), which was adopted by the City Council on June 5, 2023, funded the design (in FY24) and the Agenda Item No. 8.2 Agenda Packet Page No. 354 of 447
First Street/Kern Avenue Traffic Signal Design Contract Award City of Gilroy City Council Page 2 of 4 February 5, 2024 construction (in FY25) of a new traffic signal at the Project Intersection. Since the Project Intersection is within the Caltrans right-of-way, the traffic signal design will need to go through the Caltrans review and encroachment permit process, as well as the City’s review process. Staff recommends awarding a contract to Hexagon Transportation Consultants, Inc., of Gilroy, CA, to design and prepare the bid documents for the new traffic signal improvements at the Project Intersection. The proposed contract amount is $264,685. Staff requests authorization for $39,703 in contingency for a total project expenditure of $304,388.
BACKGROUND
The First Street (SR152)/Kern Avenue intersection (i.e., Project Intersection) is a “T” intersection that currently operates with one-way stop control on the southbound Kern Avenue approach. Since First Street is part of California State Route 152, the Project Intersection is within the Caltrans right-of-way. Recent changes at the Project Intersection include a new crosswalk and pedestrian hybrid beacon across the east leg of the intersection, which was installed by Caltrans in the Fall of 2020. In addition, the pavement markings on the southbound Kern Avenue approach were recently modified to prohibit southbound left turns from Kern Avenue to First Street. The pavement marking changes were done in conjunction with the recently constructed and occupied apartment complex near the Project Intersection. The pedestrian hybrid beacon and pavement marking modifications were implemented as interim measures to improve safety and traffic operations until a new traffic signal could be constructed at the Project Intersection.
The Fiscal Year 2024-2028 Capital Improvement Program (CIP), which was adopted by the City Council on June 5, 2023, funded the design (in FY24) and construction (in FY25) of a new traffic signal at the Project Intersection. The first phase of the design process will include a traffic operations analysis. It is anticipated that left turns from Kern Avenue to First Street will be reinstated as part of the new traffic signal design. The existing pedestrian hybrid beacon at the Project Intersection will no longer be needed and will be removed. To the extent possible, the equipment and underground infrastructure associated with the pedestrian hybrid beacon will be repurposed.
Since the Project Intersection is within the Caltrans right-of-way, the traffic signal design will need to go through the Caltrans review and encroachment permit process, as well as the City’s review process.
ANALYSIS
On October 20, 2023, a Request for Proposals (RFP) was issued to seven consultants on the City’s prequalified list of design consultants (from a previous Request for Qualifications) to provide professional services for designing traffic signal improvements at the Project Intersection.
Agenda Item No. 8.2 Agenda Packet Page No. 355 of 447
First Street/Kern Avenue Traffic Signal Design Contract Award City of Gilroy City Council Page 3 of 4 February 5, 2024 The City received five proposals from the following consultant teams:
• Advanced Mobility Group
• Hexagon Transportation Consultants, Inc.
• Kimley-Horn
• Ruggeri-Jensen-Azar
• TJKM
The proposals were evaluated by a scoring committee and ranked per the criteria identified in the RFP. Hexagon Transportation Consultants, Inc. (Hexagon) was ranked the highest and was selected to design the traffic signal improvements based on their local knowledge, experience, project understanding, project approach, and schedule.
ALTERNATIVES
The alternative to the staff recommendation is not to award the contract. Staff does not recommend this option because it would delay the design and, ultimately, the construction of the new traffic signal improvements.
FISCAL IMPACT/FUNDING SOURCE
Hexagon’s proposed cost for the design services is $264,685. Staff recommends a contingency of $39,703 to address unanticipated changes or requests made by outside agencies (such as Caltrans). Therefore, the total expenditure allocation request is $304,388.
The project will be funded by the Traffic Impact Fund (425). The current FY24 CIP budget of $182,567 for design services is not sufficient to fund the design of the project.
Staff recommends the City Council adopt a resolution amending the FY24 budget and appropriating an additional $121,821 from the Traffic Impact Fund (425) to fund the design of the project fully.
PUBLIC OUTREACH
There is no public outreach planned during the design phase of the project. Appropriate public outreach will be conducted for the construction phase of the project.
NEXT STEPS
If Council approves the proposed contract with Hexagon, staff will direct the consultant to begin the design process. Final design and bid documents are anticipated to be completed in early 2025. Bidding and construction would begin soon after the design and bid documents are completed.
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First Street/Kern Avenue Traffic Signal Design Contract Award City of Gilroy City Council Page 4 of 4 February 5, 2024 Attachments:
1. Draft Resolution
2. Hexagon - Agreement
Agenda Item No. 8.2 Agenda Packet Page No. 357 of 447
RESOLUTION 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING THE BUDGET FOR THE CITY OF
GILROY FOR 2023-2024 AND APPROPRIATING
PROPOSED EXPENDITURE AMENDMENTS
WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2023-2024 and 2024-2025, and the City Council carefully examined, considered, and adopted the same on June 5, 2023; and WHEREAS, City Staff has prepared and submitted to the City Council proposed amendments to said budget for Fiscal Year 2023-2024 for the City of Gilroy in the staff report dated February 5, 2024, for the First Street (SR152)/Kern Avenue Traffic Signal Design Project, City Project No. 24-RFP-PW-494.
NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year 2023-2024 for Traffic Impact Fund 425 shall be increased by $121,821.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 5th day of February 2024 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
Agenda Item No. 8.2 Agenda Packet Page No. 358 of 447
AGREEMENT FOR SERVICES
(For design professional contracts over $5,000)
This AGREEMENT made this 5th day of February, 2024 between:
CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONSULTANT: Hexagon Transportation Consultants, Inc., having a principal place of business at 100 Century Center Court, Suite 501, San Jose, CA 95112.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on February 26, 2024 and will continue in effect through December 31, 2026 unless terminated in accordance with the provisions of Article 7 of this Agreement.
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”) within the time periods described in and 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”. In no event however shall the total compensation paid to CONSULTANT exceed $264,685.00.
B.
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Invoices
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” 4845-6718-3385v1
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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 attorneys’ fees, arising out of any injury, disability, or death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum 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 4845-6718-3385v1
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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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G. Prevailing Wage
CONTSULTANT agrees and acknowledges that it is its obligation to determine whether, and to what extent, any work performed is or any workers employed relative to any construction to be performed under this Agreement are subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of CITY and the laws of the State of California and the United States, including, without limitation, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage requirements (“Prevailing Wage Laws”). To the extent Prevailing Wage Laws apply to work performed or workers employed for the purpose of performing work under this Agreement, CONTSULTANT shall fully comply with and ensure that all workers and/or subcontractors are informed of and comply with all Prevailing Wage Laws and specifically any applicable requirement of California Labor Code Sections 1720 et seq. and 1770 et seq. and the regulations thereunder, which require the payment of prevailing wage rates based on labor classification, as determined by the State of California, and the performance of other requirements on certain “public works” or “maintenance” projects. It is the duty of CONTRACTOR to post a copy of applicable prevailing wages at the job site. Prevailing wage information may be obtained at www.dir.ca.gov.
No CONSULTANT or Subconsultant may be awarded an Agreement containing Public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code 1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
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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.I., 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 satisfactorily completed 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 may have, CONSULTANT shall reimburse 4845-6718-3385v1
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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 use due professional care to 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 attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either.
C. Attorneys’ Fees
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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. 4845-6718-3385v1
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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.I. but each party may change the address by written notice in accordance with this paragraph.
Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
K.
All dates and times referred to in this Agreement are of the essence.
L. Waiver
Time of the Essence
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:
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
CITY OF GILROY
By: By:
Name: Jeffrey Elia, PE
Title: Vice President, Principal Associate
Name: Jimmy Forbis
Title: City Administrator
Social Security or Taxpayer
Identification Number 77-0478675
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 Jeffrey Elia, PE, 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 satisfactorily complete the Services required herein.
II.
A.
NOTICE TO PROCEED/COMPLETION OF SERVICE
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, Jorge Duran, PE 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.I. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has satisfactorily completed all of the Services, 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 satisfactorily completed all of the Services and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not satisfactorily completed all of such Services, 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. 4845-6718-3385v1
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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. CONSULTANT’S SERVICES TO BE APPROVED BY A REGISTERED
PROFESSIONAL ENGINEER
All civil (including structural and geotechnical) engineering plans, calculations, specifications and reports shall be prepared by, or under the responsible charge of, a licensed civil engineer and shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as “preliminary” or “for review only.” All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal of the licensee and the date of signing and sealing or stamping.
All final civil engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping.
B. 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.
C. 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. 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 4845-6718-3385v1
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law for all damages to CITY caused by CONSULTANT’S negligent performance of any of the services furnished under this Agreement.
D. 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.
E. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.
F. 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.
G. 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.E of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. 4845-6718-3385v1
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H. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.
I. NOTICES.
Notices are to be sent as follows:
CITY: Jorge Duran, PE
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Jeffrey Elia, PE
Hexagon Transportation Consultants, Inc.
8070 Santa Teresa Blvd Suite 230
Gilroy, CA 95020
J. 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.J. 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.J. 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
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CoverLetter
November 10, 2023
Ms. Carina Baksa
City of Gilroy
7351 Rosanna Street
Gilroy, California 95020
Re: Request for Proposals Engineering Services for First Street (SR 152)/Kern Avenue Traffic Signal Design Project No. 24-RFP-PW-494
Dear Ms. Baksa,
Hexagon Transportation Consultants, Inc. is pleased to submit this proposal for Professional Services for the signalization of First Street and Kern Avenue. Our consulting team includes RJA for civil engineering and survey work and David J. Powers and Associates for environmental clearance work.
Over the last 20 years, Hexagon has worked closely with the City of Gilroy on a wide range of transportation projects, including design plans for traffic signal improvements at 3rd Street/Wren Avenue, 10th Street/Church Street, Cameron Boulevard/SR 152, and Cameron Boulevard/McCarthy Business Park driveway as well as dozens of other traffic engineering and planning projects.
We have built our firm around three fundamental principles. First, we are committed to delivering the highest quality work. Second, we deliver products when we promise them. Finally, we are accessible and responsive.
All members of our team possess the technical expertise and the local experience in Gilroy to provide the services necessary to achieve all of this project’s objectives. We are excited about the opportunity to work with the City to improve safety and operations at this intersection.
Hexagon’s principal contact person will be our Vice President, Jeffrey Elia, P.E. He is a licensed Civil Engineer in the State of California and is also empowered to bind the firm in contract. Mr. Elia works in Hexagon’s Gilroy office and is readily available to attend meetings at City Hall or in the field, as necessary. Mr. Elia’s contact information is as follows:
8070 Santa Teresa Boulevard, Suite 230, Gilroy, CA 95020 | (408) 846-7413 | [email protected] We appreciate the opportunity to submit this proposal for your consideration. Please do not hesitate to contact us if additional information is needed.
Sincerely,
HEXAGON TRANSPORTATION CONSULTANTS, INC.
Jeffrey Elia, P.E.
Vice President
Agenda Item No. 8.2 Agenda Packet Page No. 373 of 447
Proposal to the City of Gilroy for the First Street (SR152)/Kern Avenue Traffic Signal Design Project No. 24-RFP-PW-494 November 10, 2023 TableofContents
Cover Letter .........................................................................................................................................1 Table of Contents.................................................................................................................................2
1. Project Understanding and Project Approach .............................................................................3 Project Understanding.............................................................................................................3 Opportunities, Constratins, and Potential Issues ....................................................................3 Project Approach .....................................................................................................................4 Proposed Scope of Work .........................................................................................................4 Work Tasks...............................................................................................................................7
2. Project Schedule.........................................................................................................................11 Anticipated Schedule .............................................................................................................11
3. Key Staff and Organization Chart ...............................................................................................12 Hexagon Transportation Consultants, Inc. ............................................................................13 Subconsultants.......................................................................................................................14 Team Organization Structure.................................................................................................16
4. References and Past Performance .............................................................................................16 Agency References.................................................................................................................16 Reference Projects.................................................................................................................17 Contract Performance............................................................................................................19 Attachment A.....................................................................................................................................21 Appendix A - Resumes .......................................................................................................................22 P a g e | 2
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Proposal to the City of Gilroy for the First Street (SR152)/Kern Avenue Traffic Signal Design Project No. 24-RFP-PW-494 November 10, 2023
1. ProjectUnderstandingandProjectApproach
Project Understanding
A traffic signal will be installed at the intersection of First Street (SR 152) and Kern Avenue to provide full signal control of vehicles, bicycles, and pedestrians. This “T” intersection currently operates with oneway stop control on the Kern Avenue approach. In Fall of 2020, Caltrans installed a crosswalk and a pedestrian hybrid beacon (PHB) across the east leg of the intersection. Earlier this year the signing and striping on the Kern Avenue approach was modified to prohibit southbound left turns from Kern Avenue to First Street, presumably to address safety and operational issues associated with making that movement without the benefit of traffic signal control.
As part of the signalization project, the existing signal facilities associated with the PHB will need to be removed or modified and repurposed for the traffic signal project. It is our understanding that the existing lane configuration and the buffered bike lanes on First Street at the intersection will be maintained. We assume that the left-turn movement from Kern Avenue will be added back to the intersection with the installation of the traffic signal. Existing sidewalk widths, curb alignments, and corner radii will remain the same as existing. All four quadrants of the intersection have new curb ramps that appear to meet ADA standards. Unless signal pole placement or pedestrian push button access become an issue, we do not anticipate the need to rebuild any of the existing curb ramps.
Opportunities, Constratins, and Potential Issues
We have identified several opportunities, constraints, and potential key issues associated with traffic signal improvements at this location. These issues are discussed below.
Opportunities
Constructing a new traffic signal at this intersection will provide a safer and more efficient intersection by providing signal control of pedestrian crossings and left-turn vehicle movements. The north half of the intersection sits within the City’s right-of-way (ROW), which limits Caltrans approval of geometric features to just the south half of the intersection. The existing signal controller cabinet and 2070 signal controller for the PHB system should be able to remain to control the new traffic signal. It appears that two or three of the four existing signal poles for the PHB system could remain in their current locations and be repurposed for the full signalization of the intersection. Much of the existing signal conduit system at the intersection for the PHB system consists of 3” conduits. These conduits should have plenty of capacity to be reused for the traffic signal system. The existing PG&E service point and meter pedestal providing power to the existing PHB system should be able to be reused for the new traffic signal system.
Constraints and Potential Key Issues
The sidewalk on the south side of First Street is about 5’ wide. Therefore, any new signal poles placed on the south side of the intersection will require the existing fence line and hedges in front of the cemetery to be modified in order to accommodate the signal pole and ADA passage space within the sidewalk. It appears the fence line and hedges sit within Caltrans ROW. Caltrans plans for this intersection show the ROW line sitting about 16’ south of the existing south curb line on First Street.
Currently the crosswalk across First Street is placed on the east leg of the intersection. At this position, the crosswalk will conflict with left-turn traffic from the Kern Avenue approach. With implementation of signal control, this will lead to some inefficiencies in traffic operations as the north-south pedestrian P a g e | 3
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Proposal to the City of Gilroy for the First Street (SR152)/Kern Avenue Traffic Signal Design Project No. 24-RFP-PW-494 November 10, 2023 phase and southbound left-turn vehicle movement will be operating at the same time. Under that scenario, left-turn vehicles will need to yield to pedestrians in the crosswalk, which is not the safest or most efficient signal phasing scheme. Our traffic operations analysis will evaluate whether it is beneficial to switch the crosswalk to the west leg of the intersection where it would conflict with right-turn traffic, as is the standard configuration for a T intersection.
The existing mast arm signal pole on the southeast quadrant of the intersection (for eastbound traffic) has a mast arm length of 35’. This mast arm is not long enough to hold a left-turn signal head for the eastbound left-turn movement when the intersection is signalized. As such, this pole likely will need to be removed and replaced with a new mast arm pole with a longer mast arm.
Project Approach
Our project team will coordinate to prepare construction drawings and bid documents for the improvement project. Additionally, our team will handle environmental clearance for the project. We will manage the Caltrans application and plan review process on behalf of the City.
Our work effort is divided into two phases. The first phase includes conducting a traffic operations analysis of the intersection with the proposed improvements and developing a conceptual design for City review and for input into the environmental clearance aspect of the project. The work in this phase will be used to complete the Intersection Control Evaluation (ICE) analysis that Caltrans will require. The second phase of work includes refining the design and developing construction plans for the improvements for City bidding. An important component of this effort will be working through the Caltrans review and permit process and addressing the needs of any other agencies involved.
Our scope of work assumes that the intersection and traffic signal improvements can be designed to meet applicable Caltrans standards. As such, we do not anticipate the need for a Design Standard Decision Document (DSDD) to be prepared for this project. Similarly, based on Caltrans form TR-0416 – Applicant’s Checklist to Determine Applicable Review Process and on Figure 9-4 – Steps to Determine the Appropriate Caltrans Review Process of the Caltrans Project Development Procedures Manual, we expect the signalization project to be very straight forward, allowing it to be processed through the Caltrans Encroachment Permits Office Process (EPOP) rather than the more complicated Quality Management Assessment Process (QMAP).
After consulting with the Caltrans District 4 ICE Coordinator, we found that, because the type of intersection control will be changed, this project will be required to prepare an ICE analysis. Therefore, our scope of work includes preparing a Step 1 (screening) ICE analysis for the project. The assessment is needed primarily to rule out a roundabout or all-way stop control as viable options. The District 4 ICE Coordinator indicated that the need to prepare an ICE analysis is not a factor that is considered when determining whether a project can follow the simple EPOP process or whether it has to go through the more involved QMAP process. Therefore, we do not anticipate that the ICE analysis will complicate the Caltrans permit process.
Proposed Scope of Work
Traffic Signal Improvement Plans
The traffic signal plans will be designed to be compliant with applicable State and Federal Standards, modified for any special City standards and requirements. We will maximize the use of existing traffic P a g e | 4
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Proposal to the City of Gilroy for the First Street (SR152)/Kern Avenue Traffic Signal Design Project No. 24-RFP-PW-494 November 10, 2023 signal equipment, conduit, boxes, and cabinets currently associated with the PHB system in order to reduce construction cost and duration.
Intersection Improvement Plans
Existing sidewalks, curb returns, and curb ramps will be kept as is to the extent feasible in order to reduce construction cost and minimize disturbance to existing facilities. The existing ramps at the intersection meet current Caltrans ADA standards. RJA will prepare plans for any ramp or sidewalk modifications needed for the placement of new signal poles. We do not expect changes to the existing storm system or drainage patterns within the intersection. RJA will provide topographic surveys and ROW mapping over the limits of the project as described in the RFP. Benchmarks and control points for construction layout will be provided. An orthographic photo of the intersection will be utilized for the striping layout.
Signal Interconnect Plans
It is assumed that signal interconnect cable will be needed to connect the new signal to the existing signal at Westwood Drive – about 610’ to the west. The signal design plans will include the necessary notes and details to document the installation or modification of signal interconnect facilities.
There is a gap of about 270’ between the traffic signal pull box on the northwest corner of Kern Avenue and the nearest traffic signal pull box for the Westwood Drive signal. As such, interconnecting the two signals would require only a relatively short segment of new interconnect conduit to be installed, assuming Caltrans allows the interconnect cable to be comingled with traffic signal conductors and loop detector cable.
Our scope assumes that the new signal will not need to be interconnected with the adjacent signal at Wren Avenue – 1,400’ to the east. If Caltrans requires signal interconnect cable and conduit to be extended to this intersection, then additional time and budget may be necessary.
Signing and Striping Plan
Signing and striping plans will be designed for the subject intersection and street segments affected by the off-site improvements. These plans will be designed in accordance with CA MUTCD standards and requirements. The lane configurations on First Street would remain as is. The Kern Avenue approach would be modified to have a southbound left-turn pocket.
Intersection Safety Lighting Photometric Analysis
Hexagon will conduct a photometric analysis of the safety lighting at the intersection to verify that the safety lighting layout and luminaire types specified in the design adequately satisfy lighting standards.
Traffic Control Plans
Hexagon will prepare traffic-handling plans for the street segments affected by the construction of the proposed improvements. This includes construction activity in City ROW as well as State ROW. The plans will include construction area signage, temporary traffic control devices, and detour signage as needed to safely handle auto traffic as well as bicycle and pedestrian traffic during construction activities.
Intersection Control Evaluation (ICE) Analysis
Hexagon will prepare an ICE report consisting of a Step 1 ICE screening analysis of the project intersection. This evaluation will be performed for AM and PM peak-hour volumes under existing/nearP a g e | 5 Agenda Item No. 8.2 Agenda Packet Page No. 377 of 447
Proposal to the City of Gilroy for the First Street (SR152)/Kern Avenue Traffic Signal Design Project No. 24-RFP-PW-494 November 10, 2023 term conditions and long-range (GP buildout) conditions. Per ICE procedures, the Step 1 analysis will evaluate the high-level feasibility of roundabout control, traffic signal control, and all-way stop control at the subject intersection.
There is only about 610’, center-to-center, between Kern Avenue and Westwood Drive. Caltrans may have concerns with this spacing as it is minimal for traffic signals. In order to address potential Caltrans concerns, the ICE analysis will include an assessment of vehicle queueing to confirm that the new signal will not interfere with intersection operations at Westwood Drive.
As part of this analysis, we will perform the following tasks:
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Collect new AM and PM peak-hour traffic count data at Kern Avenue and at Westwood Drive.
Develop a forecast for projected near-term southbound left-turn volumes from Kern Avenue using previous count data as well as the size of the apartment project recently completed on Kern Avenue.
•
•
•
•
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Obtain long range traffic projections from the Gilroy General Plan and/or City of Gilroy Travel Demand Model.
Evaluate all-way stop and signal warrants at the project intersection based on the projected traffic volumes.
Conduct intersection level of service (LOS) and queueing analyses for one-way stop control, allway stop control, signal control, and roundabout control at the project intersection.
Conduct intersection LOS and queueing analyses at the First Street/Westwood Drive intersection.
Collect accident data from the SWITRS database to evaluate if the accident experience signal warrant is satisfied at this location and to calculate the accident rate for comparison to the statewide average rate.
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Evaluate ROW and other constraints associated with implementing a roundabout at this location.
Summarize the ICE Step 1 assessment in a technical letter report.
Note that our scope of work does not include time or budget to conduct a microscopic traffic simulation of traffic operations in the corridor. If Caltrans requires a simulation analysis to evaluate close intersection spacing, then additional time and budget will be necessary.
CEQA Documentation
Given the nature of the improvements proposed, we believe the project will qualify for a Categorical Exemption (CE) under California Environmental Quality Act (CEQA) Guideline Section 15301, Class 1, Existing Facilities, which consists of the operation, repair, maintenance, or minor alterations of existing public or private facilities, involving negligible or no expansion of existing or former use. Under subsection (c), existing facilities include: “existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities...” Our scope includes preparation of a Memorandum supporting the use of a CE, preparation of a draft Notice of Exemption (NOE), meeting attendance, and project management and contract administration.
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Proposal to the City of Gilroy for the First Street (SR152)/Kern Avenue Traffic Signal Design Project No. 24-RFP-PW-494 November 10, 2023 Work Tasks
1. Project Management and Administration
Monthly Progress Reports
Hexagon will develop monthly progress reports for City review. These reports will include details of scope items in progress and those completed during the reporting period as well as budget status, project milestones, deliverables, and action items with the name of responsible parties.
Progress Meetings
Throughout the course of the project, Hexagon and RJA will attend monthly progress review meetings, as necessary, with City staff to discuss progress of the project and the design plans. Hexagon will prepare meeting agendas, action item logs for follow up items, and meeting minutes.
Project Schedule
We will maintain an up-to-date project schedule throughout the course of the project. An updated project schedule will be provided to the City during each monthly progress meeting.
2. Project Initiation
Kick-Off Meeting
Hexagon and RJA will attend a kick-off meeting with City staff to discuss the goals and objectives of the project, refine the scope of work of the design project, establish the project schedule, and establish communication protocols for the project.
Obtain and Review Background Information
Hexagon will contact the City Public Works Department and Caltrans to research any special requirements the City or State may have regarding the proposed traffic signal installation. Hexagon will work with agency staff to obtain any relevant background information that may be useful or required to complete the signal design, such as traffic studies and as-built plans. The design team will obtain existing utility plans for this area for use in the design of new traffic signal pole and cabinet locations.
Field Investigations
Hexagon will field-verify existing traffic signal interconnect and street light facilities, the routing of electrical conduits, and the size, location, and contents of existing pull boxes and cabinets near the intersection. Potential conflicts with overhead and underground utilities and obstructions, and other conflicts not readily apparent on the topographic maps will be identified in the field.
As part of this effort, we will identify existing traffic signal equipment and pedestrian facilities that are not up to current standards/codes.
3. Preliminary Design and Analysis
Preliminary Design (35%)
We will develop a preliminary (35%) design for the new traffic signal system to achieve the required improvements for early review and comment by the City. The intent of this task will be to resolve major design issues and constraints and to help ensure that the following review submittals substantially achieve the goals and objectives for this project.
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Proposal to the City of Gilroy for the First Street (SR152)/Kern Avenue Traffic Signal Design Project No. 24-RFP-PW-494 November 10, 2023 Preliminary Plans - These plans will represent a conceptual layout of proposed civil and traffic signal improvements at the intersection. We will submit preliminary plans to the City in in PDF and hardcopy format (up to three (3) sets).
Preliminary Cost Estimates – A preliminary estimate of probable construction costs will be prepared based on the preliminary design plans.
Draft Specifications - Technical Specifications will be provided in draft form for review by City staff.
Coordination Items
As part of this task, the design team will identify potential utility issues, as well as utility companies and other agencies that may need to be involved.
The preliminary design will be used as an input into the CEQA process.
Design Review Meeting
At the completion of the preliminary plans, Hexagon and RJA will attend one meeting with City staff to discuss the preliminary design plans and coordination issues. The outcome of this meeting will be used to guide the development of the construction documents and to identify solutions to major design issues.
ICE Analysis
The ICE analysis will be completed at this stage of the project and submitted to the City for review and comment in preparation for the eventual submittal to Caltrans.
4. Environmental Documentation
Preparation of the Categorical Exemption Memorandum
David J. Powers & Associates (DJP&A) will prepare a brief Memorandum documenting why the project is eligible for a CE and how no exceptions to the use of a CE exist (CEQA Section 15300.2). The proposed intersection improvements will be described based upon plans and operational elements provided by the project team. This task includes preparation of an Archaeological Sensitivity Assessment by Archaeological/Historical Consultants, under contract to DJP&A, to analyze the sensitivity of the project area for Native American or historic-era archaeological resources.
Upon completion of the Administrative Draft Memorandum, DJP&A will provide an electronic copy in Microsoft Word for the City’s review. At this point, if it is determined that none of the exceptions apply and no mitigation is needed to reduce or avoid impacts due to unusual circumstances, DJP&A will prepare and file a Notice of Exemption (NOE), as described below.
In the event the project would result in significant impacts and is not eligible for a Categorical Exemption, DJP&A can prepare an Initial Study/Mitigated Negative Declaration under a separate scope and fee.
Categorical Exemption and Preparation of Notice of Exemption Once confirmed by the City that the project is categorically exempt, DJP&A will prepare a draft NOE per Section 15062 of the CEQA Guidelines and submit the NOE to City staff for one round of review. Upon project approval, DJP&A will file the NOE at the State Clearinghouse and Santa Clara County Clerk’s office and pay the $50 filing fee on behalf of the City. The NOE will not require circulation to the public. Filing the NOE will begin the 35-day statute of limitations on legal challenges to the City’s decision that the project is exempt.
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Proposal to the City of Gilroy for the First Street (SR152)/Kern Avenue Traffic Signal Design Project No. 24-RFP-PW-494 November 10, 2023 Meetings
The project team will attend up to two (2) meetings with City staff to discuss the environmental documentation. This scope does not include public hearing attendance, since categorically exempt projects are not required to go to public hearing.
5. Construction Documents
Plans, Specifications, and Estimates (65% and 95%)
Plans – The design team will respond to and address plan check comments on the preliminary design plans and produce construction plans. These plans will address agency comments and will add additional design elements, notes and details, full equipment specifications, and any other features required to bring the construction plans to a complete and biddable state.
Specifications - A separate Technical Specifications document will be prepared for inclusion in the Project Specifications. Our scope of work assumes that the City will be preparing the front end specifications/bid instructions for the project. Prior to completing the 95% submittal, the design team will review the front end specs/bid instructions and provide comments to the City.
Cost Estimates - A detailed estimate of probable construction costs will be prepared and will be submitted for review along with the construction plans.
Review Submittals - Our scope includes two submittals (65% and 95%) of the construction plans, specifications, and cost estimates to the City for review and comment. All review submittals will be made electronically (PDF format) and in hardcopy format (up to three (3) sets).
As part of each submittal, we will return the marked-up plans from the previous submittal along with a list of the City comments and our responses.
Design Review Meetings
After completion of the 65% and 95% plans, Hexagon and RJA will attend a meeting with City staff (two (2) meetings total) to discuss the construction documents and coordination issues.
Potholing
The design team will coordinate to identify locations that should be potholed in order to confirm the proposed traffic signal pole locations are free of utility conflicts. Our scope of work assumes that up to four (4) locations will be potholed. We will prepare pothole plans and coordinate with a potholing contractor to complete this work.
Quality Assurance Review and In-House Peer Review
Throughout all submittal stages the design team will perform in-house quality control review. Prior to completing 95% bid documents, the plans and specifications will undergo peer review by another engineer other than the designer. The purpose of this review is to provide oversight of specific project details and to review the constructability, cost-effectiveness, and completeness of the design.
6. Coordination and Permitting with Other Agencies/Entities Coordination with Caltrans
Plan Review
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Proposal to the City of Gilroy for the First Street (SR152)/Kern Avenue Traffic Signal Design Project No. 24-RFP-PW-494 November 10, 2023 It is anticipated that both the City and Caltrans will be reviewing the project plans. Upon receipt of comments from both agencies, all comments will be addressed and any conflicting comments between the agencies will be resolved to the satisfaction of each agency.
Encroachment Permit
Our scope assumes that the simplified EPOP permit process will be used for this project.
Design Exceptions
We anticipate that all applicable design standards can be met within Caltrans right-of-way. If, because of unforeseen design constraints, a Design Standard Decisions Document becomes necessary, then additional time and budget would be necessary for Hexagon to help prepare that document.
Meetings
The design team will participate in conference calls and virtual meetings with Caltrans staff, as necessary, during the design phase of the project. Our scope and budget for this task do not include attendance at any meetings at Caltrans headquarters in Oakland.
Storm Water and Water Pollution Control Plan
The anticipated site disturbance for this project is less than the amount that triggers the preparation of a SWPPP. An erosion and sediment control plan will be prepared as a plan sheet within the improvement plan set. Standard construction practice erosion and sediment control details and notes will be provided on this plan sheet.
7. Final Design (Bid Set Submittal)
100% PS&E
The design team will respond to and address plan check comments on the 95% design plans and produce final deliverables (100% construction documents) which will include PDFs and three (3) hard copies of the plan sheets.
Construction Schedule
The design team will coordinate with the City and affected utility companies to develop the construction schedule for the project.
Design Review Meeting
After completion of the 100% PS&E, Hexagon and RJA will attend one (1) meeting with City staff to discuss the construction documents and construction schedule.
8. Bid Support Services
Bid Support
We will provide support to the City during the bidding process to answer questions from prospective bidders related to the design and prepare addenda, as necessary. The design team will attend one (1) pre-bid meeting.
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Agenda Item No. 8.2 Agenda Packet Page No. 382 of 447
Proposal to the City of Gilroy for the First Street (SR152)/Kern Avenue Traffic Signal Design Project No. 24-RFP-PW-494 November 10, 2023
9. Construction Support Services
Internal Project Handoff Meeting
The design team will prepare a project summary and attend a meeting with City staff and the City’s construction manager to point out potential construction risks, scheduling issues, and other constraints that the construction manager should be aware of.
Construction Meetings and Field Reviews
Hexagon and RJA will attend one (1) pre-construction meeting with the design team, City staff, and contractor prior to the start of construction.
Hexagon and RJA will attend up to three (3) progress meetings with City staff during the construction phase. Additionally, we will make a limited number of field visits, as necessary, to assist in answering design-related questions during construction and to review pole locations before foundations are set.
Our scope and budget include Hexagon staff time to conduct up to three (3) site visits during construction to assist the City with design questions.
Our scope and budget do not include time and cost for performing construction inspection.
Material Submittals
We will review material submittals for general conformance with the design concept and general compliance with the plans and specifications.
Request for Information (RFIs)
We will provide the City with support during construction to respond to RFIs. Upon receipt of an RFI we will review and prepare written responses.
Proposed Changes
We will review proposed substitutions for conformance to the plans and specifications. We will review and make recommendations related to proposed changes to the contract.
Record Drawings
At the completion of construction, the design team will produce Record (“As-Built”) Drawings to document the construction and installation of the traffic signal system and intersection improvements designed in the plans. The as-built drawings will be based on redline comments on the plans to be provided by the contractor and/or the project inspector and on a cursory field review performed by Hexagon staff.
2. ProjectSchedule
Hexagon is committed to completing projects based on the scheduling needs of our clients.
Anticipated Schedule
Our anticipated project schedule is summarized below. This schedule assumes a project start date of mid-January 2024. Based on this schedule, we anticipate having bid documents ready to go by January 2025. Our schedule allows for up to four weeks of City review time at each submittal level. We have factored into our schedule 16 weeks of time for the Caltrans review and approval process, recognizing that we do not have any control over the pace at which Caltrans completes its reviews and how responsive Caltrans staff will be to requests for information, meetings, clarifications, etc. With the project being very straightforward, there is a potential to reduce City and Caltrans review times beyond P a g e | 11
Agenda Item No. 8.2 Agenda Packet Page No. 383 of 447
EXHIBIT “C”
MILESTONE SCHEDULE
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Agenda Item No. 8.2 Agenda Packet Page No. 384 of 447
Proposal to the City of Gilroy for the First Street (SR152)/Kern Avenue Traffic Signal Design Project No. 24-RFP-PW-494 November 10, 2023 the conservative estimates in our preliminary schedule, which may help shorten the overall project schedule.
Preliminary Project Schedule
2024 2025
Task Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. Jan. Feb. 1 Project Initiation
Kick-Off Meeting l
Review Background Information
Field Investigations
2 Preliminary Design and Analysis
Topographic Survey
35% PS&E
City Review of 35% PS&E
ICE Analysis
City Review of ICE Analysis
Meetings l l l l
3 Environmental Documentation
Draft CE Memorandum
City Review of CE Memorandum
Final CE Memorandum and NOE
4 Construction Documents
65% PS&E
City Review of 65% PS&E
Potholing
Review Front-End Specs.
95% PS&E
City Review of 95% PS&E
In-House Peer Review
Meetings l l l l
5 Coordination and Permitting with Other Agencies
Caltrans Submittal
Caltrans Review and Approval
6 Final Design (Bid Set Submittal)
100% PS&E
City Review of 100% PS&E
Meetings l l l
7 Bid Support
Project Ready to Bid
3. Key We have assembled a team of qualified, well-respecting professional consultants to provide the services StaffandOrganizationChart the City seeks. Brief statements of our team’s qualifications, as well as introductions of key staff members that will work on this project, are presented below.
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Agenda Item No. 8.2 Agenda Packet Page No. 385 of 447
EXHIBIT “D”
PAYMENT SCHEDULE
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Agenda Item No. 8.2 Agenda Packet Page No. 386 of 447
November 10, 2023
Ms. Carina Baksa
City of Gilroy
7351 Rosanna Street
Gilroy, California 95020
Re: Request for Proposals Engineering Services for First Street (SR 152)/Kern Avenue Traffic Signal Design Project No. 24-RFP-PW-494
Dear Ms. Baksa,
Thank you for considering Hexagon Transportation Consultants, Inc. for engineering consulting services associated with this Request for Proposals. This proposal includes a detailed fee breakdown associated with our Scope of Work proposal submitted under separate cover.
Please feel free to call if you have any questions or would like to discuss our proposal.
We appreciate the opportunity to submit this proposal for your consideration. Please do not hesitate to contact us if additional information is needed.
Sincerely,
HEXAGON TRANSPORTATION CONSULTANTS, INC.
Jeffrey Elia, P.E.
Vice President
Agenda Item No. 8.2 Agenda Packet Page No. 387 of 447
Ms. Carina Baksa
November 10, 2023
Fee Schedule
The total fee for completing the tasks outlined in our Scope of Work proposal will be based on applicable hourly labor rates as shown on the attached rate schedules and the direct cost of materials.
Hexagon’s cost for traffic engineering design services, project management, and bid and construction support services is a not-to-exceed amount of $100,000. RJA’s cost for surveying, potholing, civil engineering design, and bid and construction support is a not-to-exceed amount of $150,000. The fee for David J. Powers and Associates to provide environmental compliance services is $14,685. The total cost for services rendered under this agreement will be billed on a time-and-expenses basis, not to exceed $264,685. A detailed breakdown of our fee by project task and project team member is summarized in the table below.
Billings will be conducted monthly. Should additional services be required, they will be performed for an additional fee to be authorized in advance by the City of Gilroy.
Agenda Item No. 8.2 Agenda Packet Page No. 388 of 447
Ms. Carina Baska
November 10, 2023
Proposed Not-to-Exceed Budget
Hexagon Staff Hours Hexagon
Total
Sub-Consultants
Hexagon
Task Labor
Cost
Hexagon
Direct
Project
Grand
Totals
Principal Assoc. II Assoc. II Eng. II
TBD
Eng. I Admin
AL/JG
Task RJA
Fee
DJP&A
Task Description Fee
Project Management and
JE
18 3
ET TC
30 5
TBD Total
54 Cost /a/ Budget
1 2
3 4
5 6
7 8
9 0 0
1 0 6
0 0
0 0
0 0
0 0
$12,450
$2,120
$21,695
$1,075
$30,260
$10,210
$4,825
$2,735
$10,545
$0
$45
$12,450
$2,165
$8,500 $0 $20,950
$3,665
Administration
Project Initiation 0 0 9 $1,500
$47,000
$0
$0
Preliminary Design and Analysis $0
Environmental Documentation
Construction Documents
7 18
1 17
0 40
0 40
0 122
4 $1,273
$0
$22,968
$1,075
$69,968
$15,760
$93,678
$16,210
$15,950
$5,280
3 $14,685
11 $0
9 9 47
25 9
57 9
40 0
164
46 $1,418
$0
$31,678
$10,210
$5,950
$62,000
$6,000
$10,000
$2,500
$12,500
Coordinating and Permitting
with Other Agencies/Entities 3 $0
Final Design (Bid Set Submittal)
Bid Support Services
4 1 9 0 23 $1,125
$45
$0
4 0 5 3 0 12 $2,780 $0
Design Support During
Construction 15 0 21 10 0 46 $180 $10,725 $0 $23,225
Project Totals 74 32 159 129 80 6 480 $95,915 $4,085 $100,000 $150,000 $14,685 $264,685 /a/ Direct costs are associated with data collection, document production costs, and mileage.
Agenda Item No. 8.2 Agenda Packet Page No. 389 of 447
Ms. Carina Baska
November 10, 2023
Hexagon 2024 Billing Rates
Professional Classification
President
Rate per Hour
$335
Principal $290
Senior Associate II
Senior Associate I
Associate II
$270
$250
$225
Associate I $200
Planner/Engineer II
Planner/Engineer I
Assistant Planner/Engineer
Admin/Graphics
Technician
$170
$140
$115
$120
$85
Direct expenses are billed at actual costs, with the exception of mileage, which is reimbursed at the current rate per mile set by the IRS.
Billing rates shown are effective January 1, 2024 and subject to change January 1, 2025.
Agenda Item No. 8.2 Agenda Packet Page No. 390 of 447
Ms. Carina Baksa
November 10, 2023
E N G I N E E R S P L A N N E R S S U R V E Y O R S
RATE AND EXPENSE SCHEDULES
(Effective through June 30, 2024)
HOURLY RATE SCHEDULE FOR PROFESSIONAL SERVICES
Classification Rate
Senior Project Manager.......................................................................................................................$279.00 Project Manager....................................................................................................................................264.00 Senior: Engineer, Surveyor, Planner.....................................................................................................251.00 Associate: Engineer, Surveyor, Planner................................................................................................234.00 Engineer, Surveyor, Planner .................................................................................................................217.00 Assistant: Engineer, Surveyor, Planner.................................................................................................188.00 Senior Designer/Technician..................................................................................................................184.00 Technician.............................................................................................................................................163.00 Assistant Technician .............................................................................................................................141.00 Project Coordinator...............................................................................................................................125.00 Administrative Assistant.......................................................................................................................107.00 Clerical ...................................................................................................................................................81.00 Field Survey Manager...........................................................................................................................232.00 1-Person Survey Crew ..........................................................................................................................214.00 2-Person Survey Crew ..........................................................................................................................328.00 3-Person Survey Crew ..........................................................................................................................395.00 Principal................................................................................................................................................295.00 Deposition/Court Appearance........................................................................rates are available upon request
EXPENSE SCHEDULE
Bond Copy (24"x36") ................................................................................................................... $1.50 each Color/mylar plot (small, medium).................................................................................................$10.00 each Color/mylar plot (large) ................................................................................................................$50.00 each Xerox copy......................................................................................................................................$0.15 each Color xerox copy (8½ x 11 or 11 x 17)...........................................................................................$0.50 each Client-Requested Overtime.......................................................................................... Hourly Rate plus 25% All other expenses, including:
Delivery Service
Actual Cost plus 15%
Travel & Expenses
Outside Reproduction
Mileage - Auto
Filing or Permit Fees
Conference Call Expenses
Outside Consultants
G:\Admin\FORMS\Rate Schedules\2024 rate schedule.doc
4690 CHABOT DRIVE, SUITE 200, PLEASANTON, CA 94588 T: (925) 227-9100 / F: (925) 227-9300 / www.rja-gps.com Agenda Item No. 8.2 Agenda Packet Page No. 391 of 447
Ms. Carina Baksa
November 10, 2023
CHARGE RATE SCHEDULE1
Title Hourly Rate
$ 330.00
$ 304.00
$ 258.00
$ 237.00
$ 221.00
$ 211.00
$ 185.00
$ 155.00
$ 134.00
$ 124.00
Senior Principal
Principal Project Manager
Senior Environmental Specialist
Senior Project Manager
Environmental Specialist
Project Manager
Associate Project Manager
Assistant Project Manager
Researcher
Graphic Artist
Materials, outside services and subconsultants include a 15% administration fee.
Mileage will be charged per the current IRS standard mileage rate at the time costs occur. 1 David J. Powers & Associates, Inc. (DJP&A) provides regular, clear, and accurate invoices, in accordance with normal company billing procedures. The cost estimate prepared for this project does not include special accounting or bookkeeping procedures, nor does it include preparation of extraordinary or unique statements or invoices. If a special invoice or accounting process is requested, the service can be provided on a time and materials basis. Any fees charged to DJP&A for Client’s third-party services related to invoicing, insurance certificate maintenance, or other administrative functions will be billed as a reimbursable expense.
Agenda Item No. 8.2 Agenda Packet Page No. 392 of 447
8.3. Award a Contract to HydroScience Engineers, Inc. for the Design of Water Utility Improvements Project No. 24-RFP-PW-497 in the amount of $842,790, Approve a Project Contingency of $126,419, and Approve a Total Project Expenditure of $969,209 for Design Services
1. Staff Report:
2. Public Comment
3. Possible Action:
Adopt a resolution of the City Council of the City of Gilroy to increase the Fiscal Year 2023-2024 (FY24) and decrease the 2024-2025 (FY25) budget by $605,038 in the Water Fund (Fund 705); and
Award a contract to HydroScience Engineers, Inc. in the amount of $842,790 and approve a project contingency of $126,419 for a total project expenditure of $969,209 for the design and preparation of bid documents for Water Utility Improvements Project No. 24-RFP-PW-497 and authorize the City Administrator to execute the contract and associated documents.
Agenda Item No. 8.3 Agenda Packet Page No. 393 of 447
City of Gilroy
STAFF REPORT
Agenda Item Title: Award a Contract to HydroScience Engineers, Inc. for the Design of Water Utility Improvements Project No.
24-RFP-PW-497 in the amount of $842,790, Approve a
Project Contingency of $126,419, and Approve a Total
Project Expenditure of $969,209 for Design Services
Meeting Date: February 5, 2024
From: Jimmy Forbis, City Administrator
Department: Public Works
Submitted By: Karl Bjarke, Interim Public Works Director Prepared By: Julie Oates, Engineer II
STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure
RECOMMENDATION
a) Adopt a resolution of the City Council of the City of Gilroy to increase the Fiscal Year 2023-2024 (FY24) and decrease the 2024-2025 (FY25) budget by $605,038 in the Water Fund (Fund 705); and
b) Award a contract to HydroScience Engineers, Inc. in the amount of $842,790 and approve a project contingency of $126,419 for a total project expenditure of $969,209 for the design and preparation of bid documents for Water Utility Improvements Project No. 24-RFP-PW-497 and authorize the City Administrator to execute the contract and associated documents.
EXECUTIVE SUMMARY
The Water Utility Improvements Project No. 24-RFP-PW-497 (Project) includes the design and preparation of bid documents for six individual water utility projects. These projects are included in the Fiscal Year 2024-2028 Capital Improvement Program (CIP), adopted by the City Council on June 5, 2023. The proposed not-to-exceed contract amount is $842,790. Staff requests authorization for an additional $126,419 for contingency, for a total project expenditure of $969,209 for design services. Staff Agenda Item No. 8.3 Agenda Packet Page No. 394 of 447
Award a Contract to HydroScience Engineers, Inc. for the Design of Water Utility Improvements Project No. 24-RFP-PW-497 in the amount of $842,790, Approve a Project Contingency of $126,419, and Approve a Total Project Expenditure of $969,209 for Design Services City of Gilroy City Council Page 2 of 3 February 5, 2024 recommends the City Council award a contract to HydroScience, of San Jose, CA, to design and prepare the bid documents for the Project.
BACKGROUND
The Project includes the design and preparation of bid documents for the following six individual water utility projects. These projects are included in the Fiscal Year 2024- 2028 Capital Improvement Program (CIP), adopted by the City Council on June 5, 2023.
1. Casey and Swanston Water Line Replacement (800250)
2. Broadway and Sargent Water Line Replacement (800590)
3. Church and Gurries Water Line Replacement (800600)
4. Church Street – Welburn to First Water Line Replacement (800610)
5. Murray at Burke Water Line Reroute (800660)
6. Monterey – Leavesley to Ronan Water Line Replacement (800890) These water lines have reached the end of their useful life and require replacement or upgrades to avoid pipe failures, reduce water leaks and staff repair time, increase capacity, or improve fire flow pressure to nearby commercial land uses. Some of these individual projects are relatively small. These six projects have been bundled together to provide time and cost savings in the design and in the future construction of the improvements.
The scopes of work for the six individual water utility projects include various combinations of the following improvements:
• Replacing deteriorating cast iron pipes with ductile iron pipes • Upgrading service laterals
• Replacing associated valves and fire hydrants
• Upgrading water lines to ensure adequate water pressure for fire protection • Abandoning existing water lines
• Reconnecting service laterals
• Pavement restoration
ANALYSIS
On December 15, 2023, a Request for Proposals (RFP) was issued to the eight consultants on the City’s prequalified list of design consultants (from a previous Request for Qualifications) for the design of utility infrastructure improvements.
Agenda Item No. 8.3 Agenda Packet Page No. 395 of 447
Award a Contract to HydroScience Engineers, Inc. for the Design of Water Utility Improvements Project No. 24-RFP-PW-497 in the amount of $842,790, Approve a Project Contingency of $126,419, and Approve a Total Project Expenditure of $969,209 for Design Services City of Gilroy City Council Page 3 of 3 February 5, 2024 The City received three proposals from the following consultant teams:
1. Bellecci & Associates
2. HydroScience Engineers, Inc.
3. Ruggeri-Jensen-Azar
The proposals were evaluated by a scoring committee and ranked per the criteria identified in the RFP. HydroScience was ranked the highest and was selected based on their local knowledge, experience, project understanding, and project approach.
ALTERNATIVES
The alternative to the staff recommendation is not to award the contract. Staff does not recommend this option because it would delay the design and ultimately the construction of the water utility improvements.
FISCAL IMPACT/FUNDING SOURCE
The proposed cost for the design services is $842,790. Staff recommends a contingency of $126,419 to address any unanticipated changes or requests from outside agencies. Therefore, the total expenditure allocation request is $969,209.
The Project will be funded by the Water Fund (705). Two of the six individual projects are included in the FY24 budget. The remaining four projects are included in the FY25 budget. Staff recommends the City Council adopt a resolution to increase the FY24 and reduce the FY25 budget by $605,038 in the Water Fund (705) to fully fund the design and preparation of bid documents for the Project in FY24.
PUBLIC OUTREACH
There is no public outreach planned during the design phase of the project. Appropriate public outreach will be conducted for the construction phase of the project.
NEXT STEPS
If Council approves the proposed contract with HydroScience Engineers, Inc., staff will direct the consultant to begin the design process. Final design and bid documents are anticipated to be completed in March 2025. Bidding and construction would begin soon after the design and bid documents are completed.
Attachments:
1. Draft Resolution
2. HydroScience - Agreement
Agenda Item No. 8.3 Agenda Packet Page No. 396 of 447
RESOLUTION 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING THE BUDGET FOR THE CITY OF
GILROY FOR 2023-2024 AND APPROPRIATING
PROPOSED EXPENDITURE AMENDMENTS
WHEREAS, the City Administrator prepared and submitted to the City Council a budget for the City of Gilroy for Fiscal Years 2023-2024 and 2024-2025, and the City Council carefully examined, considered, and adopted the same on June 5, 2023; and WHEREAS, City Staff has prepared and submitted to the City Council proposed amendments to said budget for Fiscal Year 2023-2024 for the City of Gilroy in the staff report dated February 5, 2024, for the Design of Water Utility Improvements, City Project No. 24-RFP-PW-497.
NOW, THEREFORE, BE IT RESOLVED THAT the appropriations for Fiscal Year 2023-2024 for Water Fund 705 shall be increased by $605,038 and decreased for Fiscal Year 2024-2025 in the equal amount.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 5th day of February 2024 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
Agenda Item No. 8.3 Agenda Packet Page No. 397 of 447
AGREEMENT FOR SERVICES
(For design professional contracts over $5,000)
This AGREEMENT made this 5th day of February, 2024 between:
CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California
and CONSULTANT: HydroScience Engineers, Inc., having a principal place of business at 90 E. Taylor St, Suite 200, San Jose, CA 95112.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on February 26, 2024 and will continue in effect through December 31, 2026 unless terminated in accordance with the provisions of Article 7 of this Agreement.
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes.
CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement.
ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT
A. Specific Services
CONSULTANT agrees to: perform the services as outlined in Exhibit “A” (“Specific Provisions”) and Exhibit “B” (“Scope of Services”) within the time periods described in and 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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Agenda Item No. 8.3 Agenda Packet Page No. 398 of 447
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”. In no event however shall the total compensation paid to CONSULTANT exceed $842,790.
B.
CONSULTANT shall submit invoices for all services rendered.
C. Payment
Invoices
Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties.
D. Expenses
CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT’S costs of doing business. CITY shall not be responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” 4845-6718-3385v1
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Agenda Item No. 8.3 Agenda Packet Page No. 399 of 447
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 attorneys’ fees, arising out of any injury, disability, or death of any of CONSULTANT’S employees.
C. Indemnification of Liability, Duty to Defend
1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property.
D. Insurance
In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum 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 4845-6718-3385v1
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Agenda Item No. 8.3 Agenda Packet Page No. 400 of 447
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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G. Prevailing Wage
CONTSULTANT agrees and acknowledges that it is its obligation to determine whether, and to what extent, any work performed is or any workers employed relative to any construction to be performed under this Agreement are subject to any Codes, Ordinances, Resolutions, Rules and other Regulations and established policies of CITY and the laws of the State of California and the United States, including, without limitation, the California Labor Code and Public Contract Code relating to public contracting and prevailing wage requirements (“Prevailing Wage Laws”). To the extent Prevailing Wage Laws apply to work performed or workers employed for the purpose of performing work under this Agreement, CONTSULTANT shall fully comply with and ensure that all workers and/or subcontractors are informed of and comply with all Prevailing Wage Laws and specifically any applicable requirement of California Labor Code Sections 1720 et seq. and 1770 et seq. and the regulations thereunder, which require the payment of prevailing wage rates based on labor classification, as determined by the State of California, and the performance of other requirements on certain “public works” or “maintenance” projects. It is the duty of CONTRACTOR to post a copy of applicable prevailing wages at the job site. Prevailing wage information may be obtained at www.dir.ca.gov.
No CONSULTANT or Subconsultant may be awarded an Agreement containing Public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code 1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
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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.I., 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 satisfactorily completed 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 may have, CONSULTANT shall reimburse 4845-6718-3385v1
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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 use due professional care to 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 attorneys’ fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either.
C. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable 4845-6718-3385v1
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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. 4845-6718-3385v1
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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.I. but each party may change the address by written notice in accordance with this paragraph.
Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing.
J. Partial Invalidity
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
K.
All dates and times referred to in this Agreement are of the essence.
L. Waiver
Time of the Essence
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:
HYDROSCIENCE ENGINEERS, INC. CITY OF GILROY
By: By:
Name
Title: Principal
Name: Jimmy Forbis
Title: City Administrator
Social Security or Taxpayer
Identification Number 94328891
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 Robert Le, PE, 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 satisfactorily complete the Services required herein.
II.
A.
NOTICE TO PROCEED/COMPLETION OF SERVICE
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, Jorge Duran, PE 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.I. (“Notices”) of this Exhibit “A”.
B. COMPLETION OF SERVICES
When CITY determines that CONSULTANT has satisfactorily completed all of the Services, 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 satisfactorily completed all of the Services and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not satisfactorily completed all of such Services, 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. 4845-6718-3385v1
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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. CONSULTANT’S SERVICES TO BE APPROVED BY A REGISTERED
PROFESSIONAL ENGINEER
All civil (including structural and geotechnical) engineering plans, calculations, specifications and reports shall be prepared by, or under the responsible charge of, a licensed civil engineer and shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as “preliminary” or “for review only.” All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal of the licensee and the date of signing and sealing or stamping.
All final civil engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping.
B. 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.
C. 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. 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 4845-6718-3385v1
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law for all damages to CITY caused by CONSULTANT’S negligent performance of any of the services furnished under this Agreement.
D. 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.
E. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT’S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY.
F. 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.
G. 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.E of this Exhibit “A”.
CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. 4845-6718-3385v1
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H. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.
I. NOTICES.
Notices are to be sent as follows:
CITY: Jorge Duran, PE
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Robert Le, PE
HydroScience Engineers, Inc.
90 E. Taylor St, Suite 200
San Jose, CA 95112
J. 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.J. 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.J. 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
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January 12, 2024
Carina Baksa – [email protected]
Julie Oates – [email protected]
HydroScience Engineers, Inc.
90 E. Taylor Street, Suite 200
San Jose, CA 95112
SUBJECT: Proposal for Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
Dear Ms. Baksa and Ms. Oates,
HydroScience has been designing water system infrastructure in Northern California since our incorporation in 1997. Our proposal presents a unified team of experts who are uniquely qualified to meet the City of Gilroy’s performance, schedule, and budget expectations. The specific benefits of the Hydroscience team include:
Extensive experience in pipeline design. Nearly all of HydroScience’s design projects include some sort of pipeline design upgrades or rehabilitation. Our potable water pipeline designs have ranged from 4 to 54 inches in diameter and have included all types of trenchless construction, Caltrans and railroad agency permitting, and difficult crossings. We have prepared numerous plans and specifications for projects with objectives similar to the City’s, as described in our proposal.
An in-depth understanding of applicable regulations and permitting agencies. We are very familiar with the Waterworks Standards that govern the design criteria for public water systems. I was significantly involved in the development of these standards, and this familiarity will ultimately save the City time and money. In addition, we have obtained numerous permits from Caltrans for various infrastructure projects, including the First Street Waterline Improvements for the City of Gilroy.
A focus on operations and maintenance. Key staff members hold water treatment and distribution operator certifications. Our O&M experience helps us prepare and review drawings with long-term operations and maintenance in mind. The facilities we design are easy and affordable to operate and maintain. In some cases, we have developed solutions that provide operators with greater flexibility than the utility originally proposed.
We look forward to working on this project and continuing our relationship with City staff. We take no exception to the Agreement for Professional Services attached to the RFP. We will not substitute out any personnel identified in this proposal, and we intend to complete this work on an accelerated schedule.
Should you have any questions about our proposal, please feel free to contact me at (408) 595-9019 or at [email protected].
Very truly yours,
HydroScience Engineers, Inc.
Mary Hoang, P.E.
Principal
HydroScience Engineers 1
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1 PROJECT UNDERSTANDING
The City of Gilroy (City) is seeking professional
design services for six water utility improvement
projects to address existing deficiencies and meet
current and future water demands. Five of the six
projects will replace small diameter distribution
pipelines with upsized ductile iron pipelines meeting
the requirements of the City’s pipeline technical
specifications. Specific project details are presented
below.
• Project 800890 – Monterey – Leavesley to
Ronan Water Line Replacement: This project
would replace approximately 2,450 LF of 4-inch
CIP with 12-inch DIP. The pipeline replacement
is required due to both the condition and small
diameter of the existing 4-inch pipeline, which
connects to 12-inch pipelines.
All of the projects would be constructed to comply
with the City’s current technical specifications
and water system standards. These specifications
include pipeline construction per AWWA C104/
ANSI A 21.4 with asphaltic coating per AWWA C151.
Services would also be relocated from the existing
pipeline to the new pipelines and reconstructed per
the City Standard Details. New valves, hydrants, and
fittings as required would be constructed, and the
existing pipeline would be abandoned in place.
• Project 800250 – Casey and Swanston Water
Line Replacement: This project will replace
approximately 2,400 LF of 4 and 6-inch CIP
with 10-inch DIP. This line has experienced
numerous leaks and has reached the end of its
useful life. The upsizing will increase fire flow. It
is desired to have the pavement on Casey Lane
be fully reconstructed, while Swanston Lane was
identified for a grind and overlay.
• Project 800590 – Broadway and Sargent Water
Line Replacement: This project will replace
approximately 1,500 LF of 4 and 6-inch pipeline
with 8-inch pipeline to increase fire flow.
The RFP states that where the road above the water
pipelines is in poor condition, the design scope will
include repaving the entire road within the project
limits. The Casey and Swanston Water Line project
specifically identifies the roadway as being in failed
to poor condition. HydroScience will work with the
City to identify which road segments may require
full reconstruction or grind and overlay during the
field assessment and utility locating work, which
will occur during the 35% submittal phase. During
a site walk, we expect that the pavement condition
will be visually assessed, documented, and options
discussed with the City. HydroScience will work
with the City to include pavement restoration in
the scope of work for subsequent submittals as
appropriate. The survey work performed at the
project outset will collect enough information
to allow HydroScience to design pavement
• Project 800600 – Church and Gurries Water
Line Replacement: This project will upgrade
approximately 400 LF of 4-inch pipeline to 6-inch
to increase fire flow.
• Project 800610 – Church Street – Welburn to
First Water Line Replacement: This project would
upgrade approximately 2,000 LF of 6-inch CIP to
8-inch DIP. This existing pipeline has experienced
a large number of failures, and replacement
would increase system reliability.
• Project 800660 – Murray at Burke Water Line
Reroute: Murray Avenue has parallel 4 and
12-inch pipelines. This project would abandon
the 4-inch pipeline, relocate approximately 12
services to the 12-inch pipeline, and interconnect
the 12-inch pipeline to a 6-inch pipeline on Burke
Drive. The relocation of the services will increase
system pressures and fire flow, while facilitating
new construction.
improvements as part of the water project for any
work included in the design scope and fee.
HydroScience Engineers 2
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City of Gilroy Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497 Design Approach is to confirm that the upsized pipelines meet the City’s long-term objectives. This verification will be
performed quickly and efficiently by our team of
in-house modeling experts.
This $12.3M project will result in the replacement of
approximately 8,750 LF of pipeline at six different
locations in the City. HydroScience regularly assists
clients throughout Northern California to implement
these same types of projects. Based on our project
understanding and experience executing similar
projects, we have pinpointed several key elements
worthy of discussion.
Geotechnical. HydroScience proposes a
stepwise approach for conducting a geotechnical
investigation. HydroScience’s geotechnical
subconsultant, Geo-Logic, will first review available
geotechnical information in the area to characterize
the soil conditions anticipated to be encountered
and develop a tailored investigation scope. The
requirements for geotechnical engineering will
depend on the method of pipeline construction,
whether pavement reconstruction may be required,
the depth to groundwater, and the permitting
requirements of external agencies, all of which will
be clarified during the 35% submittal stage.
Records Review. At the project outset, we will
gather and review City as-built drawings and existing
CCTV inspection records to identify the existing
improvements and help define the existing utility
occupation in the area. This will help us decide
which facilities need to be replaced, the locations of
services, valves, and hydrants, and how and where
to make utility connections.
Geo-Logic will collect and analyze available
geotechnical data and drill bore holes at a
frequency and depth that is suitable for the project
components. Samples that are collected will be
analyzed and tested, and the outcome of the work
will be documented in a Geotechnical Design
Report. Geo-Logic will also test the soil borings to
confirm what type of landfill the soil can be disposed
to.
Utility Occupation. At the project outset,
HydroScience will contact all known utility providers
in the area to obtain their maps. These will be
plotted on the base maps, and their locations will be
adjusted based on surveyed manhole, valve, and
vault locations. During the 65% Submittal phase,
critical crossing and parallel utilities will be potholed to confirm their true location and depth. Potholing
will be performed by BESS Testlab, who have
worked with HydroScience in a similar capacity for
dozens of past projects. Finally, HydroScience will
perform a field inspection to confirm valves, vaults,
trench cuts, USA marks, power drops, and other
surface evidence.
CEQA Compliance. David J. Powers and
Associates (DJP&A) will work with the City to
determine if the projects are statutorily exempt
under CEQA Guidelines Section 15282, which
includes exemptions for installing new pipelines
or maintenance, repair, restoration, removal, or
demolition of existing pipelines. If the projects are
not statutorily exempt, DJP&A will work with the City
to determine if the projects qualify for a Categorical
Exemption (CE). Examples of these projects include
the replacement and reconstruction of utilities
involving negligible or no capacity expansion.
Documentation of a CE includes preparing an
Archaeological Sensitivity Assessment to determine
the sensitivity of the project area for Native
American or historic era archaeological resources.
If it is determined that none of the exceptions apply,
DJP&A will prepare and file the Notice of Exemption
(NOE).
Confirm Design Criteria. The City’s 2023 Water
System Master Plan identified minimum pressures
during max day and peak hour, minimum pressure
for new development, maximum velocities, as
well as fire flow and pressure requirements for
different types of land use. During the 35% Submittal
phase, HydroScience will review the Infowater
hydraulic model prepared for the Master Plan,
include the pipeline upsizing at each of the six
locations, and confirm that the proposed pipeline
upsizing approach is appropriate to meet the City’s
pressure and fire flow modeling criteria. The intent
HydroScience Engineers 3
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City of Gilroy Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497 Once confirmed by the City that the project is will be equipped with new service connections that have been pressure tested, disinfected, and
tested negative for total coliform before existing
service laterals are disconnected and the meter
is reconnected to the new service. The existing
alignment would then be abandoned in place
after successful transition to the new pipeline.
statutorily or categorically exempt, DJP&A will
prepare a draft NOE per Section 15062 of the CEQA
Guidelines and submit the NOE to City staff for one
round of review. Upon project approval, DJP&A will
file the NOE at the State Clearinghouse and Santa
Clara County Clerk’s office. The NOE will not require
circulation to the public. Filing the NOE will begin the Other operational considerations may include 35-day statute of limitations on legal challenges to
the City’s decision that the project is exempt.
additional valves or service relocation for better
accessibility. Operational features will be developed
in consultation with City staff.
Stakeholder Coordination. Key stakeholders for
this project include residents, St. Mary’s School, and
businesses on Monterey Highway, Church Street,
Swanston Lane, and Casey Lane. HydroScience
will review existing conditions for these locations
during a site walk, and evaluate facilitating the
operation of these services during construction, and
the sequencing of work to minimize downtime for
each location. The contract documents will identify
allowable work hours and maximum amount of time
that access to any property can be interrupted.
Requirements for critical facilities (for example,
maintaining at least one access to businesses at all
times) will be specified on the drawings.
Traffic control. Traffic control measures will be
prepared by HydroScience to allow for a sequence
of work with typical MUTCD traffic control measures
in place, with the Contractor being ultimately
responsible for submitting their traffic control plan to the City for approval prior to beginning work in the
public right-of-way.
We will locate the pipelines to comply with the
Waterworks separation standards while also
minimizing traffic impacts. The intent would be to
only have to close one lane or shoulder, and to not
locate the pipeline where it would require multiple
lane shutdowns for construction or long-term
operations and maintenance. Work hours will also be
identified for lane closures and specific traffic control measures.
Minimizing Water Service Interruptions.
HydroScience will design the facilities in such a way
as to minimize downtime during construction and
enhance system operability. During the hydraulic
modeling analysis, HydroScience will evaluate
water main valves that can potentially be isolated
for construction. We will use the model to determine
distribution system impacts. We will provide the City
with a map depicting closed valves and impacted
hydrants so that City staff can exercise the valves to
ensure proper closure prior to construction. If mains
need to be jumped to maintain service, City staff will
know which hydrants can be used.
Operations and Maintenance. HydroScience’s
operations and maintenance expertise will be a key
benefit to the City. Isolation valves, blow-offs, air
relief valves, hydrants, meters, and sampling stations
will be included in our design with consideration
for accessibility, safety, and reliability. As part of our utility investigation, we will walk the alignment with
City staff to identify appurtenances to include in the
replacement, and discuss optimum placement of
those appurtenances to facilitate operations and
future maintenance. We will document the conditions
of the facilities and take note of areas that may
impact property owners.
In addition, the design may specify installation
of the replacement pipeline in parallel with the
existing alignment and hot tapping to connecting
mains if adequate isolation valves are available
on the connecting main. The parallel pipeline
HydroScience Engineers 4
Agenda Item No. 8.3 Agenda Packet Page No. 415 of 447
City of Gilroy Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497 Caltrans Coordination. A review of the right-of-way • Submit plans and specifications to Caltrans that are thorough, complete, and fully compliant with
Caltrans standards.
mapping from the Caltrans D4 ArcGIS site shows
that Leavesley Road and First Street (Road 152) are
Caltrans right-of-way. The following projects will
require Caltrans permitting as a result:
• Maintain frequent contact throughout the Caltrans
review process to make sure the review is
on-track and answer any questions along the way. • Church and Gurries (at First Street) • Monterey Highway (at Leavesley)
• Swanston Lane (at Leavesley)
Project Management. As project manager, Robert
Le will be responsible for managing work efforts
for HydroScience and our subconsultants. Robert’s
responsibilities will start with making sure that
the City’s interests are always paramount in our
efforts, that the City is regularly informed of key
project issues and our progress, and that our work
is being completed in accordance with the City’s
expectations, budget, and schedule.
HydroScience will take an “early and often”
approach to managing the schedule and cost risks
associated with Caltrans coordination to avoid
unforeseen issues. A key Caltrans concern is the
potential for subsidence. While Caltrans typically
specifies a fixed review period for encroachment
permit applications, this duration can grow
significantly if Caltrans believes the subsidence
risk is significant enough to warrant review by their
geotechnical division. We will work with Geo-Logic
to address these concerns.
This work will start with Robert leading the project
kickoff meeting and progress review meetings. We
will be meticulous in preparing action item logs,
meeting agendas, and minutes. We will document
our progress and inform the City monthly regarding
our progress on key tasks. At the project outset, we
will complete a Project Management Plan (PMP).
This PMP will identify key project objectives, project
schedule and budget, QA/QC activities, and lines of
communication within HydroScience’s team and with
the City. This will be shared with the project team at
the kickoff meeting, so that all team members work
in concert from the very beginning of the project.
Our approach to preparing plans and specifications
that meet the City’s objects and that Caltrans can
comfortably approve is summarized as follows:
• Incorporate the latest Caltrans standard
specifications and details into the contract
documents. These must be followed exactly to
gain Caltrans approval. We may be required to
specify overgrinding of the trench lift, installation
of fabric between backfill lifts, etc. The trench
overgrinding may trigger additional traffic control
and restriping work.
Crucially, HydroScience has a deep bench of
personnel with the type of experience required to
execute this project. We have the resources and
flexibility to add or replace personnel to accelerate
project schedule, and add more resources. Such
decisions would be made in consultation with Mary
Hoang, our Principal-in-Charge for this project and
your secondary point of contact.
• Identify the lead Caltrans contact for the project
areas. HydroScience will contact this person
early to outline the scope of the project and get
on the same page with respect to requirements,
anticipated concerns, and optimal timelines.
• Develop a design that minimizes subsidence risk.
Minimize pipe depth and maintain clearances
from other utilities and surface features.
HydroScience Engineers 5
Agenda Item No. 8.3 Agenda Packet Page No. 416 of 447
City of Gilroy Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497 Scope of Work A peer review of the plans will occur at the 95% stage. This peer review will be performed by
Eric Petrel, who has over 36 years of experience
designing pipelines all over California. Eric will
review the plans and prepare the Certification
of Peer Review on HydroScience Letterhead for
submittal with the 95% Submittal.
HydroScience intends to design the six projects as
one set of Contract Documents, but structure the
scope and fee in a manner that allows the costs for
the different locations to be individually tracked.
The following tasks generally apply to each project,
except where noted.
Deliverables • Task 1 – Project Management
• Project schedule in Gantt chart format (Microsoft
• Task 2 – Preliminary Engineering
• Task 3 – Detailed Design/Bid Package
Project)
• Monthly progress reports included with each
invoice
• Response to comments (PDF/Excel)
• Peer Review Submittal (PDF)
• Task 4 – Engineering Services During the Bidding
Phase
• Task 5 – Construction Engineering Support
Services • Meeting agendas and minutes (PDF)
Task 2 – Preliminary Engineering. Under this task,
HydroScience will gather and evaluate existing
design documents for the existing infrastructure,
including but not limited to: easements, design
documents, AutoCAD files, City as-builts/record
drawings, and available utility maps. Details of this
task include the following.
Task 1 – Project Management. HydroScience
will prepare for, coordinate, and facilitate one
kickoff meeting with the City. During the kickoff
meeting, HydroScience will confirm the scope of
work, schedule, budget, and availability of project
documents and electronic files; review project
goals, priorities, and conceptual design requests;
review unique project features, discuss format of
deliverables; review regulatory items, approval
processes, and administrative procedures; and
clarify responsibilities of each party.
Site Walk. HydroScience will conduct an initial
walkthrough along the project sites to determine
the accuracy of existing connection points identified
from existing documents, document the existing
visible infrastructure, and note where existing
road pavement within Project limits is in poor
condition. Locations of existing valves, services,
and appurtenances will be noted, and potential
alignments for the replacement pipeline identified.
A Request for Information (RFI) will be prepared
and submitted to the City to verify if replacement of
infrastructure is desired and should be added to the
Project scope.
HydroScience will provide general project
management activities, including team coordination,
project budget tracking and reporting, managing
subconsultants, invoicing, and maintaining the
project schedule. The project schedule will identify
tasks, subtasks, design development milestones,
critical path designation, and progress meetings.
HydroScience will prepare for, coordinate, and
facilitate the design review workshops at the 35%,
65%, 95%, and Bid Package level of design. The
intent of the workshops is to help facilitate the
City’s review of the design progress. Following the
workshops, City will provide a set of consolidated
review comments to HydroScience. HydroScience
will maintain a tracking log of comments and
outstanding items, which will be returned to the City
with responses/action taken.
Topographic field survey/Record Boundary
Mapping. Our subconsultant, HMH, will provide
topographic surveying and mapping to support the
design of the Project. After setting up survey control
for the projects, HMH will perform field topographic
surveying to obtain the following information for the
project extents and up to 300 feet beyond:
HydroScience Engineers 6
Agenda Item No. 8.3 Agenda Packet Page No. 417 of 447
City of Gilroy Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497 • Location, rim, invert, pipe size, and direction of BESS Testlab will perform up to 10 utility potholes using air-vacuum excavation methods at locations
specified by HydroScience within the Project limits.
Potholing will be performed to identify the precise
horizontal and vertical position of existing utilities
that need to be located to complete the pipeline
design. Data collected as a result of potholing
activities will be presented in a report that will
include utility type, size, material, depth and pictures of the exposed utility. Pothole locations (in the field) will be marked with wooden lath and ribbon, with the
pothole number, utility size and depth or MAG nail
with pertinent utility data annotated on the ground
surface.
flow of accessible SSMH, SDMH, and drop inlets.
• Surface features from back of walk to back of
walk, including utility vaults, boxes, hydrants, and
valves.
• Water valves will be located and the rim and top
of nut surveyed to determine depth to top of pipe.
• Street monuments and trees.
• USA marked utilities.
The information will be used to develop a 3D TIN
surface with contours. This topographic survey will
form the basis for the work associated with Task 3.
A Record Boundary Survey will also be prepared
by HMH. Using Assessor’s Parcel Maps, recorded
maps, and publicly available maps from the County
of Santa Clara, HMH will prepare the record
boundary survey showing the right-of-way lines
and property lines shown on County records.
Title reports are not expected to be required, and
information on Title Reports will be included if
provided by the City.
Potholing will require a Road Encroachment Permit
from the City, which is assumed to be provided for
no cost to BESS Testlab. Once the utility data has
been collected the pothole will be restored per City
standard details. BESS will prepare a Traffic Control
Plan that is stamped and signed by a P.E. or T.E. for
the potholing work.
Geotechnical. This is an optional task based
on the ultimate needs of the project and the
Utility Locating. HydroScience will send utility recommendations of the City. research/as-built plans request letters to local utility companies that may have facilities within the project
limits. A map of the approximate utility locations
(including underground utilities) will be created
based on data provided by the utility companies
and surface utility features as identified during the
topographic survey. When the existing data allows,
the drawing will indicate utility type, diameter,
material, approximate cover, and the horizontal
location of the utility. HydroScience will review
utility information provided by the City and other
utility providers. If information provided by the utility providers does not match information collected
during the site walk and information in the previous
design drawings, HydroScience will identify potential
candidates for utility potholing.
Geo-Logic will perform a geotechnical study for the
project sites. The geotechnical study will include
subsurface exploration at selected locations,
performing engineering analysis of data, developing
geotechnical recommendations for the project
design, and analytical testing of selected soil
samples (up to 10) that may be disposed during
construction for hazardous material. The analytical
testing will include testing for CAM 17 metals, total
hydrocarbons, VOC (8260B), and pesticides.
Geo-Logic will perform a site reconnaissance to
observe surface site conditions, plan and perform
up to 18 exploratory borings by means of a tract
or truck-mounted drilling rig to a depth of 10 feet
below ground surface, prepare traffic control plans,
and obtain an encroachment permit from the City
for planned borings. Soil sampling and penetration
testing will be performed at about 5-foot intervals.
Laboratory testing of soil samples will include natural Potholing. This is an optional task based on
the ultimate needs of the project and the
recommendations of the City.
HydroScience Engineers 7
Agenda Item No. 8.3 Agenda Packet Page No. 418 of 447
City of Gilroy Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497 moisture content and unit weight, Atterberg Limits, Deliverables unconfined compressive strength, percent passing
a No. 200 sieve, and sieve analysis. Borings will
be backfilled with cement grout, and in existing
pavement areas the borings will be capped at the
top with cold-patch asphalt or cement with black
dye.
• Geotechnical Investigation (Draft and Final) –
Optional
• Utility Potholing Report CEQA Exemption
memorandum Notice of Exemption
Assumptions
• Borings are located within City right-of-way and
CEQA Compliance. DJP&A will initially determine will be completed during the daytime. if the projects are statutorily exempt from the
provisions of CEQA. If it is determined the projects
are statutorily exempt, DJP&A will prepare a
memorandum supporting the use of a Statutory
Exemption and the draft Notice of Exemption(s)
(NOE).
• Disposal of excess soil cuttings from borings will
be placed in 55-gallon drums and disposed of.
Disposal of hazardous materials is not included in
this task.
• No-fee encroachment permits for surveying,
geotechnical, and utility locating will be issued by
the City for this task.
• Title reports are excluded, and Right-of-way If the project do not qualify for a Statutory Exemption DJP&A would determine if the projects qualify
for a Categorical Exemption. A key consideration
in determining if the projects are categorically
exempt is whether the projects result in negligible
or no expansion of capacity. DJP&A would work
with the City and HydroScience to demonstrate
that the projects would have negligible or no
expansion of capacity. If it is determined the projects are categorically exempt, DJP&A will prepare a
memorandum supporting the use of a CE and the
draft NOE(s).
acquisition is not necessary.
Task 3 – Detailed Design/Bid Package. The detailed
design will include three interim submittals and the
stamped and final Bid Package. The scope of work
for each submittal is as follows:
35% Submittal. This submittal will include the
topographic survey, utility information collected from
the utilities, the visual observations collected during the site walk, the right-of-way limits and boundaries
from the record boundary survey, and the proposed
plan location and tie-in locations for the new
pipeline. Valves will also be preliminarily located, and preliminary details and references to City standards
included as appropriate. Where utility information
may be lacking or require verification, proposed
pothole locations will be identified.
DJP&A will prepare a memorandum documenting
why the project is eligible for a SE or CE. Upon
completion of the administrative draft memorandum,
DJP&A will provide an electronic copy in Microsoft
Word for the City’s review. At this point, if it is
determined that none of the exceptions apply,
DJP&A will prepare and file a NOE(s), as described
below.
Additional components of the 35% Submittal
will include a table of contents for technical
specifications and a construction cost estimate
based on the likely bid items for each project
segment. Where required, a list of expected permits
will be identified.
Once confirmed by the City that the project is
statutorily or categorically exempt, DJP&A will
prepare a draft NOE(s) and submit the NOE(s) to City
staff for review. Upon project approval, DJP&A will
file the NOE(s) at the State Clearinghouse and Santa
Clara County Clerk’s office and pay the $50 filing
fee on behalf of the City. The NOE(s) will not require
circulation to the public. Filing the NOE(s) will begin the 35-day statute of limitations on legal challenges
to the City’s decision that the project is exempt.
65% Submittal. Comments on the 35% Submittal
will be reviewed and the responses incorporated
into the 65% Submittal. The 65% Submittal will
also include construction details, a water service
schedule, pipeline connection details, erosion
HydroScience Engineers 8
Agenda Item No. 8.3 Agenda Packet Page No. 419 of 447
City of Gilroy Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497 control plans, traffic control, and a service Task 4 – Engineering Services During the Bidding Phase. HydroScience will assist the City during
bid solicitation and bid phase services as needed
and requested up to the allowance outlined in the
proposed budget. Services may include:
connection map. An updated estimate of probable
construction costs, as well as a draft of the technical and special provisions will be prepared.
95% Submittal. Comments on the 65% Submittal
will be reviewed and the responses incorporated
into the 95% Submittal. The 95% Submittal will
also include all of the elements required to have
a complete set of contract documents suitable
for advertisement, pending final City review. The
submittal will be peer reviewed per the scope in
Task 1, and will include front end specifications,
including the City’s agreement, using the City’s
standard front-end specifications. An updated
estimate of probable construction costs, as well as a
draft of the technical and special provisions will be
prepared.
• Response to prospective bidder inquiries during
the bidding period
• Preparation of up to two addenda
• Attending the pre-bid meeting
• Review and evaluation of bids
• Preparing conformed contract document package
that incorporates all addenda to issue for bid
award
Deliverables
• Responses to inquiries and addenda in PDF
format
The 95% Submittal will be used to submit to Caltrans
for permit review and approval. The portions
going to Caltrans will be stamped and formatted in
accordance with their requirements. The City will be
responsible for any permit fees Caltrans requires for
their review and permitting of the project.
Assumptions
• The City is responsible for bid advertisement and
any costs associated with advertisement
• The City is responsible for preparing for,
coordinating, and hosting pre-bid meetings
• Addenda prepared during bidding will be based
on relatively minor comments or clarification
to the design, not requiring significant design
revisions
Bid Package. The Bid Package will incorporate all
comments on the 95% Submittal, and be a stamped
set of contract documents that are suitable for
advertisement. Task 5 – Construction Engineering Support Services. HydroScience will provide engineering
support services in support of the City’s Deliverables
• 35% Submittal, PDF/Word/Excel
• Response to Comments, 35%, 65%, 95%, Excel
• 65% Submittal, PDF/Word/Excel
• 95% Submittal, PDF/Word/Excel
• Caltrans Permit Application (PDF)
• Bid Package, one full size and PDF set of
stamped plans (bond), one hard copy and
electronic set of the specifications (Word/PDF),
and estimate (Excel/PDF)
Construction Management efforts. It is expected
that HydroScience will provide engineering services
during construction up to the proposed budget.
Services may include the following:
• Attend an internal handoff meeting from
the design team to the City’s construction
management team. HydroScience will brief the
City on key issues, permit requirements, possible
construction risks, construction sequencing, or
Assumptions other items of concern.
• City will pay any costs for the Caltrans Permit • HydroScience will attend selected construction meetings as directed by the City. We have
assumed attending one pre-construction meeting
and up to five on-site construction progress
meetings.
Application
HydroScience Engineers 9
Agenda Item No. 8.3 Agenda Packet Page No. 420 of 447
City of Gilroy Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497 • HydroScience will respond to up to 20 RFIs • Project confirmation. As a first phase of work, HydroScience will walk the site with City staff,
initiate surveying, and begin utility mapping
and conceptual layout of the new pipelines and
appurtenances.
generated by the Contractor. RFI reviews will
be provided in the same format as the RFI was
submitted.
• We expect that the City will require HydroScience
to review up to 20 separate submittals, and their
corresponding resubmittals. Submittal reviews will
be returned to the City in the format utilized by
the construction manager. It is expected that any
potential product substitutions will be included in
submittals from the Contractor.
• 35% Submittal. This initial submittal include all
mapped utility information, a plan view of the
alignment, and identify potential permitting or
utility conflicts. Based on the 35% Submittal,
potholing needs will be identified and then
scheduled to occur during the 65% Submittal
stage. The 35% Submittal will also be used to
define the project for the purposes of CEQA.
• HydroScience will prepare a final punch list
of incomplete and/or unacceptable items of
construction work for the City’s review and
approval. HydroScience will attend a final closeout walk through with the City when all punch list items have been corrected by the Contractor.
• Utility Potholing. Following the 35% Submittal, we
will initiate potholing at locations identified as part of the 35% Submittal.
• CEQA. CEQA work will be initiated following the
35% Submittal. We expect that the projects will
require a NOE, and have based our schedule
assumptions on that level of environmental
documentation. Should a MND be required,
we have enough float in our schedule to
accommodate that change without causing a
project delay.
• Prepare Record Drawings. Based on red-lines
developed and provided by the Contractor,
HydroScience will prepare Record Drawings and
provide the AutoCAD and PDF drawings to the
City.
Deliverables:
• Responses to RFIs, submittals, and potential
change orders, using the cloud based software
provided by the City’s Construction Manager
• Punch List, Excel
• Record Drawings, AutoCAD and PDF
• Geotechnical. We have assumed that the
geotechnical work will occur in locations where
it is required for the purpose of design. Based
on the proposed type of construction for each
project design, we will identify whether borings
are required to complete that design, and initiate
work during summer 2024 for this effort.
Assumptions
• City to provide Construction Management
services. HydroScience is not responsible for
providing construction quality control testing.
• Design period. We have assumed that the overall
design period, including Caltrans permitting,
will be approximately 13 months. This period
includes four submittals, with three weeks for
the City to review each submittal. Additionally,
we have allowed 60 days for Caltrans to review
the stamped plans, and then to issue the
encroachment permit.
• City to prepare for and run all construction
meetings.
Schedule
The anticipated project schedule is on the following
page. This project schedule was developed based
on the scope, submittals, and project elements
identified in the RFP. Among the schedule
assumptions are the following:
Bidding period. We have assumed three months for
bidding, contracting, and project award.
• Construction period. We assumed that the
total construction schedule will require about
nine months to construct. This will result in
construction completion during March 2026.
10 • Notice to Proceed. We have assumed that NTP
will be issued to HydroScience on February 26,
2024.
HydroScience Engineers
Agenda Item No. 8.3 Agenda Packet Page No. 421 of 447
EXHIBIT “C”
MILESTONE SCHEDULE
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Agenda Item No. 8.3 Agenda Packet Page No. 422 of 447
2 PROJECT SCHEDULE
Engineering Services for the Water Utility Improvement Design - Project No. 24-RFP-PW-497 ID Task Name Duration Start Finish 2024 2025
Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr 0 Engineering Services for the Water Utility Improvement 538 days Mon 2/26/24 Wed 3/18/26 Design Project No. 24-RFP-PW-497
1 Project Administration and Coordination
Notice to Proceed
538 days
0 days
Mon 2/26/24 Wed 3/18/26
2 Mon 2/26/24 Mon 2/26/24 Notice to Proceed 2/26
3 Project Administration and Coordination
Kickoff Meeting
538 days
1 day
Mon 2/26/24 Wed 3/18/26 3/18
4 Mon 3/4/24 Mon 3/4/24 Kickoff Meeting 3/4
5 Preliminary Engineering
Site Walk
73 days
0 days
Mon 3/11/24 Thu 6/20/24
Mon 3/11/24 Mon 3/11/24
Tue 3/12/24 Mon 3/18/24
Tue 3/19/24 Mon 4/22/24
Fri 5/31/24 Thu 6/20/24
6 Site Walk 3/11
7 Obtain Encroachment Permit for Surveying 3/18
Topographic Survey and Utility Mapping
Utility Potholing
5 days
8 25 days
15 days
264 days
45 days
6 days
4/22
9 6/20
10 11
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 Detailed Design/Bid Package
Geotechnical Engineering
Hydraulic Modeling
Tue 3/12/24
Fri 6/7/24
Fri 3/14/25
Thu 8/8/24
Wed 3/13/24 Wed 3/20/24
Tue 3/12/24 Thu 5/30/24
3/20
35% Design 58 days
40 days
15 days
0 days
Develop 35% Submittal Tue 3/12/24 Mon 5/6/24 5/6
City Review of 35% Submittal
35% Design Review Workshop
CEQA Notice of Exemption
Administrative Draft of NOE
Final Draft of NOE & Public Notice
65% Design
Tue 5/7/24 Mon 5/27/24
Thu 5/30/24 Thu 5/30/24
Fri 5/31/24 Thu 7/25/24
Fri 5/31/24 Thu 6/20/24
Fri 7/19/24 Thu 7/25/24
Fri 7/26/24 Tue 10/1/24
5/27
35% Design Review Workshop 5/30
40 days
15 days
5 days
6/20
7/25
48 days
30 days
15 days
0 days
Develop 65% Submittal Fri 7/26/24 Thu 9/5/24 9/5
City Review of 65% Submittal
65% Design Review Workshop
95% Design
Fri 9/6/24 Thu 9/26/24 9/26
Tue 10/1/24 Tue 10/1/24 65% Design Review Workshop 10/1 108 days
30 days
Wed 10/2/24
Wed 10/2/24 Tue 11/12/24
Wed 11/13/24 Tue 2/4/25
Wed 2/5/25 Tue 2/25/25
Fri 2/28/25
Develop 95% Submittal 11/12
Caltrans Encroachment Permit Application (Construction60 days 2/4 City Review of 95% Submittal
95% Design Review Workshop
Develop Bid Set
15 days
0 days
2/25
2/28
3/14
Fri 2/28/25 Fri 2/28/25 95% Design Review Workshop
10 days
58 days
30 days
0 days
Mon 3/3/25 Fri 3/14/25
Engineering Services During Bidding
Advertise Project
Mon 3/24/25 Wed 6/11/25
Mon 3/24/25 Fri 5/2/25
Thu 4/10/25 Thu 4/10/25
5/2
4/10
Bid Opening
Notice of Intent to Award
Attend Pre-Bid Attend Pre-Bid
Bid Opening 0 days Fri 5/2/25
Fri 5/16/25
Mon 5/5/25
Mon 5/5/25
Fri 5/2/25
Fri 5/16/25
Fri 6/6/25
Fri 5/23/25
5/2
5/16
6/6
5/23
Construction Notice to Proceed
Notice of Intent to Award 0 days
Council Package and Approval
Prepare Conformed Drawings
Construction Notice to Proceed
Construction Engineering Support Services
25 days
15 days
0 days Wed 6/11/25 Wed 6/11/25 6/11
200 days Thu 6/12/25 Wed 3/18/26 3/18
HydroScience Engineers 11
Agenda Item No. 8.3 Agenda Packet Page No. 423 of 447
EXHIBIT “D”
PAYMENT SCHEDULE
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Agenda Item No. 8.3 Agenda Packet Page No. 424 of 447
January 12, 2024
Fee Proposal for Engineering Services for Water Utility Improvement Design, Project No. 24-RFP-PW-497 Task Description
Hourly billing rate $305
12 $292 $242
40 $242
60 $280 $242 $187 $160
1 2
Project Management
Project Management
$27,860
112 $27,860 $0 $0 $27,860
Preliminary Engineering $167,192
Site Walk/Review Existing Data
Topographic/Record Survey
Utility Mapping
16 2
4 16
4 12
12 24 56
14 96
48 $12,232
$2,732 $78,600
$17,752
$500 $0
$7,860
$0
$500
$86,460
$0
$12,732
$89,192
$17,752
$47,516
8 40 40
CEQA Compliance 16 20 $10,516 $37,000 $0 $37,000
3 Detailed Design/Bid Package
35% Submittal
65% Submittal
95% Submittal
Bid Package
$379,176
8 8
8 4
4 8
16 4
96 120
124
40 140
160
120
60 20 60
80 96
80 124
116
100
80 452
500
512
280
$96,620
$108,296
$113,552
$57,708
$0
$0
$0
$0
$0
$0
$1,000
$2,000
$96,620
$108,296
$114,552
$59,708
8 48
12 $1,000
$2,000
4 5
Engineering Services During Bidding
Engineering Services During Bidding
$17,544
14 36 12 20 82 $17,544 $0 $0 $17,544
Construction Engineering Support Services
Initial/Consturction Meetings
RFIs
Submittals
Change Orders
Punch List/Close Out
Record Drawings
Project Coordination
$104,782
24 16
20 12
20 4
24 60
72 30
20 8
48 84
104
50 50
76 $11,616
$19,888
$24,508
$11,660
$11,550
$13,144
$10,516
$600 $0
$0
$0
$0
$0
$0
$0
$600
$0
$0
$12,216
$19,888
$24,508
$11,660
$11,850
$14,144
$10,516
8 12
8 $0
10 $300
$1,000
$300
$1,000
$0
64 8 20 20 48
TOTAL - Base Services Tasks 40 32 576 854 68 20 470 552 2612 $567,694 $78,600 $0 $37,000 $0 $5,400 $7,860 $128,860 $696,554 TOTAL - Optional Tasks $146,236
Utility Locating $43,430 $0 $43,430 $43,430
Geotechnical $93,460 $9,346 $102,806 $102,806
OVERALL TOTAL $842,790
Note:
The percentage of the total cost assigned to individual projects was estimated, since the work will be performed as one project by both HydroScience staff and its subconsultants. The approximate fee percentage for each individual project is as follows 28% 800250: Casey and Swanston
16% 800590: Broadway and Sargent
6% 800600: Church and Gurries
18% 800610: Church - Welburn to First
4% 800660: Murray at Burke
28% 800890: Monterey - Leavesley to Ronan
HydroScience Engineers 1
Agenda Item No. 8.3 Agenda Packet Page No. 425 of 447
City of Gilroy Fee Schedule for Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497 HYDROSCIENCE ENGINEERS, INC.
2024 Standard Schedule of Billing Rates
Rates are subject to increase 3% annually
LABOR CLASSIFICATION
Principal
HOURLY RATE
$305
Engineer IX $292
Engineer VIII $280
$265
$253
$242
$231
$215
$204
$187
$110
$200
$190
$180
$170
$150
$140
$135
$160
$140
$120
$110
Engineer VII
Engineer VI
Engineer V
Engineer IV
Engineer III
Engineer II
Engineer I
Engineering Aide
Construction Professional VI
Construction Professional V
Construction Professional IV
Construction Professional III
Construction Professional II
Construction Professional I
Cross Connection Control Specialist
CAD Manager
CAD Designer I
Marketing Professional
Administrative II
Administrative $95
Hourly billing rates include postage and telephone charges that are normal to the work authorized. Other direct costs for travel, reproduction, mail service, outside services, etc. will be invoiced at 110 percent of the actual cost. Rates for expert witness services shall be billed at the quoted rates plus $50/hour.
HydroScience Engineers 2
Agenda Item No. 8.3 Agenda Packet Page No. 426 of 447
City of Gilroy Fee Schedule for Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497 2024 FEE SCHEDULE
PROFESSIONAL STAFF
Staff Professional I.......................................................................................................$138.00/Hour Staff Professional II........................................................................................................ 153.00/Hour Staff Professional III....................................................................................................... 168.00/Hour Project Professional I.....................................................................................................184.00/Hour Project Professional II....................................................................................................200.00/Hour Project Professional III...................................................................................................216.00/Hour Senior Professional I......................................................................................................224.00/Hour Senior Professional II.....................................................................................................239.00/Hour Senior Professional III....................................................................................................255.00/Hour Principal Professional I ..................................................................................................270.00/Hour Principal Professional II .................................................................................................289.00/Hour Principal Professional III ................................................................................................308.00/Hour Court Appearance (Expert Witness, Deposition, etc.; four-hour minimum) .............2 x HourlyRate
FIELD/LABORATORY STAFF
Technician I......................................................................................................................97.00/Hour Technician II...................................................................................................................117.00/Hour Technician III (or Minimum Prevailing Wage) ...............................................................132.00/Hour Technician IV ................................................................................................................. 146.00/Hour Laboratory Manager......................................................................................................176.00/Hour Principal Technician.......................................................................................................197.00/Hour Managing Technician.....................................................................................................211.00/Hour
CADD/GIS
CADD/GIS/Database Manager I..................................................................................... 117.00/Hour CADD/GIS/Database Manager II.................................................................................... 138.00/Hour CADD Designer ..............................................................................................................153.00/Hour GIS Specialist..................................................................................................................153.00/Hour
SUPPORT STAFF
Administrative Assistant I..............................................................................................117.00/Hour Administrative Assistant II.............................................................................................132.00/Hour Administrative Assistant III............................................................................................135.00/Hour Technical Editor ............................................................................................................. 109.00/Hour Senior Technical Editor..................................................................................................153.00/Hour *Overtime Premium is 35% of PERSONNEL CHARGE
EQUIPMENT CHARGES
BAT Permeameter ...........................................................................................................200.00/Day Compaction Testing Equipment & Supplies ......................................................................50.00/Day Peel & Shear Strength Apparatus (FML Seams) .........................................................900.00/Month Portable Laboratory (8’ x 32’ trailer) with equipment .................................................1,200/Month Portable Laboratory (mobilization / demobilization)...........................................................1,500.00 ReMi/Refraction Seismograph ........................................................................................600.00/Day Sealed Single Ring Infiltrometer (SSRI)...............................................200.00/Day or 750.00/Month Sealed Double Ring Infiltrometer (SDRI) ..................................................................... Call for Quote Slope Inclinometer ..........................................................................................................250.00/Day Unmanned Aerial Vehicle (Drone) Reconnaissance ........................................................250.00/Day Schedule 2024 NorCal Effective Through 12/31/2024
HydroScience Engineers 3
Agenda Item No. 8.3 Agenda Packet Page No. 427 of 447
City of Gilroy Fee Schedule for Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497
EXPENSES
Vehicle Use for Field Services............................................................... 17.00/Hour or 500.00/week Soil Sampling Equipment & Drilling Supplies.....................................................................7.00/Hour Groundwater Sampling Equipment and Supplies............................................................17.00/Hour Per Diem.............................................................Lesser of (Cost +15%) or (Local Government Rate) Outside Services (Consultants, Surveys, Chemical lab Tests, etc.)...................................Cost + 15% Reimbursables (Maps, Photos, Permits, Expendable Supplies, etc.)................................Cost + 15% Outside Equipment (Drill Rig, Backhoe, Monitoring Equipment, etc.)............................................Cost + 15%
PERMITS, FEES AND BONDS
The costs of all permits, fees, and performance bonds required by government agencies are to be paid by the Client, unless stated otherwise in an accompanying proposal.
INSURANCE
Geo-Logic Associates, Inc. carries workers' compensation, comprehensive general liability and automobile with policy limits normally acceptable to most clients. The cost for this insurance is covered by the fees listed in this schedule. Cost of any special insurance required by the Client, including increases in policy limits, adding additional insured parties and waivers of subrogation, are charged at cost plus 15%. Unless otherwise stated, such charges are in addition to the estimated or maximum charges stated in any accompanying proposal.
TERMS
Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. Past due accounts are subject to a finance charge of one and one-half percent (1-1/2%) per month, or the maximum rate allowed by law.
PROPOSAL PERIOD
Unless otherwise stated, a proposal accompanying this schedule is effective for sixty (60) days. If authorization to proceed is not received within this period, Geo-Logic Associates, Inc. reserves the right to renegotiate the fee.
HydroScience Engineers 4
Agenda Item No. 8.3 Agenda Packet Page No. 428 of 447
City of Gilroy Fee Schedule for Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497 2024 FEE SCHEDULE
TEST NAME TEST METHOD UNIT RATE
Geotechnical / Physical Properties
Moisture Content, gravimetric.................................................................D2216/AASHTO T265 ....... $26/Test Moisture Content (volumetric and gravimetric) and Bulk Density ..........D2216/D7263................... $60/Test Porosity............................................................................................................................................... $60/Test Particle Size Analyses
Standard Sieves and Hydrometer ........................................................D422............................... $225/Test Standard Sieves; no Hydrometer.........................................................D422............................... $180/Test Particle Size Analysis – Aggregate, no hydrometer .............................D422/C136/CT202.......... $180/Test Particle Size Analysis with Gravel with hydrometer ............................D422............................... $230/Test Percent Passing #200 Sieve..................................................................D1140/C117 ..................... $90/Test Particle Size Analysis, #4, #40, #200 with wash............................................................................. $70/Test Atterberg Limits
Liquid Limit, Plastic Limit, Plasticity Index (LL, PL, and PI) ...................D4318............................. $170/Test Wet preparation, add .................................................................................................................... $55/Test USCS Classification (included with sieve and Atterberg Limits) ...............D2487............................. $350/Test Specific Gravity,Fine (<4.75mm diameter materials)...............................D854............................... $115/Test Specific Gravity,Coarse (>4.75mm diameter materials)...........................C127 ............................... $125/Test Dispersion Testing
Double Hydrometer (add second hydrometer)...................................D4221............................. $150/Test Proctor Compaction Test
Method A or B (<25% retained on a 3/8” sieve)..................................D698/D1557................... $250/Test Method C (>25% retained on a 3/8” sieve) .........................................D698/D1557................... $265/Test Moisture Density Single Point, std/mod (Proctor check point)...........D698/D1557..................$125/Point Percent Organic Matter by Muffle Furnace .............................................D2974............................. $105/Test Permeability / Conductivity Testing
Hydraulic Conductivity, Fixed Wall
up to 8” Diameter Cell .........................................................................D5856/USBR 5600-89 .... $380/Test up to 12” Diameter Cell .......................................................................D5856/USBR 5600-89 .... $540/Test Extra Load per Test ..................................................................................................................... $140/Load Hydraulic Conductivity, Flexible Wall
Falling Head, Rising Tail, 1” to 4” Diameter Sample ............................D5084............................. $370/Test Falling Head, Rising Tail, 6” Diameter Sample .....................................D5084............................. $665/Test High Pressure (<1200 psi) per sample, add ................................................................................... $65/Test Ksat with other permeant fluid, long term..........................................D7100.......................... $5,000/Test Added machine time per day ..............................................................................................................$80/Day Intrinsic Permeability (Calculation) ..........................................................Fetter..............................No Charge Strength and Consolidation Testing
Consolidation Testing
Consolidation Test – Method A ...........................................................D2435A........................... $460/Test Consolidation Test – Method B............................................................D2435B........................... $560/Test Consolidation Test (single point) .........................................................D2435............................. $125/Test Consolidation Test (without rate data)................................................D2435............................. $190/Test Test rate data per load increment .......................................................D2435...................... $90/Test-Load Consolidate Test (multiple points and time rates)..............................D2435............................. $465/Test Strength Testing
Unconfined Compressive Strength (UC), 2-3” .....................................D2166............................. $110/Test Unconfined Compressive Strength (UC), 4 or 6” .................................D2166............................. $150/Test HydroScience Engineers 5
Agenda Item No. 8.3 Agenda Packet Page No. 429 of 447
City of Gilroy Fee Schedule for Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497 Strength and Consolidation Testing, Continued
Triaxial Compression
Unconsol.-Undrained Triax. Compression (UU), 2-3”, 1-pt test ..........D2850............................. $215/Test Unconsol.-Undrained Triax. Compression (UU), 4”, 1-pt test..............D2850............................. $255/Test Unconsol.-Undrained Triax. Compression (UU), 6”, 1-pt test..............D2850............................. $450/Test Consolidated Undrained Triax. Compression (CU), 2-3” (3 pt. test)....D4767.......................... $1,500/Test Consolidated Undrained Triax. Compression (CU), 2-3” (per point) ...D4767 ............................$500/Point Consolidated Undrained Triax. Compression (CU), 4” (3 pt. test) .......D4767.......................... $1,665/Test Consolidated Undrained Triax. Compression (CU), 4” (per point).......D4767............................$555/Point Consolidated Undrained Triax. Compression (CU), 6” (3 pt. test) .......D4767.......................... $3,015/Test Consolidated Undrained Triax. Compression (CU), 6” (per point).......D4767.........................$1,055/Point CU – add per point for progressive (staged) test........................................................................$315/Point Consolidated Drained Triax. Compression (CD), 2-3” (3 pt. test) ........D7181.......................... $1,890/Test Consolidated Drained Triax. Compression (CD), 2-3” (per point)........D7181............................$630/Point Consolidated Drained Triax. Compression (CD), 4” (3 pt. test) ...........D7181.......................... $2,115/Test Consolidated Drained Triax. Compression (CD), 4” (per point)...........D7181............................$705/Point Consolidated Drained Triax. Compression (CD), 6” (3 pt. test) ...........D7181.......................... $3,300/Test Consolidated Drained Triax. Compression (CD), 6” (per point)...........D7181.........................$1,100/Point High Pressure (>120 psi), add .......................................................................................................$80/Point Direct Shear
Direct Shear, 2.5” (3 pt. test) ...............................................................D3080............................. $615/Test Direct Shear, 2.5” (per point)...............................................................D3080............................$205/Point Additional Cycles (per load).................................................................D3080.............................. $55/Load Direct Shear, 12” (3 pt. test) ................................................................D3080.......................... $1,155/Test Direct Shear, 12” (per point)................................................................D3080............................$385/Point California Bearing Ratio (per point)..........................................................D1883............................$350/Point Added machine time when > 2 days of shear ..................................................................................... $80/Day Aggregate and Rock Testing
Dry Rodded Unit Weight ..........................................................................C29 ................................... $90/Test Rock Density.............................................................................................D7263............................... $60/Test Saturated Hydraulic Conductivity.............................................................D5084............................. $370/Test Rock Point Load Index, 1-break................................................................D5731............................... $55/Test Rock Point Load Index, multiple breaks ...................................................D5731............................. $210/Test Rock Joint Direct Shear, per point............................................................D5607............................$290/Point Rock Joint Direct Shear, add per load ......................................................D5607............................ $105/Load Uniaxial Strength, Peak Only ....................................................................D7012............................. $145/Test Geosynthetics Testing
Large Scale Direct Shear
Geosynthetic/Geosynthetic, 3-point test ............................................D5321............................. $750/Test Geosynthetic/Geosynthetic, per point ................................................D5321............................. $250/Test Soil/Geosynthetic, 3-point test............................................................D5321.......................... $1,005/Test Soil/Geosynthetic, per point................................................................D5321............................. $335/Test Geosynthetic Clay Liner (GCL), 3-point test.........................................D6243.......................... $1,065/Test Geosynthetic Clay Liner (GCL), per point.............................................D6243............................. $355/Test Soil/GCL, 3-point test...........................................................................D6243.......................... $1,005/Test Soil/GCL, per point...............................................................................D6243............................. $335/Test Sandwich (multiple layers), 3-point test................................................................................... $1,410/Test Sandwich (multiple layers), per point.........................................................................................$470/Point Large Scale Puncture
Large Scale Puncture, modified ...........................................................D5514............................. $465/Test Puncture Test High Pressure (>120 psi), per point .......................................................................$95/Point HydroScience Engineers 6
Agenda Item No. 8.3 Agenda Packet Page No. 430 of 447
City of Gilroy Fee Schedule for Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497 Soil with Amendments and Slurry Testing
Slurry Wall Soil/Bentonite Saturated Hydraulic Conductivity, Falling Head, Rising Tail 1-100 samples......................................................................................D5084............................. $325/Test 101-200 samples..................................................................................D5084............................. $315/Test 201-300 samples..................................................................................D5084............................. $305/Test 301-400 samples..................................................................................D5084............................. $294/Test Greater than 400 samples ...................................................................D5084............................. $290/Test Soi/Cement/Bentonite, Unconfined Compressive (UC) Strength ............D4832............................... $28/Test Soil / Bentonite Mix Evaluation........................................................................................................ $325/Test Soil / Cement / Bentonite Mix Evaluation........................................................................................ $430/Test Pocket Penetrometer ......................................................................................................................... $20/Test Soil Chemistry
pH of Soil ............................................................................................................................................ $25/Test All test methods are ASTM unless otherwise noted.
Special sample preparation and laboratory testing not listed above will be charged at applicable personnel rates.
All laboratory test rates are for standard turn-around time and normal reporting procedures. Rush orders will be subject to a 50 percent premium. Manpower requirements or test protocol may preclude the granting of a rush request.
HydroScience Engineers 7
Agenda Item No. 8.3 Agenda Packet Page No. 431 of 447
CHARGE RATE SCHEDULE
Professional & Office
Per Hour
Principal $270
Senior Land Development Manager $254
Senior Civil Engineering or Land Surveying or Landscape Architect Manager $245 Land Development Manager $218
$214
$234
$198
$190
$176
$212
$182
$170
$186
$174
$154
$144
$156
$144
$134
$124
$102
$ 96
Civil Engineering, Land Surveying or Landscape Architect Manager Senior Planner
Senior Civil Engineer, Land Surveyor, or Landscape Architect Engineering Design Specialist
Design Specialist
Project Planner
Project Civil Engineer, Land Surveyor, or Landscape Architect Project Arborist
Senior Engineer, Surveyor, or Landscape Designer
Engineer, Planner, Surveyor, or Landscape Designer
Assistant Engineer, Surveyor, Planner, or Landscape Designer Junior Engineer, Surveyor, Planner, or Landscape Designer Senior Technician
Project Technician
Technician
Assistant Technician
Junior Technician
Intern
Project Support Staff $ 96
Field Services
Per Hour
2-Person Field Crew $290
3-Person Field Crew
1-Person Field Crew
Senior Field Engineer
Field Engineer
$380
$202
$192
$168
Printing, Reproductions & Materials at Cost, Plus 20%
Transportation at Cost, including mileage based upon IRS rates Other Outside Services at Cost, Plus 20%
Rates are subject to Adjustment July 1, 2024
DRS
HydroScience Engineers 8
Agenda Item No. 8.3 Agenda Packet Page No. 432 of 447
City of Gilroy Fee Schedule for Engineering Services for Water Utility Improvement Design Project No. 24-RFP-PW-497 CHARGE RATE SCHEDULE1
Title Hourly Rate
Senior Principal $ 340.00
$ 313.00
$ 266.00
$ 244.00
$ 228.00
$ 217.00
$ 191.00
$ 160.00
$ 138.00
$ 128.00
Principal Project Manager
Senior Environmental Specialist
Senior Project Manager
Environmental Specialist
Project Manager
Associate Project Manager
Assistant Project Manager
Researcher
Graphic Artist
Materials, outside services and subconsultants include a 15% administration fee.
Mileage will be charged per the current IRS standard mileage rate at the time costs occur.
Subject to revision January 1, 2025. Charge rates subject to annual 3% escalation. 1 David J. Powers & Associates, Inc. (DJP&A) provides regular, clear, and accurate invoices, in accordance with normal company billing procedures. The cost estimate prepared for this project does not include special accounting or bookkeeping procedures, nor does it include preparation of extraordinary or unique statements or invoices. If a special invoice or accounting process is requested, the service can be provided on a time and materials basis. Any fees charged to DJP&A for Client’s third-party services related to invoicing, insurance certificate maintenance, or other administrative functions will be billed as a reimbursable expense.
HydroScience Engineers 9
Agenda Item No. 8.3 Agenda Packet Page No. 433 of 447
Hayward (Corporate) | Fresno | Los Angeles | Sacramento | F. (408) 988-0101 Utility Locating - Ground Penetrating Radar (GPR) - Electromagnetic Pipe Locators Structural Concrete Scanning - Potholing Vacuum Excavation - CCTV Pipe Inspection Mobile LiDAR Scanning - 3D Scanning - 3D Utility Mapping - Gas Standy by - www.besstestlab.com DBE 34267 - CSLB 817532 - DIR 1000007058 - MBE 1208095 - SBE 38052 - SLEB 18-00111 - ISN 400231830 BESS Utility Solutions Rate Schedule 2023
Night/OT Emergency Houlry Rate Services Rate Rate
Project Management
Project Coordination
Utility Foreman
Licensed Professional (Civil / Surveyor )
LiDAR / UAV / Data Processing and Extraction
CAD Technician
Reports / Sketches / Clerical
Administrative Support
$185.00
$145.00
$185.50
$190.00
$125.00
$117.00
$101.00
$101.00
Data Processing and Extraction $132.50
Utility Location & Gas Transmission Standby
1-Person Utility Designation w/ GPR & EM Pipe Locator
2-Person Utility Designation w/ Multi Antenna GPR
1-Person Gas Transmisson Stand by w/truck and equipment Potholing and Vacuum Excavation
$185.50
$371.00
$196.00
$296.80
$593.60
$313.60
$371.00
$742.00
$392.00
2-Person Utility Potholing w/ air vacuum truck
1-Person Utility Potholing w/ hydro vacuum truck
2-Person Utility Potholing w/ hydro vacuum truck
2-Person Utility Potholing w/ Air OX vacuum truck
2-Person Key Hole & Surface Restoration w/ equipment
1-Person Dump Truck Crew w/equipment
Traffic Control
$330.00
$317.00
$397.00
$444.00
$320.00
$214.00
$429.00
$412.10
$516.10
$577.20
$416.00
$278.20
$528.00
$507.20
$635.20
$710.40
$512.00
$342.40
1-Person Traffic Control w/ arrow truck
2-Person Traffic Control w/ arrow truck
1-Person Flagger / TC Helper
$163.00
$259.00
$140.00
$211.90
$336.70
$182.00
$260.80
$414.40
$224.00
GPR Concrete Scanning and Coring
1-Person GPR Concrete Scanning w/ equipment
1-Person GPR Concrete Scanning w/ equipment Prevailing Wage 1-Person Saw Cutting & Coring w/ equipment
1-Person Saw Cutting & Coring w/ equipment Prevailing Wage CCTV Camera – Video Inspection
$200.00
$268.00
$154.00
$175.00
$260.00
$348.40
$200.20
$227.50
$320.00
$428.80
$246.40
$280.00
2-Person CCTV Pipe Inspection w/ Main Line Crawler Unit 2-Person CCTV Pipe Inspection w/ Lateral Line Push Unit 2-Person Hydro Flushing w/ hydro vacuum truck
Surveying and Mapping
$334.00
$323.00
$397.00
$434.20
$419.90
$516.10
$534.40
$516.80
$635.20
1-Person Survey Crew - GPS / Robotic / 3D Scanner
2-Person Survey Crew - GPS / Robotic / 3D Scanner
2-Person Survey Crew - Mobile LiDAR Scanner
2-Person Survey Crew - UAV Data Collection
$197.00
$280.00
$364.00
$289.00
$256.10
$364.00
$473.20
$375.70
$315.20
$448.00
$582.40
$462.40
NOTE: Rates are portal to portal from our nearst office. Mobilization may apply for distances further than 50 miles from nearest office.
Additional Cost
1-Person Utility Support Truck
1-Person General Labor Hourly Rate
1-Person Operator Hourly Rate
$160.00
$140.00
$180.00
$208.00
$182.00
$234.00
$256.00
$148.40
$288.00
1-Person Utility Truck Mobilization Rate
Air/hydrovac Utility Truck Mobilization Rate
Hydrovac Utility Truck Mobilization Rate
Large Specialty Utility Truck Mobilization Rate
Traffic Control Plans – non-stamped (per sheet)
Traffic Control Plans – Stamped (per sheet)
Mileage, if applicable
$111.00
$290.00
$330.00
$370.00
$400.00
$600.00
Current IRS Rate
Lodging and meals, applies when over 50 miles
Remote Hose Per 25' Section (3" 4" or 6" 10")
Off site disposal of Non-Hazardous Material
Off-Road Vehicle Rental
Current GSA Rate
$27/Each
$1,100/Load
Cost +10%
Outside reproductions, shipping, services and consultants Cost of specialty field supplies,rental equipment, bridge tolls etc.
Cost +10%
Cost +10%
Conditions
Work site must be safe and prepared in advanced prior to scheduleing our crews (if managed by client) Show up cost is a 4 hour minimum per our houlry rates (Per National Pipe Line agreement) Minimum charge is 4 hours
Over time applies after eight hours of work on site and weekends Emergencies and Sundays are double time Rates above apply to day shift (typical BESS day shift hours are 7:00 AM to 3:30 PM).
Night rate applies outside of normal shift hours.
Overtime after 8hrs on site up to 12hrs and Saturdays
Overtime after 12hrs, Emergency,Sundays and Holidays
3% escalation may apply for multi year contracts
HydroScience Engineers 10
Agenda Item No. 8.3 Agenda Packet Page No. 434 of 447
8.4. Award a Contract to Villalobos & Associates for the FY24 Annual Citywide Curb Ramp Project No. 24-PW-286 in the amount of $104,130, Approve a Project Contingency of $10,413, and Approve a Total Project Expenditure of $114,543 for Construction
1. Staff Report:
2. Public Comment
3. Possible Action:
Award a contract to Villalobos & Associates in the amount of $104,130, approve a project contingency of $10,413, approve a total project expenditure of $114,543 for the construction of the Fiscal Year 2024 (FY24) Annual Citywide Curb Ramp Project (No. 24-PW-286), and authorize the City Administrator to execute the contract and associated documents.
Agenda Item No. 8.4 Agenda Packet Page No. 435 of 447
City of Gilroy
STAFF REPORT
Agenda Item Title: Award a Contract to Villalobos & Associates for the FY24 Annual Citywide Curb Ramp Project No. 24-PW286 in the amount of $104,130, Approve a Project Contingency of $10,413, and Approve a Total Project
Expenditure of $114,543 for Construction
Meeting Date: February 5, 2024
From: Jimmy Forbis, City Administrator
Department: Public Works
Submitted By: Karl Bjarke, Interim Public Works Director Prepared By: Marco Martinez, Engineer I
STRATEGIC PLAN GOALS Maintain and Improve City Infrastructure
RECOMMENDATION
Award a contract to Villalobos & Associates in the amount of $104,130, approve a project contingency of $10,413, approve a total project expenditure of $114,543 for the construction of the Fiscal Year 2024 (FY24) Annual Citywide Curb Ramp Project (No. 24-PW-286), and authorize the City Administrator to execute the contract and associated documents.
EXECUTIVE SUMMARY
The FY24 Annual Citywide Curb Ramp Project (Project) consists of constructing 16 pedestrian curb ramps to comply with the Americans with Disabilities Act (ADA). The Public Works Department advertised the Project in the San Jose Mercury News and on the City’s website on December 16, 2023, and received six bids. Staff recommends awarding a contract to the lowest bidder, Villalobos & Associates, of Gilroy, CA, in the amount of $104,130, approving a project contingency of $10,413, and approving a total project expenditure of $114,543 to construct the Project. The Project will be funded with Transportation Development Act (TDA) Article 3 Grant funds.
Agenda Item No. 8.4 Agenda Packet Page No. 436 of 447
FY24 Citywide Curb Ramp Project Contract Award
City of Gilroy City Council Page 2 of 3 February 5, 2024
BACKGROUND
The City of Gilroy Fiscal Year 2024 to Fiscal Year 2028 Capital Improvement Program (FY24-FY28 CIP) was adopted by the City Council on June 5, 2023. The FY24 Annual Citywide Curb Ramp Project includes the FY24-FY28 CIP as Project #800070.
The purpose of this Project is to construct ADA-compliant pedestrian curb ramps at locations that currently have no curb ramps to improve accessibility for the City’s residents and visitors. Staff have identified approximately 40 locations around the City with no pedestrian curb ramps. Based on the Engineer’s Estimate and the available funding for this project, staff anticipated that 16 curb ramps could be installed.
ANALYSIS
The 16 curb ramps included in this year’s project are located at the following intersections:
1. Ousley Dr/Solis Dr (2)
2. Ousley Dr/Welburn Ave (2)
3. Delta Dr/Solis Dr (2)
4. Delta Dr/Welburn Ave (4)
5. Delta Dr/Calabrese Wy (2)
6. Rosanna St/Second St (2)
7. Rosanna St/Fourth St (2)
These locations were selected based on feedback from residents and in coordination with the FY24 Annual CDBG Sidewalk/Curb Ramp Project, which will be constructing curb ramps at another 13 locations.
Staff advertised the Project in the San Jose Mercury News and on the City’s website on December 15, 2023 with a bid opening date of January 9, 2024. Staff received 6 bids. A summary of the bid results is shown below:
RANK COMPANY NAME TOTAL BID AMOUNT
1 Villalobos & Associates $104,130
2 JJR Construction $128,262
3 ASG Builders $171,160
4 McKim Corporation $188,400
5 Kroker Inc. $199,766
6 South Bay Grading $208,869
The lowest responsive bidder was Villalobos & Associates, with a total bid of $104,130.
The Engineer’s Estimate was $214,000. The lowest bid was 50% lower than the Engineer’s Estimate.
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FY24 Citywide Curb Ramp Project Contract Award
City of Gilroy City Council Page 3 of 3 February 5, 2024
ALTERNATIVES
The alternative to the staff recommendation is to reject all bids. Staff does not recommend this option as there is a grant deadline to spend the monies by June 30, 2024.
FISCAL IMPACT/FUNDING SOURCE
Staff recommends a total spending authorization of $114,543 to complete the construction of this project. The Project will be funded with Transportation Development Act (TDA) Article 3 Grant funds and is budgeted in Fund 215 - Transportation/Mobility Grant Fund. There are sufficient budgetary appropriations available to accommodate this project’s expenditure.
PUBLIC OUTREACH
The contractor will distribute public notices to nearby residents and schools two weeks and 72 hours in advance of construction.
NEXT STEPS
If the Council awards this contract, staff will work with the contractor to execute the contract and develop a final construction schedule. Construction is expected to begin in March 2024 and be completed in May 2024.
Attachments:
1. Villalobos & Associates-Agreement
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11.1.Approval to Enter into an Exclusive Negotiating Agreement with BayEcotarium for Potential Uses of the (Hecker Pass) Recreation Gateway Area
1. Staff Report:
2. Public Comment
3. Possible Action:
Approve an Exclusive Negotiating Rights Agreement between the City of Gilroy and Bay.org (BayEcotarium) and authorize the City Administrator to execute all related documents; and
Create an ad hoc committee consisting of three Gilroy City Council members and the City Administrator to serve as members of the City’s negotiating party.
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City of Gilroy
STAFF REPORT
Agenda Item Title: Approval to Enter into an Exclusive Negotiating Agreement with BayEcotarium for Potential Uses of
the (Hecker Pass) Recreation Gateway Area
Meeting Date: February 5, 2024
From: Jimmy Forbis, City Administrator
Department: Administration
Submitted By: Jimmy Forbis, City Administrator
Prepared By: Victoria Valencia, Economic Development Manager STRATEGIC PLAN GOALS Promote Economic Development Activities
RECOMMENDATION
a) Approve an Exclusive Negotiating Rights Agreement between the City of Gilroy and Bay.org (BayEcotarium) and authorize the City Administrator to execute all related documents; and
b) Create an ad hoc committee consisting of three Gilroy City Council members and the City Administrator to serve as members of the City’s negotiating party.
EXECUTIVE SUMMARY
The City of Gilroy is evaluating how to utilize the 536-acre property at 3050 Hecker Pass Highway, including Gilroy Gardens (the Recreation Gateway Area or RGA). The City received interest from two companies: Bay.org (BayEcotarium) with an offer to purchase the property and Select Contracts with an offer to lease the property longterm.
Staff recommends moving forward with an Exclusive Negotiating Rights Agreement (ENR Agreement) with Bay.org. However, it's essential to note that this recommendation does not rule out future discussions with Select Contracts or other interested parties. The staff recommendation does not indicate what direction the City Agenda Item No. 11.1 Agenda Packet Page No. 444 of 447
Exclusive Negotiating Agreement with BayEcotarium for Recreation Gateway Area City of Gilroy City Council Page 2 of 4 February 5, 2024 may want to proceed with concerning the property. It is merely an opportunity to have discussions at a very high level.
While moving forward with discussions of the prospective sale of the RGA is the staff's primary recommendation, the City should remain open to exploring the lease alternative should circumstances or preferences evolve after the ENR Agreement period ends.
While both potential projects could have positive economic impacts and meet community needs, the possible deal with Bay.org is a sale transaction, which would be the quickest resolution to the disposition of the property. Should another vendor show interest in purchasing or leasing the property, staff will forward those interests for further Council deliberation.
BACKGROUND
Gilroy Gardens, open since 2001, is a theme park attraction with rides, splash parks, water features, and numerous landscaped garden attractions. The 536 acres of land the park resides on was purchased by the City of Gilroy in 2008 for $13 million. Gilroy Gardens Family Theme Park (a 501(c)(3) corporation) operates the park.
The City is considering a sale or long-term lease of the land to drive post-COVID economic recovery with direct (TOT tax) and indirect revenue, job growth, and tourism destination brand diversification.
At this time, there are two companies interested in further developing the RGA:
• BayEcotarium is a 501(c)3 non-profit organization. It is the San Francisco Bay Area's largest non-profit watershed conservation group. It is comprised of six institutions that focus on different aspects of marine education, habitat restoration, and watershed preservation, including a public aquarium known as Aquarium of the Bay located at 2 Beach St., San Francisco, CA, 94133; and the Bay Model Visitors Center, an eight-acre education facility open to the public located at 2100 Bridgeway Blvd, Sausalito, CA 94965.
• Select Contracts is a privately held company headquartered in British Columbia, Canada. They specialize in designing, building, and operating global leisure and entertainment projects. Their projects include adventure parks, bike parks, family entertainment centers, surf parks, and water parks in 71 countries.
ANALYSIS
The City of Gilroy has an opportunity to enter into an exclusivity agreement for the possible sale of the 536 acres located at 3050 Hecker Pass Hwy, Gilroy, including Gilroy Gardens, with a non-profit organization, Bay.org (dba BayEcotarium). Before the City can proceed in business discussions, it is prudent to enter into a temporary exclusivity agreement.
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Exclusive Negotiating Agreement with BayEcotarium for Recreation Gateway Area City of Gilroy City Council Page 3 of 4 February 5, 2024 Exclusivity is the condition in which each party grants the other party sole rights about a particular business function or product sale and/or purchase. Put another way, exclusivity is an arrangement between two parties wherein neither will explore entering into a similar deal with other parties for a specific period.
The exclusivity agreement would allow both parties to conduct due diligence and proceed in talks without losing a potential deal immediately. During this time, staff would closely examine the proposal's details and determine if it is advantageous for the community and how best to proceed.
After conducting due diligence, the City and vendor may (or may not) pursue constructing a viable framework of deal points. The proposed framework would then be used to draft a mutually beneficial agreement. The City Council would then have the opportunity to review any potential future agreement due to these exclusive talks before execution.
While project details are still under discussion, the development would likely include opportunities for various ecotourism programs and events, as well as the continued operations of Gilroy Gardens. Having the proposed development sold to and operated by a Smithsonian Affiliated brand with a proven track record of operating visitor attractions could be an excellent opportunity for economic growth and has the potential to heighten our position in the region as a destination location and increase travel and tourism to Gilroy. Discussions during this preliminary period are non-binding and provide the opportunity to assess the potential of the proposed project in Gilroy fully.
After carefully considering the two options for the property, the staff recommends moving forward with an Exclusive Negotiating Agreement with BayEcotarium to explore a property sale.
Previously, the City entered into an ENA with Sharks Ice, LLC. That process is similar to the method proposed with BayEcotarium, which included appointing three City Council members to work with the City Administrator on an ad hoc committee.
ALTERNATIVES
Council may choose to:
• Not approve the exclusivity agreement with BayEcotarium.
This is not recommended because it would stop further business discussions with BayEcotarium.
• Not approve the creation of the ad hoc committee.
FISCAL IMPACT/FUNDING SOURCE
No fiscal impacts are expected until the exclusivity period ends with BayEcotarium.
Future staff reports will discuss any recommendations for future Council actions that Agenda Item No. 11.1 Agenda Packet Page No. 446 of 447
Exclusive Negotiating Agreement with BayEcotarium for Recreation Gateway Area City of Gilroy City Council Page 4 of 4 February 5, 2024 necessitate expenditures. No fiscal impacts are expected with the proposed creation of an ad hoc committee.
PUBLIC OUTREACH
This item was included on the preliminary agenda for this City Council Meeting. Any future actions related to the property will include public outreach.
NEXT STEPS
As the next step, staff proposes to enter into a one hundred twenty (120) day exclusivity agreement with BayEcotarium to continue business discussions for the potential sale and development of the Gilroy Gardens hillside property as a recreation and tourism destination.
In addition to entering into the exclusivity agreement, staff proposes creating an ad hoc committee of three (3) Councilmembers and the City Administrator who would serve as members of the City’s negotiating party.
After conducting due diligence, the Committee may propose a viable framework of deal points. If a sale of the property is viable, additional studies and reports may need to be conducted. Any future agreement would be subject to the approval of both parties’ respective governing bodies or executive representatives. The proposed framework would be used to draft a mutually beneficial contract.
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