Agenda Packet — Hercules City Council, July 25, 2023

Tuesday, July 25, 2023
7:00 PM
City of Hercules
111 Civic Drive
Hercules, CA 94547
City Council
Mayor Alex Walker-Griffin
Vice Mayor Dan Romero
Council Member Dion Bailey
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Eibleis Melendez, City Clerk
Meeting Agenda
In-Person in Council Chambers or
Zoom ID: 814 9190 8329
Zoom Passcode: 769973
Zoom Phone Number: 1 669 900 6833
1 July 25, 2023City Council Meeting Agenda
See last pages of agenda for information regarding meeting procedures To view webcast of meetings, live or on demand, go to the City's website at www.ci.hercules.ca.us I. CLOSED SESSION – CALL TO ORDER - ROLL CALL

NO CLOSED SESSION
II. PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
NONE
III. CONVENE INTO CLOSED SESSION
The Hercules City Council will meet in Closed Session regarding the following:

NO CLOSED SESSION
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL [7:00P.M] V. A. REPORT ON ACTION TAKEN IN CLOSED SESSION-

NO CLOSED SESSION
B. CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO

PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449
VI. PLEDGE OF ALLEGIANCE
VII. MOMENT OF SILENCE
VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS
IX. AGENDA ADDITIONS/DELETIONS
X. PUBLIC COMMUNICATIONS
This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.

Individuals wishing to address the City Council are asked to complete a form indicating the name and address of the speaker and the general topic to be addressed. Speakers must make their comments from the podium and will be allowed 3 minutes to discuss their concerns. All public comments are recorded and become part of the public record. A limit of 30 minutes will be devoted to taking public comment at this point in the agenda. If any speakers remain at the conclusion of the initial 30 minute period, time will be reserved at the conclusion of the meeting to take the remaining comments.

XI. PUBLIC HEARINGS

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2 July 25, 2023City Council Meeting Agenda
XII.

CONSENT CALENDAR

1. 22-611 Meeting Minutes for the Regular Meeting on July 11, 2023 Meeting Minutes for the Regular Meeting on July 11, 2023Attachments:

2. 22-609 Emergency Removal of Eucalyptus Trees in Refugio Valley Park RECOMMENDATION:

Receive a report from the Public Works Director regarding the emergency procurement of contract tree services for the removal of eucalyptus trees in Refugio Valley Park.

Staff Report - Emergency Removal of Eucalyptus Tress in Refugio Park Attach 1 - Arborist Report
Attach 2 - Tree Removal Proposal
Attach 3 - Purchasing Guidelines 09102019
Attachments:

XIII.

DISCUSSION AND/OR ACTION ITEMS

1. 22-607 Professional Services Agreement with CSG Consultants in the amount of $66,080 to complete a Building Facilities Condition Assessment including a 10-Year Capital Improvement Program RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to execute an agreement with CSG Consultants for a not to exceed amount of $66,080 to complete a Building Facilities Condition Assessment.

Staff Report - Building Facilities Assessment
Attach 1 - Building Facilities Assessment Resolution
Attach 2 - Building Facilities Assessment Agreement
Attach 3 - CSG Bios
Attachments:

2. 22-608 Development of a Local Road Safety Plan
RECOMMENDATION:

By minute order refer the development of the Draft Local Road Safety Plan (LRSP) to the Public Safety/Traffic Council Subcommittee.

Staff Report - Local Roads Safety PlanAttachments:

3. 22-610 Special Events Update 2023-24 FY
RECOMMENDATION:

Receive and discuss the report and provide feed back to staff.

Staff Report - Special EventsAttachments:

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3 July 25, 2023City Council Meeting Agenda
XIV. PUBLIC COMMUNICATIONS
This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.

XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

AND FUTURE AGENDA ITEMS
This is the time for brief announcements on issues of interest to the community. In accordance with the provisions of the Brown Act, matters which do not appear on this agenda but require City Council discussion may be either (a) referred to staff or other resources for factual information or (b) placed on a future meeting agenda.

1. Regional Committee

2. City Council Committees and Subcommittees

3. Commission Liaisons
XVI. ADJOURNMENT
The next Regular Meeting of the City Council will be held on Tuesday, August 8, 2023 at 7:00p.m. in the Council Chambers.

Agendas are posted in accordance with Government Code Section 54954.2(a) or Section 54956.

Members of the public can view electronic agendas and staff reports by accessing the City website at www.ci.hercules.ca.us and can receive e-mail notification of agenda and staff report postings by signing up to receive an e-notice from the City’s homepage. Agendas and staff reports may also be obtained by contacting the City Clerk's Office at (510) 799-8208 (Posted: July 20, 2023)

INSTRUCTIONS ON HOW TO PARTICIPATE AND WATCH THE HERCULES CITY COUNCIL AND PLANNING

COMMISSION HYBRID MEETINGS
Attend in Person: Hercules City Council Chambers – 111 Civic Drive, Hercules, CA 94547 Attend via Zoom Teleconference: Details provided below and zoom webinar login, passcode and phone numbers provided on the agenda cover.

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4 July 25, 2023City Council Meeting Agenda
How to Submit Public Comments
In Person: Attend meeting at the Hercules City Council Chambers, fill out a public speaker card located on the side table and submit it to the City Clerk.

Via Zoom: Members of the public may submit a live remote public comment via Zoom video conferencing.

Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here or go to: https://www.zoom.us/join. Zoom also allows you to join by phone at +1-669-900-6833 or +1-929-205-6099 or +1-253-215-8782. • Speakers will be asked to provide their name and city of residence, although providing this information is not required for participation.
• Each speaker will be allowed up to 3 minutes to speak and provide comment. A limit of 30 minutes will be devoted to taking public comment during the first public comment period on the agenda. If any speaker comments have not been accommodated prior to the initial 30 minute period, time will be reserved at the conclusion of the meeting for the remaining public comments. • Speakers will be muted until their opportunity to provide public comment.

When the Mayor opens the comment period for the item you wish to speak on, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide and press *6 to unmute.

Written Comments Submitted Electronically: All comments received before 3:00 p.m. the day of the meeting will be provided to the City Council prior to the meeting and posted to the City’s agenda website and located by clicking on the “meeting details” tab. Written comments received after 3:00 p.m. will be provided to City Council and posted to the agenda website the following day. Written comments will not be read aloud during the meeting. Email comments to [email protected]. Please indicate which item on the agenda you are commenting on in the subject line of your email.

Written comments submitted in person or via mail: Additional ways to provide your public comment is to either drop off your comment in person to the front desk receptionist located in the City Hall lobby or to mail your comment to City of Hercules, ATTN: City Clerk – Public Comment (Meeting Date), 111 Civic Drive, Hercules, CA 94547 in time to reach the City Clerk no later than 3:00 p.m. on the day of the meeting or you can submit your comment by telephone by calling (510) 799-8208 no later than 3:00 p.m. on the meeting date.

If you need assistance with public comment, please contact: Eibleis Melendez City Clerk at [email protected] or by calling (510) 799-8208.

All public comments will become part of the official meeting record. The City cannot guarantee that its network and/or the website will not be uninterrupted. To ensure that the City Council receives your written comments, you are strongly encouraged to submit your comments in writing in advance of the meeting by 3:00 p.m. on the day of the Council or Commission meeting.

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5 July 25, 2023City Council Meeting Agenda

OTHER WAYS TO WATCH THE MEETING
Live on Channel 28: City Council meetings will replay the following Thursday at 7:00 p.m. and Saturday at 1:00 p.m.

Planning Commission meetings will replay the following Wednesday at 7:00 p.m. and Saturday at 9:00 a.m.

Video Streamed Live on the City’s Website:

To view City Council and Planning Commission meeting videos online go to: Hercules Meeting Videos.

Instructions to view Live or On-Demand Videos from the City’s website:

1. Go to: Hercules Meeting Videos or https://hercules.legistar.com/calendar.aspx.

2. Locate the desired meeting and date.

3. Click the associated “Video” link (Video status is as follows):

Video = Video is available for on demand viewing.

In Progress = Video is available for viewing during live recording.

Not Available = Video is either unavailable or has not been recorded.

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6 July 25, 2023City Council Meeting Agenda

THE HERCULES CITY COUNCIL ADHERES TO THE FOLLOWING POLICIES,

PROCEDURES AND REGULATIONS REGARDING CITY COUNCIL MEETINGS

1. SPECIAL ACCOMMODATIONS: In compliance with the Americans with Disabilities Act, if you require special accommodations to participate at a City Council meeting, please contact the City Clerk at 510-799-8208 at least 48 hours prior to the meeting.

2. AGENDA ITEMS: Persons wishing to add an item to an agenda must submit the final written documentation 12 calendar days prior to the meeting. The City retains the discretion whether to add items to the agenda. Persons wishing to address the City Council otherwise may make comments during the Public Communication period of the meeting.

3. AGENDA POSTING: Agendas of regular City Council meetings are posted at least 72 hours prior to the meeting at City Hall, the Hercules Swim Center, Ohlone Child Care Center, and on the City’s website (www.ci.hercules.ca.us),

4. PUBLIC COMMUNICATION: Persons who wish to address the City Council should complete the speaker form prior to the Council's consideration of the item on the agenda.

Anyone who wishes to address the Council on a topic that is not on the agenda and is relevant to the Council should complete the speaker form prior to the start of the meeting. Speakers will be called upon during the Public Communication portion of the meeting. In accordance with the Brown Act, the City Council may not take action on items not listed on the agenda. The Council may refer to staff any matters brought before them at this time and those matters may be placed on a future agenda.

In the interests of conducting an orderly and efficient meeting, speakers will be limited to three (3) minutes.

Anyone may also submit written comments at any time before or during the meeting.

5. CONSENT CALENDAR: All matters listed under Consent Calendar are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Council or a member of the public prior to the time the City Council votes on the motion to adopt.

6. LEGAL CHALLENGES: If you challenge a decision of the City Council in court, you may be limited to raising only those issues you or someone else raised at the meeting or in written correspondence delivered at, or prior to, the meeting. Actions challenging City Council decisions shall be subject to the time limitations contained in Code of Civil Procedure Section 1094.6.

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7 CONSENT CALENDAR

AGENDA ITEMS

1. 22-611

2. 22-609
8 111 Civic Drive
Hercules, CA 94547City of Hercules
Meeting Minutes
City Council
Mayor Alex Walker-Griffin
Vice Mayor Dan Romero
Council Member Dion Bailey
Council Member Chris Kelley
Council Member Tiffany Grimsley
Dante Hall, City Manager
Patrick Tang, City Attorney
Eibleis Melendez, City Clerk
6:00 PMTuesday, July 11, 2023
In-Person in Council Chambers or
Zoom ID: 823 6425 2887
Zoom Passcode: 267119
Zoom Phone Number:1-669 444 9171
I. CLOSED SESSION – CALL TO ORDER - ROLL CALL [6:00 P.M.]

IA CONSIDER AND TAKE ACTION ON ANY REQUEST FROM A COUNCIL MEMBER TO

PARTICIPATE IN A MEETING REMOTELY DUE TO JUST CAUSE OR EMERGENCY CIRCUMSTANCES PURSUANT TO AB 2449

IB SPECIAL MEETING - CLOSED SESSION
Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley

Present: 5 -
II.

PUBLIC COMMUNICATION - CLOSED SESSION ITEMS
NONE
III. CONVENE INTO CLOSED SESSION
City Attorney, Patrick Tang, introduced the Closed Session Item. City Council and Staff proceeded into Closed Session at approximately 6:04.

The Hercules City Council will meet in Closed Session regarding the following:

1. 22-598 Conference with Legal Council - Anticipated Litigation Significant exposure to litigation pursuant to California Code § 54956.9(b) Meeting was paused

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22-611
9 July 11, 2023City Council Meeting Minutes
IV. REGULAR MEETING – CONVENE TO OPEN SESSION - ROLL CALL [7:00P.M] Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley

Present: 5 -
V. REPORT ON ACTION TAKEN IN CLOSED SESSION
City Attorney, Patrick Tang, stated that there is no final reportable action on the Closed Session item.

VI. PLEDGE OF ALLEGIANCE
Mayor Walker-Griffin lead the Pledge of Allegiance.

VII. MOMENT OF SILENCE
A Moment of Silence was held for retired Hercules Police Sergeant Larry Clarine, who recently passed away.

VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

1. 22-594
Animal Services Update
Presentation - Animal Services UpdateAttachments:

City Manager, Dante Hall, introduced the item. Steve Burdo, the Public Information Officer for Contra Costa Animal Services, presented. No public comment. Council asked questions and provided comment. Mr. Burdo provided a response.

IX. AGENDA ADDITIONS/DELETIONS
NONE
X. PUBLIC COMMUNICATIONS
NONE
This time is reserved for members of the public to address issues not included in the agenda. In accordance with the Brown Act, Council will refer to staff any matters brought before them at this time, and those matters may be placed on a future agenda.

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10 July 11, 2023City Council Meeting Minutes
XI. PUBLIC HEARINGS

1. 22-595 Landscaping and Lighting Assessment Districts - Hold Public Hearings for LLAD Nos. 83-2, 2002-1, 2002-2, 2004-1, and 2005-1 and Adopt Resolutions Confirming Diagrams and Assessments for Fiscal Year 2023/24.

RECOMMENDATION:

City staff is recommending City Council adopt the following resolutions:
a. Hold a Public Hearing and Adopt a Resolution Confirming Diagram and Assessments for FY 2023/24 for Landscaping and Lighting Assessment District No. 83-2 pursuant to the Landscaping and Lighting Act of 1972; and
b. Hold a Public Hearing and Adopt a Resolution Confirming Diagram and Assessments for FY 2023/24 for the Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1 pursuant to the Landscaping and Lighting Act of 1972; and
c. Hold a Public Hearing and Adopt a Resolution Confirming Diagram and Assessments for FY 2023/24 for the Hercules Village Landscaping and Lighting Assessment District No. 2002-2 pursuant to the Landscaping and Lighting Act of 1972; and
d. Hold a Public Hearing and Adopt a Resolution Confirming Diagram and Assessments for FY 2023/24 for the Baywood Landscaping and Lighting Assessment District No. 2004-1 pursuant to the Landscaping and Lighting Act of 1972; and
e. Hold a Public Hearing and Adopt a Resolution Confirming Diagram and Assessments for FY 2023/24 for the Bayside Landscaping and Lighting Assessment District No. 2005-1 pursuant to the Landscaping and Lighting Act of 1972.

Staff Report - FY 2023-24 LLAD
Attach 1(a)- 83-2 Resolution
Attach 1(b)- Victoria Resolution
Attach 1(c)- Hercules Village (Promenade) Resolution
Attach 1(d)- Baywood Resolution
Attach 1(e)- Bayside Resolution
Attach 2(a)- 83-2 LLAD FY 23-24 Final Report
Attach 2(b)- Victoria LLAD FY 23-24 Final Report
Attach 2(c)- Hercules Village (Promenade) LLAD FY 23-24 Final Report
Attach 2(d)- Baywood LLAD FY 23-24 Final Report
Attach 2(e)- Bayside LLAD FY 23-24 Final Report
Attachments:

Mayor Walker-Griffin introduced the Public Hearing Item. City Manager, Dante Hall, requested to continue the Public Hearing to a Special Meeting due to an update of information in one of the reports. City Manager Hall

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11 July 11, 2023City Council Meeting Minutes
recommended hearing the Staff Report and taking public comments on the item but continuing the Public Hearing item to a Special Meeting in the next week. Mayor Walker-Griffin opened the Public Hearing at 7:58 pm. No public comment. Action was taken on this item. Mayor Walker-Griffin announced the continuation of the Public Hearing at 8:02 pm.

MOTION: A motion was made by Council Member Bailey, seconded by Council Member Kelley, to continue this public hearing to Wednesday, July 19, 2023 at 4:30pm. The motion carried by the following vote:

Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
5 -
XII. CONSENT CALENDAR
MOTION: A motion was made by Council Member Kelley, seconded by Council Member Grimsley to adopt the Consent Calendar. The motion carried by the following vote:

Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
5 -

1. 22-597
Meeting Minutes for the Regular Meeting on June 27, 2023 Meeting Minutes for the Regular Meeting on June 27, 2023Attachments:

APPROVED
XIII. DISCUSSION AND/OR ACTION ITEMS

1. 22-593 Business Attraction Grant Program Guidelines
RECOMMENDED ACTION:

Staff requests that the Council:

1. Receive a staff report on potential clarification of the program guidelines;

2. Ask staff clarifying questions , if any;

3. Receive comments from the public, if any; and

4. By minute order, approve clarifications to the Business Attraction Grant program guidelines adopted on June 13, 2023. The Council may either:
a. Adopt only the staff-recommended clarifications; or
b. Adopt both the staff-recommended clarifications and a food service requirement
Attach 1 - Business Attraction Grant Guidelines
Presentation - Business Attraction guidelines
Attachments:

Community Development Director, Tim Rood, presented the item. No public comment. Council Members asked questions and provided comment. Director Rood provided a response. Action was taken on this item.

MOTION: A motion was made by Council Member Bailey, seconded by Council

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12 July 11, 2023City Council Meeting Minutes
Member Grimsley to approve option A, the staff recommended clarifications only.

The motion carried by the following vote:

Aye: Mayor A. Walker-Griffin, Vice Mayor D. Romero, Council Member D. Bailey, Council Member C. Kelley, and Council Member T. Grimsley
5 -

2. 22-596
Council’s Healthcare Benefits
RECOMMENDATION:

That the City Council will receive information regarding of Council Healthcare Benefits and provide direction
Staff Report - City Council Compensation Report
Attach 1 - City Council Compensation Comparison with surrounding cities
Attach 2 - City Council Monthly Pay & Benefits
Attach 3 - Resolution 11-119 Terminate PERS Benefit
Attach 4 - 17-054 - Resolution for Reinstating Limited Health Care Benefits, not to exceed $45,000
Attachments:

Finance Director, Edwin Gato, introduced and presented the item. No public comment. Council Members asked questions and provided comment. Director Gato and City Attorney, Patrick Tang, provided a response. Action was taken on this item.

MOTION: A motion was made by Council Member Bailey, seconded by Council Member Grimsley, to direct Staff to come back to Council with a Resolution that would remove the health care benefit option in the future as part of the Council compensation. The motion carried by the following vote:

Aye: Mayor A. Walker-Griffin, Council Member D. Bailey, and Council Member T.

Grimsley
3 -
Nay: Vice Mayor D. Romero, and Council Member C. Kelley2 - XIV. PUBLIC COMMUNICATIONS
NONE
This time is reserved for members of the public who were unavailable to attend the Public Communications period during Section X of the meeting, or were unable to speak due to lack of time. The public speaker requirements specified in Section X of this Agenda apply to this Section.

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13 July 11, 2023City Council Meeting Minutes
XV. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE REPORTS

1. Regional Committees

2. City Council Committees and Subcommittees

3. Commission Liaisons
City Manager, Dante Hall and City Attorney, Patrick Tang, had no announcements.

1.Regional Committees:

Council Member Kelley attended a CCTA event. Council Members Grimsley, Kelley, Bailey and Mayor-Walker Griffin attended the Contra Costa Mayors Conference.

2. City Council Committees and Subcommittees:

No reports were given.

3. Commission Liaisons:

No reports were given.

Community Events:

Council Members reported out on a variety of events that they attended throughout the City and County. Some of which included the fourth of July fireworks event. Council Members thanked Staff for a well organized event.

Council Members also expressed how much they enjoyed reading to kids at the library.

Future Agenda Items:

Council Member Grimsley proposed that we present a Proclamation to the Han family.

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14 July 11, 2023City Council Meeting Minutes
XVI. ADJOURNMENT
Mayor Walker-Griffin adjourned the meeting in memory of Sergeant Larry Clarine at 8:30pm.
_________________________________
Alex Walker-Griffin, Mayor
Attest:
_______________________________
Eibleis Melendez, City Clerk

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15 CONSENT CALENDAR

AGENDA ITEM

2. 22-609
16 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 25, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Mike Roberts, Public Works Director/City Engineer Edwin Gato, Finance Director
SUBJECT: Emergency Removal of Eucalyptus Trees in Refugio Valley Park RECOMMENDED ACTION:

Receive a report from the Public Works Director regarding the emergency procurement of contract tree services for the removal of eucalyptus trees in Refugio Valley Park.

BACKGROUND:

On July 5, 2023, the City Manager declared an emergency to immediately remove approximately 40 hazardous eucalyptus trees in Refugio Valley Park based upon the recommendation of the City Engineer and assessment of a consulting licensed arborist .

The trees are concentrated in the highest -use areas including the parking lot, picnic tables, and children’s play structure at the south end of the park . These areas were cordoned off with orange construc tion fencing and posted with “Keep Out” signs. The tree removal began Wednesday, July 12 and is anticipated to take up to 2 weeks to complete.

ANALYSIS:

The City’s purchasing guidelines include special exemptions for soliciting bids for emergency work (Section 5.5 Emergency Purchase) . For purchases made under emergencies or “crisis” conditions, where there is an immediate threat to health and safety, the City has wider latitude to do what is necessary to protect lives and prevent further damage, including pursuing sole source or no bid procurement. In this instance, the City secured a bid from Hercules Tree Service to complete the work for $89,500. 22-609
17 Given the circumstances, the Finance Director has determined the emergency procurement process used is consistent with the City’s Purchasing Guidelines. The Purchasing Guidelines also require the Finance Director to submit to the City Council a list of all emergency purchases for goods or services costing more than $50,000 per vendor with an explanation of the circumstances of each.

FISCAL IMPACT:

The cost of removing approximately 40 eucalyptus trees in Refugio Valley Park is $89,500. There are sufficient funds in the General Fund Capital Reserve to fund this work.

ATTACHMENTS:

1. Arborist Report

2. Tree Removal Proposal

3. Purchasing Guidelines
18 SBCA TREE CONSULTING
1534 Rose Street, Crockett, CA 94525
Phone: (510) 787-3075
Fax: (510) 787-3065
Website: www.sbcatree.com

Steve Batchelder, Consulting Arborist Molly Batchelder, Consulting Arborist WC ISA Certified Arborist #228 WC ISA Certified Arborist #9613A CUFC Certified Urban Forester #134 ISA Tree Risk Assessment Qualified CA Contractor License #(C-27) 53367 E-mail: [email protected] E-mail: [email protected]

Date: June 29, 2023
To: Jeff Brown, Public Works Superintendent
City of Hercules
111 Civic Dr.

Hercules, Ca. 94547

Subject: Refugio Park Tree Risk Assessment

Assignment: SBCA Tree Consulting was requested to review trees within the Refugio Park perimeters in the context of tree safety.

2020 Scope: The scope of the 2020 survey was identified by Public Works and includes trees located within Refugio Park. Trees growing in the natural wooded area adjacent to the creek (mostly shrubs and willows) were not included. The Coast Live Oaks (Quercus agrifolia) which have developed naturally on the northeastern slope were not included in the survey since none pose a safety concern. Early structural pruning for the oaks is discussed in this report.

2023 Scope: A number of trees have been removed since the initial survey was conducted in July 2020. Recent limb failures on the remaining trees have prompted the City to have areas with higher target values reassessed. Trees in these high target areas were reviewed as stands. Removals that have occurred since 2020 have not been updated in the excel tree data sheets.

Introduction
The purpose of the tree survey is to understand the risks associated with the Eucalyptus trees, as well as other park trees located in significant target areas where tree safety is of greater concern. This report provides discussion of the present structural integrity of the Eucalyptus as well recommendations for action to enhance park safety.

This report provides data on the 388 trees surveyed in the context of the guidelines presented in the Tree Risk Assessment Manual, Second Edition published by the ISA (International Society of Arboriculture.

Appendix 1 provides the complete survey data for all trees. Data references trees by tree number, species, and diameter. An individual number tag has been attached to each tree on the north side and corresponds to the data entry.
19 Appendix 2 contains the tree location map. A yellow dot with a number corresponding to the metal tag locates each tree on a Google map. This is a basis for tree location and should be considered generally accurate. Due to the proximity of many of the trees, some areas do not show individual tree locations but instead provide numbers for the group.

The risk assessment is valid for two years. In that time, pruning and removals that have been recommended must be completed. If not completed, it is recommended that the trees designated for pruning or removal be reassessed.

Summary
Recommendations 2023 – Many of the Eucalyptus viminalis located in the park have reached the end of their safe and future life expectancies. The risk associated with large branch failures is higher than the City’s threshold for safety. Removal of all trees within a stand at one time is most practical from a cost perspective and future safety. When trees in a stand are only partially removed, the remaining trees will become subject to additional wind forces, thereby increasing the potential for failure during high wind events.
• Immediate action – It is recommended that 37 additional trees be removed and replaced to eliminate risk. This entails removal of all remaining trees numbered 12 through 69. These trees are concentrated in the highest target areas surrounding the parking lot and children’s play area. The history of failure shows that large branch failures can happen without warning and are difficult to predict. Tables and benches under these trees can be fenced off until tree removal is complete. Signs can be posted which read: “Eucalyptus trees are dropping large branches without warning. Keep Out.”
• Future action –A plan to remove and replace all Eucalyptus can be found under recommendations on pages 9-10 of this report.
• New tree planting – There are a number of exciting oak species available in nurseries that make excellent park trees. Many have drought tolerant characteristics and are better suited for the future than the present Eucalyptus. Some species to consider for replacement planting:
o Cork Oak (Quercus suber)
o Island Oak (Quercus tomentella)
o Netleaf Oak (Quercus rugosa)
o Mexican Blue Oak (Quercus oblongifolia)
o Engelman Oak (Quercus engelmannii)
o Chisos Oak (Quercus canbyi)
o Texas Red Oak (Quercus buckleyi)
o Graves Oak (Quercus gravesii)
o Silver Leaf Oak (Quercus hypoleucoides)
o Chinquapin Oak (Quercus muehlenbergii)
o Southern Live Oak (Quercus virginiana ‘Sky Climber’)
o Macedonian Oak (Quercus trojana)
20 Recommendations 2020 – The survey tagged and recorded data on 388 trees. The most numerous of the 13 species identified was the Eucalyptus camadulensis with 317 trees. The next three most numerous species are London Plane (Platanus x hispanica) with 20 trees and the two additional Eucalyptus species, Eucalyptus sideroxylon and Eucalyptus polyanthemos with 15 trees and nine trees, respectively.

Eleven trees were found to represent an Extreme-risk or High-risk and require prompt pruning or removal.

A total of 170 trees are recommended for removal for different reasons. Extreme-High-Moderate-risk trees are to be removed within the next two years. If Low-risk trees are not removed, these trees must be reviewed again in two years.

A total of 179 trees are recommended for pruning in the next two years. Primary pruning needs include end-weight reduction on heavy lateral stems and deadwood removal. The most critical are those trees in areas of high pedestrian use.

Risk Assessment Discussion
Tree removal and pruning was designated primarily to address health or structural concerns. Some smaller Eucalyptus are recommended for removal so that they do not grow large. Several Eucalyptus trees have been recommended for removal to reduce competition with native Coast Live Oaks trees, a species better suited to the area. Most are small seedling oaks; some are larger and quite valuable.

Low-risk trees are not considered to present an immediate safety concern. The recommendations note that several the trees can be either pruned or removed to attain the level of safety required.

Extreme and High-risk trees1 – The survey identified one (1) tree that was determined to be an Extreme- risk and is recommended for removal. Ten trees are considered a High-risk: six of these are recommended for removal; four are recommended for pruning. Ten of these trees are Eucalyptus; one is a Weeping Willow (Salix babylonica). Mitigation for Extreme and High-risk trees should be conducted as soon as is possible.

Moderate-risk trees2 – Thirty-four (34) trees were determined to be a Moderate-risk. Twenty (20) trees require removal within the next year to mitigate risk; Six trees can receive pruning to remove heavy branch end weight and/or dead wood; Eight trees have an option of either pruning or removal. 1 “Extreme-risk situations should be mitigated as soon as possible. Immediate action may be required to restrict access to the target zone. High-risk situations should be mitigated as soon as it is practical” (Dunster, Julian A. Tree Risk Assessment Manual, Second Edition. U.S.A.: International Society of Arboriculture, 2017. Print. 2 Moderate-risk situations may not require mitigation but, if deemed necessary, could be mitigated when budget, work schedule, or pruning cycle allows. If the risk is acceptable to the client, the tree(s) could be retained and monitored” (Dunster).

21 Low-risk3 – Three-hundred forty-three (343) are Low-risk trees. One-hundred twenty-eight (128) are recommended for removal; these trees require removal or reassessment in two-years. One-hundred and twenty-five (125) trees are recommended for safety pruning. Eight trees can either be pruned or removed.

Table 1. Table below shows the levels of risk posed by the different tree species.

Species
Common
Name
Total
Amount
Low
Risk
Moderate
Risk
High
Risk
Extreme
Risk Comments
1 Acacia
melanoxylon
Blackwood
Acacia 1 1 0 0 0 Nice tree, in contact with
adjacent Eucalyptus
2 Alnus
rhombifolia
White
Alder 1 1 0 0 0
Minor tip dieback, may be
running out of soil volume,
otherwise nice tree
3 Eucalyptus
camaldulensis
Red River
Gum 317 278 30 8 1
Planted as a monoculture in tight
spacing. Trees are nearing the
end of their Safe and Useful life
expectancies.
4 Eucalyptus
polyanthemos
Silver
Dollar
Gum
9 9 0 0 0 Likely mistakenly planted as E.
camadulensis
5 Eucalyptus
sideroxylon
Red Iron
Bark 15 14 0 1 0
All located at top of slope
adjacent to residences. Species is
notorious for poor structure.
6 Pinus radiata Monterey
Pine 6 5 1 0 0
#12 adjacent to Refugio Valley
drive has a moderate risk and
requires DW removal
7 Platanus x
hispanica
London
Plane 20 20 0 0 0
Trees located at entrance drive
are overall in good condition; #10
is an excellent specimen; Trees
located behind bathrooms are not
thriving likely due to inadequate
soil volume, have poor aesthetics,
and are recommended for
removal
8 Populus
fremontii
Fremont
Poplar 4 3 1 0 0
Located at NE corner of park near
creek; Not thriving with poor
structures.
9 Populus nigra
‘Italica’
Lombardy
Poplar 6 4 2 0 0
Two are recommended for
removal; Three require removal
of dead wood
10 Prunus
serrulata
Flowering
Cherry 1 1 0 0 0 Dedicated tree
11 Salix
babylonica
Weeping
Willow 2 1 0 1 0
#341 is in terrible structural
condition; #70 is iconic to the
park
3 Low-risk trees should be retained and monitored (if appropriate) and/or mitigated, if desired, when the budget, work schedule, or pruning cycle allows” (Dunster).
22 12 Salix
lasiolepis
Arroyo
Willow 5 5 0 0 0
Adjacent to Refugio Valley Rd.

Pruning recommended to remove
dead wood and lighten heavy
lateral branches
13 Washingtonia
robusta
Mexican
Fan Palm 1 1 0 0 0 No issues, Remove dead fronds
Totals: 388 343 34 10 1
Mitigation– A total of 170 trees are recommended for removal. One-hundred seventy-nine (179) trees are recommended for pruning: end weight reduction pruning is recommended for 101 trees to reduce branch failure potential; 76 trees require dead wood removal over paths, parking lots, streets, and residences; 2 trees are recommended to receive structural pruning to improve scaffold structure.

Table 2. Table below shows the breakdown by species with pruning and removal recommendations.

Species Common Name
Total
Amount
Structural
Pruning
Deadwood
Removal
End-
weight
removal
Remove
Tree
1 Acacia melanoxylon Blackwood Acacia 1 0 0 0 0
2 Alnus rhombifolia White Alder 1 0 0 0 0
3 Eucalyptus
camaldulensis Red River Gum 317 2 64 90 165
4 Eucalyptus
polyanthemos Silver Dollar Gum 9 0 3 2 5
5 Eucalyptus
sideroxylon Red Iron Bark 15 0 0 0 9
6 Pinus radiata Monterey Pine 6 0 1 3 1
7 Platanus x hispanica London Plane 20 0 0 1 8
8 Populus fremontii Fremont Poplar 4 0 0 0 3
9 Populus nigra
‘Italica’ Lombardy Poplar 6 0 3 1 2
10 Prunus serrulata Flowering Cherry 1 0 0 0 0
11 Salic babylonica Weeping Willow 2 0 0 0 1
12 Salix lasiolepis Arroyo Willow 5 0 4 4 1
13 Washingtonia
robusta Mexican Fan Palm 1 0 1 0 0
Totals: 388 2 76 101 170

TRAQ Basic Risk Assessment Investigation
Arborist investigation in June 2020 entailed the following:
23 • Level of assessment – The inspection procedure is The International Society of Arboriculture’s Best Management Practices: Basic Tree Risk Assessment (TRAQ). • Visual inspection of upper crown – Visual inspection of crown, trunk and surrounded soil area was conducted from the ground.
• Rubber mallet – The lower 8 feet of trunks were sounded with a rubber mallet to detect hollowness/internal decay.

Scope of Work and Risk Assessment Methodology
Identify target– People who could be injured, property that may be damaged, or activities that could be disrupted by tree failure.
➢ People on the path
➢ Cars and people in parking lot
➢ Cars and people on Refugio Valley Rd and Sycamore Ave. ➢ Residential structures and people within to the East
➢ People on slope

Identify conditions of concern – The tree parts that could fail and the likelihood of failure within a 2-year period. The follow abbreviations have been used in Appendix 1, Tree Survey Data. ➢ T is Trunk – Main stem failure
➢ PB is Primary Branch – Stem failure
➢ STB is Secondary or Tertiary Branch – Stem failure
➢ R is Roots – Root failure

Estimate likelihood of impacting the target – Determined by the amount of time one of more targets are within the target zone, as well as factors present that could protect the target from impact. ➢ Refugio Valley Road and Sycamore Ave have a Frequent Occupancy Rate ➢ Paved walking paths have a Frequent Occupancy Rate
➢ Dirt walking paths have an Occasional Occupancy Rate
➢ Park turf areas have a Frequent Occupancy Rate
➢ Steep slope areas have a Rare Occupancy Rate
➢ Residential structures to the East have a Constant Occupancy Rate

Estimate consequences of failure – The value of the target and the potential injury, damage, or disruption that could be caused by the impact of the failure. ➢ Consequences of failure should the tree impact a target. Based on likelihood of failure, likelihood of failed part impacting the target.
24 Designate risk – Using the Tree Risk Assessment Matrix to the right.

Time frame –This tree risk assessment allows 2 years of action provide pruning mitigation to lower tree risk or remove tree to eliminate risk. The assessment is based upon the failure potential under “normal” weather conditions.

Discussion of Eucalyptus Tree Structural Integrity
There are several factors that impact the structural safety of the Eucalyptus trees. Some are inherent and a number are the result of pruning care.

History of failure – Many Eucalyptus trees have experienced large mainstem or secondary stem failures, sometimes multiple times on the same tree. While conducting our survey over the past month, we witnessed two large branch failures during windy days. Understanding the reasons why failure occurs provides information to help assess the likelihood of failure on the same tree or adjacent tree when a similar defect is present. Trees that experience one type of failure are more likely to experience the same failure again.

Tree aspect ratio –Aspect ratio is the diameter of the branch relative to the diameter of the trunk, both measured immediately above the union. Branches with a small aspect ratio are very well attached to the trunk; those with a large aspect ratio separate more easily from the trunk (Ed Gilman) Over 98% of Eucalyptus trees surveyed were noted with a large aspect ratio, or branches with diameters that are over 50% the diameter of the main stem. It is our professional opinion that most of the previous stem failures were in part a result of large aspect ratios.

The branch aspect ratio can be made smaller by slowing the growth rate of the branch relative to the trunk. The best way to do this is by pruning to remove foliage from the outer portion of the branch.

Foliage should be removed from the
outer one-third of the stem, and
rarely interior stems.

Codominant stems – Trees having
codominant stems (two or more
primary stems of equal size) have a
greater potential for failure.

Codominance is a high aspect ratio.

Single stem dominance can be
encouraged through early structural
pruning.
25 Stem taper – Many of the Eucalyptus trees lack sufficient taper on long stems. Branch taper is impacted by the loss of interior stems that provide a source of carbohydrates for wood (xylem) generation. When taper is insufficient, branches typically fail at the weakest point in accordance with wood strength and laws of physics.

It is our professional opinion that many of the previous stem failures were in part a result of poor stem taper.

Tree spacing – Many of the Eucalyptus trees were planted closer than 10 feet apart. Planting large stature trees in such narrow spacing limits branching development which reduces tree wind buffering ability. Trees are forced to reach for the light to be competitive, and lower branches die from lack of sunlight. Trees that have long overextended branches with reduced secondary, tertiary, quaternary etc. branches (poor taper) are more subject to branch failure.

Lion’s tailing – This type of pruning entails the removal of inner branches, leaving foliage concentrated at branch ends. The loss of the interior branches reduces branch taper and leaves wounds that often lead to decay and branch failure. Lion’s Tailing is never a good practice and is exhibited in many of the Eucalyptus trees in Refugio Park. It is also the case that some trees lions tailed themselves due to light competition from adjacent trees in proximity.

Safety pruning and tree removal – End weight reduction pruning has been recommended for 101 trees.

One-hundred seventy trees have been recommended for removal. The bullet points below provide guidance on how best to carry out the safety mitigation. • Heading cuts are counterproductive. When stems are cut to a location where there is stub or the branch left to take the lead is less than half the size of the cut, the potential for future stem failures is increased. Pruning must avoid such cuts.
• Epicormic sprouts are new stems sprouts resulting from heading cuts or severe pruning. Such stem sprouts are weakly connected to the stem and often grow rapidly and fail due to the weak attachment. Epicormic sprouts should not be allowed to become large. • Included bark is common defect that is most serious when stems are codominant. This is a narrow angle of attachment between two stems that causes the bark to be included between the stems, precluding wood attachment. Codominant stems attached with included bark are structurally problematic and require pruning to remove or subordinate the branch likely to fail. • Unbalanced branch weight causing twisting. A twisting break is identifiable by the angle at which the brake occurs. Most stem failures occur due to a twisting action when unbalanced by the wind. Pruning must address balancing.
• Hazard Beam splitting, or a split in the middle of a branch longitudinally between tensile and compression wood. This defect is most common when a stem develops an upward sweep before growing more horizontally. The growth causes a crack in the middle of the stem between tensile and compression wood. Such branches have a higher risk of failure. • Fiber-Buckling is the buckling of compression wood below branches near the point of attachment. This shows how a tree is responding to an over-weighted branch. Branches that display such signs are pruned to subordinate.
26 • Stand dynamics and changes in wind forces is a significant concern when planning to remove multiple trees in a closely planted stand. The wind forces on the trees that remain are altered from what was normal; the remaining trees become vulnerable to increased wind forces not previously experienced. It is often the case that the remaining trees must receive increased scrutiny regarding removal or pruning needs.

Observations and Recommendations

Tree removal and replacement – Other than trees recommended for prompt removal or pruning, issues can be addressed over the next two years. Areas recommended to be focused on first are those with the highest target value: streets, parking lot, paved walking paths and structures.

Replacement planting is most easily accomplished when all trees from the planting area are removed.

This will allow for a higher level of site preparation, more sunlight for the new trees, and less chance of damage to the new trees when the present trees are finally removed.

Tree spacing – It cannot be expected that the same number of trees removed will be planted due to the previous tight spacing. Spacing should consider the mature spread of the species. For closer planting, it is best to consider small stature trees or trees with a “fastigiate” or upright form.

Tree species diversity – Here is an excellent article by Greg McPherson about healthy urban forests- https://www.fs.fed.us/psw/publications/mcpherson/psw_2013_mcpherson002.pdf. McPherson has participated in urban forest studies for many cities, including Chicago and Sacramento. His findings are validated by statistical analysis. He says healthy urban forests are dependent on a diversity in “species dominance, age structure and pest threat”. In other words, diversity in tree species, mature stature size, lifetime expectancies, initial box sizes (which includes seedlings), and genus, are all equally important. It is recommended that diversity be championed in replacement planting for Refugio Park.

Northeastern slope – It is recommended that the native seedling oaks be encouraged to grow on the steep slope. Oaks will benefit from the removal of adjacent Eucalyptus due to less competition for light, water, and nutrients. It was noted than many young Coast Live Oak trees had been cut during the previous fire clearance efforts.

Structural pruning of young oaks – Early structural pruning is likely the most cost-effective maintenance a tree will ever receive. It determines the height of the first permanent branch, removes branches with defective attachments when they are small, and creates a tree with a low “aspect ratio” that is less likely to fail in later years.

Concluding Remarks
Renovation of Refugio Park’s canopy cover appears to be in order. Many of the existing trees are beyond their safe and useful life expectancy and, if not dealt with now, will continue to increase in associated risk.
27 Tree removal and replacement planting must consider the long-term implications on the park’s aesthetics and safety needs. The initial focus of work should be in areas having higher “target” values, such as the parking area, walkways, and seating areas. Tree removal and replanting can be coordinated so that as large areas are cleared of trees, site preparation and new tree planting can be carried out.

This method will pose less risk to newly planted trees when existing trees must be removed later.

This initial large-scale removal of problematic park trees can be understood as in opportunity to replant with more appropriate tree species and increased species diversity.

Replacement tree planting is most effective when done correctly: appropriate species selection, selecting good quality nursery stock, planting site preparation, and proper root ball preparation. The original park architect, Peter Walker and Partners, should be contacted regarding any park renovation plans.

Most efficient long-term tree management occurs when the most problematic trees are removed every year, some mature trees are pruned for safety, new trees are planted, and newly planted trees receive early structural pruning. Early structural pruning is likely the most important and cost-effective maintenance a tree will ever receive.

End Report
Report submitted by:

Steve Batchelder, Consulting Arborist
ISA Certified Arborist WE 228A
CaUFC Certified Urban Forester #138
Calif. Contractor Lic. (C-27) 533675

Molly Batchelder, Consulting Arborist
WC ISA Certified Arborist #9613A
Tree Risk Assessment Qualified (TRAQ)
Appendix items

1. Tree Survey Data

2. Tree Location Map

3. Photos
28 Honorific
P.O. Box 5146
Hercules Tree Service Landscape Construction
Proposal
Hercules, CA 94547
510-799-8733
Friday, June 30, 2023

Page 1 of 1 ends

Like Us On Yelp! We love 5 star reviews!
City of Hercules
Jeff Brown
111 Civic Dr
Hercules, CA 94547
Phone:510-799-8252
[email protected]
Salesperson:

Rich Cabrera
Below are the prices for your Project.

Worksite:
[email protected]
1301 Refugio Valley Rd
Hercules, Ca 945475107762195
City of Hercules 20230630
Insured • Bonded
CA Lic #974604
# Item Description CostQty
1 Eucalyptus Removal & Stump Grinding $89,500.0043
Area 1:
* Removal will take 3-5 hours per tree on average and will require that the work zone be clear of interference. We will remove the debris in an orderly and timely fashion. Trees will be tagged for removal.
*Grind all stumps approx. 1' Below grade.
* Provide traffic and pedestrian control.
* Projected start time Jun 10Th
* Length of project 4-7days
Signature Date
Thank You, Richard Cabrera Owner & OperatorP.O. Box 5146Hercules Ca 94547Office: 510.799.8733 Total: $89,500.00
Subtotal: $89,500.00
Tax: $0.00
29 CITY OF HERCULES

PURCHASING GUIDELINES
Adopted September 10
, 2019
30 i

TABLE OF CONTENTS

1. PURPOSE AND SCOPE ......................................................................................... 1

2. DEFINITIONS .......................................................................................................... 1

3. STANDARDS OF CONDUCT AND GENERAL REQUIREMENTS .......................... 3 4. APPROVAL AUTHORITY ........................................................................................ 5

5. TYPES OF PURCHASES ........................................................................................ 6

6. FEDERAL PROCUREMENT ................................................................................. 14

7. QUOTES ................................................................................................................ 16

8. PURCHASE REQUISITION ................................................................................... 18

9. FINANCE DIRECTOR
REVIEW ............................................................................. 19

10. PURCHASE ORDERS AND AGREEMENTS ........................................................ 19

11. BLANKET PURCHASE ORDER ............................................................................ 20

12. OTHER PURCHASING METHODS ....................................................................... 20 13. EXCEPTIONS TO REQUIREMENTS FOR PURCHASE ORDER OR AGREEMENT ................................................................................................... 21

14. MISCELLANEOUS PROCEDURES ...................................................................... 22

15. MONITORING AND OVERSIGHT OF RECEIPT OF GOODS OR
SERVI CES ........................................................................................................ 23

16. INVOICE PAYMENT PROCEDURES .................................................................... 24

17. UNAUTHORIZED PURCHASES ........................................................................... 24

18. SURPLUS PROPERTY ......................................................................................... 25

19. CAPITAL ASSETS ................................................................................................. 25 31 1

1. PURPOSE AND SCO
PE
These Purchasing Guidelines set forth the City’s policies for procurement of goods and services in compliance with all applicable state and federal law. All City procurements must be made in compliance with applicable California law and these Purchasing Guidelines. City procurements which are subject to federal funding, in whole or in part, including FEMA disaster aid, must also comply with the applicable Federal Procurement Requirements, as defined below, and as further specified in Section 6, Federal Procurement, below. (See 2 CFR § 200.317.)

2. DEFINITIONS
The following definitions apply to terms used in these Purchasing Guidelines, whether or not capitalized:

Blanket Purchase Order - A form used to obtain goods and services from vendors, who agree to honor a price for a given product for a given period of time. It differs from a regular purchase order because it does not have a fixed amount or quantity, and is used when the City cannot predict the amount or quantity of goods or services that will be needed.

CAL-Card Procurement Card – A procurement card using the Visa Network.

Contracted by the State of California with U.S. Bank, which is available to all public entities within the state.

Change Order - A change to an existing approved purchase order or written contract.

Cooperative Purchasing Agreement – A written agreement pursuant to which two or more public entities combine their purchase requirements to obtain lower prices through volume buying and to reduce administrative costs, and includes state or local intergovernmental agreements that are appropriate for procurement or use of common or shared goods or services.

Design Professional Services - Architectural, landscape architectural, environmental, engineering, land surveying, or construction project management services, which are subject to Article XXII of the California Constitution, and Government Code section 4529.10, et seq.

DIR – The California Department of Industrial Relations.

Emergency - An emergency is a sudden, unexpected occurrence that poses a clear and imminent danger and requires immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services, as declared by the City Manager.
32 2
Federal Procurement Requirements – The post federal award procurement requirements set forth in 2 CFR §§ 200.318 – 200.326, as may be amended from time to time, which apply to all federally funded procurements, and any additional federal requirements that apply to a particular procurement.

FEMA – The Federal Emergency Management Agency.

Maintenance – Routine, recurring, and usual work for the preservation, protection, and keeping of any City owned or operated facility for its intended purposes, as further defined in 8 CCR 16000.

Post-Consumer Recycled Materials - A finished material or product that has served its intended use and would not normally be disposed of as solid waste. Examples of post-consumer recycled materials include, but are not limited to old newspaper, office paper, yard waste, steel, glass, aluminum cans, plastic bottles, oil, asphalt, concrete and tires.

Public Works Contract - A public works contract subject to the procurement requirements in section 5.4, is a contract for a public project, which includes the construction, reconstruction, erection, alteration, renovation, improvement, demolition, repair work, painting or repainting involving any City owned, leased, or operated facility, but excluding maintenance. (See Public Contract Code section 22002(c).) Purchase Order - A form used to authorize procurement of goods or services from vendors. The purchase order spells out the specific items to be delivered, price, quantity, and delivery requirements, as well as terms and conditions, if not contained in a separate written agreement.

Purchase Requisition - An in-house electronic form used by departments to request a purchase order.

Relatively Permanent - A useful life of ten (10) years or longer.

RFP - Request for proposals transmitted to qualified vendors or service providers to seek a proposal that best meets the City’s needs.

RFQ - Request for qualifications transmitted to potentially qualified vendors or service providers to evaluate qualifications for providing required services.

Single Purchase - Item and/or items purchased as a single transaction.

Sole Source - A noncompetitive procurement method used when unique goods or services are available only from one source.
33 3
Vendor - A business or sole proprietor that may provide goods or services to the City of Hercules.

3. STANDARDS OF CONDUCT AND GENERAL REQ

UIREMENTS

3.1 Fair Competition. City personnel must discharge their duties impartially to ensure full and open competition for City business by responsible vendors. (See 2 CFR § 200.319.) In addition, they must conduct themselves in a manner that will create confidence in the integrity of the City’s purchasing operations. City personnel will treat all vendors equally and fairly, with equal information given to each vendor who participates in the procurement process. City personnel will ensure that all prequalified lists of persons, firms, or products used in acquiring goods or services are current and include enough qualified sources to ensure maximum open and free competition. City personnel may not place unreasonable restrictions on competition, including any of the following restrictions:
(A) Placing unreasonable requirements on vendors to qualify for the procurement;
(B) Requiring unnecessary experience and excessive bonding; (C) Noncompetitive pricing practices between vendors or affiliates; (D) Noncompetitive contracts to consultants that are on retainer contracts; (E) Organizational conflicts of interest;
(F) Non-compliance with sole source restrictions, and “or equal” requirements, including Public Contract Code section 3400; (G) Precluding potential bidders from qualifying during the solicitation period; and
(H) Any arbitrary action in the procurement process.

3.2 Conflicts of Interest. No employee, officer, or agent of the City may participate in the selection, award, or administration of a contract if he or she has a real or apparent conflict of interest.
(A) A conflict of interest includes any circumstances under which the employee, officer, or agent, or any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of those parties, has a financial interest in or a tangible personal benefit from a vendor considered for a contract. No officer, employee, or agent of the City may solicit or accept gratuities, favors, or anything of 34 4
monetary value from vendors or parties to subcontracts. Disciplinary actions, up to and includ
ing termination for cause, will apply to any
violation of these conflict of interest standards, in accordance with City policy, and/or, as applicable, a collective bargaining agreement, employment contract, or contract for services. (See 2 CFR § 200.318(c)(1).)
(B) City personnel may not accept gifts, rebates, kickbacks, personal services, or in any way incur personal gain from a vendor, or potential vendor, doing business with the City or otherwise violate laws pertaining to conflicts of interest, political contributions, or unlawful activities. (C) A City employee may not participate in the vendor selection process if the employee has 1) a financial relationship, as set forth in Government Code section 87100 et seq., with the person or firm seeking a contract, or 2) a real or apparent conflict of interest under California Government Code § 1090 or pursuant to the Federal Procurement Requirements. (D) All procurements must be made in compliance with the City’s policy for Prevention of Nepotism and Cronyism in Employment and Contracting, as set forth in the Article 4 of Chapter 3 of Title 2 of the City’s Municipal Code (section 2-3.401 et seq.).
(E) A vendor that develops or drafts specifications, requirements, statement of work, invitation for bids, RFQ, or RFP for a procurement must be excluded from competing for that procurement. (See 2 CFR § 200.319(a).)

3.3 Economical Approach. All procurements must be undertaken in a manner that will avoid acquisition of unnecessary or duplicative items, which may include consideration of consolidating or breaking out procurements, lease alternatives, and other appropriate analysis to determine the most economical approach, subject to the limits of applicable law, including prohibitions against bid-splitting. (See 2 CFR 200.318(d).)

3.4 Oversight. Each department must maintain oversight over its procurements to ensure that vendors perform in accordance with the terms, conditions, and specifications of the contracts or purchase orders, as further specified in Section 15, Monitoring and Oversight. (See 2 CFR § 200.318(b).)

3.5 Procurement Records. Records must be maintained for each procurement of goods or services documenting the history of a procurement, including (1) records of the rationale for procurement method, (2) selection of contract type, (3) contractor selection or rejection, and (4) the basis for the contract price. Procurement records must be maintained by each department. (See 2 CFR § 200.318(i).) 35 5

3.6 Dispute Resolution. Any and all protests, disputes, claims, and the like, arising from a procurement will be addressed promptly in accordance with go od
administrative practice and sound business judgment, and in compliance with all applicable legal or contractual requirements. (See 2 CFR § 200.318(k).)

3.7 Specifications and Requirements. All procurement solicitations should incorporate a clear and accurate description of the technical requirements or functions of the goods or services to be procured. However, such descriptions should not be drafted to unduly restrict competition among qualified vendors. (See 2 CFR § 200.319(c).)

3.8 Business License. Pursuant to Chapter 6 of Title 8 of the Hercules Municipal Code, Business License Tax, vendors are required to obtain a City of Hercules business license if the vendor is conducting business in the City whether or not they are located in the City limits.

3.9 Prevailing Wages. Public works projects and contracts for maintenance (excluding routine janitorial services) over $1,000, are subject to prevailing wage requirements set forth in the California Labor Code, beginning at section 1720. This includes any construction, alteration, demolition, installation, repair work, carpet- laying, certain tree-removal work, and certain hauling and delivery of ready-mix concrete. For procurements subject to prevailing wage requirements, the procurement solicitation and contract documents must include information on prevailing wage requirements and compliance as specified in the Labor Code. (A) DIR Registration. For each contract subject to prevailing wage requirements, the City may not accept a bid from or award a contract to any contractor or subcontractor that is not registered with the Division of Industrial Relations, as required under Labor Code section 1771.1.

Contracts for construction, alteration, demolition, installation, or repair work for $25,000 or less and maintenance contracts of $15,000 or less are exempt from this requirement.
(B) DIR Notification. For contracts subject to DIR registration requirements, Department Directors must ensure that a PWC-100 form is filed online with the DIR within 30 days after the contract is awarded, but no later than the first day that workers are employed on the project. City personnel are encouraged to file the PWC-100 as soon as possible following award to avoid the penalties that may be imposed for late filing. 36 6

4. APPROVAL

AUTHORITY

4.1 Over $50,000. All contracts in excess of $50,000 must be approved or authorized by the City Council, including expenditures that have been appropriated in the approved budget, except to the extent the Council has expressly delegated its approval authority, or as specified for emergency contracts pursuant to Section 5.5, Emergency Purchases, below.

4.2 Up to $50,000. All contracts up to $50,000 must be approved or authorized by the City Manager, except as expressly delegated to Department Directors.

5. TYPES OF PURCHASES
For the purpose of these Purchasing Guidelines, there are five types of purchases: 1) general purchase of goods, 2) general purchase of services, 3) design professional services, 4) public works contracts, and 5) emergency purchases. Guidelines for each of these five categories are set forth below. To the extent any of these procurements are federally funded, in whole or in part, in addition to the provisions set forth below, the procurement must also comply with the Federal Procurement Requirements. (See Section 6, Federal Procurement, below.)

5.1 General Purchase of Goods
(A) Goods up to $10,000. Procurement of goods costing up to and including $10,000 (excluding tax, shipping and handling) per vendor, per fiscal year are subject to the following provisions:
 Requesting two quotes encouraged, but optional, for purchases up to $5,000.
 Single purchases over $5,000 (excluding tax, shipping, and handling) require the request of three written quotes, evidence of which must be submitted with the invoice, including the request for quote.  Electronic quote submittals are acceptable.
 When goods are standardized or of uniform quality, the award will be given to the vendor with the lowest quote. If the goods are not standardized or not of uniform quality and the purchase is not awarded to the vendor with the lowest quote, an explanation of why as well as any documentation to support the decision must be maintained by the requesting department.
37 7
(B) Goods $10,000-$50,000. Procurement of goods costing over $10,000 and up to and including $50,000 (excluding tax, shipping and handling) per vendor, per fiscal year are subject to the following provisions:
 Request three written quotes, evidence of which must be submitted with the Purchase Requis
ition, including the request for quote.
 Electronic quote submittals are acceptable.
 When goods are standardized or of uniform quality, the award will be given to the vendor with the lowest quote. If the goods are not standardized or not of uniform quality and the purchase is not awarded to the vendor with the lowest quote an explanation of why as well as any documentation to support the decision must be submitted with the Purchase Requisition.
 Purchase Order is required prior to purchase made or commencing work unless otherwise authorized by the City Manager.
(C) Goods over $50,000. Procurement of goods costing more than $50,000 per vendor, per fiscal year:
 Request three written quotes, evidence of which must be submitted with the Purchase Requisition, including the request for quote.  Electronic quote submittals are acceptable.
 The $50,000 threshold applies to each separate project.  City Council must approve all purchases over $50,000 before a Purchase Order will be issued.
 Staff report submitted to City Council will include information regarding the quotes received, the recommended vendor selection, and the reasons for that recommendation.
 When vehicles and equipment are purchased with City Council approval, other parts and supplies that are purchased from the same vendor will be considered a separate purchase and will not require City Council approval until the total is over $50,000.
 When goods are standardized or of uniform quality, the award will be given to the vendor with the lowest quote. If the goods are not standardized or not of uniform quality and the recommendation is that the purchase not be awarded to the vendor with the lowest quote, an 38 8
explanation of why as well as any documentation to support the decision must be included in the staff report.
 Purchase Order is required prior to purchase being made or commencing work unles
s otherwise authorized by the City Council.
(D) Hardware/Building Supply Vendors. Procurements from hardware or building supply vendors are subject to the following provisions:
 In order for the efficient use of staff time, availability of materials and supplies as well as proximity to a project site will be determining factors in the selection of the vendor for day-to-day purchases.
 Unless specified otherwise, all other provisions in these Purchasing Guidelines are applicable to the procurement.
(E) Used Equipment or Furniture. Used equipment or furniture may be purchased if the cost can be demonstrated to be a significant savings over the equivalent item purchased new, and subject to the following provisions:
 Used equipment or furniture purchases must be approved by the appropriate Department Director and Director of Finance or City Manager.  Unless specified otherwise, all other provisions in these Purchasing Guidelines are applicable to the procurement.
(F) Recycled Products and Materials. Recycled products should be used whenever practical, including products manufactured with post-consumer recycled materials.

5.2 General Procurement of Services. The following provisions apply to general procurement of services, excluding public works or design professional services. (A) Up to $1,000. Services costing up to and including $1,000 per vendor, per project, per fiscal year, are subject to the following provisions:
 Requesting two quotes is encouraged, but optional, for services costing up to $1,000.
 Electronic quote submittals are acceptable.
 When services are standardized or of uniform quality, the award will be given to the vendor with the lowest quote. If the services are not standardiz
ed or not of uniform quality and the contract is not awarded to 39 9
the vendor with the lowest quote, an explanation of why as well as any documentation to support the decision must be maintained by the requesting department.
 Prior to services being performed, the Department Director must determine if a written agreement is required in addition to a Purchase Order after evaluating the level of risk based on the location and type of service being performed.
 If the Department Director determines that a written agreement is not required, an Agreement Determination Form will be signed by the Department Director and submitted with the invoice for payment.  If the determination is made that a written agreement is not required and additio
nal work puts the service over $1,000, an agreement will then be required.
 If the Department Director determines that a written agreement is required, the department will use a standard template agreement approved by the City Attorney.
 Contact the City Attorney or City Clerk for questions regarding requirements for written agreements.
(B) Services $1,000-$10,000. Services costing over $1,000 and up to and including $10,000 per vendor, per project, per fiscal year are subject to the following provisions:
 Requesting two quotes is encouraged, but optional, for services costing over $1,000 and up to $5,000.
 Procurements for services over $5,000 and up to and including $10,000 require the request of three written quotes, evidence of which must be submitted with the invoice, including the request for quote.  Electronic submittals are acceptable.
 When services are standardized or of uniform quality, the award will be given to the vendor with the lowest quote. If the services are not standardized or not of uniform quality and the agreement is not awarded to the vendor with the lowest quote, an explanation of why as well as any documentation to support the decision must be maintained by the requesting department.
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 A written agreement is required, using the City’s current standard template agreement, or a form otherwise approved by the City Attorney.  Maintenance services over $1,000, excluding routine janitorial services, are subject to prevailin
g wage compliance.
 Contact the City Attorney or City Clerk if needed regarding requirements for the written agreement.
(C) Services $10,000-$50,000. Services costing over $10,000 and up to and including $50,000 per vendor, per project, per fiscal year are subject to the following provisions:
 Request three written quotes, evidence of which must be submitted with the Purchase Requisition, including the request for quote.  Electronic quote submittals are acceptable.
 When services are standardized or of uniform quality, the award will be given to the vendor with the lowest quote. If the services are not standardized or not of uniform quality and the agreement is not awarded to the vendor with the lowest quote, an explanation of why as well as any documentation to support the decision must be submitted with the Purchase Requisition.
 A written agreement is required, using the City’s current standard template agreement, or a form otherwise approved by the City Attorney.  Maintenance services over $15,000, excluding routine janitorial services, are subject to prevailing wage requirements, including DIR registration.

See section 3.9 regarding DIR reporting requirements.
 Contact the City Attorney or Risk Manager for agreement questions if needed.
 Purchase Order is required prior to purchase being made or commencing work unless otherwise authorized by the City Manager.
(D) Services over $50,000 and over $100,000 on fully reimbursed general contracts. Services costing more than $50,000 and $100,000 on fully reimbursed contracts per vendor, per project, per fiscal year, are subject to the following requirements:
 Request three written quotes, evidence of which must be submitted with the Purchase Requisition, including the request for quote. 41 11
 Electronic quote submittals are acceptable.
 The $50,000 and $100,000 on fully reimbursed contract threshold applies to each separate scope of work or project.
 City Council must approve all agreements over $50,000 and $100,000 on fully reimbu
rsed contracts before a Purchase Order will be issued, subject to the exceptions specified in Section 2, above.
 Staff report submitted to City Council will include information regarding the quotes received, the recommended vendor selection, and the reasons for that recommendation.
 When services are standardized or of uniform quality, the award will be given to the vendor with the lowest quote. If the services are not standardized or not of uniform quality and the recommendation is that the agreement not be awarded to the vendor with the lowest quote, an explanation of why as well as any documentation to support the decision must be included in the staff report.
 Maintenance services over $15,000, excluding routine janitorial services, are subject to prevailing wage requirements, including DIR registration.

See Section 3.9 regarding DIR reporting requirements.
 All departments will use a standard template agreement, unless otherwise approved by the City Attorney.
 Contact the City Attorney or City Clerk if needed regarding requirements for the written agreement.
 Purchase Order is required prior to purchase being made or commencing work unless otherwise authorized by the City Council.

5.3 Design Professional Services. Procurement of design professional services is subject to the following provisions, as well as Article XXII of the California Constitution, and Government Code section 4529.10, et seq:
 Design professional services must be procured by a fair, competitive selection process based on demonstrated competence and professional qualifications necessary for the services.
 An RFQ, RFP, or combined RFQ/RFP procedure should be used to procure design professional services. The process must require compliance with all laws regarding political contributions, conflict of 42 12
interest, or unlawful activities. The RFQ or RF
P form must be approved by
the City Attorney’s office.

 A City employee may not participate in the selection process if the employee has a financial relationship with the person or firm seeking a contract.
 Unless specified otherwise, all other provisions in these Purchasing Guidelines are applicable to the procurement.

5.4 Public Works Contracts . Public works contracts must be procured in accordance with the California Uniform Public Construction Cost Accounting Act (“CUPCCAA”), depending on the dollar amount, as further specified in Public Contract Code section 22032, as may be amended from time to time, and as further specified below:
 Public works contracts of $60,000 or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order
 Public works contracts over $60,000 and up to $200,000 or less, must use the informal bid procedure specified in Chapter 4 of Title 7 of the Hercules Municipal Code, and Public Contract Code section 22034.  Public works contracts over $200,000 must use formal bidding procedures as specified in Chapter 4 of Title 7 of the Hercules Municipal Code, and in Public Contract Code section 22037.
 Immediately upon the effective date, any changes to the statutory threshold amounts in Public Contract Code section 22032, will apply to these Purchasing Guidelines and be deemed to amend the amounts set forth herein.
 Public works contracts must be awarded to the lowest responsible bidder.  Contracts over $10,000 require a Purchase Order prior to purchase being made or commencing work unless otherwise authorized by the City Manager or Director of Finance.
 Budgeted public works contracts up to $100,000 may be awarded by the City Manager or his/her authorized representative.
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 Public works contracts over $100,000 or unbudgeted contracts over $50,000 must be awarded by the City
Council before a Purchase Order
will be issued.
 Subject to prior approval of the City Council, design-build procurement may be used for qualified public works contracts in excess of $1,000,000, subject to the provisions of Public Contract Code section 22160 et seq., as may be amended from time to time. Any person or entity that performs services for the City relating to the solicitation of a design-build project, is disqualified from submitting a proposal to the City as a design-build entity or from joining the design-build team that is awarded the design-build contract.
 Staff report submitted to the City Council should include information regarding the bids received, including bid amounts, and recommended selection based on the lowest responsive bid from a responsible bidder.  Public works contracts must be awarded and administered in compliance with the applicable prevailing wage and DIR registration requirements set forth in Labor Code section 1720 et seq. See Section 3.9, above.  For questions regarding public works contracts, contact the City Attorney’s office.

5.5 Emergency Purchases. In an emergency, as defined in these Purchasing Guidelines, and as declared by the City Manager or City Council, essential goods and services may be obtained without following the City's usual procurement procedures.
(A) During Business Hours. An emergency arising or discovered DURING the City’s normal business hours is subject to the following provisions:
 The Finance Director or designee must confirm the declaration of the emergency with the City Manager.
 The Finance Director or designee will either issue a Purchase Order and purchase the required goods and services or authorize the responsible department to do so.
(B) After Business Hours. An emergency arising or discovered AFTER normal business hours is subject to the following provisions:
 City employees must obtain authorization from the City Manager before making purchases on an emergency basis.
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 If the City Manager is unavailable, contact the City Attorney or Department Director for emergency authorization.

 Any City employee who makes an emergency purchase after normal business hours must submit receipts to the responsible Department Director the following workday.

(C) Emergency Construction Services. A public works contract procured on an emergency basis, may be awarded in compliance with the emergency procedures set forth in Public Contract Code Section 22050, as may be amended from time to time.

(D) Reporting Emergency Purchases to Purchasing. For each emergency purchase made, the Department Director must, no later than five days thereafter, submit to the Finance Director a memo listing all expenditures, where the goods or services were used and include an explanation of the circumstances of the emergency that justified the use of emergency procedures.

(E) Reporting Emergency Purchases to City Council. The Finance Director will submit monthly to the City Council a list of all emergency purchases for goods or services costing more than $50,000 per vendor, made during the preceding month, with an explanation of the circumstances of each.

The Department Director will be responsible for responding to the City Council's questions about the emergency purchase.

6. FEDERAL PROCUREMENT

Any procurement made pursuant to a federal award or subject to reimbursement, in whole or in part, with federal funds must comply with the City’s procurement procedures, state law, and the applicable Federal Procurement Requirements, including 2 CFR §§ 200.322 (“Procurement of recovered materials”), 2 CFR § 200.323 (“Contract cost and price”), 2 CFR § 200.324 (“Federal awarding agency or pass-through entity review”), 2 CFR § 200.325 (“Bonding requirements”), and 2 CFR § 200.326 (“Contract provisions”). In the event of any conflict between City, state, or federal requirements, the most stringent requirement must be used. (See 2 CFR 200.318.) City personnel must comply with funding agency requests for review of technical specifications or procurement documents as provided in 2 CFR § 200.324.

6.1 General Federal Requirements and Recommendations

(A) Required Contract Provisions. Pursuant to 2 CFR § 200.326, contracts for federally-funded procurements must contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards.
45 15

(B) Solid Waste Disposal Act. Federally-funded procurements must comply with the Solid Waste Disposal Act, as further specified in 2 CFR § 200.322.

(C) Cost/Price Analysis. For federally-funded procurements in excess of the currently applicable Simplified Acquisition Threshold, including contract modifications, a cost or price analysis must be performed, and which must include making independent estimates before receiving bids or proposals. (See 2 CFR § 200.323.) Costs or prices based on estimated costs for federally-funded contracts are allowable only as provided in 2 CFR § 200.323.

(D) Profit Negotiation. For a federal contract awarded without price competition, profit must be negotiated as a separate element of price. To establish fair and reasonable profit, consideration must be given to the complexity of the work, the contractor’s risk, the contractor’s investment, the amount of subcontracting, record of past performance, and industry profit rates, as further specified in 2 CFR § 200.323(b).

(E) Excess or Surplus Property. When it will reduce project costs and is feasible, use of federal excess and surplus property is encouraged over purchasing new. (See 2 CFR § 200.318(f).)

(F) Value Engineering. For larger federally-funded construction projects, a provision for value engineering may be added to the construction contract, subject to prior authorization from the Department Director. A value engineering provision must include a clear procedure for submission, approval, and cost-sharing of savings, consistent with Public Contract Code section 7101, and approval as to form by the City Attorney. (See 2 CFR § 200.318(g).)

(G) Geographical Preferences. Notwithstanding the provisions of Section

7.5, Local Preference, geographical preferences may not be used for federally-funded procurements, unless expressly authorized by the awarding agency. (See 2 CFR § 200.319(b).)

(H) Time and Materials. A time and materials contract may not be used for a federally-funded procurement, unless the Director has determined that no other type of contract is suitable for the procurement, and provided the procurement complies with 2 CFR § 200.318(j). Similarly, a “cost plus” contract may not be used, as further specified in 2 CFR § 200.323.

46 16
(I) Intergovernmental Agreements. Use of intergovernmental agreements is encouraged where appropriate. (See 2 CFR § 200.318(e); and see Section 7.4, Cooperative Purchasing Agreements, below.)

6.2 Federal Contractor Requirements

(A) Responsible Contractors. Contracts will only be awarded to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement, with consideration given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. (See CFR § 200.318(h).) A contractor must also be “responsible” as determined under California law, including Public Contract Code section 1103.

(B) Small and Minority Businesses. The City will take all necessary affirmative steps, including those identified in 2 CFR § 200.321(b), to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.

6.3 Methods of Procurement. Depending on the type and amount of goods or services, the City will use one of the below methods of procurement, consistent with 2 CFR § 200.320 and as further described and defined in Section 5 of these Purchasing Guidelines.

(A) Procurement by micro-purchases. The City may acquire supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold in 2 CFR § 200.67. A micro-purchase contract may be awarded without soliciting competitive quotes provided the price is reasonable, unless otherwise specified under the City’s procurement procedures. To the extent practicable, the City will distribute micro- purchases equitably among qualified suppliers. (See 2 CFR § 200.320(a).)

(B) Procurement by small purchase procedures. The City may use simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the Simplified Acquisition Threshold in 2 CFR § 200.88. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. (See 2 CFR § 200.320(b).)

(C) Procurement by sealed bids (formal advertising). The City may publicly solicit sealed bids to be opened in public and award a fixed price contract to the lowest responsible bidder, in the manner required for formal bidding as specified in chapter 4 of Title 7 of the Hercules Municipal code, and in compliance with 2 CFR § 200.320(c)(1).

47 17
(D) Procurement by competitive proposals. The City may use this method when the conditions for use of sealed bids is not appropriate and more than one source submits an offer following a request for proposal. If the City uses this method, it must comply with the requirements of 2 CFR § 200.320(d), in addition to any other applicable City or state requirements, including, the requirements for procuring design professional services set forth in Section 5.3, Design Professional Services, above.

(E) Procurement by noncompetitive proposals. The City may solicit a proposal from only one source when the item is available only from a single source, the public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation, the federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the City, or competition is determined to be inadequate after solicitation of a number of sources. The procurement must comply with the provisions of Section

7.3, Sole Source Negotiated Agreements, below, in addition to the requirements set forth in 2 CFR § 200.320(f).

7. QUOTES

7.1 Requesting Department Responsibility. Requesting department will solicit, receive and evaluate quotes for goods and/or services as set forth below:

 All solicitations for quotes must include a written description of the goods or services to be purchased, including drawings, diagrams, or formal specifications if required.

 All requests for quotes must be made within the same timeframe to ensure fair competition.

 All requests for quotes must include a submittal deadline.

 If delivery is required, the quote must include delivery costs.

 All vendors will be treated equally and fairly at all times by all personnel, with equal information given to each vendor who participates in the procurement process.

7.2 Alternate Vendor. In the event that the lowest quoter is unable to provide the goods, an alternate vendor will be used in sequence of lowest quote, subject to prior approval from the Department Director or designee.

48 18

7.3. Sole Source Negotiated Agreements.

(A) It is the City's policy to encourage competition in procurements. However, a negotiated agreement may be used for purchases of unique goods or services that are available from only one source, subject to prior approval of the Finance Director.

(B) The requesting department is responsible for supplying the Finance Director with a concise written justification, approved by the Department Director or designee, for the sole source purchase. Requests for sole source procurements over $50,000 must be reviewed by the City Manager and approved by the City Council.

7.4. Cooperative Purchasing Agreements

(A) When it is in the City’s best interest, as determined by the Finance Director, departments may purchase goods or services through Cooperative Purchasing Agreements with other governmental or public agencies.

(B) Purchases through Cooperative Purchasing Agreements may be accomplished without soliciting competitive quotes.

(C) Departments seeking to use a Cooperative Purchasing Agreement must submit all information regarding the Cooperative Purchasing Agreement to the Finance Director.

(D) The Finance Director will submit the Cooperative Purchasing Agreement to the City Attorney’s office for review and approval as to form. It is the department’s responsibility to provide any additional information, if required by the City Attorney’s office, by submitting the information to the Finance Director.

7.5 Local Preference

(A) For the purchase of goods or servic es, excluding public works contracts, when two or more proposals or quotes are the same, in unit, quality, service and total cost, preference should be given to the vendor who operates within the planning area as defined in the City’s General Plan if the quote for services or taxable goods is:

 less than $10,000 and is within 5% of the lowest quote;

 more than $10,000 up to $500,000 and is within 3% of the lowest quote;

49 19
 more than $500,000 up to $1,000,000 and within 2% of the lowest quote;

 more than $1,000,000 and within 1% of the lowest quote.

(B) Notwithstanding the foregoing, for procurements subject to the Federal Procurement Requirements the City may not consider or use geographical preferences in the evaluation of bids or proposals, except as provided in 2 CFR § 200.319.

8. PURCHASE REQUISITION

8.1 A Purchase Requisition is required for a Purchase Order to be issued.

8.2 The requesting department prepares the Purchase Requisition in the manner specified by the Finance Director for the entire amount of the purchase including tax, shipping and handling, etc. and codes with the correct accounting code(s).

8.3 Prior to submitting the Purchase Requisition for approval by the Finance Director, all documents verifying compliance with these Purchasing Guidelines must be attached. These documents, as updated from time to time, may include:

 Written quotes with request for quote showing product specifications and quote tabulation, if appropriate.

 Staff report and executed resolution or voting log if executed resolution is unavailable, if required.

 Executed contract/agreement or amendment for services.

 Insurance and endorsements or bonds if required.

 Verification of City of Hercules business license if conducting business in the City of Hercules. If not required, add a note documenting why it is not required.

 Sole source memo including verification of sole source and authorization from the Finance Director or City Manager, as applicable.

8.4 The Finance Director’s approval will be granted provided the department has sufficient funds budgeted to pay for the purchase, all documents are attached to the Purchase Requisition and are acceptable, and the purchase is made in compliance with these Purchasing Guidelines.

50 20

9. FINANCE DIRECTOR REVIEW

If the Purchase Requisition is not complete and accurate, a Purchase Order will not be issued and the requesting department will be notified. If the Purchase Requisition is complete and accurate, see Section 8.

Quotes provided to staff occasionally include estimates of shipping and/or handling charges and sometimes estimated tax. Staff can make adjustments up to $100 to affected Purchase Orders. Any adjustments will be within the previously approved budgets adopted by City Council.

A Purchase Order is required prior to purchase being made or work commencing unless otherwise provided in these Purchasing Guidelines or as authorized by the City Manager.

10. PURCHASE ORDERS AND AGREEMENTS

10.1 With the exception of emergency purchases, Purchase Orders are required for all goods or services costing more than $10,000.

10.2 A Purchase Order will only be issued after the Finance Director or designee has approved the Purchase Requisition. Invoices for purchases requiring a Purchase Order will not be paid until a Purchase Order has been issued and approved.

10.3 Change Orders or amendments that increase Purchase Order amount over $50,000 require prior approval from the City Council. Documents verifying compliance with these Purchasing Guidelines as outlined in Purchase Requisition, Section 5.3 of these Purchasing Guidelines, must be submitted with the Change Order or amendment.

10.4 Written agreements must use the appropriate City Attorney-approved agreement template, unless otherwise approved by the City Attorney. Department Directors must obtain the most current form from the City Clerk’s office. Old forms should not be re-used because legal requirements may change.

10.5 Contracts must contain a clear and accurate description of the technical requirements for the procurement, all requirements which must be fulfilled by the contractor, and all factors to be used in evaluating bids or proposals.

11. BLANKET PURCHASE ORDER

11.1 Blanket Purchase Orders may use goods or services that are used by the City for ongoing operations, where vendors agree to honor a price for a given product or 51 21
service for a given period of time. The City may not know specifically how much of the product or service will be consumed or where or when it will be consumed.

11.2 Blanket Purchase Orders have the same requirements that are outlined in these Purchasing Guidelines as other goods or services.

11.3 Departments will be responsible for issuing Purchase Requisitions against Blanket Purchase Orders.

12. OTHER PURCHASING METHODS

12.1 Credit Cards. Credit card purchases are governed by these Purchasing Guidelines. A credit card can be used for items such as: authorized travel expenses, hotel reservations, business meeting meals, training, and ordering goods from vendors approved by the Department Director.

(A) The City Manager will be issued a credit card with a $10,000 limit to be used for City business expenditures only.

(B) The City Attorney will be issued a credi t card with a $5,000 limit to be used for City business expenditures only.

(C) Department Directors (with City Manager approval), and non-limited service employees (with Department Director approval) will be issued a credit card with a limit designated by the Department Director, not to exceed $5,000, to be used for City business expenditures only.

(D) It is the responsibility of every individual issued a credit card to reconcile and attach supporting documentation, with the appropriate account code(s), including Purchase Order number if applicable.

(E) The credit card statement and supporting documentation is to be forwarded to the Finance Director after the following approval:

 City Manager approves Department Director statements.

 Finance Director approves City Manager and City Attorney statements.

 Department Directors approve their staff’s statements.

12.2 Petty Cash. Petty cash may be used for purchases up to $50, subject to compliance with Administrative Policy #27.

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13. EXCEPTIONS TO REQUIREMENTS FOR PURCHASE ORDER OR AGREEMENT

The following items do not require the use of Purchase Orders and are not subject to the provisions of these Purchasing Guidelines except the requirement for a written agreement as otherwise specified in Section 3 of these Purchasing Guidelines:

 Annual maintenance payments
 Annual lease payments
 Employee benefits
 Bond and trust account payments
 Computer hardware/software maintenance
 Developer reimbursement agreements
 Escrow payments
 Insurance
 Pass-through payments
 Prepayments such as PG&E contract work

13.1 No Agreement and No Purchase Order: General

 Bank and trustee services and fees
 California Department of Public Health – Water Permit  City of Pinole - Wastewater
 Contra Costa County election costs
 Contra Costa County Local Enforcement Agency – Solid Waste Permit  Contra Costa County – Stormwater Utility Administration  County Health Inspection and SART Exams
 Department of Justice (live scan)
 Deposit accounts
 Employee reimbursements
 Employment health/medical services
 Fuel (gasoline/diesel)
 Membership/dues
 Offsite training expenses
 Permits when paid in one payment
 Postage
 Regional Water Quality Control Board – Wastewater Permit  Subscriptions
 Refunds
 Travel expenses
 Utility payments

13.2 No Agreement and No Purchase Order: Vehicle/Equipment Maintenance and Rental Equipment. The City Manager may grant signature authority, in writing, for certain maintenance and rental equipment. When a City employee is designated 53 23
in writing to sign for maintenance work or rentals, no agreement and no purchase order are required. This exception applies to:

 Vehicle Equipment Maintenance
 Rental Equipment

13.3 No Agreement and a Blanket Purchase Order: Amazon purchases. The Administrative Services Department will issue a Blanket Purchase Order for an amount not to exceed $50,000 for all purchases made through Amazon, including Amazon subsidiaries and subcontractors. Not-to-exceed amounts within the Blanket Purchase Order will be allocated by department. For these allocated amounts, no written agreement is required.

14. MISCELLANEOUS PROCEDURES

14.1 Pre-packaged “Out of the Box” Software Agreement. Pre-packaged “out of the box” software often requires the acceptance of terms of agreement in order to install, support or maintain the software. Since vendors will not change the terms of agreement, it becomes a business decision as to the need of the software and risk level faced and is subject to Department Director approval in consultation with the City Attorney. A software Purchase Approval form is required for all software agreements regardless of the dollar amount of software to be purchased.

14.2 Beginning/Mid-Year Over $50,000 Staff Report. Finance will prepare a staff report before the beginning of each fiscal year and at mid-year, if necessary, that will authorize the use of vendors for recurring services or goods amounting to over $50,000 for the upcoming fiscal year. Vehicles and equipment are not considered recurring for the purpose of this section. The over $50,000 staff report will list the vendor and the estimated cost of goods or services for the fiscal year. Departments will provide information to Finance including vendor name, purpose, estimated amount to be spent, quote tabulation sheet as well as providing copies of the request for quotes, quotes and/or agreement in order for the staff report to be prepared. Department representatives must be available at the City Council meeting to answer questions regarding the goods or services they are requesting.

14.3 Long-Term Agreements. All long-term agreements and/or Purchase Orders that have not been approved by City Council where a vendor holds the price from year-to-year must be re-quoted once every two years to ensure that the City is obtaining the best price for the goods and/or services.

14.4 Insurance Expiration Listing. Once per quarter, the Finance Director will send departments a listing of insurance expirations. It is the department’s responsibility to submit updated insurance information to the Finance Director.

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14.5 Delivery of Goods Only. A Purchase Order only, not an agreement, is required if a vendor is delivering goods and not providing any other services; there is no associated risk, e.g., for heavy equipment or supplies for construction; and the goods are not custom-ordered or fabricated for the City.

14.6 Product Warranties. Each department will keep all product warranties for goods or services purchased by that department.

15. MONITORING AND OVERSIGHT OF RECEIPT OF GOODS OR SERVICES

Upon receipt of the goods or services, the requesting department must inspect the items to determine if:

 the condition is acceptable,
 the purchase is complete,
 the specifications were met, and
 billed services have been completed satisfactorily.

15.1 If the items are acceptable and the service rendered is complete, the requesting department will approve the invoice and forward it to Accounts Payable.

15.2 If the items are not acceptable or incomplete, or the services were not provided as required, the requesting department will contact the vendor, or complete a requisition for a Change Order to the Purchase Order to reflect the differences.

15.3 If items are back-ordered and are to be delivered at a later date and the balance of the order is not received within 30 days, the requesting department will contact the vendor, or complete a requisition for a Change Order to the Purchase Order to cancel the balance of the order and reflect the differences.

15.4 The City will maintain oversight to ensure that goods and services are provided in accordance with the terms, conditions, and specifications set forth in each Purchase Order or contract.

15.5 The City will maintain records sufficient to detail the history of all procurements.

Records will include rationale for the method of procurement used, selection of contract type, contractor selection or rejection, and the basis for the contract price.

16. INVOICE PAYMENT PROCEDURES

16.1 The City desires to pay its bills in a prompt manner to take advantage of discounts and to avoid late charges and penalties. All invoices should be addressed 55 25
to the City of Hercules, 111 Civic Center Drive, Hercules, CA 94547, Attention:

Finance Department. Invoice payment is contingent upon receiving a proper invoice, including applicable sales tax, and delivery of the goods or services. All departments must cooperate by approving invoices and check requests, if correct, and promptly returning the invoice to the Finance Department. Departmental approval signifies that the invoice is correct and the goods or services have been received. The invoice must reach the Finance Department within seven working days after the department receives and verifies the receipt of the goods or services.

If the invoice cannot be returned within seven working days, the Finance Department should be notified of the reason for the delay.

16.2 The Finance Department issues checks on the last working day of each week.

In order for a check request, invoice or any other payment document to be issued on these processing dates, the Finance Department must receive proper documentation, including all authorization signatures, no later than Thursday at noon of the previous week. Unless otherwise required, invoices will be scheduled for payment 30 days after date of invoice, if correct and charges are appropriate.

16.3 The Finance Department will prepare a disbursement report weekly to be reviewed and approved by the Director of Finance or designee before checks can be released.

16.4 Manual checks will be issued only in emergency situations, with prior approval from the Director of Finance or designee. Departments must plan ahead for funds, especially travel, conference registration and per diem requests.

16.5 Notify the Finance Director regarding any disputed invoices, including information about the amount in dispute and the basis of the dispute.

17. UNAUTHORIZED PURCHASES

17.1 If any department purchases or contracts for any goods or services without complying with the provisions of these Purchasing Guidelines, such purchases or contracts may be void and of no effect, unless thereafter approved by the person or entity required by these Purchasing Guidelines to approve such purchases or agreements. However, the City Council or authorized staff is under no obligation to approve unauthorized purchases not made in accordance with these Purchasing Guidelines.

17.2 If a purchase or contract is found to not comply with these Purchasing Guidelines, a memo signed by the Department Director must be submitted to the Finance Director with a copy to the City Manager, detailing what was out of compliance, how it happened, and what steps will be taken to ensure that these Purchasing Guidelines will be adhered to in the future.

56 26

17.3 An employee who makes an unauthorized purchase or otherwise violates the Policy may be subject to discipline.

17.4 The Department Director approving an unauthorized purchase will be held accountable for identifying and correcting non-conforming purchases made by department employees. Repeated instances of non-conforming purchases within a department may lead to disciplinary action against the Department Director.

17.5 No department can divide orders for goods or services in order to evade the dollar limits of these Purchasing Guidelines.

17.6 No goods or services for personal use may knowingly be purchased on City accounts or with City funds.

18. SURPLUS PROPERTY

18.1 All departments must submit an annual report in October to Purchasing, showing all capital asset goods and equipment or Information Systems hardware or software that are no longer used or that have become obsolete or worn out.

Purchasing will make useable items available to other departments.

18.2 Purchasing, with approval from the Director of Finance , has authority to sell all goods and equipment which cannot be used by any department or which have become unsuitable for City use, or to exchange the same for or trade in the same on new goods or equipment.

18.3 Under no circumstances will any Department Director or any City employee sell, give away, exchange, rent, loan or borrow City owned property without prior written authorization from the Director of Finance through Purchasing. This prohibition applies to any capital asset or property that may have a value when sold for scrap (e.g. water meters). Surplus property must be stored for future use by other departments or disposed of after approval of the Director of Finance. Finance and Information Systems surplus items require the approval of the City Manager.

18.4 All checks received for property sold, after authorization from the Director of Finance, must be made payable to “City of Hercules.”

19. CAPITAL ASSETS

19.1 Capital assets include the following:

 Land parcels
 Site improvements
 Buildings/structures
57 27
 Machinery and equipment
 Licensed vehicles
 Major infrastructure
 Right of ways/easements
 Capital improvements
 Assets of an intangible nature

19.2 The following items are not considered capital assets:

 Records and drawings, consumable supplies, and spare parts and inventory items
 Leased property and personal property of employees
 Maintenance and repair of capital assets

19.3 Equipment includes moveable property which is relatively permanent and/or of significant value such as generators, pumps, machines, tools, vehicles and portable or removable devices. Items with a value under $10,000 will not be included unless included in the City’s Equipment Replacement Program.

19.4 Inventory tags are used primarily to identify items that fall within the definition of capital assets, to provide departments with a reference when conducting their annual inventories and to provide a means of listing, cataloging and controlling assets of the City. Although it may not be feasible to tag each category of capital assets, it should be assigned an inventory number.

19.5 When adding, disposing of, or trading-in capital assets, an Asset Information Form must be completed and submitted to Finance along with Purchase Requisition, if required. This will provide the capital asset monitor with adequate information. All disposals (trade-in, donation or disposal of irreparable assets) must be approved by the Finance Director prior to disposal.

19.6 The following procedures must be completed when requesting pick-up or delivery of surplus equipment and/or vehicles:

(A) Complete City Asset Information form, located on the City intranet.

(B) Submit the completed form to Finance.

19.7 Each department will be responsible for arranging for the pick-up of requested surplus equipment.

58 DISCUSSION AND /OR ACTION

AGENDA ITEMS

1. 22-607

2. 22-608

3. 22-610
59 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 25, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer SUBJECT: Professional Services Agreement with CSG Consultants in the amount of $ 66,080 to complete a Building Facilities Condition Assessment including a 10-Year Capital Improvement Program RECOMMENDED ACTION:

Staff recommends that the City Council:

1. Receive a report from staff regarding the Draft Local Road Safety Plan (LRSP);

2. Ask staff any clarifying questions, and;

3. Adopt a Resolution authorizing the City Manager to execute an agreement with CSG Consultants for a not to exceed amount of $66,080 to complete a Building Facilities Condition Assessment.

BACKGROUND:

The City owns and maintains 10 major buildings: City Hall, the Library, the Senior Center, the Community Swim Center, Teen Center, Lupine Kidz Center, Hanna Ranch Childcare Center, Lupine Kidz Center, the Ohlone Community Center, and the Foxboro Community Center. Additionally, the City operates the Ohlone Child Care out of modular buildings owned by the school district where maintenance responsibilities are negotiated. The proper upkeep an d maintenance of these 11 facilities is needed to provide the broad range of essential services they house in an uninterrupted manner.

The buildings are on average 30 years old. Over the past decade, during which time the City was in severe financial dis tress, facility maintenance was largely reactive, meaning repairs were made when needed on a pay-as-you go basis. Given the age of the facilities 22-607
60 and that the City’s financial position is steadily improving, it is recommended that a Building Facilities Co ndition Assessment be completed at this time to gain a comprehensive understanding of the condition of each of these major facilities. The Assessment will also include a recommended a 10-Year Capital Improvement Program.

This will allow for facilities maintenance to proceed on a planned, programmatic, proactive basis over the next decade and ensure, to the extent possible, services will be provided to the community on an uninterrupted manner.

ANALYSIS:

CSG is on the City’s pre-approved vendor list for Building Inspection & Management.

Their lead team of 3 consists of a professional civil engineer, professional mechanical engineer, and licensed architect. They are all highly experienced across a broad range of activities in their respective fields (Attach 3), which makes them uniquely qualified to complete the Building Facilities Condition Assessment.

A summary of CSG’s Scope of Work, which is detailed in their proposal (Attach 2), is as follows:

1. Conduct a Kick-off & Informational Meeting

2. Review Existing Facility Documentation (Building Plans , Specifications, Related Materials) and Conduct Staff Interviews

3. Complete a Field Condition Assessment for each of the 11 buildings including:
a. Hardscape and site systems outside the building including roadways, parking lots, sidewalks, etc.
b. Landscaped areas including irrigation
c. Exterior wall, window, and door systems
d. Roof systems
e. Heating, ventilation, air conditioning system (HVAC) , an d related mechanical systems
f. Electrical systems and emergency backup systems
g. Plumbing including water, sanitary, storm drain, and gas h. Fire elements including fire suppression system, alarms, and means of egress
i. Interior walls, ceiling, and floor
j. Assessment of ADA compliance

4. Complete Preliminary Report – including recommended repairs/ replacements and remaining useful service life of the systems and infrastructure organized into a priority array over the next 10 years (i.e. 10 -year Capital Improvement Program).

The Preliminary Report will be presented to City Council for feedback and any needed revisions.

5. Complete Final Report - to be approved by City Council.

61 CSG anticipates the assessment will take up to 5 months to complete, given the depth of the evaluation ; coordination that will be taking place with City staff on existing plans, interviews, and review of the Draft and Final Reports; and timing of Council meetings.

FISCAL IMPACT:

A total of $75,000 was included in the Adopted FY 23-24 Budget for the Building Facilities Condition Assessment. The proposed expenditure is as follows:

Funding Sources Account Numbers Amount
General Fund 300-0000-642.05-00 $66,080

ATTACHMENTS:

Attach 1- Resolution
Attach 2 - Agreement Including Proposal
Attach 3 - CSG Team Biographies

62 RESOLUTION NO. 23-

RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF HERCULES

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CSG CONSULTANTS FOR A NOT TO EXCEED AMOUNT OF $ 66,080 TO COMPLETE A

BUILDING FACILITIES CONDITION ASSESSMENT

WHEREAS, the City owns and maintains 10 major buildings including City Hall, the Library, Senior Center, and Community Center; and

WHEREAS, the proper upkeep and maintenance of these buildings is needed to provide the broad range of essential services they house in an uninterrupted manner ; and

WHEREAS, completing a Building F acilities Con dition Assessment including 10 -Year Capital Improvement Program will allow for planned, pr oactive maintenance of these facilities over the next decade; and

WHEREAS, CSG is on t he Cit y’s pre -approved vendor list for Building Inspection & Management and their team is highly qualified to complete the Assessment; and

WHEREAS, sufficient funding was included in the Adopted FY 23 -24 Budget for th e cost of the Assessment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby authorizes the City Manager to execute an agreement with CSG Consultants for a not to exceed amount of $ 66,080 to complete a Building Facilities Condition Assessment.

The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of th e City of Hercules held on the twenty-fifth day of July 2023 by the following vote of the Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________
Alex Walker-Griffin, Mayor
ATTEST:

Eibleis Melendez, Acting City Clerk
63 CITY OF HERCULES

PROFESSIONAL SERVICES AGREEMENT

This Agreement (“Agreement”) for professional services is made on _________, 20__, between the City of Hercules, a California municipality (“City”), and CSG Consultants, Inc., a corporation (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).

1. Scope of Services. Consultant will provide to City the professional services described in the Scope of Services, attached as Attachment A and incorporated in this Agreement (the “Services”). Only the City Council or the City Manager may authorize any change or addition to the Scope of Services specified in Attachment A.

2. Term. This Agreement will become effective on _________, 20__ (“Effective Date”), and will terminate upon the full and satisfactory completion of the Services or as otherwise specified in Attachment A, unless terminated sooner in accordance with Section 10 of this Agreement .

Time is of the essence with respect to all provisions of this Agreement that specify a time for performance.

3. Compensation. For the full and satisfactory completion of the Services, City will pay Consultant in an amount not to exceed $ 66,080, without prior written authorization by City , pursuant to the terms set forth in Attachment A on Payment, which is attached to and incorporated in this Agreement. Consultant’s compensation is intended to encompass all costs required for performing the Services, including overhead and indirect costs. Except as expressly provided in Attachment B, Consultant will not be entitled to reimbursement for expenses it incurs to provide the Services.

3.1 Payment. City will pay Consultant for Services satisfactorily provided during each calendar month within 30 days following City receipt and approval of a detailed invoice. The invoice must include, at a minimum: a description of the specific Services provided; the name of the individual providing the Services; the date(s) upon which the Services were provided; the time spent providing the Services; the amount due for the Services ; and the basis for calculating the amount due.

3.2 Additional Services. If the City requests related services beyond the Scope of Services described in Attachment A, the Consultant will provide City a written estimate for the additional services (“Additional Services”). Consultant will not provide Additional Services until Consultant has received written authorization from the City to perform the Additional Services .

Consultant will not be entitled to payment for Additional Services performed without City’s prior written authorization or for costs to correct Consultant’s errors or omissions.

4. Independent Contractor. The Parties agree that Consultant will act as an independent contractor under this Agreement and will have control of its work and the manner in which the Services are performed. Consultant is not an employee of City and is not entitled to participate in any health, retirement, or similar employee benefits from the City.

64 5. Consultant’s Warranties.

5.1 Consultant warrants that all Services provided under this Agreement will be performed in accordance with generally accepted professional practices and standards for Consultant’s profession in the Bay Area.

5.2 Consultant warrants that all Services provided under this Agreement will be performed in accordance with applicable federal, state, and local laws and regulations, including, but not limited to, conflict of interest laws and City ordinances and policies.

5.3 Consultant warrants that Consultant has no present interest which would conflict in any manner with the performance of Services on the City’s behalf.

5.4 Consultant warrants that it will comply with the City’s Nepotism and Cronyism Policy.

6. Notice. Any notice, billing, or payment required by this Agreement must be made in writing, and sent to the other P arty by personal delivery, U.S. Mail, a reliable overnight deliv ery service, or by e mail as a PDF (or comparable) file. Notice is effective upon delivery unless otherwise specified. Notice for each Party will be given as follows:

City: Consultant:

City of Hercules Name: CSG Consultants, Inc.
111 Civic Drive Address:
3707 W Garden Grove
Hercules, CA 94547 Blvd., Suite 100, Orange, CA 92868
(510) 799-8200 Phone: (714) 568-1010
Attn: City Clerk Attn: Peykan Abbassi, PE,
[email protected]
Copy to: Mike Roberts Copy to: _____________________
Email: [email protected] Email: _______________________

7. Indemnity. Subsection 7.1 is not applicable to this Agreement if Consultant’s Services are “design professional” services as that term is used and defined in Civil Code section 2782.8.

Subsection 7.2 is applicable to this Agreement if Consultant’s Services are “design professional” services as used and defined in Civil Code section 2782.8.

7.1 T o the full extent permitted by law, Consultant will indemnify, defend with counsel acceptable to City, and hold harmless City, its governing body, officers, agents, employees, and volunteers (collectively, “City Indemnitees”) from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, “ Liability”) of every nature arising out of or in connection with Consultant’s acts or omissions with respect to this Agreement, except such Liability caused by the active negligence, sole negligence, or willful misconduct of any of the City Indemnitees. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.1 does not apply if the Services to be provided 65 under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.

7.2 To the full extent permitted by law, Consultant will indemnify, defend, and hold harmless City, its City Council, officials, officers, agents, employees, and volunteers from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorney fees and costs and fees of litigation) (collectively, “Liability”) of every nature which arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Consultant in the performance of this Agreement, except such Liability caused by the active negligence, sole negligence or willful misconduct of City. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Agreement. This Subsection 7.2 is applicable if the Services to be provided under this Agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor.

8. Insurance. Before providing any Services under this Agreement, Consultant is required to procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to nonpayment of premiums, in which case at least 10 days written notice will be made to City. The required insurance must cover the activities of Consultant and its employees or subcontractors relating to or arising from the performance of the S ervices, and must remain in full force and effect at all times during the term of the Agreement. All required insurance must be issued by an insurer licensed to do business in the State of California, and each such insurer must have an A.M. Best financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Consultant fails to provide any of the required coverage, City may, at its sole discretion, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant.

8.1 The following insurance policies and limits are required for this Agreement:

8.1.1 Commercial General Liability Insurance (“CGL”) . CGL insurance issued on an occurrence basis, including coverage of liability arising from Consultant’s acts or omissions in the performance of Services under this Agreement, with limits of at least $1,000,000.00 per occurrence.

8.1.2 Automotive. Commercial automotive liability coverage for owned, non- owned and hired vehicles must provide coverage of at least $1,000,000.00 combined single limit per accident for bodily injury, death, or property damage.

8.1.3 Workers’ Compensation Insurance and Employer’s Liability. The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, with limits of at least $1,000,000.00. If Consultant is self- insured, Consultant must provide its duly authorized Certificate of Permission to Self-Insure.

66 8.1.4 Professional Liability. This in surance must insure against Consultant ’s errors and omissions in the provision of S ervices under this Agreement, in an amount no less than $1,000,000.00 combined single limit.

8.2 Subrogation Waiver. Each required policy must include an endorsement that the insurer agrees to waive any right of subrogation it may have against City or the City’s insurers.

8.3 The CGL policy and the automotiv e liability policy must include the following endorsements:

(1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “ Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Agreement.

(2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.

(3) The insurance provided is primary and no insurance held or owned by City will be called upon to contribute to a loss.

(4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City’s own insurance or self -insurance will be called upon to protect it as a named insured.

9. Dispute Resolution. In the event that any dispute arises between the Parties in relation to this Agreement, the Parties agree to meet face to face as soon as possible to engage in a good faith effort to resolve the matter informally. In the event that any dispute arises between the Parties in relation to this Agreement, and the dispute is not resolved by informal discussions, the Parties agree to submit the dispute to mediation.

9.1 Either Party may give written notice to the other Party of a request to submit a dispute to mediation, and a mediation session must take place within 60 days after the date that such notice is given, or sooner if reasonably practicable. The Parties will jointly appoint a mutually acceptable mediator. The Parties further agree to share equally the costs of the mediation, except costs incurred by each Party for representation by legal counsel.

9.2 Good faith participation in mediation pursuant to this Section is a condition precedent to either Party commencing litigation in relation to the dispute.

67 10. Early Termination.

10.1 Termination for Convenience. City may terminate this Agreement for convenience by giving 10 calendar days written notice to Consultant. In the event City elects to terminate the Agreement without cause, it will pay Consultant for Services satisfactorily provided up to that date.

10.2 Termination for Cause. If either Party breaches this Agreement by failing to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Agreement, the other Party may terminate this Agreement by giving written notice five calendar days prior to the effective date of termination, specifying the reason a nd the effective date of the termination.

Consultant will be entitled to payment for all Services satisfactorily provided up to the effective date of termination, except that the City may deduct from that payment the amount of costs the City incurred, if any, because of Consultant’s breach of the Agreement.

11. Work Product. City will be the sole owner of all rights to any work product in any form which has been prepared by Consultant on City ’s behalf pursuant to this Agreement, unless otherwise specified in writing by the Parties.

12. Records. Unless otherwise specified in Attachment A, C onsultant will maintain records related to this Agreement for a period of four years from expiration or termination of this Agreement, including records of the Services performed, on a daily basis if necessary.

Consultant’s accounting systems will conform to generally accepted accounting principles, and all records will provide a breakdown of total costs charged under this Agreement, including properly executed payrolls, time records, invoices, and vouchers. Consultant will permit City to inspect and examine Consultant’s books, records, accounts, and any and all data relevant to this Agreement at any reasonable time.

13. General Provisions.

13.1 Assignment and Successors. Consultant may not assign its rights or obligations under this Agreement, in part or in whole, without City’s written consent. This Agreement is binding on Consultant’s and City’s lawful heirs, successors, and permitted assigns.

13.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Agreement.

13.3 Nondiscrimination. Consultant will not discriminate in the employment of persons under this Agreement because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference.

13.3.1 Avoidance of Cronyism and Nepotism. Consultant shall comply with regulations adopted by the City of Hercules to avoid favoritism in the award of contracts. Consultant shall submit a fully executed copy of the “Contractor Acknowledgment of City of Hercules Nepotism and Cronyism Policy” as Attachment C to this Agreement.

13.3.2 Compliance with the California Equal Pay Act . Consultant shall comply with regulations adopted by the City of Hercules to allow for verification of Consultant compliance with 68 the requirements of the California Equal Pay Act. Consultant shall submit a fully executed copy of the “Contractor Acknowledgment of Compliance with the California Equal Pay Act” as Attachment D to this Agreement.

13.4 Choice of Law and Venue. This Agreement will be governed by California law, and venue will be in the Superior Court of Contra Costa County, and no other place.

13.5 Integration. This Agreement and the documents incorporated in this Agreement constitute the final, complete, and exclusive terms of the agreement between the City and the Consultant.

13.6 Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions of the Agreement will remain in full force and effect.

13.7 Amendment. No amendment or modification of this Agreement will be binding unless it is in a writing duly authorized and signed by the Parties to this Agreement.

13.8 Provisions Deemed Inserted. Every provision of law required to be inserted in this Agreement will be deemed to be inserted, and this Agreement will be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision is not inserted, or not correctly inserted, this Agreement will be amended to make the insertion or correction.

13.9 Precedence. If any provision in any document attached to or incorporated in this Agreement conflicts with or is inconsistent with the provisions set forth in the body of this Agreement, the provisions set forth in the body of this Agreement will control over any such conflicting or inconsistent provisions.

13.10 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the P arty waiving the breach, failure, right, or remedy. No waiver o f any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless the writing so specifies.

13.11 Force Majeure. If either Party is delayed or hindered in or prevented from the performance of any act required under this Agreement because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other reason beyond the reasonable control of the P arty delayed, excluding financial inability (“Force Majeure Event”), performance of that act will be excused for the period during which the Force Majeure Event prevents such performance, and the period for that performance will be extended for an equivalent period. Delays or failures to perform resulting from lack of funds will not be Force Majeure Events.

13.12 Headings. The headings in this Agreement are included for convenience only and will not affect the construction or interpretation of any provision in this Agreement or any of the rights or obligations of the Parties to this Agreement. 69 13.13 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

13.14 Authorization. Each individual signing below warrants that he or she is authorized to do so by the Party that he or she represents, and that this Agreement is legally binding on that Party. If Consultant is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.

[Signature page follows.]

70 The Parties agree to this Agreement as witnessed by the signatures below:

CITY: Approved as to form:

s/_______________________________ s/__________________________________

________________________________ ___________________________________ Dante Hall, City Manager Patrick Tang, City Attorney

Date: ___________________________ Date: ______________________________

Attest:

s/_______________________________

_________________________________
Eibleis Melendez, City Clerk

Date: ___________________________

CONSULTANT: ___________________________________________________ Business Name

s/_______________________________

_________________________________
Name/Title

Date: ____________________________

s/_______________________________

_________________________________
Name/Title

Date: ____________________________

Attachments:

Attachment A: Scope of Services and Payment
CSG Consultants
Cyrus Kianpour, President
7/11/2023
71 July 3rd, 2023
M
ichael Roberts, PE, Public Works Director
City of Hercules
111 Civic Drive
Hercules, CA 94547

Re: Facility Condition Assessment for the City of Hercules

CSG Consultants, Inc. (CSG) is pleased to submit this Proposal to the City of Hercules (City) to provide a General overview of the City’s Facilities. This assessment is mainly by observation of the facilities and equipment by a Principal Engineer, senior architect, and facilities Senior PM. It is limited to visual assessment and research of available data only.

For this project, Peykan Abbassi, PE, will serve as the Point of Contact to perform the f ac ility condition
assessment services for the Project. Mr. Abbassi brings over 30 years of facility and engineering management experience for large and small projects in municipal government. His contact information is as follows:
3707 W. Garden Grove Boulevard, Suite 100, Orange, CA 92868 (714) 568-1010 phone | (818) 800-6326 cell | [email protected]

Scope of Work
• F acility Condition Assessment and 10-Year CIP
A
comprehensive scope of work for the general facility assessment can be found enclosed. Summarily within is the below:

1. CSG shall visit the project site to inspect, collect and review available information and work with the City staff to gain historic maintenance documentation.

2. CSG shall assess replacement costs of the systems then visually evaluate the conditions of each of these elements and include documentation of findings with photographs and graphs.

3. CSG will document deficiencies in building code compliance of equipment and ADA requirements per building code in reports.

4. A general comprehensive report for the facility will be provided to the City in electronic and hard copy formats, including a 10-year CIP.

Work Breakdown and Proposed Fee
Based on our understanding of the scope of work, CSG will provide all labor, material and expenses to p
erform the work for the following not-to-exceed fee of $66,080.00 for the following:

72 CSG PROPOSAL FOR CITY OF HERCULES

FACILITY CONDITION ASSESSMENT STUDY

Facilities Locations

DESCRIPTION

1. City Hall (111 Civic Dr.)

2. Senior Center (111 Civic Dr.)

3. Library (109 Civic Dr.)

4. Community Swim Center (2001 Refugio Valley Rd.)

5. Teen Center (2001 Refugio Valley Rd.)

6. Hanna Ranch Childcare Center (2470 Refugio Valley Rd.)

7. Lupine Kidz Center (1905 Lupine Rd.)

8. Ohlone Child Care

9. PW Maintenance yard at the abandoned wastewater treatment plant (1000 Sycamore)

10. Ohlone Community Center (190 Turquoise Dr.)

11. Foxboro Community Center(1025 Canterberry)

Please see the attached cost estimate for a breakdown of fees. This fee is inclusive of all labor, material, an
d expenses to perform the project work.

It is assumed that all onsite assessments will be performed during the same calendar week and that the kickoff meeting and the meetings to review the draft deliverable will be a combination of onsite presence and through web or teleconference technologies. Additional services that may be needed will not be performed without prior authorization from the City.

Assumptions
CSG will require City resources to perform the work. The following is a list of assumptions and outline of C
ity-needed resources and other contractual provisions that will be required by CSG to perform the assessment:

1. Access to the building will be provided by the City.

2. Escorts will be provided by the City to help guide the field team. Escorts will remain with the assessors when appropriate, especially when required due to security or privacy reasons.

3. Drawings, including layout and dimensioned drawings of all facilities to be made available by the City.

Projected Schedule

PROJECT PHASE ESTIMATED DURATION WEEKS AFTER NTP

1. Notice to Proceed (NTP) 0

2. Site Access Approvals & Schedule Kick-off Meeting 3

3. Data Gathering and Personnel Interviews 4

4. Field Condition Assessment Phase 4

5. Reporting Phase and Preliminary Report 6

6. Client Review and Final Report 4

73 CSG PROPOSAL FOR CITY OF HERCULES

FACILITY CONDITION ASSESSMENT STUDY

W
e look forward to working with the City of Hercules. If you have any questions or require additional information, please contact myself at [email protected] or my cell at 818-800-6326.

S
incerely,

Peykan Abbassi, PE, V ice President
(818) 800-6326 cell,
[email protected]

E
nclosed:

1. Facility Condition Assessment (Description of Work)

2. Cost Estimate (Schedule of Fees)

74 CSG PROPOSAL FOR CITY OF HERCULES

FACILITY CONDITION ASSESSMENT STUDY

CITY OF HERCULES
1 11 CIVIC DRIVE , HERCULES , CA 94547

FACILITY CONDITION ASSESSMENT

DESCRIPTION OF WORK

1 . Pre-Study Conference (Kick-off) Meeting and Document Review:

Prior to the start of the Facility Condition Assessment Study, a Kick-off Meeting will be scheduled with the CSG Project Team and facility personnel to coordinate the following items:
a. Project Directory:

Develop a project directory that identifies the name and phone number of key designated representatives at each facility who may be contacted during the project duration. b. Site Access:

Establish procedures to access the project site and provide the names and phone numbers of approved escorts when needed. All facility site visits shall be coordinated and pre-approved by the City prior to the visit throughout the course of this project. CSG should be notified of any special security and policy procedures that must be followed during all survey work conducted at the facility. c. Existing Documentation:

Obtain and review all project background materials (building plans and specifications, previously prepared reports, studies, equipment manuals, current facility operating procedures and preventative maintenance logs, testing reports, etc.) that are related to this project. d. Scope of Work:

Review the Facility Condition Assessment Study requirements contained in this document with the Project Team members to ensure that all parties agree with the scope of the work. e. Project Schedule:

Review and update the project Facility Condition Assessment Study schedule with the Project Team members using the date of the Notice to Proceed as a starting point.

2. Data Gathering and Personnel Interviews:
the City will provide to the CSG Team for review all project background materials (building plans and specifications, previously prepared reports, studies, equipment manuals, current facility operating procedures and preventative maintenance logs, testing reports, etc.) that are related to this project. During the field assessment, the building manager and maintenance personnel will be interviewed on common maintenance and repair practices, as well as on capital renewal projects that have been completed at the facility.

3. Field Condition Assessment:

Upon completion of the data gathering, the CSG Project Team will schedule site visit(s) and meet with the facility building management and maintenance personnel to assess the interior and exterior components of the facility. Visual assessments will be made of above-ground, visible, and accessible interior and exterior components of the building(s) and site systems that support the facility and will include documentation of the construction or system type, as well as the age, overall condition, visible deficiencies, and remaining useful life of the facility.

A building escort will be required to provide access to mechanical and electrical rooms, roofs, and equipment enclosures. Observations will be made during daytime hours on business days.

The following major components and systems are included in the assessment:

75 CSG PROPOSAL FOR CITY OF HERCULES

FACILITY CONDITION ASSESSMENT STUDY

a. H ardscapes and site systems to include roadways, parking lots, sidewalks, curb and gutter, fountains, plazas, patios, courtyards, etc.
b. Planted areas (landscaping) or irrigation systems.
c. Exterior wall, window, and door systems for visible evidence of deficiencies, continuity of seals, and other types of distress and report an overall condition of the systems. Our observations will be based on those conditions that can be observed from the ground, from accessible roof levels, and from operable windows, as appropriate and available.
d. Roof systems, accessories, and details to include flashing and penetration details for condition and conformance with accepted practice. The evaluation will include discussion of existing warranties, replacement costs and remaining useful life. We have assumed that access to the roof will be arranged by the on-site contact (at no cost to CSG) for low-slope roofs. e. Heating, ventilating, air conditioning (HVAC) systems, building controls and related mechanical systems. f. Electrical service entrances, grounding, electrical distribution systems, lighting, and emergency back-up systems.
g. Water service supplies, potable water distribution systems, sanitary and storm drain systems, gas distribution, and other plumbing components.
h. Fire and life safety elements to include structural fire protection, fire suppression systems, and fire detection/alarm systems, and means of egress. Generally, the facility will be observed for significant violations regarding standard building practices of fire and life safety issues. i. Interior wall, ceiling, and floor finishes and provide recommendations for cyclical maintenance projects.

Refurbishing and replacement of finishes is discretionary, and the recommendations provided will be based on both the condition of the finishes observed and discussions with management and our experience with other properties.
j. The facility will be observed for visible evidence of compliance issues with ADA requirements. This will include access from parking areas to the building.
k. (Optional) Furniture, fixtures, and equipment (FF&E) such as office furnishings; office fixtures, audio/visual, security, and program support equipment.

The complete scope of work elements to be evaluated will be established during the kick-off meeting as noted above.

We do not propose to expose any system members. We will document the type and extent of visually apparent defects in the systems to perform the condition assessments. As this scope of services is limited to visual observations, these assessments will not identify conditions hidden by interior finishes, exterior finishes, or within any enclosed construction.

4. Reporting Phase and Preliminary Report:

The CSG Team will prepare a preliminary written report for the facility of our physical condition assessment in a format that will include:
a. An executive summary that will include a brief description of recommended repairs and replacements that may require immediate attention.
b. A physical condition assessment that will include:

1. A description of each item

2. A statement noting existing conditions and estimated useful remaining service life of the systems and infrastructure, and
76 CSG PROPOSAL FOR CITY OF HERCULES

FACILITY CONDITION ASSESSMENT STUDY

3. R ecommendations for each of the systems reviewed. This section will include information on the deficiencies noted and recommended repairs and/or replacements, along with an opinion of cost.

Our opinions of cost associated with replacing or repairing these components will be provided in summary form in a capital expenditure forecast spreadsheet, which will be prepared to reflect a 10-year repair/replacement period for required repairs/replacements. Cost estimates required for the facility repairs/recommendations shall be Rough Order of Magnitude (ROM) estimates to be used to allocate funding for the specific corrective action including construction and design costs. The opinion of costs will be based upon the anticipated costs as calculated in the year in which the capital expenditure is anticipated. It will not include fees or charges related to the building occupancy, tenant costs, or other lease- or ownership-related costs unknown to the CSG Team.

The CSG Team will provide an opinion of cost for repairs for any noted deficiencies discovered as part of this project with an estimated cost of $2,000 or higher and will include a recommended method of repair where options are available. We will include supporting photographs of key deficiencies and/or repair items noted.

5. Client Review and Final Report:

The CSG Team will incorporate any comments from The City into a Final Report for submittal.

6. Special Conditions and Exclusions:
a. This assessment does not include any environmental services such as indoor air quality testing, or inspection, sampling or testing of asbestos, lead-based paint, PCB’s, radon, mold, or any other potentially hazardous materials. In addition, this assessment does not include identification of underground soils or identification or quantification of underground contaminants. b. This assessment does not include scientific equipment, furniture, or moveable equipment. c. This assessment does not include any digging, demolition, disassembly, or special testing equipment. d. Where required, the CSG Project Team shall be able to lift ceiling tiles, open access doors or move building components to perform the Work. All items that are opened or moved will be returned immediately to its original condition without damage upon completion of the inspection. e. This report will not warrant or guarantee that the conditions noted in the report will not vary from other areas were not accessible or observed.
f. Cost for recording of power, air, and water is excluded, if required. g. Any As-Built document preparation services are excluded. h. Any life cycle cost analysis (LCCA) for the mechanical, electrical, and plumbing (MEP) equipment is excluded.
i. Design of any of these systems is excluded.
j. Since the evaluations are visual in nature, access to hidden conditions that require any destructive inspection and testing are excluded.
k. Underground utilities survey is excluded.
77 TOTAL COST
ROLE STAFF WK 1 WK 2-6 WK 7-13 WK 14-19 WK 20-21
Principal Engineer Peykan Abbassi 4 0 0 0 0 4 $225.00 $900.00 Sr
. Project Manager Cyril Charles 4 0 0 0 0 4 $215.00 $860.00 Sr. Architect Paul Young 6 0 0 0 0 6 $200.00 $1,200.00
Asst. Project Manager Bronwyn Callero 4 0 0 0 0 4 $145.00 $580.00 ROLE STAFF WK 1 WK 2-6 WK 7-13 WK 14-19 WK 20-21
Principal Engineer Peykan Abbassi 0 4 0 0 0 4 $225.00 $900.00 Sr
. Project Manager Cyril Charles 0 20 0 0 0 20 $215.00 $4,300.00 Sr. Architect Paul Young 0 40 0 0 0 40 $200.00 $8,000.00 Electrical Inspector TBD 0 20 0 0 0 20 $200.00 $4,000.00 Asst. Project Manager Bronwyn Callero 0 8 0 0 0 8 $145.00 $1,160.00 ROLE STAFF WK 1 WK 2-6 WK 7-13 WK 14-19 WK 20-21
Principal Engineer Peykan Abbassi 0 0 4 0 0 4 $225.00 $900.00 Sr
. Project Manager Cyril Charles 0 0 20 0 0 20 $215.00 $4,300.00 Sr. Architect Paul Young 0 0 40 0 0 40 $200.00 $8,000.00 Electrical Inspector TBD 0 0 20 0 0 20 $165.00 $3,300.00 Asst. Project Manager Bronwyn Callero 0 0 8 0 0 8 $145.00 $1,160.00 ROLE STAFF WK 1 WK 2-6 WK 7-13 WK 14-19 WK 20-21
Principal Engineer Peykan Abbassi 0 0 0 4 0 4 $225.00 $900.00 Sr
. Project Manager Cyril Charles 0 0 0 20 0 20 $215.00 $4,300.00 Sr. Architect Paul Young 0 0 0 50 0 50 $200.00 $10,000.00 Electrical Inspector TBD 0 0 0 0 0 0 $165.00 $0.00
Asst. Project Manager Bronwyn Callero 0 0 0 8 0 8 $145.00 $1,160.00 ROLE STAFF WK 1 WK 2-6 WK 7-13 WK 14-19 WK 20-21
Principal Engineer Peykan Abbassi 0 0 0 0 4 4 $225.00 $900.00 Sr
. Project Manager Cyril Charles 0 0 0 0 20 20 $215.00 $4,300.00 Sr. Architect Paul Young 0 0 0 0 45 45 $200.00 $9,000.00 Electrical Inspector TBD 0 0 0 0 0 0 $165.00 $0.00
Asst. Project Manager Bronwyn Callero 0 0 0 0 8 8 $145.00 $1,160.00 $66,080.00
ROLE S TAFF WK 1 WK 2-6 WK 7-13 WK 14-19 WK 20-21
Principal Engineer Peykan Abbassi 1 2 2 2 2 9 $225.00 $2,025.0 0 Sr. Project Manager Cyril Charles 1 2 4 4 4 15 $215.00 $3,225.00 Sr. Architect Paul Young 1 10 10 10 10 41 $200.00 $8,200.00 $13,450.00
$79,530.00TOTAL COST ( including additional service)
TASK 4.0: REPORTING PHASE AND PRELIMINARY REPORT
T
ASK 5.0: FINAL REPORT

TOTAL COST
Additional Services #1: Furniture, Fixtures and Equip ment (FF+E) Sub Total (for additional services)
Facilities Assessment Services
Cit
y of Hercules
TOTAL
H
OURS
HOURLY
RATE
2023
HOURLY
RATE
2024
2023
TASK 2.0: REVIEW AVAILABLE DOCUMENTATION
TASK 3.0: DATA GATHERING AND SITE VISITS
TASK 1.0: KICKOFF MEETING
78 Peykan

LICENSES &
C

ERTIFICATIONS
Professional Civil Engineer
S
tate of California |51996
Board of Professional Engineers
and Land Surveyors
LEED AP Certificate, United
States Green Building Council
Project Management Certificate,
Bureau of Engineering, City of
Los Angeles
Certificate in Effective
Negotiation, Karrass Institute

EDUCATION
M
S Civil Engineering,
Un
iversity of Southern California
BS Civil Engineering,
University of Southern California

Abbassi PE, LEED AP
Princ ipa l En gineer (P oin t of Cont act)
Mr. Abbassi is an experienced civil engineer for large programs in Public Works, T
ransportation, Development and Municipal Engineering with 35 years of experience.

Through the creation of a team environment and project ownership atmosphere he achieved outcomes above and beyond the expected performance levels. He consistently developed cohesive management teams and has experience working with various funding sources and regulatory agencies.

R E L E V A N T E X P E R I E N C E
Project Manager & Construction Manager | Navigation Center Project, City of Vallejo, C
A
Mr. Abbassi provides project management services for the Navigation Center in Vallejo with approximate budget of $8 million. The project included: all real estate transaction agreements; on and off-site improvements; a Sprung Structure dormitory that sleeps 125 individuals; a Sprung structure services building that provides operation, dental and medical services; and a Linked Building restroom that include showers. Mr. Abbassi works with the design team, contractor, operators, and City staff to ensure the project is completed on time and within budget. His duties include cost estimating; negotiation of subconsultants’ fees; coordinating real estate agreements with Vallejo Flood and Wastewater District and Kiewit; managing the design and construction of the project; lead weekly meetings with the design team, contractor and City staff; and communicating with operators and services providers of the site.

Building Project Management/Construction Management
In the following projects, as the PM/CM I managed pla
nning department requirements,
entitlements, public improvement design and construction (B-permit work) in addition to the building permitting process through various regulatory agencies inside and outside the City. Collaboration and communication with the stakeholders on a regular basis were the reasons for on time and on budget delivery of the projects. In addition, I negotiated the A&E contracts, managed the A & E consultants, and the PM/CM firm augmented the City’s staff.
• Police Administration Building Program (Total program budget $430 M Hard and Soft cost, 3-Buildings plus a data center)
Deputy Program Manager
A. Police Administration Building (PAB): $240 M construction budget, value engineered $16 M, 500,000 SF, 10-story with 396 2-level subterranean parking.

B. Motor Transport Division/Main Street Parking (MTD/MSP): $72 M construction budget; 396,000 SF 800 parking in 5-level plus roof, 20,000 SF service shop with 10 service bays, 4 fueling stations, and two level 6000 SF office space.

C. Aiso Street Parking (ASP): $22 M construction budget, 120,000 SF, 300- parking spaces, 2-level subterranean parking with 45,000 SF street level Plaza for Little Tokyo Community events.
• Griffith Observatory Renovation and Expansion: $83 M construction budget, Project Engineer/Construction Manager.
• Pacoima-Gonzales Boxing Facility: $1.5 M construction budget Project Manager/Construction Manager
• Echo Park Childcare Center: $4 M construction budget
Project Manager/Construction Manager

79 Construction Manager/Project Engineer | City of Los Angeles, Construction Management Division M
r. Abbassi performed Construction Management for the $75 million Griffith Observatory Renovation and Expansion Project. He conducted comprehensive coordination between the design and construction activities. Mr. Abbassi managed A/E consultants and the planning and permit process. Other municipal facilities he managed included Echo Park Childcare Facility and Pacoima Boxing and exercise facility.

Deputy Program Manager | City of Los Angeles, Police Administration Building Program Under a program budget of $430 million, Mr. Abbassi assis ted the program manager with budget analysis and continuous monitoring of construction expenditures and consultant contracts. He served as the Project Manager leading the overall planning and management for Metro Transit Division/Main Street parking an 800 stalls parking in a five level, six story structure with a 20,000-sq. ft., 10 bay, 4 fueling stations with a construction budget more than $72 million. He also managed the Aiso Parking Structure, a 300 stalls subterranean structure with a plaza at street level. He managed consultant architects, mechanical, electrical, plumbing, structural, civil, landscaping, security and art consultants.

City Engineer | City of Half Moon Bay, CA
Mr. Abbassi was responsible for complex and technica l
tasks related to capital infrastructure, utilities, traffic studies and management, land development and other public works-related projects and programs ensuring compliance with all codes and regulations. His work included managing consultants for storm drain and sewer master plans as well as design consultants for the CIP.

Heavy Civil Program Management/Project Management/Con
struction Management
• Chief Development Officer: L ead the Engineering, CIP program, Signal and Systems including Positive Train Control (PTC) projects. Managed the oversight and implementation of over $1 Billion LOSSAN projects, $10 Million North County Transit District (NCTD) CIP Program including two bridge repair (Bridge 243, and 217), Solano Beach station slope stabilization, Del Mar Bluff failure study, design recommendations and implementation, Inland corridor eroded slope repair, and $87 Million NCTD’s PTC projects.
• Project Manager: The lead engineer to coordinate and perform oversight of public works improvement for two LAMTA (Los Angeles Metropolitan Transportation Authority) projects (EXPO II, and Regional Connector) for the City of Los Angeles Department of Public Works
• Construction Manager: Installed 5 Storm Drain Filtering systems on major storm drain lines throughout the City of Los Angeles. Average construction costs $1.2 M/unit.
• Change Order Engineer: 250 Projects, in excess of $63 M (cumulative) construction cost, and a copy of the list of the projects (11 pages) from the logbook is available upon request. I negotiated all the change orders for the 250 projects from 1993 to 2000 (7 years). Among the list are 50 Emergency Sewer and Emergency Storm Drain projects which I was responsible to award, and analyze, negotiate and approve the cost. Five of these were FEMA funded projects due to the emergency nature and the declaration for emergency in Los Angeles County in 04/05 rainy season. I received commendation and was acknowledged by the Board of Public Works for efficient and timely management of the emergency projects in addition to productive collaboration with the City forces and the contractors. 80 Cyril

LICENSES &
C

ERTIFICATIONS
P
rofessional Mechanical
En
gineer
State of California
| M28217
LEED AP Certificate, United
States Green Building Council

EDUCATION
M
S Mechanical Engineering,
Ca
lifornia State University,
Los Angeles
BS Mechanical Engineering,
University of the West Indies,
Trinidad

Charles ME, LEED AP
S
en ior Pro ject Man ager
Mr. Charles is a previous City of Los Angeles, Department of Public Works senior e
ngineer and project manager. He is a licensed professional engineer with 25+ years of project and construction management experience in all phases of projects who has successfully managed and completed several large municipal facility projects through coordination, developing partnerships, and building positive relationships with architects, engineers, contractors, code enforcement officials, and vendors. Mr. Charles has prepared and issued RFPs, managed contracts for project consultants and contractors including selection and has been responsible for project scope, schedule, cost, and stakeholder management. He has also designed mechanical and plumbing systems for projects and has knowledge of codes and Title 24 compliance. He has been the Owner representative for commissioning and delivery of several LEED projects throughout the City of Los Angeles.

R E L E V A N T E X P E R I E N C E
Project and Construction Management
o Lo
s Angeles Convention Center Renovation and Expansion Project – Project manager to develop Schematic Design (SD+) documents for this estimated $900M+ Public-Private-Partnership (P3) project.
o Silverlake Reservoir Master Plan Project – Project manager for development of a master plan for this urban reservoir site to include request for proposals (RFP) preparation and issuance, consultant selection and management, and stakeholder management.
o LAPD Metro Detention Center – Project Manager for the construction of 512 beds, $85M, 160,000 sq. ft. detention center.
o LAPD Metropolitan Division Facility– Project Manager for the design and construction of this $20M. renovation to the old 62,000 sq. ft. Rampart Police Station. This is a LEED Platinum project.
o Rampart Area Police Station – Project and construction manager for this 52,000 sq. ft. police facility with a 280-vehicle parking garage, vehicle repair facility, car wash and fuel dispensing station.
o West Valley Area Police Station – Construction manager for this 46,000 sq. ft. police facility with a 330-vehicle parking garage, 6,700 sq. ft. vehicle repair facility, car wash and fuel dispensing station.
o City Hall East Data Center Server Upgrade Project – Managed the construction of an expansion upgrade to this data center for the City Hall complex. This project included the installation of an adiabatic chiller as the main source of cooling for the facility. o Los Angeles Convention Center Solar Photovoltaic Project – Project manager for the installation of 2.2 MW of solar panels to the roof of the South Hall building. o North Central Animal Shelter Renovation and Expansion - Project and construction manager for the $23M expansion and renovation of this animal shelter facility.

Plumbing and HVAC Design Projects
o E
ast Valley Solid Resources Management Complex – Designer for HVAC and plumbing systems for a new $30M Bureau of Sanitation facility complex with an administration building, truck maintenance facility, hazardous waste disposal building, and container storage building.
o Pacoima Branch Library – Designer for HVAC and plumbing systems for a new 10,500 sq. ft. library facility.

81 Paul

LICENSES &
C

ERTIFICATIONS
Licensed Architect
S
tate of California | C-19758
Project Management Certificate
City of Los Angeles
Certification - Building Plans
Examiner,
International Code Council (ICC)

EDUCATION
BS Architecture,
H
oward University, Washington D.C.

Graduate Study in Architecture,
University of Washington
Seattle, Washington

Young
Proj ect M ana ger - Arch itect
Paul Young is a California Architect with experience with various types of municipal b
uildings. He has experience in project management, programming, architectural design, and design review. He has coordinated the activities of design consultants among the design disciplines and with the project recipient. He has prepared various status reports for government entities and completed board reports for governing agencies. Has managed contracts, reviewed schedules, invoices and contract changes.

He has worked on the traditional design/bid/build and design/build delivery projects.

R E L E V A N T P R O J E C T E X P E R I E N C E

Project Manager | Los Angeles Street Civic Building
Pr
oject Manager for the development of programming and technical requirements for a 20-story, 970,000 square foot office building with 1,173 parking spaces) as a Public/Private Partnership project. Also managed the EIR process for the demolition of Parker Center, the old Los Angeles Police Department LAPD Headquarters building, and the construction of this 20-story office building project. Parker Center was constructed in 1954 was considered an historic building.

Project Manager | Boyle Heights Neighborhood City Hal
l
Pr
oject Management, programming, pre-design, design & construction management for the “Chicago Building”, a 25,000 sq. ft. unreinforced masonry building that was used to accommodate City departments in service to the Boyle Heights neighborhood. The building was purchased and upgraded for seismic safety and to serve as the Boyle Heights Neighborhood City Hall, a constituent service building for the community.

Project Manager | Demolition of Parker Center
Th
e demolition of an eight-story building of approximately 360,000 square feet with two basements that once served as the headquarters for the Los Angeles Police Department.

This project also required significant hazardous material abatement prior to the start of demolition.

Project Manager | Asbestos Plant No. 1
A
design-build for a $15M project involving the selective demolition of an old administration building and the old asbestos plant and the construction of a new asbestos plant with the ability to utilize recycled asbestos. In addition, the project included an administration building that provided office space and facilities for on-site employees at the Plant.

Project Manager | South District Sewer Sanitation Mai ntenance Yard (SDMY) SD
MY involved the replacement of facilities used for the upkeep of the sewers in the southern region of Los Angeles. The size of the vacuum trucks used for cleaning clogged sewers grew beyond the capacity of the yard of one acre. The existing facility consisted of an administration building and several masonry garage buildings. The buildings were demolished and replaced with a new administration building with office space facilities for the employees that drove the trucks and performed the maintenance activities.

Project Manager | Felipe de Neve Branch Library
Se
ismic reinforcement and expansion of an unreinforced masonry building built in the 20’s with funds provided by the Carnegie Foundation. One of many Carnegie libraries from this era to be seismically upgraded by the City.

Project Manager | Van Ness Park Gymnasium
Co
nstruction of a new gymnasium that accommodates a high school sized basketball court in an existing park in central Los Angeles. The design was a from a template derived from the Pecan Park Gymnasium.
82 DICUSSION AND/OR ACTION

AGENDA ITEM

2. 22-608
83 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 25, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer SUBJECT: Development of a Local Road Safety Plan (LRSP) RECOMMENDED ACTION:

Staff recommends that the City Council:

1. Receive a report from staff regarding the Draft Local Road Safety Plan (LRSP);

2. Ask staff any clarifying questions; and

3. By minute order refer the development of the LRSP to the Public Safety/Traffic Council Subcommittee.

BACKGROUND:

The goal of the Local Road Safety Plan (LRSP) is to eliminate traffic collision fatalities and serious injuries for all modes of transportation on City streets. The LRSP provides a framework for organizing stakeholders to identify, analyze, and prioritize safety improvements on local roads. This process typically entails assembling a core group of stakeholders such as police, fire, and engineering ; then reviewing crash, traffic, and roadway data ; engaging the community ; and culminates in a list of prioritized safety improvements.

MTC (Metropolitan Transportation Commission), Caltrans, and FHWA (Federal Highway Administration) are now requiring loca l agencies to develop a LRSP to be eligible for safety-related grants, such as the new federal Safe Streets and Roads for All and Highway Safety Improvement Program.

In 2022 the City applied for a $36,000 grant from Caltrans to develop a LRSP and was awarded the full amount, which requires a $4,000 match. Staff is currently negotiating a 22-608
84 contract with Kittelson & Associates , Inc. in the amount of $40,000 to assist the City in the development of the Plan. K ittelson was selected by the CCTA (Contra Costa Transportation Authority) to provide support to West County Cities with the development of their respective LRSPs. Utilizing Kittelson will allow Hercules’ Plan to be seamlessly integrated into CCTA Countywide Safety Action Plan that is under development. CCTA intends to apply for roadway safety grants for regional projects, which if successful would benefit individual jurisdictions such as Hercules.

ANALYSIS:

It is recommended the Public Safety/Traffic Council Subcommittee oversee the development of the Draft LRSP given its focus on traffic safety , the time commitment required, and Councilmember guidance that would be provided. In addition to the Council subcommittee members, the meetings would be atten ded by the Police Chief, Public Works Director, other identified stakeholders, and interested members of the public. The discussions would be facilitated by the Kittelson & Associates, Inc. team, who would also provide technical support including researching crash data and developing priority safety projects or strategies.

It is anticipated 2 meetings of the Council Subcommittee would be needed to develop the Draft LRSP:

 Meeting #1: Introduction to the LRSP and safety management process, discussion of st akeholder roles, discussion of crash analysis results, and initial priority locations.

 Meeting #2: Review of Draft LRSP and priority projects and strategies, identify any needed changes ahead of full City Council review.

The meetings w ould be hybrid to allow members of the public to participate remotely.

Community engagement would also include an informational website with an interactive web map to allow community members to comment on specific locations that are a safety concern to them at a time that is convenient for them.

The Draft LRSP would be brought to the full City Council for review, any needed changed would be made, and then the Final LRSP would be brought back to City Council for final approval.

FISCAL IMPACT:

There is no direct fiscal impact associated with this agenda item.

85 86

DISCUSSION AND/OR ACTION

AGENDA ITEM

3. 22-610
87 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 25, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Christopher Roke, Parks and Recreation Director SUBJECT: Special Events Update 2023-24FY
RECOMMENDED ACTION:

Receive and discuss the report, and provide feedback to staff.

EXECUTIVE SUMMARY:

The Hercules City Council directed staff to budget money to bring a variety of Special Events to Hercules in a collaborative effort with the Bayfront Chamber of Commerce.

Staff is here tonight to report on a series of Special Events that the city could not otherwise provide, including events like National Night Out, Bay Front Festival and Run, Bottles and Bites, and the Hercules Cultural Festival.

BACKGROUND:

In FY 2021-22, the Hercules City Council budgeted $100,000 for special events in an effort to encourage the community to come back together after the impacts of the COVID-19 pandemic. City Council budgeted up to $75,000 to bring a Fireworks Celebration back to the City of Hercules and an additional $25,000 to enter into an agreement with the Bayfront Chamber of Commerce for various other special events.

On July 4, 2022, the Cities of Hercules and Pinole reached an agreement to work together to create one large Fireworks Celebration show. A task force was formed with that objective in mind. After researching options, the two cities agreed to launch the joint Fireworks Celebration Show from the back corner of Ledcor Block M of the Hercules Bayfront. The result was a spectacular aerial show that lasted a little over 20 minutes, shared by an in-person crowd of a few thousand people along the Bayfront.

In 2022-23FY, the City Council allocated $50,000 for a Fireworks Celebration and $35,000 to produce a series of events with the Bayfront Chamber of Commerce to produce (4) four special events including National Night Out, the Bay Front Festival and 22-610
88 Run, Bottles and Bites, and the Hercules Cultural Festival. The recent July 4, 2023 Fireworks Celebration on the Bayfront was the final event for the FY 2022-2023. Many commented that the aerial firework display was magnificent with a crowd exceeding the number of attendees from the previous year.

ANALYSIS:

The City of Hercules is fortunate to have worked with the Bayfront Chamber of Commerce the past two years on a series of events. Staff has met with the Chamber and recommends the following events for the 2023-24FY:

1. Tu 8/1/23 National Night Out (at Refugio Valley Park)

2. Sa 10/1/23 Bayfront Festival and Run (at the Bayfront)

3. Su 3/24/24 Bottles and Bites (at the Community Swim Center)

4. Su 6/2/24 Cultural Fest (at Refugio Valley Park)

In future years, staff recommends considering swapping out either the Run/Festival or the Bottles and Bites event. The Run/Festival could be replaced by Women’s Day, potentially held in November, or a Crab Feed, potentially held in January. The events selected are intended to include a variety of types of events both inside and outside, and appropriate for all ages in the community.

Because National Night Out is always held the first Tuesday of August, and the plans for this event must start before the end of the FY, Staff recommends that we add the funding for the National Night Out event in the current year. Should the Hercules City Council agree, staff will bring this proposal back as part of the mid-year budget review.

FISCAL IMPACT:

As part of the adopted FY 2023-2024 Annual Budget, the City Council allocated $35,000 towards (4) specific events to be produced by the Bayfront Chamber of Commerce in the FY 2023-2024, and $50,000 for a City-sponsored Fourth of July Fireworks Celebration.

No additional funds are requested.

ATTACHMENTS:

None
89

Hercules City CouncilJuly 25, 2023

Hercules City Council
July 25, 2023