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www.losbanos.org
AGENDA
CITY COUNCIL MEETING
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
APRIL 6, 2022 - 6:00 PM
1••·································································································•················· ...................................................................... ············· ································· ·····················-·· If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting.
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * •• *
Si requiere asistencia especial para atender o participar en esta junta por favor flame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas previas de /a junta.
La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990. · ......................................................................................................................................................................................................................................................................................... . 1 1
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City's website at www.Josbanos.org.
* * * * * * * ** * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayorfa def Ayuntamiento respecto a cualquier artfculo en este orden def df a sera hecho disponible para la inspecci6n publica en la reunion y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos,
California durante horas de oficina normales. Ademas, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org. "••·•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••"••••••••••••• ••••••••••••••••••••••••••••••••••••••·••••O,•>>Oo••••• ••HHO••••• •••••••••••••••••• •••••••••••• ••••••••••H .. •••••••·•••••••••••••••••••••••••••••••o
1. CALL TO ORDER - April 6, 2022 6:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
Jones __ , Lambert __ , Lewis __ , Llamas __ , Faria __
4. CONSIDERATION OF APPROVAL OF AGENDA
5. PUBLIC FORUM. (Members of the public may address the City Council Members on any item of public interest that is within the jurisdiction of the City Council; Los Banos City Council Agenda - April 6, 2022 Page 1 of4 1 includes agenda and non-agenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines on how to participate and make comments are listed on pages 1 and 2 of this agenda. Comments received prior to the meeting will be read into the record at the appropriate time during the City Council Meeting.)
6. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.) A. Check Register for#231411 - #232012 in the Amount of $2,449,347.33.
Recommendation: Approve the check register as submitted.
B. Minutes for the March 2, 2022 City Council Meeting.
Recommendation: Approve the check minutes as submitted.
C. Minutes for the March 16, 2022 City Council Meeting.
Recommendation: Approve the check minutes as submitted.
D. City Council Resolution No. 6477 - To Oppose Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 6478 - Authorizing the City Manager to Execute a Professional Services Agreement with Mark Thomas for the Preparation of a Downtown Master Plan in the Amount Not to Exceed $249,901.00.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 6479 - Authorizing the City Manager to Execute a Professional Services Agreement with Galvin Preservation Associates, Inc. for Environmental Clearance and Landscape Architecture Services for the Pioneer Road Widening Project in the Amount not to Exceed $1,982,098.69.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 6480 - Authorizing Entering into an Eighth Amendment to the Landscape Maintenance Contract Between the City of Los Banos and Ronny's Inc. Extending the Contract Term Commencing October 1, 2021 and Terminating September 30, 2022.
Recommendation: Adopt the resolution as submitted.
H. City Council Resolution No. 6481 - Authorizing Expenditures from the American Rescue Plan Act (ARPA) and Adopting a Revised Budget for Fiscal Year 2021/2022 in the Amount of $107,500 as it Pertains to Expenditures Los Banos City Council Agenda -April 6, 2022 Page 2 of4 2 Related to the Non-Congregate Emergency Shelter for those Experiencing Homelessness.
Recommendation: Adopt the resolution as submitted.
7. LOS BANOS DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT (PBID) ANNUAL REPORT.
Recommendation: Receive staff report and approve the report as submitted.
8. LOS BANOS GENERAL PLAN UPDATE SPHERE OF INFLUENCE.
Recommendation: Receive staff report and direction from the City Council on how to proceed.
9. APPOINT COMMISSIONERS TO THE FOLLOWING COMMISSIONS:
A. Airport Advisory Commission - Two (2) Vacancies
One (1) Unexpired Term - Expiring December 31, 2023
B. Tree Commission - Two (2) Vacancies
Two (2) Unexpired Terms - Expiring December 31, 2023
Recommendation: Appoint commissioners to fill the vacancies.
10. ADVISEMENT OF PUBLIC NOTICES. (Four Reports)
Recommendation: Informational item only, no action to be taken.
11. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
12. REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.
Recommendation: Informational item only, no action to be taken.
13. CITY COUNCIL MEMBER REPORTS.
A. Deborah Lewis
B. Refugio Llamas
C. Brett Jones
D. Kenneth Lambert
E. Mayor Tom Faria
Los Banos City Council Agenda - April 6, 2022 Page 3of4 3 14. CLOSED SESSION.
A. Public Employee Discipline/Dismissal/Release, Pursuant to Government Code Section 54957(b).
B. Public Employee Performance Evaluation, Title: City Manager, Pursuant to Government Code Section 54957.
15. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing a~ •w;,:~all bulletin board not less than 72 hours pnor to the meeting.
Sara Blevins, Deputy City Clerk Dated this 31 st day of March 2022 Los Banos City Council Agenda - April 6, 2022 Page 4of4 4 CK# 231411 - # 232012
Bank Reconciliation
Checks by Date
User: jcanchola
Printed: 03/30/2022 - 1 : I 5PM
Cleared and Not Cleared Checks
Print Void Checks
Check Check Date Name
231411 3/11/2022 Alhambra
231412 3/11/2022 Abbott & Kindermann, Inc.
231413 3/11/2022 Anderson Pump Company Inc
231414 3/11/2022 Anthony Gomes
231415 3/11/2022 Apex Annex Health Center, Inc.
231416 3/11/2022 Aramark Uniform Ser Inc
231417 3/11/2022 AT&T
231418 3/11/2022 Borelli Real Estate Service, Inc.
231419 3/11/2022 Borges & Mahoney Company
231420 3/11/2022 Brinks Inc.
231421 3/11/2022 BSK Associates
231422 3/11/2022 Violeta Barba
231423 3/11/2022 Ca Dept of Justice
231424 3/11/2022 California Rural Water Assoc.
231425 3/11/2022 John Cates
231426 3/11/2022 CENCAL Machine & Fabrication Inc.
231427 3/11/2022 Anthony Centeno
231428 3/11/2022 City Signs
231429 3/11/2022 Comcast
231430 3/11/2022 Copy Shipping Solutions
231431 3/11/2022 CSG Consultants Inc.
231432 3/11/2022 LN Curtis & Sons
231433 3/11/2022 DBT Transportation Services LLC
231434 3/11/2022 Dispensing Technology Corporation
231435 3/11/2022 E & J Elite Plumbing
231436 3/11/2022 Employee Relations, Inc.
231437 3/11/2022 ESO Solutions, Inc.
231438 3/11/2022 Farmer Brothers Coffee
231439 3/11/2022 Fastenal Company
231440 3/11/2022 Federal Express Corporation
231441 3/11/2022 Fun Express LLC
231442 3/11/2022 Gouveia Engineering Inc.
231443 3/11/2022 Halo Branded Solutions Inc.
231444 3/11/2022 Helena Chemical Co Inc
231445 3/11/2022 Henley Pacific, LLC
231446 3/11/2022 InfoSend Inc.
231447 3/11/2022 Image Point Signs
231448 3/11/2022 Kone Inc.
231449 3/11/2022 Laboratory Corporation of America Holdings 231450 3/11/2022 Michael Lewallen
231451 3/11/2022 Isael Lopez
231452 3/11/2022 Lucas Business Systems
231453 3/11/2022 Marfab Inc
231454 3/11/2022 Matson Alarm Co Inc
231455 3/11/2022 McCrometer Inc.
04/06/2022 $2,449,347.33
LOsBanos
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231456 3/11/2022 Merced County Regional Waste Management Authority AP Amount
82.84 1,300.00
16,706.21
683.43
250.00
831.28
235.84
90.00 3,105.17
895.41
833.00
600.00
926.00
1,435.00
78.00 478.29
86.96 1,209.66
231.99
478.50
132,284.43
531.16
82.78 10,965.13
750.00
50.00 2,852.03
65.16 1,066.77
11.98 1,539.71
29,354.28
421.66
2,310.94
355.57
6,555.06
325.75
791.76
414.00
1,550.00
274.30
2,327.56
267.49
189.00
351.00
4,511.58
5 231457 3/11/2022 Merced Truck & Trailer Inc AP 127.80 231458 3/11/2022 Monterey Auto Services Inc. AP 180.00
231459 3/11/2022 Samuel Morales AP 1,880.00
231460 3/11/2022 Griselda Mejia AP 450.00
231461 3/11/2022 Lupe Meledrez AP 50.00
231462 3/11/2022 Rebecca Munoz AP 600.00
231463 3/11/2022 Napa Auto Parts of Los Banos AP 631.07 231464 3/11/2022 NDN International LLC AP 1,185.87
231465 3/11/2022 The Office City AP 209.54
231466 3/11/2022 OSE AP 108.71
231467 3/11/2022 On Target Marketing AP 787.81
231468 3/11/2022 O'Reilly Auto Parts AP 146.95
231469 3/11/2022 PB Loader Corporation AP 348.91
231470 3/11/2022 PG&E Company AP 7,871.27
231471 3/11/2022 Pace Supply Corp. AP 1,649.41
231472 3/11/2022 Pitney Bowes Inc AP 473.25
231473 3/11/2022 Premier Access Insurance Co. AP 19,808.79 231474 3/11/2022 Professional Fire Fighter AP 900.00
231475 3/11/2022 Provost and Pritchard Engineering, Inc. AP 4,164.90 231476 3/11/2022 Purchase Power Inc AP 3,030.00
231477 3/11/2022 Protech Security & Electronics, Inc. AP 318.00 231478 3/11/2022 Quad Knopf, Inc. AP 790.90
231479 3/11/2022 RDO Equipment Co. AP 21,937.34
231480 3/11/2022 Justin Ragunton AP 78.00
231481 3/11/2022 Reliable Termite Solutions, Inc. AP 95 .00
231482 3/11/2022 Elias Reyes AP 78.00
231483 3/11/2022 Ronny's Inc. AP 7,199.21
231484 3/11/2022 Safe T Lite of Modesto, Inc. AP 626.32 231485 3/11/2022 Sarah Sanchez AP 460.09
231486 3/11/2022 Domingo Sandoval AP 600.00
231487 3/11/2022 Santos Ford Inc. AP 460.09
231488 3/11/2022 Sherwin Williams Co AP 132.00
231489 3/11/2022 SHI International Corp AP 185,502.01
231490 3/11/2022 Robert & Susan Hansen AP 282.75
231491 3/11/2022 Natalie Sobalvarro AP 1,050.00
231492 3/11/2022 Springbrook Software, Inc. Springbrook Holding Company LLC AP 2,277.00 231493 3/11/2022 Sorensens True Value AP 1,203.39
231494 3/11/2022 Specialty Distributors, Inc. AP 268
.16
231495 3/11/2022 Sprint Solutions, Inc. AP 189.95
231496 3/11/2022 Sun Life Financial AP 7,382.08
231497
3/11/2022 Superior Pool Products, LLC AP 3,626
.31
231498 3/11/2022 The Don Chapin Co., Inc. AP 4,447.88
231499 3/11/2022 Tractor Supply Credit Plan AP 51.10
231500 3/11/2022 United Site Services, Inc. AP 122.63
231501 3/11/2022 Sabrina Carrasco AP 117.58
231502 3/11/2022 BellaMia Real Estate AP 117.58
231503
3/ 11/2022 Michael Rouch AP 36
.60
231504 3/11/2022 MHP Builders Inc AP 173.18
231505 3/11/2022 D.R. Horton AP 161.63
231506 3/11/2022 D.R Horton AP 161.63
231507
3/11/2022 Rodrigo Gonzalez AP 85.89
231508 3/11/2022 Edward Kim AP 152.44
231509 3/11/2022 Lisa Miano AP 32
.01
231510 3/11/2022 Westhill Real Estate AP 114.42
231511 3/11/2022 D.R. Horton AP 159.38
231512 3/11/2022
D.R. Horton AP 159.38
231513 3/11/2022 Teresa Garrido-Salgado AP
4.91 6
231514 3/11/2022 Juan Villa AP 20.76
231515 3/11/2022 Blossom Valley Realty AP 76.37
231516 3/11/2022 Sonja Mondragon AP 28.84
231517 3/11/2022 D.R. Horton AP 158.62
231518 3/11/2022 D.R. Horton AP 158.62
231519 3/11/2022 Phuong Phan AP 73.22
231520 3/11/2022 Manuel Medeiros AP 96.88
231521 3/11/2022 Sybil Panchal AP 9.82
231522 3/11/2022 D.R. Horton AP 154.02
231523 3/11/2022 MHP Builders Inc AP 165.51
231524 3/11/2022 CALJAX, INC AP 282.22
231525 3/11/2022 TRSOP'sLLC AP 165.14
231526 3/11/2022 D.R. Horton AP 162.45
231527 3/11/2022 Arvind Sabherwal AP 190.48
231528 3/11/2022 Jesse Perez AP 30.24
231529 3/11/2022 Rick Scurti AP Void 855.86
231530 3/11/2022 Blanca Corona AP 44.39
231531 3/11/2022 Carrington Point Apts AP 1,618.14
231532 3/11/2022 Verizon Wireless AP 404.13
231533 3/11/2022 Westside Water Conditioning AP 423.40
231534 3/11/2022 Windecker Inc AP 7,624.16
231536 3/14/2022 Tariq Abedi AP 51.91
231537 3/14/2022 Gerald Abreu, Sr AP 31.67
231538 3/14/2022 Baltazar Acosta AP 31.67
231539 3/14/2022 Jaime Acosta AP 31.67
231540 3/14/2022 Allison Aguilar AP 76.26
231541 3/14/2022 Julie Aguiniga AP 44.57
231542 3/14/2022 Elijah Aldridge AP 31.67
231543 3/14/2022 Nicholas & Char!esa Almanza AP 31.67
231544 3/14/2022 Rudy Almeras AP 31.67
231545 3/14/2022 Antonio Alvarado Crespin AP 31.67
231546 3/14/2022 Claudia Arciniega AP 51.63
231547 3/14/2022 Efrain Arreguin Lopez AP 124.23
231548 3/14/2022 Fernando and Macy Lou Artalejo AP 31.67 231549 3/14/2022 Melissa Avila AP 71.60
231550 3/14/2022 Patricia Bautista AP 31.67
231551 3/14/2022 Stephanie and Sean Bayard AP 31.67
231552 3/14/2022 BI Correctional Services, Inc AP 84.15 231553 3/14/2022 Nicolas Bohr AP 10.09
231554 3/14/2022 Jeff Bondi AP 31.67
231555 3/14/2022 Joe Bondi AP 31.67
231556 3/14/2022 Rich Borbon AP 31.67
231557 3/14/2022 James & Yvonne Bostick AP 31.67
231558 3/14/2022 Breckenridge Property Fund 2016 LLC AP 31.67 231559 3/14/2022 Marlyn Briseno Preciado AP 31.67
231560 3/14/2022 Joshua Bristow AP 31.67
231561 3/14/2022 Carol Brown AP 31.67
231562 3/14/2022 Margaret Bruns-Brown AP 31.67
231563 3/14/2022 Matthew Bustamante AP 31.67
231564 3/14/2022 Charles Calcagno AP 31.67
231565 3/14/2022 Calcagno, Charles J.,D.C. AP 44.57
231566 3/14/2022 Ria Calderon AP 31.67
231567 3/14/2022 Laura Camp AP 31.67
231568 3/14/2022 Annette Campos AP 31.67
231569 3/14/2022 Hilda Campozano-Cholico AP 90.80
231570 3/14/2022 Tracey Canepa AP 31.67
231571 3/14/2022 Ramiro Cardenas AP 31.67
7 231572 3/14/2022 Miguel Cardoza AP 31.67
231573 3/14/2022 Rodney & Karin Carlstedt AP 46.73
231574 3/14/2022 Michael Caropeso AP 259.10
231575 3/14/2022 Gloria Carraman AP 31.67
231576 3/14/2022 Angelita Carrillo AP 31.67
231577 3/14/2022 Larry Carvalho AP 31.67
231578 3/14/2022 Jesse Castillo AP 31.67
231579 3/14/2022 Maria Ceja AP 31.67
231580 3/14/2022 CENCAL Auto and Truck Parts AP 113.98
231581 3/14/2022 Luz Maria Cerda AP 31.67
231582 3/14/2022 Rudy Cervantes AP 31.67
231583 3/14/2022 Graciela Chavez AP 31.67
231584 3/14/2022 Juan & Maria Chavez AP 31.67
231585 3/14/2022 Susan Christie AP 31.67
231586 3/14/2022 Tony Clement AP 31.67
231587 3/14/2022 Cloverland Property Management AP 95.09 231588 3/14/2022 Mary Coakley AP 31.67
231589 3/14/2022 Comcast Cable Communications AP 436.61 231590 3/14/2022 Tamara Compton AP 51.63
231591 3/14/2022 L'Awentura, LLC Conte Plaza AP 236.51
231592 3/14/2022 Iliana Contreras AP 31.67
231593 3/14/2022 Eric Corona AP 31.67
231594 3/14/2022 Irene Coronado AP 31.67
231595 3/14/2022 Lydia Corr AP 31.67
231596 3/14/2022 Nicholas Cox AP 31.67
231597 3/14/2022 Ma Neri Cruz-Barragan AP 31.67
231598 3/14/2022 Blanca Cuevas AP 31.67
231599 3/14/2022
D.R. Horton AP 22.99
231600 3/14/2022 D.R. Horton AP 22.99
231601 3/14/2022 D.R. Horton AP 22.99
231602 3/14/2022 D.R. Horton AP 22.99
231603 3/14/2022 D.R. Horton AP 22.99
231604 3/14/2022 D.R. Horton AP 22.99
231605 3/14/2022 D.R. Horton AP 22.99
231606 3/14/2022 D.R. Horton AP 22.99
231607 3/14/2022 D.R. Horton AP 22.99
231608 3/14/2022 D.R. Horton AP 22.99
231609 3/14/2022 D.R. Horton AP 22.99
231610 3/14/2022 Evilasio Da Paz AP 31.67
231611 3/14/2022 Loretta Daguerre AP 160.43
231612 3/14/2022 Damm Fine Pizza. LLC AP 492.45
231613 3/14/2022 Virgil Darnell AP 31.67
231614 3/14/2022 Audra Darwood AP 31.67
231615 3/14/2022 Kary Ann Dearing AP 31
.67
231616 3/14/2022 Pacific Credit Services AP Void 343.76 231617 3/14/2022 Xicotencatli Diaz AP 31.67
231618 3/14/2022 Alice Erratchu AP 31.67
231619 3/14/2022 Dominga Espinosa Ramos AP 31.67
231620 3/14/2022 Bianca Espinoza AP 31.67
231621 3/14/2022 Maurice Etcheverry AP 4.01
231622 3/14/2022 Ethan Conrad Properties AP 106.55
231623 3/14/2022 Famous Footwear #62802 AP 793.70
231624 3/14/2022 Maria Fernandez AP 31.67
231625 3/14/2022 Pilar Ferreira AP 31.67
231626 3/14/2022 Steven Gallichio AP 31.67
231627 3/14/2022 Joe & Marlene Gargano AP 31.67
231628 3/14/2022 Josh Gomes AP 31.67
8 231629 3/14/2022 Silvia Gonzalez Lizola AP 31.67
231630 3/14/2022 Laura Gonzalez Montano AP 31.67
231631 3/14/2022 Graystone Property Management, Inc. AP 36.36 231632 3/14/2022 Graystone Property Management, Inc. AP 52.90 231633 3/14/2022 Samantha Guajardo AP 530.04
231634 3/14/2022 Letty Gutierrez AP 31.67
231635 3/14/2022 Winnie Ha AP 31.67
231636 3/14/2022 Randall & Linda Head AP 31.67
231637 3/14/2022 Abraham Hernandez Ramirez AP 31.67
231638 3/14/2022 Holt Of California AP 309.02
231639 3/14/2022 Khristian Hyer AP 44.57
231640 3/14/2022 Brent & Lori Ingram AP 31.67
231641 3/14/2022 Jeanette Iniguez AP 31.67
231642 3/14/2022 Martin Irwin AP 31.67
231643 3/14/2022 Samuel and Angela Jacquez AP 31.67
231644 3/14/2022 Ana Jaime AP 31.67
231645 3/14/2022 Janeet Jeronimo AP 31.67
231646 3/14/2022 Jesus Mexican Restaurant AP 180.68
231647 3/14/2022 Rosa Jimenez AP 31.67
231648 3/14/2022 Juan Luis & Reyna Jimenez Rosales AP 31.67 231649 3/14/2022 Arturo Jimenez, Jr. AP 31.67
231650 3/14/2022 Michael Joanis AP 31.67
231651 3/14/2022 Christian Jones AP 31.67
231652 3/14/2022 Marvin Jones AP 31.67
231653 3/14/2022 Richard W & Patricia Jones AP 31.67
231654 3/14/2022 Matthew Jorge AP 31.67
231655 3/14/2022 Stephanie Kayanek AP Void 161.75
231656 3/14/2022 Roger Klette AP 31.67
231657 3/14/2022 Margie Lagmay AP 31.67
231658 3/14/2022 Jennifer Lampreda AP 31.67
231659 3/14/2022 Lucille Latronica AP 31.67
231660 3/14/2022 Noah Lawson AP 31.67
231661 3/14/2022 Mario Loera Sanchez AP 31.67
231662 3/14/2022 Debbie Lopez AP 31.67
231663 3/14/2022 lness Lopez AP 31.67
231664 3/14/2022 Joaquin Lopez Garcia AP 58.29
231665 3/14/2022 Erika Lopez-Medel AP 3i.67
231666 3/14/2022 Los Banos Marketplace, LLC. AP 241.57
231667 3/14/2022 Los Banos Property Management Services AP 31.67 231668 3/14/2022 Los Banos Property Management Services AP 31.67 231669 3/14/2022 Los Banos Unified School District AP 202.12 231670 3/14/2022 Sandra Lovelace AP 31.67
231671 3/14/2022 Jonathan Low AP 31.67
231672 3/14/2022 Jose Luna AP 55.62
231673 3/14/2022 Sandy Machado AP 25.33
231674 3/14/2022 Michael Malott AP 31.67
231675 3/14/2022 Mansoury LLC AP 113.98
231676 3/14/2022 Alyssa Martinez AP 31.67
231677 3/14/2022 Amy Martinez AP 31.67
231678 3/14/2022 Joe Mcquire AP 31.67
231679 3/14/2022 Alifonso Mendoza AP 95.09
231680 3/14/2022 Barney & Maria Meza AP 31.67
231681 3/14/2022 Lloyd & Jessie Milam AP 181.67
231682 3/14/2022 Mary Millard AP 31.67
231683 3/14/2022 Stephanie Mitchell AP 31.67
231684 3/14/2022 Robert Molina AP 31.67
231685 3/14/2022 Johnah Mondragon AP 31.67
9 231686 3/14/2022 Sergio Montes AP 31.67
231687 3/14/2022 Rory & Linda Moore AP 31.67
231688 3/14/2022 Mathew Morales AP 31.67
231689 3/14/2022 Brenda Morales-Diaz AP 31.67
231690 3/14/2022 John & Jo Anna Morris AP 31.67
231691 3/14/2022 Blanca Munoz AP 31.67
231692 3/14/2022 New Horizon Apartments AP 429.77
231693 3/14/2022 Orchard Terrace Estates, LLC AP 31.67
231694 3/14/2022 Juan Ornelas Madrigal AP 31.67
231695 3/14/2022 Pacific Credit Services AP 120.89
231696 3/14/2022 Pacific Credit Services AP 31.67
231697 3/14/2022 Pacific Credit Services AP 83.37
231698 3/14/2022 Pacific Credit Services AP 56.54
231699 3/14/2022 Pacific Credit Services AP 31.67
231700 3/14/2022 Pacific Credit Services AP 130.36
231701 3/14/2022 Pacific Credit Services AP 368.26
231702 3/14/2022 Pacific Credit Services AP 51.91
231703 3/14/2022 Pacific Credit Services AP 31.67
231704 3/14/2022 Pacific Credit Services AP 31.67
231705 3/14/2022 Pacific Credit Services AP 31.67
231706 3/14/2022 Pacific Credit Services AP 592.08
231707 3/14/2022 Pacific Credit Services AP 31.67
231708 3/14/2022 Pacific Credit Services AP 69.89
231709 3/14/2022 Pacific Credit Services AP 479.52
231710 3/14/2022 Pacific Credit Services AP 31.67
231711 3/14/2022 Pacific Credit Services AP 31.67
231712 3/14/2022 Pacific Credit Services AP 11.22
231713 3/14/2022 Pacific Credit Services AP 115.01
231714 3/14/2022 Pacific Credit Services AP 31.67
231715 3/14/2022 Pacific Credit Services AP 126.70
231716 3/14/2022 Pacific Credit Services AP 75.22
231717 3/14/2022 Pacific Credit Services AP 31.67
231718 3/14/2022 Pacific Credit Services AP 31.67
231719 3/14/2022 Pacific Credit Services AP 31.67
231720 3/14/2022 Pacific Credit Services AP 71.22
231721 3/14/2022 Pacific Credit Services AP 55.54
231722 3/14/2022 Pacific Credit Services AP 31.67
231723 3/14/2022 Pacific Credit Services AP 256.98
231724 3/14/2022 Pacific Credit Services AP 595.23
231725 3/14/2022 Pacific Credit Services AP 109.06
231726 3/14/2022 Pacific Credit Services AP 92
.89
231727 3/14/2022 Jaime Palominos AP 31.67
231728 3/14/2022 Sybil Panchal AP 31.67
231729 3/14/2022 Rosalina Perez AP 31
.67
231730 3/14/2022 Veronica Perez AP 31.67
231731 3/14/2022 Maria Perez De Ramirez AP 31.67
231732 3/14/2022 Robert & Diana Pfitzer AP 98.00
231733 3/14/2022 John & Adrienne Piasta AP 31.67
231734 3/14/2022 Jared Pimentel AP 31.67
231735 3/14/2022 Premiere Cinema Plaza AP 319.06
231736 3/14/2022 Doug Price AP 31.67
231737 3/14/2022 Valentino Quistian AP 31.67
231738 3/14/2022 Magaly Ramirez AP 33.08
231739 3/14/2022 Reina Recendiz Salas AP 31.67
231740 3/14/2022 Bob Reister AP 31.67
231741 3/14/2022 Rent
- A - Center, Inc., Store # 0252 AP 709.02
231742 3/14/2022 Ortense Reyes AP 31.67
10 231743 3/14/2022 Eloisa Reynolds AP 31.67
231744 3/14/2022 Lydia Ricks AP 31.67
231745 3/14/2022 Marta Rivas AP 31.67
231746 3/14/2022 Adan Rivera-Hernandez AP 3.35
231747 3/14/2022 Judith Robart AP 31.67
231748 3/14/2022 Alfred Rocha AP 31.67
231749 3/14/2022 Maria Ysabel Rodriguez AP 31.67
231750 3/14/2022 Jennie Rodriquez AP 31.67
231751 3/14/2022 Tony Roman Sr. AP 31.67
231752 3/14/2022 Ashley Root AP 31.67
231753 3/14/2022 RP Communications AP 44.57
231754 3/14/2022 Jason Sabala AP 31.67
231755 3/14/2022 Guadalupe Sanchez Munoz AP 31.67
231756 3/14/2022 Savemart Supermarkets #631 AP 1,046.10 231757 3/14/2022 Rosemary Schearing AP 69.39
231758 3/14/2022 Michael Schwach AP 31.67
231759 3/14/2022 David Scott AP 31.67
231760 3/14/2022 Edna Sefa AP 31.67
231761 3/14/2022 Jaclyn Shields AP 31.67
231762 3/14/2022 Elias Sibrian AP Void 111.52
231763 3/14/2022 Steven Silcox AP 72.13
231764 3/14/2022 Fernando Silva AP 31.67
231765 3/14/2022 Simply Unique AP 44.57
231766 3/14/2022 Robert Sliger AP 31.67
231767 3/14/2022 Miguel Solano AP 31.67
231768 3/14/2022 Jose & Jackie Solis AP 31.67
231769 3/14/2022 Tyler Sorensen AP 31.67
231770 3/14/2022 Daniel Soto AP 31.67
231771 3/14/2022 Anna Strauss AP 31.67
231772 3/14/2022 Jayme Sturla AP 31.67
231773 3/14/2022 Subway Sandwiches/tcby-lb AP 323.03
231774 3/14/2022 Sunset Hills Development AP 31.67
231775 3/14/2022 Sunshine Donuts AP 98.00
231776 3/14/2022 Paul Tankersley AP 31.67
231777 3/14/2022 Ronald Tavares AP 31.67
231778 3/14/2022 The Car Guys AP 191.47
231779 3/14/2022 Susie Tong AP 31.67
231780 3/14/2022 Maria Tostado AP 51.91
231781 3/14/2022 Stephanie Tramonte AP 239.17
231782 3/14/2022 CuongTran AP 20.18
231783 3/14/2022 Rafael Trevino, Jr. AP 31.67
231784 3/14/2022 Jose Trindade AP 31.67
231785 3/14/2022 UC Construction AP 28.33
231786 3/14/2022 UC Construction AP 22.99
231787 3/14/2022 UC Construction AP 22.99
231788 3/14/2022 UC Construction AP 22.99
231789 3/14/2022 UC Construction AP 22
.99
231790 3/14/2022 UC Construction AP 33.67
231791 3/14/2022 UC Construction AP 22.99
231792 3/14/2022 UC Construction AP 22.99
231793 3/14/2022 UC Construction AP 31.89
231794 3/14/2022 Junior and Lucy Urbina AP 31.67
231795 3/14/2022 Frank Valadao AP 31.67
231796 3/14/2022 Gabriel Valdez Jr. AP 31.67
231797 3/14/2022 Christian Valdivia AP 31.67
231798 3/14/2022 Ramon Valencia AP 31.67
231799 3/14/2022 Ray Valencia AP 51.91
11 231800 3/14/2022 Valli Wide Wholesale AP 113.98
231801 3/14/2022 Ebelia & Rolando Vargas AP 31.67
231802 3/14/2022 Monica Vasquez AP 48.42
231803 3/14/2022 Nancy Velador AP 31.67
231804 3/14/2022 Antonio & Maria Venegas AP 31.67
231805 3/14/2022 Judith Vogt AP 18.18
231806 3/14/2022 Mary Jane Walsh AP 44.57
231807 3/14/2022 Ward Road Apartments, L.P. AP 3,943.35 231808 3/14/2022 Westhill Property Mgmt AP 2.00
231809 3/14/2022 Joel Whitehurst Jr AP 31.67
231810 3/14/2022 Darryl Williams AP 31.67
231811 3/14/2022 Dawn Wright AP 31.67
231812 3/14/2022 Xerox Financial Services AP 2,464.46
231813 3/14/2022 Kasondra Young AP 31.67
231814 3/14/2022 Alan Zeisbrich AP 31.67
231821 3/18/2022 A Plus Plumbing LLC AP 601.50
231822 3/18/2022 Amerigas Propane, LP AP 814.48
231823 3/18/2022 Apex Annex Health Center, Inc. AP 1,683.00 231824 3/18/2022 Aramark Uniform Ser Inc AP 1,050.00
231825 3/18/2022 AramarkUniform & Career Apparel Group, Inc. AP 417.30 231826 3/18/2022 AT&T Mobility AP 174.25
231827 3/18/2022 AT&T AP 1,317
.30
231828 3/18/2022 AT&T AP 159.79
231829 3/18/2022 Backflow Apparatus & Valve Co. AP 901.65 231830 3/18/2022 Battery Systems, Inc. AP 35.77
231831 3/18/2022 BJ's Consumers Choice AP 86.00
231832 3/18/2022 Richard A Blak Phd AP 900.00
231833 3/18/2022 BSK Associates AP 2,404.75
231834 3/18/2022 Ca Dept of Justice AP 2,943.00
231835 3/18/2022 Caliber Bodyworks, Inc. AP 4,339.04
231836 3/18/2022 CENCAL Machine & Fabrication Inc. AP 1,515.79 231837 3/18/2022 Central Sanitary Supply AP 276.95
231838 3/18/2022 CSNRMA AP 390,054.00
231839 3/18/2022 Comcast AP 10.58
231840 3/18/2022 Critical Reach Inc. AP 610.00
231841 3/18/2022 Custom Locksmith & Alarm Inc. AP 1,246.82 231842 3/18/2022 Downtown Ford Sales AP 33,756.97
231843 3/18/2022 Elk Grove Auto Group, Inc. AP 65,314.96 231844 3/18/2022 Fastenal Company AP 17.00
231845 3/18/2022 Federal Express Corporation AP 54.92
231846 3/18/2022 Halcyon Creek Inc. AP 13,816.11
231847 3/18/2022 Henley Pacific, LLC AP 65.36
231848 3/18/2022 Kalmikov Enterprises, Inc AP 327.14
231849 3/18/2022 TimJLaw AP 800.00
231850 3/18/2022 League of California Cities AP 64.21
231851 3/18/2022 Michael Lewallen AP 783.00
231852 3/18/2022 Lucas Business Systems AP 345.14
231853 3/18/2022 Los Banos Unified School District AP 600.00 231854 3/18/2022 Miriam Lopez AP 600.00
231855 3/18/2022 Marfab Inc AP 1,087.92
231856 3/18/2022 Merced County Law Enforcement Chiefs Association AP 125.00 231857 3/18/2022 Merced Truck & Trailer Inc AP 112.69
231858 3/18/2022 Madera Uniform & Accessories AP 5,379.86 231859 3/18/2022 Modesto Janitorial Supply Center, Inc. AP 325.36 231860 3/18/2022 Monterey Auto Services Inc. AP 305.00
231861 3/18/2022 kevin Manwaring AP 500.00
231862 3/18/2022 NDN International LLC AP 2,248.12
12 231863 3/18/2022 The Office City AP 142.19
231864 3/18/2022 O'Reilly Auto Parts AP 1,145.29
231865 3/18/2022 PG&E Company AP 30.35
231866 3/18/2022 PG&E Company AP 4,000.00
231867 3/18/2022 Pinnacle Medical Group, Inc. AP 315.00 231868 3/18/2022 PlaceWorks, Inc. AP 47,674.09
231869 3/18/2022 Precision Civil Engineering, Inc AP 262.50 231870 3/18/2022 Provost and Pritchard Engineering, Inc. AP 6,453.74 231871 3/18/2022 Protech Security & Electronics, Inc. AP 180.00 231872 3/18/2022 Ronny's Inc. AP 38,976.29
231873 3/18/2022 Ronny's Inc. AP 13,596.15
231874 3/18/2022 Ronny's Inc. AP 7,345.67
231875 3/18/2022 SNAPCD AP 577.00
231876 3/18/2022 Save Mart Supermarkets AP 54.55
231877 3/18/2022 Sherwin Williams Co AP 612.65
231878 3/18/2022 Sorensens True Value AP 764.14
231879 3/18/2022 Sprint Solutions, Inc. AP 645.83
231880 3/18/2022 Stommel, Inc. AP 33,593.30
231881 3/18/2022 Swinerton Builders AP 376,797.71
231882 3/18/2022 Talley Oil Inc. AP 2,055.87
231883 3/18/2022 Tyler Technologies, Inc. AP 130.00
231884 3/18/2022 United Rotary Brush Corp. AP 6,756.77
231885 3/18/2022 United Textile AP 210.83
231886 3/18/2022 Stephanie Pereira AP 21.82
231887 3/18/2022 Pacific Credit Services AP 343.76
231888 3/18/2022 Stephanie Kayanek AP 161.75
231889 3/18/2022 Elias Sibrian AP 111.52
231890 3/18/2022 Verizon Wireless AP 114.03
231891 3/18/2022 West Publishing Corporation AP 404.20
231892 3/18/2022 Young's Air Conditioning AP 348.50
231893 3/18/2022 Aflac-Customer Service AP 366.86
231894 3/18/2022 AFSCME District Council 57 AP 1,351.43 231895 3/18/2022 City of Los Banos Escrow Account AP 5,839.86 231896 3/18/2022 Franchise Tax Board AP 630.45
231897 3/18/2022 Los Banos Fitness & AP 354.00
231898 3/18/2022 Los Banos Police Assn AP 1,120.00
231899 3/18/2022 Los Banos Police Assn AP 245.00
231900 3/18/2022 MassMutual AP Void 4,294.82
231901 3/18/2022 MassMutual AP Void 626.52
231902 3/18/2022 Merced County Clerk AP 2,598.00
231903 3/18/2022 Merced County Spring Fair AP 50.00
231904 3/18/2022 Nationwide Retirement Solutions AP 4,740.00 231905 3/18/2022 Professional Fire Fighter AP 825.00
231906 3/18/2022 Ronny's Inc. AP 38,976.29
231907 3/18/2022 Ronny's Inc. AP 8,814.16
231908 3/18/2022 Ronny's Inc. AP 610.96
231909 3/18/2022 State Disbursement Unit AP 1,890.00
231910 3/18/2022 Vantagepont Transfer Agents
- 306797 AP 911.90
231911 3/18/2022 Vantagepoint Transfer Agents
- 801838 AP 7,012.50
231912 3/18/2022 Law Offices of William A Vaughn AP 20,134.60 231913 3/18/2022 Westamerica Bank
- Cafeteria Plan AP 69,879.74
231914 3/18/2022 MassMutual AP 1,216.34
231915 3/18/2022 MassMutual AP 3,705.00
231916 3/18/2022 Law Offices of William A Vaughn AP 10,624.00 231917 3/25/2022 Aramark Uniform Ser Inc AP 889.27
231918 3/25/2022 Ascent Aviation Group, Inc. AP 26,679.79 231919 3/25/2022 AT&T Mobility AP 3,553.17
13 231920 3/25/2022 AT&T AP 887.67
231921 3/25/2022 Auto Zone Commercial AP 43.59
231922 3/25/2022 Sara Blevins AP 362.50
231923 3/25/2022 Boot Barn AP 190.00
231924 3/25/2022 Ca Dept of Justice AP 676.50
231925 3/25/2022 CENCAL Machine & Fabrication Inc. AP 533.43 231926 3/25/2022 Oscar Covarrubias AP 500.00
231927 3/25/2022 Central Sanitary Supply AP 1,564.66
231928 3/25/2022 Central Valley Concrete Inc. AP 605.74 231929 3/25/2022 Clark Pest Control Inc AP 95.00
231930 3/25/2022 Comcast AP 370.15
231931 3/25/2022 Cook's Communications Corp. AP 640.90
231932 3/25/2022 CSG Consultants Inc. AP 10,410.00
231933 3/25/2022 LN Curtis & Sons AP 12,033.30
231934 3/25/2022 F S Rod Inc AP 5,981.25
231935 3/25/2022 Foster Bros Security Systems Inc. AP 5,190.00 231936 3/25/2022 Gama Sonic USA Inc. AP 22,358.65
231937 3/25/2022 Garton Tractor Inc AP 85.71
231938 3/25/2022 Mary Lou Gilardi AP 101. 70
231939 3/25/2022 Great Valley Supply AP 167.47
231940 3/25/2022 Henley Pacific, LLC AP 362.44
231941 3/25/2022 Holt of California AP 400.89
231942 3/25/2022 Home Depot AP 2,583.56
231943 3/25/2022 IDM Worldwide AP 344
.92
231944 3/25/2022 Information Systems AP 1,697.76
231945 3/25/2022 Phil Jacob AP 200.00
231946 3/25/2022 Kully Supply, Inc. AP 873.70
231947 3/25/2022 Liebert Cassidy Whitmore AP 2,769.00
231948 3/25/2022 Los Banos Rental Yard Inc AP 478.73
231949 3/25/2022 Lucas Business Systems AP 345.60
231950 3/25/2022 Steve Macillas AP 227.50
231951 3/25/2022 Mark Thomas & company. Inc. AP 20,564.13 231952 3/25/2022 Marfab Inc AP 410.20
231953 3/25/2022 McNamara Sports Inc AP 1,280.78
231954 3/25/2022 Merced County Auditor Controller AP 772.50 231955 3/25/2022 Merced Truck & Trailer Inc AP 90.00
231956 3/25/2022 Mid-Valley Disposal LLC AP 353,207.38
231957 3/25/2022 Samuel Morales AP 240.00
231958 3/25/2022 NFPA AP 1,345.50
231959 3/25/2022 Norrnac Inc AP 826.96
231960 3/25/2022 Gerald "Obie" O'Brien AP 77.14
231961 3/25/2022 The Office City AP 50.29
231962 3/25/2022 OSE AP 967.88
231963 3/25/2022 David Oliveira AP 1,860.00
231964 3/25/2022 Pacheco High School Boys Basketball AP 1,500.00 231965 3/25/2022 Pacheco High School Girls Basketball AP 1,500.00 231966 3/25/2022 PSG Fencing Corp. AP 400.00
231967 3/25/2022 Premier Access Insurance Co. AP 19,929.27 231968 3/25/2022 Provost and Pritchard Engineering, Inc. AP 576.20 231969 3/25/2022 Protech Security & Electronics, Inc. AP 132.00 231970 3/25/2022 Ronny's Inc. AP 30,339.74
231971 3/25/2022 Safe T Lite of Modesto, Inc. AP 4,218.17 231972 3/25/2022 Save Mart Supermarkets AP 50.08
231973 3/25/2022 Sherwin Williams Co AP 192.14
231974 3/25/2022 Robert & Susan Hansen AP 837.38
231975 3/25/2022 Sorensens True Value AP 839.17
231976 3/25/2022 Sorensens True Value AP 48
.98
14 231977 3/25/2022 Stacy Souza Elms AP 107.64
231978 3/25/2022 Stantec Consulting Services, Inc. AP 15,412.75 231979 3/25/2022 State Water Resources Control Board AP 60.00 231980 3/25/2022 Sun Life Financial AP 6,916.42
231981 3/25/2022 Superior Pool Products, LLC AP 4,908.31 231982 3/25/2022 Stephanie Pereira AP 40.45
231983 3/25/2022 Miguel Perez-Padilla AP 100.00
231984 3/25/2022 Gurpreet Singh Gillon AP 148.85
231985 3/25/2022 James P & Lois Williams AP 104.91
231986 3/25/2022 Melvin Robello AP 63.71
231987 3/25/2022 Alejandro Heredia AP 190.48
231988 3/25/2022 Sylvia Morrison AP 54.21
231989 3/25/2022 Breckenridge Property Fund 2016 LLC AP 92.24 231990 3/25/2022 D.R Horton AP 159.71
231991 3/25/2022 Blossom Valley Realty, JR Souza AP 146.11 231992 3/25/2022 Corye Barnes Moore AP 54.21
231993 3/25/2022 Jose Ponce AP 146.11
231994 3/25/2022 Rosalina Aguilera AP 89.06
231995 3/25/2022 Angelina Mendoza AP 47.86
231996 3/25/2022 Kathy Castro AP 152.44
231997 3/25/2022 Jerri Terry Realty AP 139.78
231998 3/25/2022 Charles Pando AP 130.27
231999 3/25/2022 Florida and Daniel Kirkendall AP 130.27 232000 3/25/2022 Raymond Quezada AP 76.37
232001 3/25/2022 Alejandro Crispin AP 100.00
232002 3/25/2022 W esthill Real Estate AP 130.27
232003 3/25/2022 Rosario Talamante AP 174.64
232004 3/25/2022 Home Sweet Home Property Management Co. AP 175.22 232005 3/25/2022 Rosita Suarez-Santoyo AP 120.76
232006 3/25/2022 Roberto Espinoza-Hernandez AP 61.96
232007 3/25/2022 Vanir Construction Management, Inc. AP 8,341.00 232008 3/25/2022 Law Offices of William A Vaughn AP 12,600.00 232009 3/25/2022 Verizon Wireless AP 1,117.67
232010 3/25/2022 Windecker Inc AP 25,322.28
232011 3/25/2022 Young's Air Conditioning AP 539.00
232012 3/25/2022 ZWUSAinc. AP 988.13
Break in check sequence due to the following: Total Void Check Count: 6 Check# 231815 - # 231820 (Payroll) Total Void Check Amount: 6,394.23 Total Valid Check Count: 589
Total Valid Check Amount: 2,442,953.10
Total Check Count: 595
Total Check Amount: 2,449,347.33
15 THIS PAGE IS INTENTIONALLY LEFT BLANK
16 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
MARCH 2, 2022
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
SPECIAL NOTE: This meeting was held by teleconference due to the COVID-19 Pandemic and in accordance with Assembly Bill 361.
CALL TO ORDER: Mayor Faria called the City Council Meeting to order at the hour of 6:04 p.m.
PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett Jones, Kenneth Lambert, Deborah Lewis, Mayor Manuel Thomas Faria Ill; ABSENT:
Refugio Llamas.
STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Finance Director Williams, Community & Economic Development Director Elms, Police Chief Brizzee, Fire Chief Hurley, Public Works Director/City Engineer Than.
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lewis, seconded by Lambert to approve the agenda as submitted. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Llamas, Mayor Faria; NOES: None; ABSENT:
None.
PRESENTATIONS.
CERTIFICATES OF RECOGNITION - CENTRAL REGION FFA PUBLIC SPEAKING FINALS: ALEXIS CARLUCCI - LOS BANOS HIGH SCHOOL-4TH PLACE OVERALL;
SEBASTIAN PAOLINI - LOS BANOS HIGH SCHOOL - READING OF THE FFA CREED. Mayor Faria read and presented the certificates of recognition for which Sebastian Paolini was in attendance to accept.
CERTIFICATES OF RECOGNITION - RECRUITED STUDENT ATHLETES: BRIAN NEVAREZ - PACHECO HIGH SCHOOL - SAN JOSE STATE UNIVERSITY; JIMMY PERKINS - PACHECO HIGH SCHOOL - WESTERN OREGON UNIVERSITY. Mayor Faria read and presented the certificates of recognition.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO 17 ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE {5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Faria opened the public forum and asked those participating in the meeting if they would like to speak: KA THY BALLARD, Los Banos, asked that the City Council Meetings be open and in person and how it would be nice to present the proclamations and certificates in person, how she likes coming to the in person meetings, and noted that she will be coming be attending the online meetings requesting so until it happens; SANDRA BENETTI, PCE Representative, spoke briefly as to what PCE will offer and how they will begin serving Los Banos in April 2022, and the upcoming workshops in English and Spanish; SCOTT WAITE, First 5 of Merced County, and spoke regarding the upcoming Week of the Child Event being held on April 2, 2022 at Pacheco Park and invited all to attend. Mayor Faria then asked City Clerk Mallonee if she had received any comments, for which City Clerk Mallonee stated that she received no comments to be read into the record. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Lambert requested that item 7E - City Council Resolution No. 6465 - Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361 be removed for discussion.
City Attorney Vaughn presented the staff report for item 7E - City Council Resolution No. 6465 - Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361. There was Council Member and staff discussion regarding when the City Council might be back to in person meetings, what is preventing, and putting procedures back in place for in person meetings.
Motion by Lambert seconded by Lewis to approve the consent agenda as follows: Check Register for #231068 - #231264 in the Amount of $638,581.77; Minutes for the City Council Meeting of January 19, 2022; Minutes for the City Council Meeting of February 2, 2022; Minutes for the City Council Meeting of February 16, 2022; City Council Resolution No. 6465- Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361; City Council Resolution No. 6466 - Declaring Real Property Owned by the City Located at 644/646 I Street, Los Banos, (APN: 025-201-010), as Surplus Land Designated for Future Development, Finding That Such Declaration is Exempt From Environmental Review Under the California Environmental Quality Act, and Taking Related Actions Pursuant to Government Code Section 54221; City Council Resolution No. 6467 - Declaring Real Property Owned by the City Located at 1329 Frank Street, Dos Palos, (APN: 012-104- 017), as Surplus Land and Not Necessary for the City's Use, Finding That Such Declaration is Exempt From Environmental Review Under the California Environmental Quality Act, and Taking Related Actions Pursuant to Government Code Section 54221.
The motion carried by the following roll call vote: A YES: Jones, Lambert, Lewis, Llamas, Mayor Faria; NOES: None; ABSENT: None.
18 MID-YEAR BUDGET REVIEW AND CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 6468 - ADOPTING A REVISED BUDGET FOR THE 2021-2022 FISCAL YEAR AS IT PERTAINS TO EXPENDITURES AND REVENUES.
Finance Director Williams presented the staff report, which included a PowerPoint presentation.
Motion by Lambert, seconded by Llamas to adopt City Council Resolution No. 6468 - Adopting a Revised Budget for the 2021-2022 Fiscal Year as it Pertains to Expenditures and Revenues. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Llamas, Mayor Faria; NOES: None; ABSENT: None.
ADVISEMENT OF PUBLIC NOTICES. (Three Reports) Community & Economic Development Director Elms reported that Public Hearing will be held by the Los Banos Planning Commission on March 9, 202 to consider Mobile Food Vending Permit #2022- 01 and a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to 15311, Accessory Structures, to allow the operation of a mobile food vending vehicle on private property for Ninive Villagomez dba J J Tacos & Mariscos; located within the Mixed-Use Zoning District at 939 Sixth St., more specifically identified as Assessor's Parcel Number: 025-241-013; Tentative Parcel Map #2021-02 to divide a 12.92 acre parcel into four (4) parcels and a remainder parcel and a Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15315, Minor Land Divisions, located within the Highway Commercial Zoning District at the north east corner of Ward Rd. and Pacheco Blvd., more specifically identified as Assessor's Parcel Number:
084-020-032; r Conditional Use Permit #2022-02 and a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301, Existing Facilities, to allow the use of a Type 4 7 Alcohol License for the on-sale of General Alcohol for Eddie's Cafe, located at 401 W. Pacheco Blvd., more specifically identified as Assessor's Parcel Number 026-062-007.
CITY MANAGER REPORT. No report.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG). PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.
Mayor Faria reminded everyone about the upcoming PCE Workshops and how staff is in the process of finalizing projects for MCAG submittal.
CITY COUNCIL MEMBER REPORTS.
BRETT JONES: No report.
KENNETH LAMBERT: Thanked Finance Director Williams for a very well presented mid-year budget.
DEBORAH LEWIS: Spoke regarding how customers can opt out of PCE and how she has concerns regarding what verification they will receive in the future to know that their opt out request has been processed, would like to have the City Manager to look at the 19 process of having an employee of the month and also have them come to City Council Meetings and be recognized.
REFUGIO LLAMAS: Stated that he would like to have a little more progress in the area of in person meetings, would like to see something in place sooner rather than later, would like to see if we can have a Town Hall Meeting regarding the City's Homeless Project, he apologized for not being present at the last meeting, he had the privilege to participate in a pickle ball game, it was a lot of fun, a good workout and would like to see this come to fruition as it will add to the quality of life for our citizens and thanked those who invited him to play.
MAYOR TOM FARIA: Spoke regarding the upcoming Hazardous Waste Disposal Day on March 5, 2022 at the Fairgrounds, Arbor Day on March 4, 2022, Central Valley Honor Flight Drive-thru Dinner Fundraiser, WordNet Divisibility Hiring Event in Merced, Los Banos Rotary Club upcoming Crab Feed, Oliveira Park Easter Egg Scramble on April 9, 2022, Los Banos Chamber of Commerce Street Fair on April 23, 2022, how 4 Paws Pet Hotel is doing an Easter egg hunt on April 16, 2022, and the Fundraiser for at Merced College for the Boys and Girls Club.
ADJOURNMENT. Motion by Lewis, seconded by Llamas, the meeting was adjourned at 7:12 p.m. The motion carried by the following roll call vote: AYES: Jones, Lambert, Lewis, Llamas, Mayor Faria; NOES: None; ABSENT: None.
APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
20 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
MARCH 16, 2022
ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.
SPECIAL NOTE: This meeting was held by teleconference due to the COVID-19 Pandemic and in accordance with Assembly Bill 361.
CALL TO ORDER: Mayor Faria called the City Council Meeting to order at the hour of 6:06 p.m.
PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance.
ROLL CALL - MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Brett Jones, Kenneth Lambert, Deborah Lewis, Refugio Llamas, Mayor Manuel Thomas Faria Ill; ABSENT: Council Member Brett Jones.
STAFF MEMBERS PRESENT: City Manager Pinheiro, City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, Finance Director Williams, Community & Economic Development Director Elms, Police Chief Brizzee, Fire Chief Hurley, Public Works Director/City Engineer Than.
CONSIDERATION OF APPROVAL OF AGENDA: Motion by Lambert, seconded by Lewis to approve the agenda as submitted. The motion carried by the following roll call vote: AYES: Lambert, Lewis, Mayor Faria; NOES: Llamas; ABSENT: Jones.
PRESENTATIONS.
PROCLAMATION RECOGNIZING CESAR CHAVEZ DAY. Mayor Faria read and presented the proclamation to Patricia Ramos Anderson, President of LULAC who was in attendance to accept.
PROCLAMATION RECOGNIZING WEEK OF THE YOUNG CHILD. Mayor Faria read and presented the proclamation to Scott Waite, Executive Director, Merced County First 5 who was in attendance to accept.
PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL
MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. Mayor Faria opened the public forum and asked those participating in the meeting if they would like to speak: GENE 21 LIEB, stated that he heard a rumor that April 6, 2022 that the City Council Meeting will be back in person and wanted to be sure to be on the last zoom meeting, spoke regarding how masks are optional and should be supported; PATRICIA RAMOS-ANDERSON stated that she is so happy that we have all worked together to get through the COVID19 pandemic, using special precautions is what got us through the hard times and respect each other's decisions. Mayor Faria then asked City Clerk Mallonee if she had received any comments, for which City Clerk Mallonee stated that she received no comments to be read into the record. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member Llamas requested that items 7B - City Council Resolution No. 6469 - Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361 be pulled for discussion and separate vote; he also requested that item 7D - City Council Resolution No. 6471 -Amending the Fiscal Year 2021-2022 Budget by Increasing the Appropriation for Expenditures in the Fire Gasoline and Oil Fund by $8,000 to Purchase Fuel for Vehicles be pulled for discussion.
City Attorney Vaughn presented the staff report for item Bill spoke to item 7B - City Council Resolution No. 6469 - Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361. There was Council Member and staff discussion regarding when AB 361 expires and how the City of Los Banos has taken some pretty serious precautions to keep everyone safe.
Motion by Lewis, seconded by Lambert to adopt City Council Resolution No. 6469 - Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361. The motion failed by the following roll call vote: AYES: Lambert, Lewis; NOES: Llamas, Mayor Faria; ABSENT: Jones.
Fire Chief Hurley presented the staff report for item 7D - City Council Resolution No. 6471 -Amending the Fiscal Year 2021-2022 Budget by Increasing the Appropriation for Expenditures in the Fire Gasoline and Oil Fund by $8,000 to Purchase Fuel for Vehicles.
There was Council Member and staff discussion regarding the breakdown to the request for increase, fuel costs, increase in calls for service and where are those calls for service, increase in calls, if the increase was due to EMT calls, if we are entitled to reimbursements.
Motion by Llamas seconded by Lambert to approve the consent agenda as follows, minus item 78 - City Council Resolution No. 6469 - Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361: Check Register for #231265 - #231410 in the Amount of $738,717.24; City Council Resolution No. 6469 Reauthorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Los Banos Pursuant to the Provisions of AB 361; City Council Resolution No. 6470 - Authorizing the City Manager to Extend Charging a Flat Rate for Late Penalties for Delinquent Water, Wastewater, and Solid 22 Waste Services; City Council Resolution No. 6471 - Amending the Fiscal Year 2021- 2022 Budget by Increasing the Appropriation for Expenditures in the Fire Gasoline and Oil Fund by $8,000 to Purchase Fuel for Vehicles; City Council Resolution No. 6472 - Approving and Adopting Final Tract Map No. 2015-01 Southpointe at Regency Park 7- 11, APN. 424-120-020 [Stonefield Home, Inc.]; City Council Resolution No. 6473 - Approving and Adopting Final Tract Map No. 2015-01 Southpointe at Regency Park, Phase 7 and Accompanying Subdivision Improvement Agreement, APN. 424-120-019 [Stonefield Home, Inc.]; City Council Resolution No. 6474 -Authorizing Entering into a Facility Use Agreement Between the City of Los Banos and Los Banos American Little League for the Use of the Colorado Ballpark; City Council Resolution No. 6475 - Authorizing Award of Construction Contract for the Cresthills Sewer Lift Station Rehabilitation Project to W.M. Lyles Co. in the Amount of $642,749.00 with a 10% Contingency of $64,000.00 and Adopting a Revised Budget for the Fiscal Year 2021- 2022 as it Pertains to the Wastewater Collections Fund for Master Plan Improvements.
The motion carried by the following roll call vote: AYES: Lambert, Lewis, Llamas, Mayor Faria; NOES: None; ABSENT: Jones.
PUBLIC HEARING - TO RECEIVE PUBLIC COMMENT AND CONSIDERATION OF
THE CITY OF LOS BANOS GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR CALENDAR YEAR 2021 AND TO CONSIDER AN
EXEMPTION FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15061(8)(3) OF THE CEQA
GUIDELINES AS THE ANNUAL REPORT HAS NO SIGNIFICANT EFFECT ON THE ENVIRONMENT: CITY COUNCIL RESOLUTION NO. 6476 - ADOPTING THE 2021
ANNUAL REPORT ON THE STATUS OF THE HOUSING ELEMENT OF THE GENERAL PLAN AND PROGRESS ITS IMPLEMENTATION. Community & Economic Development Director Souza Elms presented the staff report, which included a PowerPoint presentation.
There was Council Member and staff discussion regarding the deficient in lower income housing area and the City's strategy to address this, how the General Plan update will help with, talking to developers to encourage all different types of housing stock, i.e. duplex, triplex, apartments, category the multiple housing development on 7th Street fell under, concerns with developers who are cool to the idea of developing very low income housing because it doesn't meet their margins and what the City can do, i.e. tax credits, subsidies, how the Gilbert Gonzales Project was developed, and how it would be nice to get some nice multi-family lower income housing.
Mayor Faria opened the public hearing. PATRICIA RAMOS-ANDERSON inquired as to if the City is coordinating and reaching out to affordable housing agencies for which Community & Economic Development Director Elms confirmed she was and also working on homeless housing with the Rescue Mission.
Motion by Lambert, seconded by Llamas to adopt City Council Resolution No. 6476 - Adopting the 2021 Annual Report on the Status of the Housing Element of the General 23 Plan and Progress its Implementation. The motion carried by the following roll call vote:
AYES: Lambert, Lewis, Llamas, Mayor Faria; NOES: None; ABSENT: Jones.
PENINSULA CLEAN ENERGY (PCE) PRESENTATION AND UPDATE. Community & Economic Development Director Souza Elms presented the staff report, introduced Jan Pepper, CEO with PCE, who spoke in more detail which included a PowerPoint presentation.
There was Council Member and staff discussion regarding opt out information, how when you call you will get a confirmation number but no written confirmation, the two types of service available being 5% discount and the 100% renewable energy for $4 more a month, how the cost of traditional energy rises and how it will affect PCE rates, incentives for purchasing a used EV and the estimated cost and life span of a battery, the different types of rebates, and incentive rates for EV purchases dependent on income level.
Informational item only, no action taken.
ADVISEMENT OF PUBLIC NOTICES. (Three Reports) Community & Economic Development Director Elms reported that a Public Hearing will be held by the Los Banos Planning Commission on March 23, 2022 to consider a Negative Declaration (SCH #2022020246) and Vesting Tentative Parcel Map #2021-01 to divide two (2) parcels totaling 85.85 acres into six (6) parcels, located within an Undesignated Zoning District at 3400 East Pacheco Boulevard, north of E. Pacheco Boulevard and west of Santa Fe Grade, Assessor's Parcel Number: 084-010-077 and 084-020-007; to consider a Categorical Exemption from the California Environmental Quality Act (CEQA) Pursuant to Section 15301, Existing Facilities and Cottage Food Operation #2022-01 for Maria Rodriguez at 826 Place Road, more specifically identified as Assessor's Parcel Number:
082-515-008; to consider Conditional Use Permit #2022-02 and a Categorical Exemption from the California Environmental Quality Act pursuant to Section 15301, Existing Facilities, to allow the use of a Type 47 Alcohol License for the on-sale of General Alcohol for Eddie's Cafe, located at 401 W. Pacheco Boulevard, more specifically identified as Assessor's Parcel Number 027-161-048.
CITY MANAGER REPORT. City Manager Pinheiro stated that he recently attended the Badge Pinning Ceremony of Fire Captain Daniel Freeman Engineer Jake Sawyer Firefighter Kevin Spencer Firefighter Ian McDonald Firefighter Vincent Rizzo Firefighter Julian Mendoza on March 10, 2022, the Police Commander promotion ceremony for Justin Melden, announced how staff is making preparations to go back to in person meetings on April 6, 2022 and reminded all to stop by the Community Center and pick up the new Recreation Guide.
REPORT/UPDATE ON MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG), PENINSULA CLEAN ENERGY (PCE), AND MEASURE V COMMITTEE.
Mayor Faria spoke regarding the upcoming MCAG meeting on March 17, 2022 with topics being land fill, OneVoice trip and a Homeless Workshop being held just prior to the 24 meeting, Measure Vis looking at the lights on Pacheco Boulevard and pedestrian bike path to Merced College.
CITY COUNCIL MEMBER REPORTS.
KENNETH LAMBERT: Congratulated Police Commander Melden on his promotion and knows he will do a great job, how nice the Badge Pinning Ceremony was, and thanked Police Chief Brizzee on the great job the Los Banos Police Department is doing.
DEBORAH LEWIS: Congratulated the new Fire fighters and promotions and also to Police Commander Justin Melden.
REFUGIO LLAMAS: Congratulated all those who got promoted and well deserved, welcomed aboard to the new fire fighters, spoke regarding how we have a lot of parks that don't have names and inquired if we could we start naming parks and build a more sense of community, his upcoming Community Outreach Event that he is holding to help connect with residents and find out how they'd like to see the city grow, and would like to see a Veterans hiring preference for new hires to attract some of those veterans.
BRETT JONES: Absent
MAYOR TOM FARIA: Spoke regarding the Week of the Young Child event, Pacheco High School play "Into the Woods", congratulated all the Fire Department employees on their new hire and promotions at the badge pinning ceremony and to Police Commander Justin Melden on his promotion.
ADJOURNMENT. Motion by Lewis, seconded by Lambert, the meeting was adjourned at 8:02 p.m. The motion carried by the following roll call vote: AYES: Lambert, Lewis, Llamas, Mayor Faria; NOES: None; ABSENT: Jones.
APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
25 THIS PAGE IS INTENTIONALLY LEFT BLANK
26 LOsBanos
At the Crossroads of California
TO: Mayor Faria and City Council Members
FROM:
DATE:
Stacy Souza Elms, Community and Economic Development Director ie April 6, 2022
TYPE OF REPORT: Consent Agenda Item
SUBJECT: Resolution Opposing Initiative 21-0042A 1, the Taxpayer Protection and Government Accountability Act
Recommendation:
Staff recommends the City Council adopt a Resolution opposing Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act.
Background:
The League of California Cities (Cal Cities), along with a broad coalition including the California Professional Firefighters, SEIU California, California Alliance for Jobs, AFSCME California, and the California Special Districts Association issued a press release announcing strong opposition to a proposed California Business Roundtable ballot measure. This press release can be found on the Cal Cities website.
Discussion:
On January 4, 2022, the California Business Roundtable filed the Taxpayer Protection and Government Accountability Act or AG# 21-0042A 1. This measure is detrimental to cities as it would eliminate vital local and state services to the benefit of wealthy corporations.
Cal Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly oppose this initiative, which would limit voters' authority, adopt new and stricter rules for raising taxes and fees, and make it more difficult to hold violators of state and local laws accountable. 1 27
Cal Cities has noted that this initiative would do the following:
1 . Limit voter authority and accountability
• Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures. • Invalidates the Upland decision that allows a majority of local voters to pass special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a City Council. All measures passed between January 2022 and November 2022 would be invalidated unless reenacted within 12 months.
2. Restrict local fee authority to provide local services • Impacts franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be "reasonable" which must be proved by "clear and convincing evidence."
• Except for licensing and other regulatory fees, fees and charges may not exceed the "actual cost" of providing the product or service for which the fee is charged. "Actual cost" is the "minimum amount necessary." The burden to prove the fee or charge does not exceed "actual cost" is changed to "clear and convincing" evidence.
3. Restrict authority of state and local governments to issue fines and penalties for violations of law
• Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.
4. Restrict local tax authority to provide local services • Requires voter approval to expand existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service).
• City charters may not be amended to include a tax or fee. • New taxes can be imposed only for a specific time period. • Taxes adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on property tax rate and allocation of property tax to state.
5. Other changes
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy. 2 28
Josh Pinhe·
I.
Attachment:
Resolution
3 29
THIS PAGE IS INTENTIONALLY LEFT BLANK
30 RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS TO OPPOSE INITIATIVE 21-
0042A1, THE TAXPAYER PROTECTION AND
GOVERNMENT ACCOUNTABILITY ACT
WHEREAS, an association representing California's wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby oppose Initiative 21-0042A 1.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Los Banos will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the State.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of April 2022, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
1 31
AYES:
NOES:
ABSENT:
APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
2 32
LOsBanos
At the Cross,-oad of Ct1l~fornia
Agenda Staff Report
TO: Mayor Faria and City Council Members
FROM:
DATE:
Stacy Souza Elms, Community and Economic Development Director ~ April 6, 2022
TYPE OF REPORT: Consent Agenda
SUBJECT: Professional Service Agreement for the Preparation of a Downtown Master Plan
Recommendation:
That the City Council approves and authorizes the City Manager to execute a Professional Service Agreement with Mark Thomas for the preparation of a Downtown Master Plan.
Discussion:
The Community and Economic Development Department prepared a Request for Proposal (RFP) from qualified agencies and consulting firms to support the formulation of a Downtown Master Plan for infrastructure/ streetscape projects. The objective of the plan increase the vibrancy and energy in the Downtown Area. The Downtown Master Plan will build upon prior public improvements as well as ongoing efforts to underground utilities, current City-led programming events, and advance recommendations of the Downtown Strategic Plan.
The scope of services include public outreach and stakeholder participation, review of existing conditions, development of conceptual design concepts, development of an implementation plan, preparation of draft downtown master plan/report, presentation of draft plan to Planning Commission and City Council, development of construction phasing, and to seek final approval through adoption.
1 33
The RFP was published in the Los Banos Enterprise and posted on the City's website.
In addition, various Planning and Engineering firms were notified by email.
In response to the RFP, the City received four (4) responses from qualified firms. After reviewing and evaluating all proposals, staff recommends the City Council authorize the City Manager to execute a Professional Service Agreement with Mark Thomas for the preparation of a Downtown Master Plan.
The City Attorney has reviewed the attached Professional Service Agreement and has approved to form.
Fiscal Impact:
The Professional Service Agreement contract with Mark Thomas is for the total amount of $249,901 for Fiscal Years 21-22 and 22-23. The Downtown Master Plan Project was included in the adopted 21-22 Fiscal Budget for $121,000 under Building & Structures.
The remaining contract amount would be carried forward to Fiscal Year 22-23.
Reviewed by:
Josh Pinhei7', ci
AttachmeMs:
Resolution
Professional Service Agreement
2 34
RESOLUTION NO. --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL
SERVICE AGREEMENT WITH MARK THOMAS
FOR THE PREPARATION OF A DOWNTOWN
MASTER PLAN
WHEREAS, A Request for Proposals for retail recruitment and relationship services was issued on February 11 , 2022; and
WHEREAS, the funds are available in the Assigned General Fund Balance and has been authorized by the City Council;
WHEREAS, the proposed Professional Service Agreement has been reviewed and approved by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos as follows:
1 . That the proposal by Mark Thomas, for the preparation of a Downtown Master Plan, is hereby accepted, and the City Manager be and is hereby authorized and directed to execute an agreement in the form presented herewith for and on behalf of the City.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of April 2022, by Council Member -- who moved its adoption, which motion was duly seconded by Council Member __ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
1 35
Lucille L. Mallonee, City Clerk
2 36
PROFESSIONAL SERVICES AGREEMENT
FOR PREPARATION OF A DOWNTOWN MASTER PLAN
[Mark Thomas & Company, Inc.]
THIS AGREEMENT is made and entered into this __ day of _ __ 2022, by and between the City of Los Banos, a municipal Corporation (herein referred to as "City") and Mark Thomas & Company, Inc., a California Corporation (herein referred to as "Consultant").
RECITALS
A. WHEREAS, City proposes to have Consultant perlorm the services described herein below;
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perlorm the services herein contemplated; C. WHEREAS, City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement;
D. WHEREAS, City and Consultant desire to contract for specific services described below and desire to set forth their rights, duties and liabilities in the services to be perlormed; and
E. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1. Term. The term of this Agreement shall commence upon execution of this Agreement and City's issuance to Consultant a notice to proceed for all or a portion of the work and shall terminate upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, unless terminated earlier as set forth herein.
2. Scope of Services. Consultant shall provide the professional services described in the Consultant's Response to City's RFP - Scope of Work Tasks 1 through 9. A copy of said Proposal is attached hereto as Exhibit A and incorporated herein by this reference.
Notwithstanding services described above, the City may request and Consultant may agree to perlorm other services. The scope of such services and compensation shall be agreed to in writing, signed by both parties and shall become a part of this Agreement. 1 37
2.1. Consultant shall provide such services when given written instruction to do so by the City's designated Project Manager or his/her designee. Consultant shall diligently perform all the services described in the Scope of Services. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. Nothing in this Agreement shall be interpreted to obligate City to proceed with the Project or authorize any Phase of Work described in the Scope of Services which decision shall be entirely at the sole discretion of the City.
2.2. All professional services shall be performed by Consultant or under Consultant's supervision. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Consultants in accordance with sound professional practices.
3. Time of Performance. Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the Project Schedule attached hereto as Exhibit A and incorporated herein by reference. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.
4. Compensation. City shall pay Consultant for the services on a time and expense not-to-exceed basis in accordance with the provisions of this Section and the Pricing Proposal submitted by Consultant attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for each Task performed in accordance with this Agreement, including all reimbursable items and sub Consultant fees, shall not exceed the total cost for said Task as set forth in Consultant's proposal. Consultant's compensation for all work performed in accordance with this Agreement (Tasks 1 through 9), including all reimbursable items and sub Consultant fees, shall not exceed $241,901.00 unless authorized in writing by the City and approved by the City Council.
4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and the specific Task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. City shall pay Consultant no later than thirty (30) days after receipt of the monthly invoice by the City.
4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise 2 38
approved, such costs shall be limited and in accordance with Schedule of charges set forth in the Proposal attached hereto as Exhibit B and incorporated herein by reference.
4.3 Consultant shall not receive any compensation for Additional Work without the prior written authorization of City. As used herein, "Additional Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Additional Work shall be billed in accordance with the Billing Rates as set forth in Exhibit B and on the terms set forth in this Article 4.
5. Contract Administration. The Community and Economic Development Director shall have the authority to act for City under this Agreement. The Community and Economic Development Director or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall have the authority to act for Consultant under this Agreement.
6. Pro ject Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Stephen Patchan, to be its Project Manager. Consultant shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld.
7. Indemnification. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel's fees and costs but only to the extent the Consultant (and its Sub consultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Sub consultants) and the City in the performance of professional services under this agreement.
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
3 39
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the fudemnified Parties from any Claim arising from the active negligence or willful misconduct of the fudemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant.
In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant's performance of this agreement, the Consultant shall provide a defense to the City indemnitees, or at the City's option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.
8. Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the fusurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation fusurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, 4 40
including without limitation, blanket contractual liability. Consultant's general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required. m. Automobile Liability Coverage. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. The cost of such insurance shall be included in Consultant's bid.
E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant.
ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
111. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
5 41
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non-payment of premium) written notice has been received by City.
8.1 Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
9. Nondiscrimination. In the performing of this Agreement, Consultant shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation race, religion, color, national origin, handicap, ancestry, sex or age.
10. Independent Contractor. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.
10.1 The Consultant shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement.
Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit. Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section 10.
11. Ownership of Documents. All documents, information and materials of any and every type prepared by the Consultant pursuant to this Agreement shall be the property of the City. Such documents shall include but not be limited to all findings, reports, documents, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process.
6 42
12. Confidentialitv. All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law ..
13. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection. Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 4 hereinabove.
14. Conflict of Interest. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section.
Consultant represents that neither Consultant, nor any of its employees, agents or subcontractors, have a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest, which would conflict in any manner with the performances of services hereunder.
15. Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense.
16. Compliance with Laws, Rules, Regulations. Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws 7 43
and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
17. Integration; Amendment. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.
18. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
19. WaiverNalidity. Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
20. Jurisdiction. City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.
21. Notice. Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
To City:
City of Los Banos
520 J Street
Los Banos, California 93635
Attn: Stacy Souza Elms
To Consultant:
Mark Thomas & Company, Inc.
7571 North Remington Avenue, Suite 102
Fresno, California 93711
Attn: Stephen Patchan
Nothing hereinabove shall prevent either City or Consultant from personally delivering any such notices to the other.
8 44
22. Termination. City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving written notice of such termination to Consultant.
In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. In the event of such termination, Consultant shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.
23. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
Date: _ ____ _, 2022
Date: _____ _, 2022
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
9 THOMAS & COMPANY, INC., a
California Corporation
by:
CITY OF LOS BANOS, a California
municipal corporation
by: Josh Pinheiro, City Manager
45 THIS PAGE IS INTENTIONALLY LEFT BLANK
46 47
THIS PAGE IS INTENTIONALLY LEFT BLANK
48 MARK THOMAS
March 11, 2022
Stacy Souza Elms
Community & Economic Development Director
City of Los Banos
520 J Street
Los Banos, CA 93635
Dear Ms. Souza Elms:
The City of Los Banos (City) recently completed the Downtown Strategic Plan that developed a visionary set of strategies to revitalize the City's downtown. The City set aside budget to implement improvements and is ready to develop a game plan 9i.e.
The Downtown Master Plan). The Downtown Master Plan will provide an actionable plan to address the City's needs to convert the downtown into a vibrant, welcoming neighborhood where residents and visitors can share in food, shopping, and culture.
Mark Thomas is excited to submit our proposal for the City's Downtown Master Plan. For the past 95 years, Mark Thomas has been providing engineering solutions that meet agency needs. Originating in San Jose (corporate headquarters), we have grown to establish additional offices in Carmel, Cupertino, Fresno, Inland Empire, Irvine, Lakewood, Oakland, Roseville, Sacramento, and Walnut Creek. We have earned the reputation as industry experts in the planning and design of complete streets, bicycle and pedestrian enhancements, underground utility improvements, and transportation projects. Our team brings the following:
Complete Streets Master Planning: Mark Thomas specializes in the planning and design of complete streets and downtown infrastructure. We have delivered numerous projects that improve walkability and bikability, enhance multi modal safety, and introduce green infrastructure and streetscape amenities. We have a thorough understanding of NACTO and other applicable design guidance. We will leverage this experience and our project understanding to successfully deliver the Downtown Master Plan project.
Knowledgeable Project Team: The Mark Thomas team is composed of individuals who bring experience delivering similar projects throughout the Central Valley. Stephen Patchan will be the project manager and lead planner; Paul Martin, PE, TE, LCI will be the mobility planner; Cynthia Horner, PE will provide civil design; and Ryan Bissegger will provide grant funding support.
Our team also includes PlaceWorks, who will provide landscape architecture, urban design, and community engagement for the project. Our understanding of the City's expectations and design criteria will ensure the project meets the City's needs.
Recent Similar Project Experience: Both Mark Thomas and PlaceWorks have led development on similar projects. Mark Thomas has worked with the Town of Paradise and the City of Madera to revitalize their downtowns and is currently working with the City on the Pioneer Road Widening project. PlaceWorks recently completed the Downtown Strategic Plan and the Pacheco and Pioneer Complete Street Plans and is currently completing the General Plan Update for the City.
Responsiveness: Mark Thomas' key to successful projects is understanding our clients' goals and responding promptly to their requests. We understand that response time is key, and at Mark Thomas, we are available to assist the City with its needs for this project. Project assignments are prioritized and diligently completed to provide the City rapid delivery, efficient solutions, and reliable service. All assignments are different, but you can be assured that Mark Thomas will provide unmatched response and delivery.
Contract Comments:
Upon review of the City's Standard Professional Services Agreement, we respectfully request the following revisions: Additions are included in red, italic text and deletions are shown in strikethrough. 11 MARKT>lOMAS.COM
49 Section 7 - Indemnification
Request to revise language as follows:
When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, but not defend, i:,retect, defend, and hold harmless City and any and all of its officials, and employees and a§ents from and against any and all losses, liabilities, damages, costs, and expenses, includin§ le§al eeumel's fees and cests but only to the extent the Consultant (and its Sub consultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Sub consultants) and the City in the performance of professional services under this agreement. Consultant has no obligation to pay for any of the indemnitees' defense related cost prior to a final determination of liability or to pay any amount that exceeds Consultant's finally determined percentage of liability based upon the comparative fault of Consultant.
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant.
In the event the City indeFl'lnitees aFe n ,ade a i:,arty te any action, lavvsuit, er ether adversarial i:,receedin§ arisin§ ffem Consultant's i:,erfem,ance ef this a§reeffient, the Consultant shall i:,revide a defense te the Ciey indeffinitees, mat the City's ei:,tion, rein ,burse the City indeFl'lnitees their cests of defense, ineludin§ rea'.mnable le§al counsels' fees, incurred in defense of such elaiFl'ls.
Section 11 - Ownership of Documents
Request to revise language as follows:
All final documents, information ...
Section 22 - Termination
Request to revise language as follows:
City, or Consultant, may, in its sole discretion terminate this Agreement at any time and for any reason whatsoever by giving fourteen (14) days written notice of such termination to Consultant. In the event ...
Mark Thomas is excited to submit our proposal and committed to delivering the Downtown Master Plan project. As a Principal and Officer of the firm, I am authorized to contractually bind the firm and my contact information is on the letterhead. Stephen will be the point of contact for the selection process and can be reached by telephone at (724) 366-7725 or via email at [email protected]. We look forward to continuing our working relationship with the City.
Sincerely,
MARK THOMAS
Matt Brogan, PE
Principal + Vice President
A%NUE.
FRE5NO. CA 93711 MARKTHOMAS.COM
50 Fl INFORMATION
Since 1927, Mark Thomas has provided civil and structural engineering, transportation planning, complete streets, and surveying services to clients throughout California. We focus on providing excellent client service and delivering projects with a tailored approach to meet our clients' goals. Our reputation is realized through more than 300 team members in offices that are strategically located to support the communities in which we live.
Through our work with multiple cities, counties, and Caltrans, we have accumulated an expansive knowledge base specifically geared toward improving access, connectivity, and safety for vehicle and active transportation travel. Our strong background in delivering transportation projects, coupled with an effective balance of creative innovations fused with practical design solutions, has demonstrated Mark Thomas' unique capability to work on complete street projects. We work closely with public agencies and understand the unique needs of their communities. We support their efforts to capture grant funding and deliver high quality transportation and utility infrastructure improvements that are tailored to their requirements.
Mark Thomas is built on providing technically sound and innovative, cost-effective engineering solutions, as well as high-quality client service for transportation, municipal, and public works projects. Our staff is knowledgeable of Caltrans, AASHTO, NACTO, ADA, APWA, and industry standard design procedures and processes for a variety of projects. We have experience with all types of projects including complete streets, pedestrian and bicycle safety improvements, intersection modifications, Caltrans highways, storm drain and green street infrastructure, and water and sewer pipelines. Our projects include planning, preliminary engineering, and final design for multi-agency, multi-discipline projects.
Multi-Modal Design Expertise
Mark Thomas has developed extensive expertise in planning and designing projects that integrate active transportation facilities into vehicle-dominated streets, arterials, intersections, and interchanges. We have extensive experience planning and designing roadway improvements to accommodate Class I paths and trails, Class II bike lanes, Class Ill shared roadways, and Class IV protected bikeways. These projects connect major auto, transit, bicycle, and pedestrian corridors to key destinations including schools, housing, employment and commercial centers, and other recreational facilities. We engage the community in order to understand concerns and preferences. Our projects typically involve a multi-disciplinary approach that closely coordinates with other technical disciplines, resource and permitting agencies, while proactively gaining approvals from local agencies. 51 Roadway Design
We are a recognized industry leader in the planning, design, and delivery of roadway and highway improvement projects.
Our experience spans from localized widening projects and intersection improvements, to grade separations and arterial reconstructions, to Caltrans highway widening and interchanges. We have the expertise to deliver both small localized projects as well as complex highway improvements. We are knowledgeable of local agency design standards, the Caltrans Highway Design Manual (HDM), and the AASHTO Green Book. We offer a solid group of experienced professionals in all phases of project delivery, including planning documents, preliminary engineering, and final PS&E.
Underground Utility Design
Mark Thomas has extensive experience providing planning and design services for underground utility improvements. This includes the installation of joint trench for the undergrounding of overhead electric and communications facilities, water and sewer pipelines, and storm drain facilities. For more than 50 years, Mark Thomas has managed numerous utility districts for our clients, including the City of Cupertino Sanitation District. This experience provides us an unmatched understanding of the design and construction of these facilities, including the required on-going maintenance requirements.
Grant Funding Experience
We have delivered numerous projects requiring grant writing, grant administration, and related services including technical writing and narrative development, cost benefit analysis, air quality benefit calculations, economic impact analysis, exhibits to support grant applications, cost estimates, requests for authorization, funding, reimbursements, and grant reporting. We have assisted agencies with the preparation of Active Transportation Program (ATP); Highway Safety Improvement Program (HSIP); Senate Bill (SB 1) programs including Trade Corridor Enhancement Program (TCEP), Local Partnership Program (LPP), and Solutions for Congested Corridors Plan (SCCP); Clean California Local Program; California Natural Resources Agency (CNRA) programs; California Housing and Community Development (HCD) programs; California Governor's Office of Emergency Services (CalOES) programs; and federal discretionary program applications. Our team is well practiced at analyzing funding opportunities and project financing needs, developing grant narratives and benefit cost analyses, developing exhibits and maps, and coordinating with stakeholders to obtain letters of support. In the past four years, we have secured more than $342 million in transportation funding.
In addition to developing grant applications, we also provide strategic grant funding services. We work with agencies to review Capital Improvement Programs (CIPs), specific plans, and master plans to identify grant application candidate projects. We research grant funding opportunities and requirements and make recommendations for funding pursuits. We also develop funding program fact sheets to efficiently share key information about the program that can be shared with the public and with stakeholders. We have provided these services to the cities of Laguna Niguel, Manteca, Los Banos, Tracy, and the Town of Paradise.
PROJECT MANAGER
STEPHEN PATCHAN
Stephen will serve as the project manager and will be the primary point of contact for the City and directly manage the design team during the project period. Stephen is an expert in the design and management of complete streets and downtown master plans throughout California.
Stephen has 16 years of transportation planning experience. He has worked in varying roles with public agencies throughout the country providing transportation planning and management. He has a thorough understanding of funding programs and thinks creatively on how to obtain funding for project implementation. Stephen spent four years working for Southern California Association of Governments (SCAG) where he was responsible for implementing and programming the Regional ATP.
DOWNTOWN LOS BMJOS AST~• PLAN MARK THOMAS
p Page 4
52 ORGANIZATIONAL CHART
We have assembled a highly experienced team dedicated to successfully delivering the Downtown Master Plan project.
This interdisciplinary team will be led by Mark Thomas who routinely leads large and complex multidisciplinary teams to complete transportation and community design projects. We have strategically partnered with PlaceWorks to provide an integrated team with the resources and talent to deliver the Downtown Master Plan project. The organization chart below shows the team relationships and lines of communication.
Stephen Patchan will serve as Project Manager, lead planner and will be the primary contact for the City - he will be responsible for managing the project team and keeping the project on schedule and within budget. Bruce Brubaker with PlaceWorks will be the urban design lead, Paul Martin, PE, TE, LCI will be the mobility planner, and Cynthia Horner, PE will lead the civil engineering design. Rounding out the team are landscape and urban designers, planners, stormwater experts, funding strategists, and implementation strategists.
~- - - - - ·qMQc'-- = - l I - - - L -- -
Aaron Silva, PE
-~=. - ' - - COMMUNIT:'t DESIGN
URBAN DESIGN LEAD
Bruce Brubaker, LEED AP (PlaceWorks)
....
URBAN DESIGNER
Cliff Lau (PlaceWorks)
LANDSCAPE DESIGNER
Jesse Jones, PLA (PlaceWorks)
DOWNTOWN L SR I OS MA'iTER PLAN
Banos
LCJsBanos
Stephen Patchan --
- - - - . ~ -. -
TRANSPORTATION PLANNING
LEAD PLANNER
Stephen Patchan -e
MOBILITY PLANNER
Paul Martin, PE, TE, LCI --
PLANNING SUPPORT
Jae Riddle
Ed Noriega, PE .....
--e KeyStaff
IMPLEMENTATION
CIVIL DESIGN
Cynthia Homer, PE ...
STORMWATER/UTILITIES
Joe Streeper, PE, QSD
FUNDING STRATEGY
Ryan Bissegger -e
IMPLEMENTATION STRATEGY
Sam Sharvini
MARK THOMAS
53 KEY TEAM MEMBERS
The table below represents a summary of our key team members role, qualifications, and experience as they relate to the City's needs for this project.
STAFF NAME/ROLE
Stephen Patchan
Project fvlanager/Lead
Planner
Ed Noriega, PE
Associate in Charge
Bruce Brubaker, LEED AP
Urban Design Lead
Paul Martin, PE, TE, LCI
fv/obility Planner
Cynthia Homer. PE
Civil Engineering
Ryan Bissegger
Funding Strategy
QUALIFICATIONS
• Transportation Master Plan, Paradise
• MORPC Active Transportation Plan, Ohio
• Go Human, Southern California
• Pioneer Road Widening, Los Banos
• Pacheco Boulevard Regional Multi-Use Path Study,
Los Banos
• Yosemite Avenue as Main Street Study, Madera
• Los Banos Downtown Strategic Plan, Los Banos
• SR 152 and Pioneer Road Specific Plans, Los Banos
• Santa Rosa Avenue Corridor Plan, Santa Rosa
EXPERIENCE
Stephen has more than 16 years of
transportation planning experience.
Ed has more than 23 years of municipal and
transportation engineering experience.
Bruce has more than 25 years of experience
in urban design and architecture projects.
• Transportation Master Plan, Paradise Paul has more than 22 years of experience , Gateway Specific Plan Infrastructure, Laguna Niguel as a transportation manager and , McKinleyville Multimodal Planning, Humboldt County community mobility planner. , Pioneer Road Widening, Los Banos
, West Ridgecrest Boulevard Improvements, Ridgecrest
• Golden State Boulevard Economic Development
Corridor, Fresno County
• Pioneer Road Widening Funding Support, Los Banos
• Limonite Gap Closure LPP Application, Eastvale
• On-Call Grant Funding Services, Stockton
Cynthia has more than nine years of
engineering experience and has worked on
various projects including local roadway and
intersection improvements.
Ryan has more than 17 years in the
engineering industry, and is very
knowledgeable of federal and state funding
sources.
SUBCONSULTANT
QUALIFICATIONS
PlaceWorks is a
planning and design
firm that serves both
(I PLACEWORKS
Our team includes PlaceWorks, a trusted subconsultant with local knowledge and experience, and the expertise to deliver the City's project. Their information is incorporated into this proposal.
OOWNf 'II I UAt>IOS MASTER PLAt~
, 11 , Banos
public and private sector clients throughout the state in comprehensive planning, environmental review, urban design, landscape architecture, community outreach, and Geographic Information Systems (GIS) The firm has worked extensively throughout Merced County and is very familiar with the
community and its concerns. Recently, they prepared Specific Plans for SR 152 and Pioneer Road for the City.
MARK THOMAS
54 RELEVANT PROJECT EXPERIENCE
To demonstrate our capabilities to deliver the Downtown Master Plan project, below are examples of our previous municipal project experience delivering projects similar in scope.
Pioneer Road Widening Project
City of Los Banos
Mark Thomas was selected by the City of Los Banos to prepare the PSR-PDS, PA&ED, and PS&E for the Pioneer Road Widening Project. This $78 million project will provide a 6.5-mile four-lane facility with a Class I path with three connections to the State Highway System. The project will provide an alternative multimodal route for residents to avoid congestion on Pacheco Boulevard (SR 152).
We are also providing project funding and programming services. We developed a funding memo, which described funding sources, funding cycles, match amounts, and allocation deadlines. This plan has been updated as we have secured additional grant funds.
Mark Thomas has secured $22.6 million in funding from STIP, LPP, CMAQ HIP, and sales tax measure funds for the project. This has involved working closely with Merced County Association of Governments to obtain regional discretionary funds and preparing grant applications, Cal-B/C models, and project fact sheets.
LEGEND - EXISTING CLASS I
- EXISTING CLASS II ·- ... -. _.,,;..;1--·-~~ - . ,---. - :~~~~~:~ROJECT ...... '(-
PROPOSED CLASS I
• SHOPPING AND PROPOSED CL.ASS II
ENTERTAINMENT
GOVERNMENT ••• CANAL TRAIL
• SERVICES I
••• RAIL TRAIL __ I
• HOSPITALS AND
HEALTH CARE ••• PACHECO BOULEVARD
REGIONAL PATH f CHURCHES
• SCHOOLS PARKS
NlOWt~ L ~- BANOS STER Pt Al-I
City , G
REFERENCE
Nichol Bowersox
City of Los Banos
ii' (209) 827-7056
c;:;i [email protected]
COMPLETION DATE
Ongoing
RELEVANCE TO DOWNTOWN
MASTER PLAN
• Roadway Improvements
• Bicycle/Pedestrian Improvements
• Grant Funding
• Agency Coordination
u
■•
t t
... ... ...
LOS BANOS, CALIFORNIA
Project Limits and
Key Destinations
MARK THOMAS
55 Paradise Downtown Master Plan
Town of Paradise
Mark Thomas is providing strategic planning services to the Town of Paradise to guide recovery following the 2018 Camp Fire. Projects include engineering design utilizing state air congestion mitigation funds and a $1.7 million Transportation Master Plan (TMP). The TMP is a broad serving document that updates development design standards for the Downtown and along the Clark Road corridor, identifies placemaking and parking recommendations, and positions the Town for repopulation through growth in residential and commercial land uses. The TMP also comprehensively evaluates traffic operations, crash history, and develops solutions to address daily traffic and evacuation traffic needs. A separate stand-alone bicycle and pedestrian master plan is being prepared that will position the Town for pursuing state and regional grants. The Mark Thomas team is highly invested in delivering solutions to help the Town of Paradise recover in a unified and resilient community.
Futu,e
Multl-U:K! Path
'Tl
POTENTIAL ROAD & TRAIL OPTION
(n,otto Kllltl
E1elstll\ll
Ef' Travel Lane
Modiriad
Travel lane
EP
I
DUALsFUNCTION 1llAl1
DOWNTOWN I BANOS MASTER PLAI~
REFERENCE
Marc Mattox
Town of Paradise
1ir (530) 872-6291
~ [email protected]
COMPLETION DATE
Ongoing
RELEVANCE TO DOWNTOWN
MASTER PLAN
• Roadway Improvements
• Bicycle/Pedestrian Improvements
• Downtown Plan and Design
Standards
• Agency Coordination
Future
Travel lane EP
t
MARK THOMAS
56 McKinleyville Multimodal Connections Project
Humboldt County
Mark Thomas is providing multimodal transportation planning services to the County to develop transportation solutions to improve mobility and intra-connectivity and connecting the McKinleyville community area north of the City of Arcata. The project focalizes mobility enhancements for people walking, cycling, using a mobility assistance device, or accessing transit.
The project includes a robust public outreach campaign in partnership with Redwood Community Action Agency, traffic and transportation data analysis, bikeway alignment review, conceptual design plans, and preliminary engineering cost estimates. The community engagement campaign has included public surveys, team-led walk audits, advisory group meetings, and small-format stakeholder focus meetings. A second phase will include a public infrastructure demonstration project and solicit input on solutions.
We are also implementing a demonstration project. Hiller Road will be temporarily modified to include a two way Class IV protected bikeway between Central Avenue and Pickett Road. In addition to the temporary striping, the project will include decorative elements including art along a crosswalk, vertical delineators with streamers, and planters. The event will take place for a day and provide the community with the opportunity to use the proposed improvements and provide input to Mark Thomas.
The multimodal connections project also includes coordination with Humboldt County Transit, private property owners, and Caltrans for improvements to the active transportation and transit network to better position the County for project implementation.
Two Regional Multi-Use Paths
Merced County
Mark Thomas provided civil engineering services for the planning and conceptual design of two regional trails in Merced County. The scope for both projects included analysis of a Class I path, connections to adjacent facilities, alternatives analysis, cost estimating, and preparation of a mini Preliminary Environmental Analysis Report (PEAR). The two paths included:
Pacheco Boulevard (Highway 7 52) Regional Path: This project connects Badger Flat Road to Merced College Los Banos Campus along Pacheco Boulevard. Alignments along the north and south of the highway were analyzed as well as a pedestrian overcrossing over Highway 152. The north alignment was selected and includes a prefabricated pedestrian bridge over Los Banos Creek.
Santa Fe Drive Shared-Use Path: This project provides a regional trail connection between Merced and Atwater along Santa Fe Drive. The project involved the analysis of several alternative alignments including where the trail connects within the City of Atwater. The selected alternative includes a Class I multi-use trail; and a Class Ill shared facility on a very low volume road; and several intersection control devices including Rectangular Rapid Flashing Beacons and a HAWK (High-Intensity Activated Crosswalk Beacon). The connection to Green Sands Avenue in Atwater was selected due to its connectivity to the existing bikeway network and has a lower overall project cost.
DOWNTOWN LOS f NOS MASTER PLAl-1
of Banos
REFERENCE
Tom Mattson
Humboldt County
'ir (707)445-7491
r8I [email protected]
COMPLETION DATE
Ongoing
RELEVANCE TO DOWNTOWN
MASTER PLAN
• Public Outreach
• Pedestrian Facilities
• Multimodal Improvements
• Caltrans Collaboration
REFERENCE
Natalia Austin
Merced County Association of
Governments
'if (209) 723-3153 X 127
r8I [email protected]
COMPLETION DATE
2018
RELEVANCE TO DOWNTOWN
MASTER PLAN
• Stakeholder Engagement
• Pedestrian Facilities
• Multi-use Trail
MARK THOMAS
57 Yosemite Avenue as Main Street
City of Madera
Mark Thomas worked with the City of Madera to create a complete streets master plan and report. The goal of the project was to establish a visionary master plan as a road map for Yosemite Avenue and the rest of Downtown Madera. Based on feedback generated through engagement with stakeholders and the community, and to provide initial guidance for the City of Madera, should they seek funding for the various projects outlined in the master plan. The master plan's ultimate goal was to reduce congestion, vehicle miles traveled by City residents, and greenhouse gas emissions. Another goal was to make downtown Madera a more attractive destination to live, work, and play while boosting economic development opportunities.
'V owr-i Los BAN MASTER "'' , •~
of
REFERENCE
Keith Helmuth
City of Madera
if (559) 661-5423
1:81 [email protected]
COMPLETION DATE
2021
RELEVANCE TO DOWNTOWN
MASTER PLAN
• Pedestrian and Bicycle Facilities
• Safety Analysis
• Urban Design
• Downtown Master Planning
MARK THOMAS
58 Relinquished SR 84 Complete Streets Community
Engagement Services
City of Fremont
PlaceWorks is working with the City of Fremont to engage the community in the complete streets design of relinquished SR 84, which includes the historic main street of the Centerville neighborhood, Fremont Boulevard. Engagement includes working with stakeholders and seeking feedback from the surrounding community to develop safe and multimodal design alternatives for the corridor such as a road diet, enhanced bike facilities, parklets, bus islands, protected intersections, high visibility crossings, and landscaping. Engagement also includes the preparation of outreach materials and organizing large, interactive community workshops over Zoom.
The outcome of the planning process will be a community-supported streetscape concept that will balance vehicles' needs with community desires for safer pedestrian and bicycle connections and an attractive, vibrant main street retail environment.
REFERENCE
Jeanne Suyeishi
City of Fremont
if (510) 494-4728
[email protected]
COMPLETION DATE
Ongoing
RELEVANCE TO DOWNTOWN
MASTER PLAN
• Stakeholder Coordination
• Multimodal Design
• Bike Facilities
• Urban Design
CENTERVILLE
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MARK THOMAS
59 Downtown Strategic Plan
Los Banos
The Los Banos Downtown Strategic Plan is a component of the broader Los Banos 2040 General Plan Update effort, which is also being developed by PlaceWorks. The policies and strategies of the two, while not identical, are intended to reflect and reinforce one another. Each document informs the other, and they are designed to harmonize with respect to both land use and policy.
Downtown has many strong assets including its historic architectural character, a tight-knit central retail area, the adjacent Rail Trail Corridor, successful businesses, and important local destinations like Wool Growers, Santa Fe Foods, and City Hall.
However, the Downtown core is disconnected from nearby regional corridors, has gaps in its fabric, and lacks prominent wayfinding and signage. The Strategic Plan seeks to address these and other issues to enhance Downtown and promote development on opportunity sites, while improving its streetscape and maintaining its historic, small-town character.
The Strategic Plan addresses a variety of topic areas identified based on input from stakeholders, community members, and City staff and provides goals for each topic area. PlaceWorks developed a list of strategies that are designed to help achieve those goals. Topic areas include: Plan for New Land Uses, Implement Gateways and Wayfinding, Strengthen Businesses, Rehabilitate Buildings, Upgrade Infrastructure, Improve Safety, Establish Character, Develop a Food Scene, Manage Parking, and Create Public Spaces.
The PlaceWorks team also outlined a schedule which indicates the timing of each policy, program, or implementation item, along with the estimated cost and potential partners. The Strategic Plan is intended to be implemented over time by the City, other stakeholders, and downtown business interests.
f•'" ✓ r Wt~ LOS BANOS MASTE'R PLAI~
of c I r
REFERENCE
Stacy Souza Elms
City of Los Banos
ir (209) 827-2433
!BJ [email protected]
COMPLETION DATE
2021
RELEVANCE TO DOWNTOWN
MASTER PLAN
• Streetscape
• Urban Design
• Multimodal Facilities
MARK THOMAS
60 Richmond Wellness Trail
Trust for Public Land (TPL)
PlaceWorks is working with TPL and the City of Richmond to develop Phase 1 of the Richmond Wellness Trail, a 1.1-mile pedestrian and bicycle path located along 16th Street and Marina Way South. This multi-modal corridor will connect the Richmond BART Station to the Richmond Ferry Terminal. Funded through an urban greening grant, this project will include green infrastructure, bike and pedestrian improvements, increased tree canopy, low water-use plantings, wayfinding, and interpretive signage. Connecting the Iron Triangle and Coronado neighborhoods, the wellness trail will also bring active transportation opportunities to a disadvantaged community, while improving overall watershed health.
PlaceWorks assisted TPL with community outreach and engagement, working with local community groups and stakeholders. PlaceWorks' Landscape team is responsible for the sustainable landscape solutions including urban forest improvements and green stormwater retention and treatment. We are leading the multi-disciplinary design team in implementing trail construction, which is anticipated to be completed in Spring 2022.
C)OWNT0' LOS ~ I OS MASTER PLAN
I I f
REFERENCE
Alejandra Chiesa
Trust for Public Land
if (415) 495-4014
[8] [email protected]
COMPLETION DATE
Ongoing
RELEVANCE TO DOWNTOWN
MASTER PLAN
• Public Outreach
• Bicycle/Pedestrian Facilities
• Urban Design
MARK THOMAS
61 ADDITIONAL PROJECT EXPERIENCE
In addition to our highlighted projects, Mark Thomas has delivered a number of complete streets projects in recent years, from advance planning studies and preliminary designs through construction. A selection of these projects are listed below:
Downtown Roseville Specific Plan Implementation, City of Roseville Broadway Complete Streets, City of Sacramento
Downtown Master Plan and Implementation, Town of Paradise - --~ ---·---·--- ·---···••·-- - -- ----·- -· - ----- ·----··-· -------·· -- E. Covell Boulevard Complete Streets, City of Davis
Lincoln Boulevard Improvements, City of Lincoln
Golden State Boulevard Economic Development Improvements, Fresno County
Mendez Historic Trail, City of Westminster -- - -- -- ··-- -·- -·--·- .. ---·- ~- ···-·•·· . --·-- -- -· Long Beach Boulevard Green Street, City of South Gate
Downtown Bridges and Trail Improvements, City of Roseville Mission Boulevard Improvements, City of Hayward
Crows Landing Road Corridor, Stanislaus County - ·····- -- -- -- --- -------- ···-·----------- --- --- ------ - -- - · Central City Mobility, City of Sacramento
OC Loops, Orange County
Garberville Complete Streets, Humboldt County
Donner Pass Road Improvements, Town of Truckee
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MARK THOMAS
62 PROJECT UNDERSTANDING
The City of Los Banos (City) seeks master planning efforts to increase the vibrancy and energy in the Downtown Area.
Preparation of a Downtown Master Plan that collaborates with the public, businesses, and property owners to improve the public realm and encourage development will bring about an ambitious and realistic vision for success. This plan will be implementable, providing action steps and phasing to enhance the downtown.
The Downtown Master Plan will build upon prior public improvements as well as ongoing efforts to underground utilities, current City-led programming events, and advance recommendations of the Downtown Strategic Plan. The Downtown Strategic Plan established a vision statement for the vibrant and welcoming downtown to better connect to regional corridors, improve mobility, and increase the visibility of the cultural heart of the City. This will be accomplished by enhancing walking and biking facilities, providing enhanced streetscapes and community gathering spaces, implementing green street and low impact development (LID) features, upgrading underground utilities, and improving signage and wayfinding.
Mark Thomas is excited to work with the City to advance improvements in Downtown. We have reviewed the Downtown Strategic Plan and the Request for Qualifications. We have also met with City staff to discuss the project and the City's concerns. On the following page we have included a map of the project area and areas of consideration and focus for the master plan.
Rendering of Paradise Transit Center in Downtown Paradise DOWNTO VN LOS BANOS MASlER PLAN
! f I [
Streetscape Improvements, Redwood City
MARK THOMAS
63 CITY OF LOS BANOS - DOWNTOWN MASTER PLAN
0 8
e
C,
Evaluate multimodal solutions from the housing to the
elementary schools.
Provide connectivity to the Pacheco Boulevard Complete
Street Plan.
Evaluate on- and off-street parking throughout Downtown.
Evaluate feasibility to provide Class I east-west
connectivity.
C, Review pedestrian and landscape aesthetics at major
intersections to promote walkability.
DO, LOS ANOS MASH R PLA
, 1 Los
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Refresh and extend RDA-funded streetscape along I Street.
Close sidewalk gaps along H Street.
Extend landscape treatments and improve multimodal
connectivity to Henry Miller Plaza and the Rail Trai l.
Identify utility improvements and create pedestrian-friendly walkways.
MARK THOMAS
64 SCOPE OF WORK
TASK 1. PROJECT ADVANCEMENT AND STAKEHOLDER
PARTICIPATION
1.1. PROJECT MANAGEMENT
The Mark Thomas Project Manager (PM), Stephen Patchan, will communicate directly with the City PM and manage the internal project team for project delivery. Project management will include delivery of monthly progress reports and invoices.
The project schedule included in this proposal will be updated showing milestones by task and planned focus group dates.
The schedule will be reviewed regularly to ensure deliverables are on schedule for completion. We propose a project duration of ten (10) months.
1.2. PROJECT MANAGER MEETINGS
Throughout the project duration, we will host monthly PM status meetings via a Mark Thomas provided videoconference link. The videoconference is recommended to allow for a screenshare opportunity where meeting notes are recorded in real-time to document discussion and establish clear action items. The frequency of status meetings is intended to maintain a conversational approach to delivering the project and is required to quickly secure guidance and direction on project elements to deliver the Downtown Master Plan according to the project schedule. The meetings will be concise and organized and will be led by the Mark Thomas PM.
The first PM status meeting will function as the project kickoff meeting, and we will discuss the project background, goals, schedule, involved agencies, and key stakeholders for future involvement. The kickoff meeting provides an opportunity to hear the City's project vision, goals, objectives, potential challenges, and key deadlines. We will identify key project outcomes to ensure that expectations and deliverables are well defined for project success. The Mark Thomas Team will listen to the discussion to determine how best to serve City.
Our approach to PM status meetings ensures regular and consistent communication on upcoming schedule items, identifying potential risks, and challenges to success. This strategy will ensure the project is on track to satisfy applicable agency and grant funding requirements. Participation in the monthly PM status meetings is anticipated to include the City designated PM and the Mark Thomas PM. Additional team members will be invited to the status meetings as needed.
1.3. FOCUS GROUP MEETINGS
The preparation of the Downtown Master Plan (Plan) will engage key stakeholders through a series of workshops presenting the master plan concepts. We additionally recommend up to three (3) focus meetings with residents, business owners, Property Business Improvement District (PBID) representatives, and other stakeholders as identified by City staff. The focus group meetings will allow for one-on-one or small group format discussions about key needs and potential solutions. The focus group meetings can ensure a high level of ownership by key stakeholders within the community and can daylight key issues that might not be explored in a large-format event.
We will work with City staff to identify key stakeholders for focus group meetings and can schedule during pre-determined visits to the community or via video conference. Ultimately, we aim to establish ownership by participating stakeholders for their commitment to be champions of the Plan.
TASK 1 DELIVERABLES:
Project team management, schedule, monthly invoices, and progress reports.
Monthly PM meeting agenda and notes.
Organize and facilitate Focus Group meetings (assume 3 meetings).
DOWNlOWN LOS BANOS MASTER PLAN
B 1
MARK THOMAS
65 TASK 2. EXISTING CONDITIONS
2.1. EXISTING CONDITIONS REVIEW
The purpose of the existing conditions review is to establish an understanding of relevant City documents and current conditions to guide preparation of the design concepts and final master plan. Our project team has been involved in specific plan preparation with the City and development of the Downtown Strategic Plan, so we have a team assembled that is intimately aware of needs of the community and key focus areas.
We will summarize relevant plans and studies in a
memorandum for review by the City documenting key actions and relationship with Master Plan. Documents to review
include:
Downtown Strategic Plan
Los Banos Bicycle Plan
General 2030
General Plan 2040 (available documents prepared to date) Underground Utility District
Storm Drainage Master Plan
Wastewater Master Plan
Water Master Plan
Engineering Design Standards
Zoning Code
'I Los llanos .::,., . . . .
LOS BANOS
DOWNTOWN STRATEGIC PLAN
Los Banos Downtown Strategic Plan
Comments from City review of the existing conditions memorandum will be provide the basis for prior efforts and support for the master plan in the Draft and Final Report.
TASK 2 DELIVERABLES:
Existing Conditions Summary
TASK 3. PROJECT INTRODUCTION
Engagement activities will be coordinated with City staff to promote the project, solicit input on ideas and concepts, and prioritize project recommendations.
3.1. COMMUNITY WORKSHOP #1
Prior to the Community Workshop #1, we will draft digital meeting announcements, one graphic layout for a postcard or fiyer and a PowerPoint presentation. Printing and sending of the notices will be City of Los Banos responsibility.
Community Workshop #1, which will introduce the project to the community, will define the project parameters, inform community members of opportunities and constraints, and gather initial feedback on potential improvement projects. The meeting will focus on key topics that will lead to the urban design for the Downtown Master Plan such as:
Hardscape Features
' l WN LOS BANOS MASTER PLAN
City of
PLEASE JOIN US!
The Town of Paradise is seeking participation and feedback on the development of a comprehensive Tr.insportation Master Plan (TMP). You are invited to provide Input and ask questions at a series of interactive webinars/meetings this summer:
Infrastructure Recovery Update
· Thursday,June3,202.l
Downtown and Clark Roa~ Deslg'l Standarrls
- lllursday,July 15, 2021
6:00p.m. - 6:00p.m.
Roadway a,,,d Traffic: Eva~uaUon nley:llng aM Walklng
Planning Network Revl~
Tuesdr;', June 22. 2021 Thursday, Auaust 12,, 2021
6:GOp.m. ~ e::oop.m.
Paradise Transportation Master Plan Invitation
MARK THOMAS
66 • Green Streets and Landscaping
Business and Public Assembly Features
Mobility Enhancements
Parking Considerations
We will work with City staff to refine the key topics for discussion that align with the needs to upgrade the Downtown Los Banos infrastructure to attract increased business and visitor activity.
Community Workshop #1 is assumed to be in person at the City of Los Banos Community Center or equivalent facility.
As an optional task we will provide one Spanish language facilitator if deemed necessary prior to the meeting.
The meeting is envisioned as a traditional workshop format with a welcome, a presentation about the project, and a Our team has led many community engagement activities.
question-and-answer period, followed by transition into facilitated breakout tables where participants will be free to discuss issues, provide ideas and discuss among themselves, review displayed exhibits, and further engage with project team members about the project. Following the break-out tables, the large group will reconvene for a report back from the tables.
We will summarize feedback received from Community
Workshop #1 for incorporation into the Draft Conceptual Design Alternatives.
TASK 3 DELIVERABLES:
Community Workshop #1 Noticing Materials
Community Workshop #1 Materials (PowerPoint
Presentation)
Community Workshop #1 Summary
TASK 4. CONCEPT DESIGN
4.1. DRAFT ALTERNATIVES
Following Community Workshop #1, we will develop
Dis - SLV SCHOOLS ::-"I •ACCESS STUDY i
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recommendations and illustrative graphics that depict up to three conceptual alternatives for the Downtown Master Plan.
Alternatives will build on the team's site analysis, community input, and City direction. Each Alternative will be presented in a similar way to allow for easy comparison and will include:
Illustrative site plan of the project area
Detailed illustrations of key intersections and streetscape features, multimodal transportation improvements and
parking concepts, tree palettes and sample imagery
Other diagrams or graphics needed to convey streetscape design ideas
The concepts presented in the Alternatives will include, but not be limited to:
Multi-modal transportation and safety improvements
I r WN LOS BANOS MAST[R PLAN
I of
►• Concise graphics to illustrate key issues, such as parking changes.
MARK THOMAS
67 Green infrastructure and stormwater management
strategies
Streetscape amenities, including lighting, seating, and street furniture
Approach for wayfinding
Parking alternatives and counts
Water efficient tree and plant palette
Climate resilient design strategies
4.2. REFINE ALTERNATIVES
Mark Thomas will facilitate a virtual meeting to discuss the Alternatives. The meeting will include City staff and project team staff, with a focus on refining the Alternatives prior to public discussion. We will summarize the discussion and key actions in writing.
The Mark Thomas project manager has facilitated workshops to advance community improvement projects as shown.
Based on feedback from the Project Team meeting, our team will revise the Alternatives in preparation for Community Workshop #2.
4.3. COMMUNITY WORKSHOP #2
Prior to Community Workshop #2, we will send notices to the community member list generated in the first workshop, using email and social media postings.
Community Workshop #2 will focus on reviewing the
Alternatives and directing future refinement into a single preferred Downtown Master Plan. As an optional task, we will provide one Spanish language facilitator if deemed necessary prior to the meeting.
~ r~·
Community Workshop #2 will begin as an "Open House" with illustrative exhibits on display for participants to review prior to the meeting. We will provide a presentation followed by questions and answers, and then participants will be invited to take part in an interactive activity to analyze the Alternatives and provide feedback to the Project Team. We anticipate the feedback may indicate that components of one Alternative should be paired with components of another, which will start Our use of workshop boards to get public input on plant type preferences.
to build a preferred alternative. At the end of the activity, there will be a report back to the large group.
We will summarize feedback received from Community Workshop #2 for incorporation into the Preferred Alternatives.
TASK 4 DELIVERABLES:
Up to 3 Draft Alternatives
Community Workshop #2 Noticing
Community Workshop #2 Materials (PowerPoint Presentation and Interactive Exhibits) Community Workshop #2 Summary
0 JNTOWN LOS BANO'i MAST I. PLAN
ll
MARK THOMAS
68 TASK 5. IMPLEMENTATION PLANNING
The Mark Thomas team will develop a Project Implementation Matrix that will guide the City's steps in engaging and informing the public, and most importantly, funding projects. In order to prepare the City for project implementation, the Project Implementation Matrix will also include a Public Engagement Plan and Communications Plan.
5.1. FUNDING OPPORTUNITIES MATRIX
We will compile a comprehensive inventory of funding grants and programs in an easy-to-read project matrix. The matrix will identify applicable funding programs, including regional, state, and federal sources, available funding amounts, funding program frequency, funding timelines, match requirements, and eligible project types. The matrix will also include webpage links to funding programs so access to additional information is convenient and remains up to date. Our team provides grant funding assistance to many cities, counties, and regional agencies and often have established relationships with the funding agencies to verify data in advance of delivery to the City.
5.2. PROJECT FACT SHEETS
Our team is well-practiced at creating planning documents with defined next steps and helping agencies pursue grant funding for implementation efforts.
We propose to develop up to five (5) project fact sheets for use by the City during future grant pursuits. The fact sheets will provide key information that is relevant to the applicable grant program (ie. CNRA, ATP, HSIP, MCAG Measure V, etc.). The fact sheets will likely include the following project information:
Project Information: Project name, location, brief scope, schedule, funding needed by phase, project outputs, and project benefits/outcomes.
Location map: Map showing project limits and typical cross section.
Funding programs: List of applicable funding programs such as CNRA, ATP, HSIP, Measure V, and Senate Bill 1 programs.
Collision History: Number and types of crashes over 5-year period related to the strategy.
• Community Benefit: Identification of the benefit by user type, geographic area of the City, etc.
Public Input: Brief description of public input received for the project. .. ...- TRACKS AT BREA
■ ■ NORTH EXTENSION
-•• •~•~•• PROJECT LOCATION MAP
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High quality graphics are needed to engage the public and strengthen final reports.
DOW! T , ANOS MASTER PLAN
I QI Banos
PROJECT FACT SHEET
1 CROWN VALLEY PARKWAY
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PROJECT OUTCOMES ► Ttl=\ •M• ~ •II!• ""'""'"'"""'~ C.-p ~,.., ..... :e,,•0T1• ,,. "'" - °"'"" rr-,,.,,. i.,.,_ ~ .,., " Crown Valley Parkway Fact Sheet
Implementing Organization:
Identification of the lead organization for
implementation and partner agencies/
organizations.
The information presented on the fact
sheets will be refined based on the
strategy and typical funding program
questions. Example fact sheets are
provided with this proposal to illustrate the
quality of the product offered to the City of
Los Banos.
5.3.FUTURE PUBLIC
ENGAGEMENT PLAN
A reasonable and to-scale public
engagement will be key in ensuring that
residents and stakeholders are informed
of project implementation, including
MARK THOMAS
69 design, funding, and construction. The future public engagement component will outline strategies and
initiatives to provide transparency and project information for subsequent efforts. Public engagement strategies can include quarterly updates, written articles for posting on www.losbanosdowntown.com or other sources, tabling at
community events, social media postings, status posted
on City website, City Council presentations, and design charettes. Ongoing communication with stakeholders
will position the City to pursue grants and solicit letters of support from engaged groups.
5.4. IMPLEMENTATION PLAN
Laguna Niguel Draft 2022 Local Roadway Safety Plan
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Encapsulating the funding strategies and public Laguna Nigel LRSP Implementation Matrix engagement plan, we will develop an implementation
plan that has well-defined and clear next steps for the City to advance recommendations in the Downtown Master Plan. The matrix will include estimated timeframes for the actions and determine lead individuals/organizations for the City's audience.
Our plan is to develop a Downtown Master Plan and Implementation Plan that advances many of the improvements requested within the community and sought by City staff.
TASK 5 DELIVERABLES:
Funding Opportunities Matrix
Public Engagement Plan
Implementation Plan
TASK 6. DRAFT DOWNTOWN MASTER PLAN/REPORT
6.1. PREFERRED ALTERNATIVE
Based on feedback from Community Workshop #2 and direction from City staff, we will develop a Preferred Alternative for the Downtown. The Preferred Alternative will include
the desired elements outlined in the Alternatives
while providing a greater level of design refinement. J1• .,, l ..... i-~-,;- ~ .....,:;::;r+1 It is assumed that the Preferred Alternative may be a I combination of various elements from each Alternative
rather than one selected Alternative.
The Preferred Alternative may also be accompanied by
a "toolkit" of streetscape and green streets intervention strategies that could be implemented in the Plan Area
to demonstrate how to implement these elements in
Downtown Los Banos.
6.2. COMMUNITY WORKSHOP #3
Prior to Community Workshop #3, we will send notices
to the community member list generated in the first
workshop, using email and social media postings.
••• •
Example public workshop board showing changes
Community Workshop #3 will focus on presenting the preferred alternative to the community and soliciting any input that can be included in the subsequent briefing to elected/appointed officials. As an optional task, we will provide one Spanish language facilitator if deemed necessary prior to the meeting.
Community Workshop #3 is anticipated to be an "Open House" with illustrative exhibits on display for participants to review DOWNlOWN LOS BANOS MASTER PLAM
t of I ) B ~
MARK THOMAS
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70 during the meeting. We will present the Preferred Alternative for the Downtown and summarize relevant implementation and funding recommendations. Our Project Team will facilitate a question-and-answer session, followed by community members circulating among displayed exhibits that describe different elements of the Preferred Alternative and giving comments to staff members at the exhibits. Comments will be collected and summarized for City review and presented to the Planning Commission/City Council meeting to illustrate community feedback.
We will summarize feedback received from Community Workshop #3 for incorporation into the Draft Report.
6.3. DRAFT DOWNTOWN MASTER PLAN/REPORT
Based on the public input from Community Workshop #3, we will revise the Preferred Downtown Alternative and incorporate the implementation actions into a Draft Downtown Master Plan/Report. The Master Plan/Report will include illustrative graphics showing the revised Preferred Alternative, as well as a planning-level phasing plan, and cost estimate of capital costs to implement the Master Plan.
We are well-practiced at developing cost estimates for urban design and civil engineering projects and have a strong local understanding of costs for implementation. Our team will identify the ballpark costs used for grant and funding pursuits with costs identified by project phases.
The Draft Master Plan/Report will likely include the following sections:
Existing Conditions Overview
Summary of Community Outreach
Preferred Alternative and Toolkit of Streetscape Strategies Materials and Plant Palette
Planning Level Cost Estimate and Potential Funding Strategies Implementation Action Plan
TASK 6 DELIVERABLES:
• Preferred Alternative
Community Workshop #3 Noticing
Community Workshop #3 Materials (PowerPoint Presentation and Interactive Exhibits) Community Workshop #3 Summary
Preferred Downtown Alternative & Draft Plan/Report
TASK 7. JOINT PLANNING COMMISSION/ CITY COUNCIL
MEETING
The Mark Thomas team will prepare content and information to present the Draft Plan/Report at a joint session with the Planning Commission and City Council for review and input. Obtaining Planning Commission and City Council member buyin is critical to community wide buy-in. Our project presentation will include project context, goals and objectives, community engagement summary, design highlights, and the draft final master plan concept. We will then walk the Commission/Council members through project, highlighting challenges, opportunities, innovation, and next steps. We will engage with Planning Commission/City Council members to discuss questions and concerns with a goal of formulating resolutions to outstanding critical issues. Our project team project manager is well-practiced at developing and leading presentations to elected officials, having served as the Active Transportation Program Manager at a Regional Planning Organization for 7 years.
TASK 7 DELIVERABLES:
Joint Meeting Materials (Assume 1 joint Planning Commission/City Council Meeting) Joint Meeting Summary
DOW~TOWN LOS BANOS MASTEi PLAN MARK THOMAS
' I
71 TASK 8. CONSTRUCTION PHASING
8.1. CONSTRUCTION PHASING PLAN
The Mark Thomas team will develop a Construction Phasing Plan that will identify key project components and outline project a phasing plan. The project list will identify project pre-construction phases, timelines, and funding strategies. The Construction Phasing Plan will also include project construction schedules of other agency projects such as PG&E and other utilities in order to synchronize multiple agency infrastructure projects, such as undergrounding of utilities with road surfacing projects. This approach will ensure that completed projects are well coordinated and minimize throwaway costs or trenching of newly paved roadways.
TASK 8 DELIVERABLES:
Construction Phasing Plan
TASK 9. FINAL DOWNTOWN LOS BANOS MASTER PLAN/
REPORT
9.1. FINAL DOWNTOWN MASTER PLAN/REPORT
Based on feedback from the Planning Commission, City Council and the public, we will refine the Preferred Alternative and produce a Final Plan/Report. The complete Final Plan/Report will include site plans illustrating key project elements, including street configuration, bicycle and pedestrian improvements, stormwater management features, parking, and gathering spaces.
These plans will be accompanied by sections and renderings as need to convey the design concept.
The Final Plan/Report will achieve the goal of providing realistic and implementable recommendations that can continue the progress envisioned by collaborative partners. The Final Plan/Report will recognize agency partners and define next steps towards implementation
9.2. CITY COUNCIL APPROVAL
The Mark Thomas team will prepare content and information for presentation of the Final Plan/Report at the City Council for project review and approval. Our project presentation will discuss the project process, summarize changes since the joint Planning Commission/City Council meeting, and highlight actions that will lead to implementation.
TASK 9 DELIVERABLES:
Preferred Downtown Alternative & Final Plan/Report
Meeting Materials (Assume 1 City Council Meeting)
Summary Presentation
OPTIONAL TASK 10. DEMONSTRATION PROJECT
OPTIONAL TASK 11: PHASE 1 FINAL ENGINEERING DESIGN
PLANS
We understand the City is proceeding with Rule 20A utility undergrounding within the Downtown area. Our team can prepare final engineering design plans (35%, 60%, 90%, 100%) for implementation of the Downtown Master Plan hardscape and landscape improvements if desired by the City. We can develop this optional task based on discussion with the City to establish the Phase 1 project limits, scope, and fee.
DO '1 LOS NOS MASTER PLAN
Los Banos
MARK THOMAS
I q
72 OPTIONAL TASK 10 DELIVERABLES:
Engineering Design Plans, Specifications, and Cost Estimates WfJI>.
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BANOS I STER PLAN
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73 Per the RFP, our fees are included in a separate document.
DOWNTOWt~ LOS BAN'. MASTER
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74 ■
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PROJECT SCHEDULE
--~ --------~~~~----
Mark Thomas has developed a proven approach to managing a project~ schedule by focusing on intermediate milestones to keep the team targeted. For this project, the major targeted milestones would include each of the Community Workshops, the development of the Preferred Concept Alternative, and creation of the Downtown Master Plan/Report. During project meetings, our project manager, Stephen Patchan, will focus the team on the intermediate deliverables, allowing the team to stay focused on the task at hand to deliver the highest quality service and products.
Based on the notice to proceed date proposed for May 2022 and our understanding of the project, we have created a schedule that encompasses all tasks needed to produce all deliverables identified in the project scope of work. The critical path will be the development of the Concept Design Alternatives and the Downtown Master Plan/Report.
With a Notice to Proceed and Kick- Off Meeting at the end of May 2022, we expect a project completion date in January 2023.
CITY OF LOS BANOS DOWNTOWN MASTER PLAN
PROJECT SCHEDULE
May June July August September October November December January TASK DESCRIPTION 1 2 3 4 1 2 3 4 l 2 3 4 l 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
PROJECT ADVANCEMENT AND STAKEHOLDER
1 PARTICPIATION
1.1 Project Management I I I I
1.2 Project Manager Meetings KO I I I I
1.3 Focus Group Meetings
2 EXISTING CONDITIONS
2.1 Existing Conditions Review
3 PROJECT INTRODUCTION
3.1 Community Workshop #1 #1(
4 CONCEPT DESIGN
4.1 Draft Alternatives
4.2 Refine Alternatives
4.3 Community Workshop #2 12
5 IMPLEMENTATION PLANNING
5.1 Funding Opportunities Matrix
5.2 Project Fact Sheets
5.3 Future Public Engagement Plan
5.4 Implementation Plan
6 DRAFT DOWNTOWN MASTER PLAN/REPORT
6.1 Preferred Alternative I
6.2 Community Workshop #3 113
6.3 Draft Downtown Master Plan/Recort r
7 JOINT PLANNING COMMISSION/aTY COUNCIL MEETING
7.1 Joint Planning Commission/City Council Meeting M
8 CONSTRUCTION PHASING
8.2 Construction Phaslni, Plan
9 FINAL DOWNTOWN MASTER PLAN/REPORT
9.1 Final Downtown Master Plan/Report
9.2 Otv Council Aooroval
0 Wtl,O1
j l1e•• ,-',\ru,,,. •,IA~> T
27 75
Please see the project summary and links below to view our work samples.
Madera Downtown Main Street Project
The City of Madera Downtown Main Street project focuses on State Route 145 (Yosemite Avenue) as this roadway traverses downtown and serves as the community's "Main Street". The Plan utilizes the Ca/trans Smart Mobility Framework, Complete Streets elements, and builds on a community-based arts center plan underway. All project components were developed through a 19-month planning process that included diverse leaders, residents, and organizations. This process resulted in Yosemite Avenue and the surrounding street-network unifying to serve as a well-planned complete street concept providing a sense of place for vehicles, pedestrians and cyclists. https://www.madera.gov/home/departments/engineering/downtown-main-street-pro1ect/ GoHuman Tactical Urbanism Event Series Phase 1
This project was undertaken as part of the Southern California Association of Governments' wider Go Human Active Transportation and Safety Encouragement Campaign. Go Human is a community outreach and advertising campaign with the goals of reducing traffic collisions in Southern California and encouraging people to walk and bike more. The tactical urbanism events supported local governments throughout the six-county SCAG region. Go Human provided technical assistance and resources to government partners so that cities could transform local streets through temporary improvements, demonstrations, and other activities. These activities were aimed at raising awareness around active transportation and safety issues, as well as providing an opportunity to test complete streets concepts. The events were hosted in City of Los Angeles, City of El Centro, City of Palm Desert, City of Westminster, City of Fontana and at the Southeast Cities CicLAvia.
https://scaq.ca.gov/sites/main/files/file-attachments/phase i events final report.pdf?1604892710 GoHuman Tactical Urbanism Event Series Phase 2
The GoHuman Tactical Urbanism Event Series Phase 2 built off of the success and lessons learned of Phase 1. Go Human provided technical assistance and resources to government partners so that cities could test innovative and transformative infrastructure faci lities. These activities were aimed at providing the necessary public engagement and outreach to augment project grant applications for the Ca/trans Active Transportation Program. The events were hosted in City of Anaheim, City of Brea, City of Cudahy, City of Garden Grove, City of Long Beach, City of Rancho Cucamonga, City of Rialto, City of Riverside, City of Santa Ana, City of Yorba Linda, OC Parks County of Orange. https://scaq.ca.qov/sites/ main/files/file-attachments/qohumanphase2report.pdf?1604892723 DOWNTOWN LOS BAI.JO MASHR PLAI~ MARK THOMAS
f r f r ,_
76 We are proud of our track record of successfully completing projects and meeting the project goals and needs of our clients. Below is a list of our references for projects similar to the City's project. We are confident you will find that our references will attest to our exceptional performance.
KomeAjise
Executive Director
Executive Director
Steven Mateer
Transportation Manager
Keith Helmuth
City Engineer
Town Engineer
DOWNTO 'N l BANOS , STER PLAN
•l fl ,1,,
Southern California Association of Governments
II (213) 236-1800
[8:] [email protected]
Mid-Ohio Regional Planning Commission
II (614) 228-2263
[8:] [email protected]
City of Glendora
tt (626) 852-4826
[8:] [email protected]
City of Madera
II (559) 661-5418
[8:] [email protected]
Merced County Association of Governments
ti (209) 723-3153 X 127
[8:] [email protected]
Town of Paradise
II (530) 872-6291
[8:] [email protected]
MARK THOMAS
77 STEPHEN PATCHAN Project Role: Project
Manager
Stephen will serve as project manager and day-to-day
contact for the City. He has 16 years of transportation planning experience. He has worked in varying roles
with public agencies throughout the country providing
transportation planning and management. He has a
thorough understanding of funding programs and
thinks creatively on how to obtain funding for project
implementation. Stephen spent four years working for
SCAG where he was responsible for implementing and
programming the Regional ATP . .
Eduction: BA, Creative
Writing and French
Registration: N/A
REPRESENTATIVE PROJECT EXPERIENCE
TRANSPORTATION MASTER PLAN, PARADISE
Project manager for the development of the Transportation Master Plan (TMP) to guide short- and long-term
improvements, and utilize public input to prioritize
solutions to aid in the recovery process. The TMP includes developing a Town-wide Active Transportation Plan,
LRSP, roadway network and evacuation route analysis,
updated roadway design standards, downtown public
realm/aesthetics guidelines, and economic development
assessment. Mark Thomas is also providing project
management, leading bikeway planning, roadway network
planning, and public engagement.
MOR PC ACTIVE TRANSPORTATION PLAN, OHIO
Project manager responsible for leading a multi-stakeholder committee and various staff in community engagement and network development, outlining strategies to implement
a complete a regional low stress active transportation
network. The innovative plan sets in motion efforts to
maximize walking and biking by prioritizing and designing for the interested-but-concerned community members.
The plan provides design guidance, public engagement
strategies and funding opportunities to convert all regional moderate and high stress corridors to low stress corridors by 2040.
GO HUMAN, SOUTHERN CALIFORNIA
Project manager; created and implemented the awardwinning Go Human Event Series. The Go Human events host temporary pop-up demonstration projects to provide a public engagement opportunity that communities can
DO IN \' !!ANOS M S 1 ER FLA•~
1 ,, Banos
utilize to test innovative design concepts that maximize biking and walking. Hosted over twenty events throughout Southern California. The events are then used to
augment grant applications for various state and federal funding sources including the $2.4 million in funding to implement the Mendez Historic Freedom Trail in the City of Westminster. The Mendez trail will provide an outdoor education opportunity related to the historic Mendez
school desegregation case while also serving to manage
stormwater runoff and provide a high-quality separated
cycle track in the City of Westminster.
SOUTHERN CALIFORNIA REGIONAL ACTIVE
TRANSPORTATION PROGRAM, SOUTHERN
CALIFORNIA
Coordinated and facilitated the programming of the
Regional Active Transportation Program. Developed
the program guidelines and application through input
from the County Transportation Commissions and other
regional stakeholders. Administered over $500 million
in project awards, guiding the program through the
County Transportation, Southern California Association of Governments and California Transportation Commission
approval processes.
MARK THOMAS
78 ED NORIEGA, PE
Project Role: Principal in
Charge
Ed has more than 23 years of experience in municipal
and transportation engineering. Ed manages the
design effort from our Fresno office. He has served
Eduction: BS in Civil
Engineering, 1994
Registration: CA C61555
as a project manager and project engineer on many
projects including bridges, trails, local roadway and
streetscape improvements, highway interchanges and
railroad grade separations. Ed has experience in all
aspects of project development from inception (PSR),
to approval (PNED), through to design (PS&E).
REPRESENTATIVE PROJECT EXPERIENCE
TWO REGIONAL MULTI-USE PATHS, MERCED
Project manager for the planning and conceptual design
of two regional trails in Merced County. One Class I trail will extend along SR 152 from the City of Los Banos city limit to Merced College. The other Class I trail will provide connection between the cities of Merced and Atwater along Santa Fe Drive.
VIRGINIA CORRIDOR TRAIL PHASE VII, MODESTO
Project manager for design of the conversion of the
former Tidewater/UPRR corridor into a Class I bicycle
and pedestrian trail. Phase 7 is a 0.75-mile project from Woodrow Avenue to the Hetch Hetchy Trail. It consists
of a 10-foot wide pathway with landscaping, benches,
lighting, and site amenities. This segment will have multiple roadway crossings, including a grade-separated crossing at Standiford Avenue.
7TH STREET BRIDGE REPLACEMENT, MODESTO
Project manager responsible for the delivery of construction documents for roadway and utility plans, specifications, and estimates for this $60 million bridge replacement
project. The project includes Class I multi-use path and Class II bike lanes that connects the cities of Modesto and Ceres improving mobility in the area. Project task
include oversight of the civil plans, quality control, and the preparation of construction documents.
GOLDEN STATE CORRIDOR IMPROVEMENTS,
FRESNO COUNTY
Project manager overseeing the design and leading
coordination efforts for improvements to 12.9 miles of
Golden State Boulevard. The goals of the project are to revitalize and improve the corridor and stimulate economic development. The project includes reconfiguring medians, turn pockets, improvements to at-grade UPRR crossings,
W~ lOWN LOS BANOS MAS"f R PLA
City r; 11
and intersection modifications to improve traffic safety and operations, as well as extensive pavement rehabilitation. The project also includes the addition of active transportation elements including Class I path, Class II bike lanes, Class IV bikeways, and other innovative treatments. The project includes extensive coordination with the cities of Fowler, Selma, and Kingsburg; FresnoCOG; Fresno County; UPRR;
and utilities.
CROWS LANDING CORRIDOR IMPROVEMENTS,
STANISLAUS COUNTY
Project manager responsible for PS&E services to construct median curb, curb gutter and sidewalk, and various other roadway improvements along a 1-mile stretch of Crows
Landing Road. The project area contains a five-lane arterial corridor that has grown to accommodate businesses and
serves as access to residential communities. This mixture of land use generates a large amount of non-motorized
transportation, including biking and walking, that are
commonly seen along the corridor.
MARK THOMAS
79 PAUL MARTI PE, TE, LCI
Project Role: Mobility
Planner
Paul has more than 21 years of experience as a
transportation manager and traffic engineer. He has a strong engineering and planning background that is focused
Eduction: BS in Civil
Engineering, University
of California, Irvine, 1999
on improving public travel and safety. Paul's expertise includes community assessments, active transportation,
public engagement, traffic engineering, and strategic
funding programs. As the first OCTA Active Transportation Coordinator, Paul secured over $6 million in ten unique grants to address infrastructure and non-infrastructure needs. At OCTA, he was involved in supporting local agency active transportation design projects as well as leading bikeway planning and safety studies.
Registration: CA
C65868; CA TR2315; LCI
4936
REPRESENTATIVE PROJECT EXPERIENCE
OC LOOP SEGMENTS 0, P, Q, ORANGE COUNTY
Peer review for assisting with the preparation of ATP Cycle 4 and Cycle 5 ATP grant applications for construction of the OC Loop Segment O and Segments 0, P, Q of this
regional trail system. Segments OPQ define a 2.7-mile
off-street multi-use path along the Coyote Creek flood
channel. The project includes two bridges over the channel, three roadway/highway undercrossings, three railroad
undercrossings, and three roadway at-grade crossings.
BREA ON-CALL GRANT WRITING, BREA
Project manager for the preparation of four grant
applications for the City of Brea in the past year to address transportation, parks, and hazard mitigation needs. The successful ATP grant application is recommended for $1.8 million in funding pending final action by the California Transportation Commission in June 2020. The ATP grant
application will advance the completion of the OC Loop
project, a 66-mile bikeway linking 17 agencies throughout Orange County which includes the Beach Path through
Huntington Beach.
GATEWAY INFRASTRUCTURE ACTION PLAN,
LAGUNA NIGUEL
Project manager for the analysis of infrastructure
improvements identified in the Gateway Specific Plan and future implementation. The Gateway Specific Plan is a
315-acre site bounded by 1-5 and SR-73. Project reviewed 30 infrastructure improvements and administrative actions required for completion of the specific plan, identified potential funding opportunities, and prepared a timetable for project delivery. Also was responsible for coordination with OCTA, QC Flood, and MNWD.
NORTH WATT AVENUE GRANT APPLICATION,
SACRAMENTO COUNTY
Lead grant writer for the preparation of a Caltrans
Sustainable Transportation Planning grant application for r l 1 , , LOS BANOS MA TE PLAN
of Los ,
the re-envisioning of Watt Avenue between Peacekeeper
Way and Antelope Road. The project will study the
converstion of Watt Avenue to a complete street to
accommodate bicycle and pedestrian mobility, enhance
transit operations, and improve safety. Responsibilities included developing the project scope, schedule, and fee; developing and reviewing grant narratives; and review of maps and exhibits.
GRANT FUNDING APPLICATIONS, VARIOUS
Led preparation of grant applications for multiple agencies for various state and local programs such as Active
Transportation Program, Highway Safety Improvement
Program, Orange County Transportation Authority
Measure M2, Office of Traffic Safety, Caltrans Sustainable Transportation Planning, Southern California Association of Governments Sustainable Communities Program,
and California Natural Resources Agency Urban Flood
Protection Program. Provided assistance for pursuit of
Solutions for Congested Corridors and Urban Greening
Grants.
PLACER SACRAMENTO ACTION PLAN, PLACER
COUNTY
Planning and funding strategy lead for this study to
prioritize and advance regionally significant projects across nine jurisdictions. The project area is 40-mile corridor which includes SR 65 from Lincoln to 1-80 interchange, 1-80 from SR-49 to SR-51 split, and SR-51/US-50 to 1-5. Projects geared towards increasing travel options on the corridor and developing a multi-modal transportation system
that will support economic and population growth in its neighboring communities.
MARK THOMAS
80 RYAN BISSEGGER
Project Role: Funding
Eduction: BA in
International Business,
Westminster College,
2004
Ryan has more than 17 years in the professional
engineering industry. He has held various roles and has grown to become Mark Thomas' funding expert. He is
very knowledgeable of federal and state funding sources including the Active Transportation Program (ATP), Highway Safety Improvement Program (HSIP), and the new Senate
** in Funding and
Programming
Transportation Projects
in CA, UC Berkeley
Technology Transfer,
2018
Bill (SB 1) programs. He tracks the programs and is
knowledgeable of call for project schedules. He has provided funding recommendations to agencies to pursue in order to implement improvements. Ryan has experience developing
and reviewing grant applications. His understanding of the funding programs and state and federal policies has been leveraged in the preparation of competitive grants.
REPRESENTATIVE PROJECT EXPERIENCE
MCKINLEY STREET GRADE SEPARATION PROJECT
FUNDING SUPPORT, CORONA
Funding support responsible for preparing a Section 190 funding nomination and a SB-1 TCEP grant application.
The project constructs a four-lane arterial grade separation over the BNSF double tracks. The bridge is a 291-foot
network tied arch bridge. Mark Thomas is providing
comprehensive project management services for the
grade separation project, including project management; funding/grant application assistance; Caltrans, BNSF, and CPUC coordination, right of way certification, and utilities relocation.
LIMONITE GAP CLOSURE PROJECT LPP
APPLICATION, EASTVALE
Funding support and lead grant writer for a SB-1 Local
Partnership Program grant application for the project. The project constructs a new four-lane roadway alignment
with Class I multi-use paths and a 330-foot bridge over Cucamonga Creek Channel. The grant application focused
on how the project supports economic development and
housing needs by providing multimodal access for vehicles, trucks, and non-motorized travel.
OC LOOP SEGMENT 0, P, Q - COYOTE CREEK
CHANNEL ATP GRANT APPLICATION, SANTA ANA
Project manager for preparation of ATP Cycle 4 and Cycle 5 ATP grant applications for construction of the OC Loop Segment O and Segments 0, P, Q of this regional trail
system. The project is a 2.7-mile Class I multi-use path adjacent to Coyote Creek flood channel. The project
includes two bridges over the channel, three roadway/
DOWNTOWN LOS BANC MASTER Pl N ,,
highway undercrossings, three railroad undercrossings, and three roadway at-grade crossings.
1-80 WESTBOUND CORDELIA COMMERCIAL
VEHICLE ENFORCEMENT FACILITYTCEP
APPLICATION, FAIRFIELD
Grant writing support for the preparation of a TCEP Grant application for the $100 million 1-80 Westbound Cordelia Commercial Vehicle Enforcement Facility (CCVEF). The
project will construct new westbound truck scales on 1-80 as well as braided ramps at the l-80/SR-12E Interchange and reconfiguration of the I-80/Chadbourne Road Interchange.
Responsibilities included supporting Caltrans to prepare grant narrative write ups as well as coordinating with the economic consultant for the preparation of the Cal B/C
model.
ON-CALL GRANT WRITING, SACRAMENTO COUNTY
Project manager for on-call grant writing support for
Sacramento County Department of Transportation. Contract has included the preparation of one SACOG Community
Design, two SACOG Regional Program, one SB-1 LPP,
one Sustainable Transportation Planning grant, and one
ATP application. Responsibilities included leading the
development of the LPP and ATP application narratives,
graphic exhibits, and Cal B/C model and coordinating
with Stakeholders. Also provided peer review for the three SACOG grant applications.
MARK THOMAS
81 BRUCE BRUBAKER, LEED AP
Principal, California Licensed Architect
Bruce has spent over 25 years shepherding urban design and architecture projects from conceptual designs through construction for public, commercial, and residential projects. His work has ranged in scale from regional blueprint plans to detailed multimodal street design projects. He is very interested in the middle scale of station area plans, downtown plans, and neighborhood plans, and he brings his understanding of the very small and the very big to the careful, complicated work of developing visions that generate excitement while being feasible in the real world.
Bruce is well known for innovative planning and design work on transit-oriented development projects in northern and southern California, and he is an accomplished practitioner of the principles of Crime Prevention Through Environmental Design (CPTED).
Bruce applies sustainable design principles to architectural projects that include energy efficiency, use of renewable and recycled materials, and healthy building principles. In addition, he is a highly collaborative facilitator and has successfully forged consensus in numerous public workshop settings. He is certified as a charrette planner by the National Charrette Institute and has led several projects incorporating multiday design charrettes for local and regional governments. Prior to joining PlaceWorks, Bruce was an associate with the architecture and urban design firm Lyndon/Buchanan Associates and had his own practice, Yellow Studio, focused on sustainable design.
HIGHLIGHTS OF EXPERIENCE
» Los Banos Downtown Strategic Plan, Los Banos CA
,, SR 152 and Pioneer Road Specific Plans, Los Banos CA » Santa Rosa Avenue Corridor Plan, Santa Rosa CA
» Harrison Street Corridor Plan, Oakland CA
» Regional Blueprint Planning Public Involvement and Outreach, Mendocino CA » Palm Springs Airport Shuttle Demonstration Project, Palm Springs CA » Ventura/Kings Canyon Corridor Revitalization Project, Fresno County CA » Gilroy High Speed Train Vision Plan, Gilroy CA
» Berga mot Area Plan, Santa Monica CA
» West Downtown Walnut Creek Specific Plan and EIR, Walnut Creek CA » Ravenswood/Four Corners Specific Plan and EIR, East Palo Alto CA » Bay Fair BART Station Area Improvement Plan, San Leandro CA » Santa Rosa Downtown Station Area Specific Plan, Santa Rosa CA » West Broadway Urban Village Specific Plan, Seaside CA » Antelope Crossing Transformation Project, Citrus Heights CA » Calpella Community Design Project, Mendocino County CA » Waterman Gardens Master Planning, San Bernardino CA
» Onizuka AFS Redevelopment Plan, Sunnyvale CA
» Davis Tools of Engagement/Concept Plans, Davis CA
» Miraflores Housing Development Site Plan and EIR, Richmond CA » Integrated Site Development Plan, Petaluma CA
» Downtown Infill Conceptual Building Designs, Lafayette CA » Marinwood Village Master Plan, San Rafael CA
Q • tJ1C1WN LOS BANOS MASll:R PLAt,i
of nc s
EDUCATION
» Master of Architecture, University of
California, Berkeley
» Residential Course, International
Laboratory for Architecture and
Urban Design, Siena, Italy
» BS, Architecture, California
Polytechnic State University, San Luis
Obispo
REGISTRATIONS
» California Licensed Architect
#C22756
CERTIFICATIONS
» Leadership in Energy and
Environmental Design Accredited
Professional
AFFILIATIONS
» US Green Building Council
" Urban Land Institute
" Congress for the New Urbanism
Team member since 2006
~ PLACEWORKS
MARK THOMAS
82 83
THIS PAGE IS INTENTIONALLY LEFT BLANK
84 COST PROPOSAL FOR PROJECT SCOPE: Los Banos - Downtown Master Plan SUBS
u MARK t ll ! THOMAS i i ~
■ ■ i i. i! ; j 1! Total TOlalMT TOTAL COST
i l! i " 3 :I ~ Ho n - i • :E ,:; = • • f f i ! i " ¾ ¾ " ! t ,l II: It
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1.2 ,ru1~ M.1nager Meetings 25 1C 35 $9,1~ 2,142 $11,311 L3 f oti.n @oup Met"t.ln,a 12 4 4 " " ..... so.m
-"'-""'·' ' S7 1' • • 11 ' u .. U7 $30.17' u.w su,m
,.. HlmNG CONDITIONS
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3.1 Community Workshop #1 ' 16 • 4 12 ,. _ 66 512,45' 10,077 $22,533 .......... ' .. • • u " • • • .. su•u $ib,m $U,S33 ..• ~ Pr DESIGN
.. Dnfl~atives • 22 • 4 20 .. • 78 515 ... 23,899 $39,78 .., Rafffl11: M•rnative5 2 22 2 ' • • 2 (2 s..- s.m $15,32 •.J CMtifl'\!Jnh'°W ,z 10 lZ 4 26 ...... 7,527 $12,44~
........ ,.,,.,.. • .. •• • .. .. I • • ... ~ 517,lfl S67,Sn , . IMlltl.EMOOATION PlANNING
S.1 Funding Opportunltle5 Matrix 6 16 4 18 • II 68 JJ'IJYP'I $14,071
5.2 Pro,Mt ~,;;ct Sheets 6 2 8 ' ' 26 $,I,- $4,14 ·~ Fu1.ut1 Publlc Engagement Plan 12 ,.. ' 38 u- 56.S.
S.4 lmc,l•rnenta11on Pl.in • • • 4 12 .. • 64 $11,971 $11.97 Sj;I~,...., • J2 u I .It .. ,.. • • . .. $37,m " $37,,S ... Dtt.An" DOWNl'OWN MASTER PLAN/REPORT'
S,1 Preferred AltematlVH • • • 2 6 2C ...,2, 9,506 $1f.nJC ,., Community Workshi;,D #3 8 " 2D $3,721 5,987 lf,'IO' 03 o,an OQwntown Master Plan/Report • ,. 2D $3,IQ 11,098 $.14,JS ~"'-~• . Ii • ' • ,. • .. $ Sl&H l 07,ffl
JJ) JOINT PUJ'fNING COMMISSION/OTY COUNCL MEmNG
7.1 Pl•f1f'llt11 Commission/City CouncH Meetlns 2 • 12 22 ~ S,,J,M Swlr..~, ... J J I • • 0 ll • • ' ll - .. ...... ... COIUT1WCl10N PHASING
8.1 COIUtT\ICbon Phasing Plan • 16 • 20 ' 48 lt.Bl! S.324 $1',96< --· 0 • ,. • 20 • • ·' • ~ ff~ $5,1:N $14,951
. .,, FIHAl DOWNTOWN LOS BANOS MASTER PLAN/REPORT
.. f m/111 Or;,wntown Master Pl.an/Report 2 • • " •• Sf.- SI.GIi
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86 LOsBanos
At tlte Crossroa,ls ~f California
Agenda Staff Report
TO:
FROM:
DATE:
Mayor and City Council Members f;
Nirorn Than, P.E., Public Works Director/City Engineer y/i fJ. f, April 6, 2022 fO
TYPE OF REPORT: Consent Agenda
SUBJECT: Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Galvin Preservation Associates, Inc. (GPA) for Environmental Clearance and Landscape Architecture Services for the Pioneer Road Widening Project
Recommendation:
That the City Council adopts the Resolution authorizing the City Manager to execute a Professional Services Agreement with Galvin Preservation Associates, Inc. (GPA) for Environmental Clearance and Landscape Architecture Services for the Pioneer Road Widening Project. The Public Works Department will administer the Professional Services Contract for a not to exceed $1,982,098.69 for the Phase 28 - Project Approval/Environmental Document Phase.
Background:
The Pioneer Road Widening Project is an approximately 6.5 mile long design and construction of a 4-lane arterial road. This road is to be designed per City Standards and will include a 10-foot Bicycle/Pedestrian Sidewalk. The approximate location of the widening is from State Route 152/Merced College Signalized intersection, south to Pioneer Road, easterly along Pioneer Road to the Pioneer Road/Ward Road future intersection, then north along Ward Road to the State Route 152/Ward Road signalized intersection.
The City of Los Banos (City) selected Mark Thomas and Company, Inc. (MTCo) in 2020 to provide engineering services for the Phase 1 - Project Study Report-Project Development Support (PSR-PDS), Phase 2 - Project Approval and Environmental Document (PA&ED), and Phase 3 - Plans Specifications and Estimate (PS&E) for the Pioneer Road Widening Project. Mark Thomas completed Phase 1 - PSR-PDS. The MiniPreliminary Environmental Analysis Report (PEAR) prepared for the PSR-PDS anticipates 87 an Initial Study/Mitigated Negative Declaration for California Environmental Quality Act (CEQA) and "Routine" Environmental Assessment/Finding of No Significant Impact for National Environmental Protection Act (NEPA). Mark Thomas's contract has been amended to include Phase 2A - PA&ED: Engineering Services. The City has secured Highway Improvement Program (HIP) and Local Partnership Program (LPP) funds for the non-engineering design components of PA&ED and PS&E.
Currently, Westside Regional Measure V Funding has dedicated $8.65 million to the Pioneer Road Widening Project. This funding will take the project up to the construction phase.
Discussion:
The RFQ's goal was to select a qualified consulting firm to support Mark Thomas in providing Phase 28 - PA&ED: Environmental Clearance and Landscape Architecture Services. The selected Phase 28 consultant shall have the ability to provide in-house services, or the capacity to sublet, environmental generalists and environmental technical studies, landscape architecture design, and public engagement services to complete the requirements of the project. The RFQ specifically requires that the consultant must be knowledgeable and experienced in the preparation of CEQA and NEPA compliant environmental documents, environmental technical studies, preparing similar environmental compliance documents for Caltrans projects, landscape planting and irrigation plans.
The City of Los Banos released a Request for Qualifications (RFQ) for Environmental Clearance and Landscape Architecture Services for the Pioneer Road Widening Project on September 1, 2021. A Public Notice for RFQ was issued in the Merced Sun Star on September 1, 2021. The solicitation period was open for three weeks and SOQ's were due to the City by September 22, 2021. One (1) firm, Galvin Preservation Associates, Inc. (GPA) submitted a Statement of Qualifications (SQQ) for the project and was determined responsive to the requirements of the RFQ.
City staff and MTCo reviewed the SQQ and recommended moving forward with GPA MTCo prepared and submitted a Cost Effectiveness/Public Interest Finding/A&E Noncompetitive Form for Caltrans review and approval due to the single SQQ received.
The City received Caltrans approval of the selection of GPA on October 24, 2021.
This agreement will authorize that Phase 28 - PA&ED: Environmental Clearance and Landscape Architecture Services, be awarded for a not to exceed amount of $1,982,098.69.
Fiscal Impact:
The total cost for Phase 28 is not to exceed amount of $1,982,098.69. Staff expects to spend up to $100,000 for Phase 28 from Adopted Budget Account 229-430-100-238, Technical Services this Fiscal Year 2021-2022. The remainder of the contract will be budgeted in Fiscal Year 2022-2023. The City will be receiving 100% reimbursement from Measure V Regional Funds for this amount.
88 Reviewed by:
d;?Umheiro, City Manager
Attachments:
Resolution
Professional Services Agreement with Exhibit A· Cost Proposal, Exhibit B· Scope of Services Insurance Certificate
Request for Qualifications (RFQ) without appendices
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90 RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH GALVIN
PRESERVATION ASSOCIATES, INC. FOR
ENVIRONMENTAL CLEARANCE AND
LANDSCAPE ARCHITECTURE SERVICES FOR
THE PIONEER ROAD WIDENING PROJECT
WHEREAS, as Request for Qualifications was issued on September 1, 2021 to perform Engineering Services Environmental Clearance and Landscape Architecture Services for the Pioneer Road Widening Project; and
WHEREAS, staff has reviewed the qualifications of the firm which submitted a proposal and negotiated the cost proposal with the firm being recommended; and WHEREAS, the proposed Professional Services Agreement has been reviewed by the City Attorney and approved as to form; and
WHEREAS, this agreement approved the Phase 28 Scope and Phase 28 Cost of not to exceed $1,982,098.69.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to execute a Professional Services Agreement with Galvin Preservation Associates, Inc. for Environmental Clearance and Landscape Architecture Services for the Pioneer Road Widening Project.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 6th day of April 2022, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Manuel Thomas Faria Ill, Mayor
ATTEST:
Lucille L. Mallonee, City Clerk
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PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF LOS BANOS AND
GPA CONSUL TING
FOR
ENVIRONMENTAL CLEARANCE AND
LANDSCAPE ARCHITECTURE SERVICES
[THE PIONEER ROAD WIDENING PROJECT]
THIS AGREEMENT is made and entered into this day of April_, 2022, by and between the City of Los Banos, California, a municipal corporation, ("City,") and Galvin Preservation Associates Inc., a California corporation DBA GPA Consulting, ("Consultant").
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California.
B. City desires to engage Consultant as an independent contractor to provide professional engineering services for specific tasks associated with the Pioneer Road Widening Project.
C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement.
D. City desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties asfollows:
1. limL, The term of this Agreement shall commence upon the above written date and shall remain in effect until June 30, 2025, unless terminated earlier as set forth herein.
2. Project Descrjptjon, The Pioneer Road Widening Project is an approximately 6.5 mile long design and construction of a 4-lane arterial road. This road is to be designed per City Standards and will include a 10-foot Class I bike/pedestrian path. The location of the widening is from the State Route 152/Merced College signalized intersection, south to Pioneer Road, easterly along Pioneer Road to the Pioneer Road/Ward Road future intersection, then north along Ward Road to the Highway 152/Ward Road signalized intersection.
3. statement of Work,
3.1 Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion.
4. Admjnjstratjon, The Public Works Director shall administer this 1 93
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Agreement on behalf of the City. The Public Works Director or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement.
5. Consultant's Reports or Meetings. Consultant shall submit progress reports at least once a month. The report should be sufficiently detailed for the City's Contract Administrator to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
5.1 Consultant's Project Manager shall meet with City's Contract Administrator, as needed, to discuss progress on the Agreement.
6. Performance Perjod. Upon receipt of written Notice to Proceed from the City, Consultant shall perform with due diligence the services as noted in the Scope of Services (Exhibit A). Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed.
6.1 This Agreement shall be effective upon approval by the Los Banos City Council and execution by both parties. Consultant shall commence work after notification to proceed by City's Contract Administrator. The Agreement shall end on June 30, 2025, unless extended by Agreement amendment.
6.2 Consultant is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by City.
7. Compepsatjon. AHowable Costs, and Payments. The Consultant's Cost Proposal is attached hereto (Exhibit B} and incorporated herein by this reference. If there is any conflict between the approved Cost Proposal and this contract, this contract shall take precedence. The compensation payable to Consultant for services performed under this Agreement will be based on Direct labor, Indirect costs, Fixed fee, Consultant's other direct costs, and subconsultant's costs as set forth in the Cost Proposal. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved Consultant's Cost Proposal, unless additional reimbursement is provided for by Agreement amendment. In no event, will Consultant be reimbursed for overhead costs at a rate that exceeds City's approved overhead rate set forth in the Cost Proposal. In the event, that City determines that a change to the work from that specified in the Cost Proposal and Agreement is required, the Agreement time or actual costs reimbursable by City shall be adjusted by Agreement amendment to accommodate the changed work. The maximum total cost as specified in Paragraph 7.11 of this Article shall not be exceeded, unless authorized by Agreement amendment. 7 .1 The indirect cost rate established for this Agreement is extended through the duration of this Agreement.
7.2 In addition to the allowable incurred costs, City will pay Consultant a 2 94
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fixed fee as set forth in the Cost Proposal. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the scope of work and such adjustment is made by Agreement amendment.
7.3 Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the Cost Proposal.
7.4 When milestone cost estimates are included in the Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
7.5 Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant's fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in Article Ill Statement of Work, City shall have the right to delay payment or terminate this Agreement.
Consultant shall not commence performance of work or services until this contract has been approved by the City, and notification to proceed has been issued by the City's Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this contract.
7.6 No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.
7.7 Consultant will be reimbursed promptly according to California Regulations upon receipt by City's Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of Consultant's work. Invoices shall be mailed to City's Contract Administrator at the following address:
City of Los Banos,
Nirorn Than, P.E., Public Works Director
411 Madison Avenue,
Los Banos, CA 93635
7.8 The total amount payable by the City shall not exceed the amount agreed upon, unless authorized by contract amendment.
7 .9 If the Consultant fails to satisfactorily complete a deliverable according to the schedule, no payment will be made until the deliverable has been satisfactorily completed.
7.10 The total amount payable by City shall not exceed $1,982,098.69. 7 .11 For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
8. cost Pciociples and Admjnistrative Requirements,
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8.1 The Consultant agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
8.2 The Consultant also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
8.3 Any costs for which payment has been made to the Consultant that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the Consultant to City.
8.4 When a Consultant or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
9. Retentjon of Records/Aydjts, For the purpose of determining compliance with Gov. Code § 8546. 7, the Consultant, Subconsultants, and City shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement. All parties, including the Consultant's Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement. City, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Consultant, Subconsultants, and the Consultant's Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
10. Audit Reyjew Procedures,
10.1 Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by Agreement, shall be reviewed by City's Chief Financial Officer.
10.2 Not later than thirty (30) calendar days after issuance of the final audit report, Consultant may request a review by City's Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
10.3 Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this Agreement.
10.4 Consultant and subconsultant Agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant's responsibility to ensure federal, City, or local government officials are allowed full access to the CPA's work papers including making copies as necessary. The Agreement, cost proposal, and ICR shall 4 96
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be adjusted by Consultant and approved by City Contract Administrator to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, City or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and di$allowance of prior reimbursed costs.
10.5 Consultant's Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the Consultant and approved by the City Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. a. During IOAl's review of the ICR audit work papers created by the Consultant's independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review.
Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO} Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.
Accepted rates will be as follows:
1. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
2. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%)-the accepted rate will be eighty-five percent (85%) of the proposed rate.
3. If the proposed rate is greater than two hundred percent (200%)- the accepted rate will be seventy-five percent (75%) of the proposed rate.
b. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require Consultant to submit a revised independent CPAaudited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Consultant's and/or the independent CPA's revisions.
c. If the Consultant fails to comply with the provisions of this Paragraph 5 97
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10.5, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph
10.5.a. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement.
d. Consultant may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and, (3) IOAI has issued its final ICR review letter. The Consultant MUST SUBMIT ITS FINAL INVOICE TO City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between City and the Consultant, either as a prime or subconsultant, with the same fiscal period ICR.
11. Sybcontractjng. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the City and any Subconsultants, and no subagreement shall relieve the Consultant of its responsibilities and obligations hereunder. The Consultant agrees to be as fully responsible to the City for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Consultant. The Consultant's obligation to pay its Subconsultants is an independent obligation from the City's obligation to make payments to the Consultant.
11.1 The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the City Contract Administrator, except that which is expressly identified in the Consultant's approved Cost Proposal.
11.2 Any subagreement entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to Subconsultants unless otherwise noted.
11.3 Consultant shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the Consultant by the City.
11.4 Any substitution of Subconsultants must be approved in writing by the City Contract Administrator in advance of assigning work to a substitute Subconsultant.
11.5 Prompt Payment. Consultant or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed Consultant on account of the work performed by the subconsultants, to the extent of each subconsultant's interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from Consultant or subconsultant to a subconsultant, Consultant or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due 6 98
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per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney's fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
11.6 Prompt Payment of Withheld Funds to Subconsultants. The City may hold retainage from Consultant and shall make prompt and regular incremental acceptances of portions, as determined by the City, of the contract work, and pay retainage to Consultant based on these acceptances. The City shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by Consultant or subconsultant to a subconsultant.
No retainage will be held by the City from progress payments due to Consultant. Consultants and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the City's prior written approval. Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code.
This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions and other remedies specified therein.
These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subcontract performance, or noncompliance by a subconsultant.
12. Eayjpment Purchase and Other Capital Expendjtures, Prior authorization in writing by City's Contract Administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or Consultant services.
Consultant shall provide an evaluation of the necessity or desirability of incurring such costs.
12.1 For purchase of any item, service, or consulting work not covered in Consultant's approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by City's Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.
12.2 Any equipment purchased with funds provided under the terms of this Agreement is subject to the following:
a. Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement 7 99
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and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City.
b. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
13. State preyamng Wage Rates. No Consultant or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments.
13.1 The Consultant shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance).
These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
13.2 General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
13.3 Payrolls.
a. Each Consultant and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
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1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by
his or her employees on the public works project.
b. The payroll records enumerated under paragraph (a) above shall be certified as correct by the Consultant under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representatives at all reasonable hours at the principal office of the Consultant. The Consultant shall provide copies of certified payrolls or permit inspection of its records as follows:
1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
2. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division of Labor Standards Enforcement and the Division of
Apprenticeship Standards shall not be altered or obliterated by the Consultant.
3. The public shall not be given access to certified payroll records by the Consultant. The Consultant is required to forward any requests for certified payrolls to the City Contract Administrator by both email and regular mail on the business day following receipt of the request.
c. Each Consultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the Consultant or Subconsultant performing the work shall not be marked or obliterated. e. The Consultant shall inform City of the location of the records enumerated under paragraph (a) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
f. The Consultant or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (a) above. In the event the Consultant or Subconsultant fails to comply within the ten (10) day 9 101
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period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by City from payments then due. Consultant is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
13.4 When prevailing wage rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City Contract Administrator.
13.5 Penalty.
a. The Consultant and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the Consultant and any Subconsultant shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Consultant or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
b. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Consultant or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Consultant or Subconsultant had knowledge of the obligations under the Labor Code. The Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement. c. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant or Subconsultant. d. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime Consultant of the project is not liable for the penalties described above unless the prime Consultant had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime Consultant fails to comply with all of the following requirements:
1. The Agreement executed between the Consultant and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code§§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
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2. The Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the
Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
3. Upon becoming aware of the Subconsultant's failure to pay the specified prevailing rate of wages to the Subconsultant's workers, the Consultant shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project.
4. Prior to making final payment to the Subconsultant for work performed on the public works project, the Consultant shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the
Subconsultant's employees on the public works project and any amounts due pursuant to Labor Code §1813.
e. Pursuant to Labor Code §1775, City shall notify the Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
f. If City determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Consultant shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by City.
13.6 Hours of Labor. Eight (8) hours labor constitutes a legal day's work.
The Consultant shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by the Consultant or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
13. 7 Employment of Apprentices.
a. Where either the prime Agreement or the subagreement exceeds thirty thousand dollars {$30,000), the Consultant and any subconsultants under him or her shall comply with all applicable requirements of Labor Code§§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
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including mandatory ratios of journey level to apprentice workers.
Prior to commencement of work, Consultant and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the Agreement work. The Consultant is responsible for all subconsultants' compliance with these requirements. Penalties are specified in Labor Code §1777.7.
14. p;sadvantaaed Busjness Enterprjses (DBE) part;c;pat;on.
14.1 Consultant, subrecipient (City), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR
26.5, The City shows a contract goal for DBEs. Consultant shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.
Consultant shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is Consultant's responsibility to verify that the DBE firm is certified as DBE at date of proposal opening and document the record by printing out the California Unified Certification Program (CUCP) data for each DBE firm.
All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal. Credit for materials or supplies Consultant purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
• 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
• Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer."
This Agreement is subject to 49 CFR Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". Consultants who enter into a federally-funded agreement will assist t~e City in a good faith effort to achieve California's statewide overall DBE goal.
14.2 The goal for DBE participation for this Agreement is 18%. Participation by DBE Consultant or subconsultants shall be in accordance with information contained in Exhibit 10- 02: Consultant Contract DBE Commitment attached hereto and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
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effort means that the Consultant must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If Consultant has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information - Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.
14.4 Contract Assurance Under 49 CFR 26.13(b):
Consultant, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Consultant shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.
Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
withholding monthly progress payments; assessing sanctions; liquidated damages; and/or disqualifying Consultant from future proposing as non-responsible.
14.5 Termination and Substitution of DBE Subconsultants. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City's written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the City. Unless the City's consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid.
The City authorizes a request to use other forces or sources of materials if Consultant shows any of the following justifications:
a. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
b. The City stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the City's bond requirements.
c. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.
d. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
e. Listed DBE's work is unsatisfactory and not in compliance with the contract.
f. Listed DBE is ineligible to work on the project because of suspension or debarment.
g. Listed DBE becomes bankrupt or insolvent.
h. Listed DBE voluntarily withdraws with written notice from the Contract
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i. Listed DBE is ineligible to receive credit for the type of work required. j. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
k. The City determines other documented good cause.
Consultant shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise Consultant and the City of the reasons why the use of other forces or sources of materials should not occur.
Consultant's request to use other forces or material sources must include:
a. One or more of the reasons listed in the preceding paragraph. b. Notices from Consultant to the DBE regarding the request. c. Notices from the DBEs to Consultant regarding the request.
If a listed DBE is terminated or substituted, Consultant must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.
14.6 Commitment and Utilization. The City's DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization. The City shall request Consultant to:
a. Notify the City's contract administrator or designated representative of any changes to its anticipated DBE participation.
b. Provide this notification before starting the affected work. c. Maintain records including: name and business address of each 1sttier subconsultant; name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier; and date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment).
If Consultant is a DBE Consultant, they shall include the date of work performed by their own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE must notify Consultant in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify Consultant in writing of the certification date. Consultant shall submit the notifications to the City. On work completion, Consultant shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-0, form and submit the form to the City within 30 days of contract acceptance.
Upon work completion, Consultant shall complete Exhibit 17-F Final Report - Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the City within 90 days of contract acceptance. The City will withhold $10,000 until the form is submitted. The City will release the withhold upon submission of the completed form.
In the City's reports of DBE participation to Caltrans, the City must display both commitments and attainments.
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14. 7 A DBE is only eligible to be counted toward the Agreement goal if it performs a commercially useful function (CUF) on the Agreement. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors.
14.8 A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
14.9 If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.
14.1 0 Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE Consultant's shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
14.11 If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to City's Contract Administrator within thirty (30) calendar days.
14.12 After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to
[email protected] with a copy to the Agency.
14.13 Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.
15. lodemnjficatjon, When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel's fees and 15 107
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costs but only to the extent the Consultant (and its Sub consultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Sub consultants) and the City in the performance of professional services under this agreement.
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant.
In the event the City indemnities are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant's performance of this agreement, the Consultant shall provide a defense to the City indemnities, or at the City's option, reimburse the City indemnities their costs of defense, including reasonable legal counsels' fees, incurred in defense of such claims.
16. insurance, Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by the City Attorney prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City Attorney.
D. Coverage Requirements.
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i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non-payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, the general aggregate limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000) per claim and not less than two million dollars ($2,000,000) in the annual aggregate.
E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 17 109
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v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of nonpayment of premium) written notice has been received by City.
16.1 Consultant agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time or times during the term of this Agreement, Consultant agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the Agreement, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of City. In the event Consultant fails to keep in effect at all times insurance coverage as herein provided, City may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.
16.2 Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
16.3 All subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured to the subconsultant's policies.
17. Fyndjng Regyjc,ments, It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.
17.1 This Agreement is valid and enforceable only if sufficient funds are made available to City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City governing board that may affect the provisions, terms, or funding of this Agreement in any manner. 17 .2 It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds.
17.3 City has the option to terminate the Agreement pursuant to Article VI Termination, or by mutual agreement to amend the Agreement to reflect any reduction of funds.
18. Contjngent Fee. Consultant warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City has the 18 110
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right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
19. Disputes, Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five ( 45) days of goodfaith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
20. lnspectjon of Work, Consultant and any subconsultant shall permit City, the State, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement.
21. Safety. Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site.
21.1 Pursuant to the authority contained in Vehicle Code §591, City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
22. Nondjscrjmjnat;on Clause and Statement of compuance, The Consultant's signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Consultant has, unless exempt, complied with the nondiscrimination program requirements of Gov.
Code §12990 and 2 CCR§ 8103.
22.1 During the performance of this Agreement, Consultant and its subconsultants shall not deny the Agreement's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
22.2 Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov.
Code §§11135-11139.5, and the regulations or standards adopted by City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR 19 111
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§§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
22.3 Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.
22.4 Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
22.5 Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
22.6 The Consultant, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
22. 7 The Consultant shall comply with regulations relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964 ). Specifically, the Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
22.8 Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the City components of the DBE Program Plan, Consultant, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
23. Independent Contractor, It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance 20 112
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or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.
23.1 The Consultant shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement and shall be responsible for the payment of Federal and State Employer Withholding Taxes, Unemployment Insurance Taxes, FICA Taxes, Retirement, Life and/or Medical Insurance, and Worker's Compensation Insurance for the employees of the Consultant or any other person performing services under this Agreement.
Consultant and its employees are not entitled to the rights or benefits afforded to City's employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other employment benefit.
Consultant agrees to indemnify and hold City harmless from any claims, costs, losses, fees, penalties, interest, or damages suffered by City as a result of any claim by any person or entity contrary to the provisions of this Section.
24. Ownershjp of Documents. All documents, information and materials of any and every type furnished or prepared by the Consultant or any of its subcontractors pursuant to and in the course of performance of this Agreement shall be and remain the sole and exclusive property of the City. Such documents, information and materials shall include but not be limited to all findings, reports, plans, specifications, studies, drawings, estimates, documents, appraisals, information and data including, but not limited to, electronic media, computer tapes or discs, files, and tapes furnished or prepared or accumulated by the Consultant in performing work under this Agreement, whether completed or in process. City shall have the sole right to use such documents, materials and information in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such documents, materials and information to City upon prior written request.
24.1 All Documents shall be considered works made for hire and all Documents and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents.
24.2 Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City's sole risk.
24.3 Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal aid contracts).
24.4 City may permit copyrighting reports or other agreement products. If copyrights are permitted; the Agreement shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
25. Confjdentjanty, All City information disclosed to Consultant during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as 21 113
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authorized by City, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law. All documents, including drafts, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information, excepting that information which is public record and subject to disclosure pursuant to the Public Records Act, or otherwise required by law.
25.1 Permission to disclose information on one occasion, or public hearing held by City relating to the Agreement, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion.
25.2 Consultant shall not comment publicly to the press or any other media regarding the Agreement or City's actions on the same, except to City's staff, Consultant's own personnel involved in the performance of this Agreement, at public hearings, or in response to questions from a Legislative committee.
25.3 Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by City, and receipt of City's written permission.
25.4 All information related to the construction estimate is confidential, and shall not be disclosed by Consultant to any entity, other than City, Caltrans, and/or FHWA. All of the materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If Consultant or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant releasing the information, including, but not limited to, City's attorney's fees and disbursements, including without limitation experts' fees and disbursements.
26. Access to Records. Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection.
Consultant shall be entitled to reasonable compensation for time and expenses relate to such access and inspection activities, which shall be considered to be an additional service to the City, subject to the provisions of Section 5 hereinabove.
27. Conflict of Interest. Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project, which will follow.
27.1 Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution 22 114
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of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law. 27 .2 Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this contract.
27.3 Consultant hereby certifies that neither Consultant or subconsultant, nor any firm affiliated with Consultant will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through joint- ownership, or otherwise.
27.4 Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract.
27.5 Consultant hereby certifies that neither Consultant, its employees, nor any firm affiliated with Consultant providing services on this project prepared the Plans, Specifications, and Estimate for any construction project included within this contract. An affiliated firm is one, which is subject to the control of the same persons through joint- ownership, or otherwise.
27.6 Consultant further certifies that neither Consultant, nor any firm affiliated with Consultant, will bid on any construction subcontracts included within the construction contract. Additionally, Consultant certifies that no person working under this contract is also employed by the construction contractor for any project included within this contract.
27. 7 Except for subconsultants whose services are limited to materials testing, no subconsultant who is providing service on this contract shall have provided services on the design of any project included within this contract. 2s. Rebates, Kickbacks or Other Unlawful Copsjderatjop. The Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
29. Prohibition of Expepdjpg Local Agepcy, state, or federal fypds tor Lobbyjpg, that:
29.1 The Consultant certifies, to the best of his or her knowledge and belief, a. No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this 23 115
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Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the Consultant shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
29.2 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
29.3 The Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
30. Assjqnment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City.
30.1 Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.
Consultant shall be fully responsible to City for all acts and omissions of the subconsultant. Nothing in this Agreement shall create any contractual relationship between City and subconsultant nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subconsultant other than as otherwise required by law.
31. Compnance wjth Laws, BYies, Beqylatjons, Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.
31.1 During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the 5applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 24 116
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of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. 31 .2 The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation - Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
31.3 The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment.
31.4 Consultant shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement.
Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
31.5 Consultant is aware of the requirements of California Labor Code section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are subject to the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws.
32. National Labor Relatjons Board Certification, In accordance with Public Contract Code § 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant's failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board.
33. Eyaiuatjon of Consultant, Consultant's performance will be evaluated by City. A copy of the evaluation will be sent to Consultant for comments. The evaluation together with the comments shall be retained as part of the Agreement record.
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34. Prompt Payment from the Local Agency to Consultant, The City shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from Consultant on a professional service contract. If the City fails to pay promptly, the City shall pay interest to the Consultant, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the City shall act in accordance with both of the following:
a. Each payment request shall be reviewed by the City as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.
b. Any payment request determined not to be a proper payment request suitable for payment shall be returned to Consultant as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
35. Debarment and Suspensjon Cartjfjcatjon, Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "0MB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicated, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to the City.
Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendations for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.
Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA.
36. lnteqratjon; Amendment, This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.
37. Seyerabjljty. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
38. WajyerNaljdjty, Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The 26 118
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acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
39. Jurjsdjctjon, City and Consultant agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of Merced.
40. Notjce, Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
To City:
Nirorn Than, P.E.
Public Works Director
411 Madison Avenue
Los Banos, California 93635
To Consultant:
Richard Galvin
Vice President/CFO
840 Apollo Street, Suite 312
El Segundo, CA 90245
41. Termjnatjon. This Agreement may be terminated by City, provided that City gives not less than thirty (30) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
41.1 City may temporarily suspend this Agreement, at no additional cost to City, provided that Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination.
41.2 Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined.
41.3 In the event of termination, Consultant shall be compensated as provided for in this Agreement for services satisfactorily performed and cost incurred up to the effective date of the termination for which Consultant has not been previously paid. Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. (Signature page to follow)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth below.
Date:
Date:
ATTEST:
CITY CLERK
Lucille L. Mallonee
City Clerk
28 GPA CONSUL TING
by: Richard Galvin
Vice President/CFO
CITY OF LOS BANOS,
a California Municipal Corporation
by: Josh Pinheiro
City Manager
APPROVED AS TO FORM:
William A. Vaughn
City Attorney
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EXHIBIT A
SCOPE OF WORK
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PIONEER ROAD WIDENING PROJECT
SCOPE OF WORK
PROJECT MANAGEMENT
Throughout the environmental process, CONSULTANT will maintain a clear line of communication with the City and design engineers and will conduct regular status checks to ensure all tasks are on schedule and within budget. The CONSULTANT project manager will prepare a schedule for all environmental tasks and will update it monthly and prepare a monthly progress report for each task that includes the progress of each task, new and ongoing issues, proposed resolutions, and estimated impact on the schedule. CONSULTANT will also maintain both electronic and hard copies of the complete environmental record and will provide the City with a copy of all final documentation. CONSULTANT project manager will update the track update the schedule, coordinate sub consultants, City, and engineers.
MEETINGS
CONSULTANT will attend one kick off meeting, up to 18 PDT meetings, up to 12 agency coordination meetings, bi-monthly coordination meetings with Mark Thomas, up to 6 stakeholder meeting, up to 6 community meetings, up to 3 public workshops, and a scoping meeting for agency and public. It is assumed that all meetings will be held virtually.
QUALITY ASSURANCE/QUALITY CONTROL (QA/QC)
In order to maintain efficient and high-quality environmental documentation, CONSULTANT will perform thorough and accurate technical reviews of all deliverables prior to submittal to the City and Caltrans.
Staff understanding and proficiency of NEPA/CEQA requirements, as well as familiarity with the Caltrans Annotated Outlines, will ensure minimal comments are received on all documents submitted.
Deliverable(s):
• Document Reviews
TECHNICAL STUDIES
CONSULTANT shall coordinate and prepare all required technical studies to be included in the Environmental Impact Report (EIR) and Environmental Assessment (EA). Preparation of all technical analyses and reports will follow local, state, and federal environmental guidelines, primarily consisting of the CALTRANS Standard Environmental Reference (SER) website, CALTRANS Local Assistance Procedures Manual, local and state CEQA Guidelines and FHWA Guidance on preparing and processing Environmental and Section 4(f) documents. The formats to be used for the technical studies will follow the guidance available on the CAL TRANS SER website as of the date that those studies are initiated.
Unless otherwise noted, the deliverables for the technical studies will be a separate bound report including a standardized project description, a methodology relevant to each topic area, description of the affected environment, impact assessment and mitigation measures. Each draft technical study will 123
be submitted to the City for review. Following City review, the document will be revised, and a draft technical study will be provided to Caltrans for review. Following Caltrans review, the document will be revised, and a final technical study will be submitted to the City for review and approval before submitting to Caltrans for review and approval. All technical studies will be submitted electronically.
Deliverables:
• Draft technical studies
• Final technical studies
Preparation of the following technical reports and memorandums are anticipated:
• Community Impact Assessment
• Visual Impact Assessment
• Biological Resources
o Natural Environment Study
o Aquatic Resources Delineation Report
• Cultural Resources
o Historic Property Survey Report
o Archaeological Survey Report
o Historical Resources Evaluation Report
o Finding of Effect
• Water Quality Assessment Report
• Section 4(f)- De Minim is
• Air Quality Technical Report
• Noise Study Report
• Biological Resources
o Aquatic Resources Delineation Report
o Natural Environment Study
o Biological Assessment (Section 7 Consultation)
• Hazardous Waste Study (Initial Site Assessment)
• Land Use Study
PUBLIC OUTREACH & ENGAGEMENT
CONSULTANT will engage the community for both the environmental review and the conceptual landscape development of the project. All required engagement for the project under CEQA and NEPA will be provided. It is anticipated that the following outreach will be included:
• Public Scoping Meeting(s)
• Public Meeting(s) to discuss conceptual landscape and aesthetics • Public Meeting(s) to accept comments on draft environmental documents • Kick-off Meeting
CONSULTANT will develop a draft public engagement plan that will serve as the road map through the process to certification. This plan will identify who will be informed about the project, and what some potential concerns will be. The engagement plan will propose multiple methods to reach the public, 124
each tailored to address a subset of stakeholders that need to be informed. This may include stakeholders who do not normally attend public meetings. The engagement plan will also outline how project feedback will be monitored closely to respond quickly to misinformation. The engagement plan will be provided in draft form to the prime contractor and City for review and comment.
CONSULTANT will develop and distribute outreach materials for one Public Scoping Meeting.
CONSULTANT will also review and comment on the presentation prepared by the prime consultant.
PlaceWorks will help facilitate the meeting, including hosting it on an online platform if needed.
CONSULTANT will develop and distribute outreach materials for one Public Meeting to discuss the conceptual design development of the Pioneer Road Widening project. For this meeting CONSULTANT will create a draft presentation to be reviewed and approved by the prime consultant and City staff.
CONSULTANT will help facilitate the meeting, including hosting it on an online platform if needed.
CONSULTANT will provide support for one Public Meeting to gather comments on the draft environmental review documents. This meeting will be during the state required public review comment period. CONSULTANT will develop and distribute outreach materials, review the presentation prepared by the prime consultant, and help facilitate the meeting, including hosting it on an online platform if needed.
CONSULTANT will be prepared to help engage the community and facilitate additional meetings during the course of the project. This may include additional stakeholder meetings, Spanish speaking materials and meetings, appearances at local service organizations, special outreach to address Environmental Justice concerns, meetings with advocacy groups or other outreach methods.
CONSULTANT will create a short presentation that explains the efforts made to engage the community and a summary of input received. This summary presentation will be suitable for including in presentations to the Los Banos Planning Commission and City Council during the hearings process.
ENVIRONMENTAL DOCUMENTATION
INITIAL STUDY AND NOTICE OF PREPARATION
For the proposed project CONSULTANT will utilize a distribution list developed with the City to distribute the document. It is assumed that the distribution list will include owners and residents, along with their mailing addresses, within 500 feet of the proposed project limits. CONSULTANT will prepare an Initial Study (IS) and Notice of Preparation (NOP) in accordance with City requirements for publication in a newspaper of local circulation (both English and Spanish), for posting at the Merced County Clerk's office, and for distribution to anyone who has filed a written request with the City. The IS is a screening level document used to eliminate extensive analysis of issues in the EIR that would have no impacts or less than significant impacts. The IS will be used as an attachment to the NOP. A draft IS/NOP will be provided to the City for review and approval. It is assumed that CONSULTANT will coordinate publication of the IS/NOP with the appropriate newspapers. The IS/NOP will be posted on the City's website.
Electronic copies of the IS/NOP will be provided to other agencies and officials included on the distribution list (and anyone else who specifically requests a copy of the document), and an electronic copy of the IS/NOP will be provided to property owners and residences within a 0.5 mile radius of the proposed project. A Draft State Clearinghouse Form (Notice of Completion & Environmental Document 125
Transmittal) will be prepared and submitted to the City for review. The final form will be submitted by CONSULTANT to the State Clearinghouse electronically.
Deliverable(s):
• Draft and Final IS/NOP
• Draft and Final Notice of Completion & Environmental Document Transmittal
DRAFT CEQA/NEPA ENVIRONMENTAL DOCUMENT
The mini-PEAR anticipated that the environmental document to satisfy CEQA would be an IS/MND and the environmental document to satisfy NEPA would be a Complex EA/Finding of No Significant Impact (FONSI). On the Class of Action form Caltrans made the determination that the anticipated environmental document to comply with NEPA would be a Complex EA.
Confirmation of the CEQA environmental document will be made once the results of the technical studies are available. Confirmation of the NEPA environmental document will also be made once the results of the technical studies are available. If the City and Caltrans determine that a routine EA is the appropriate NEPA environmental document, CONSULTANT will prepare a routine EA, which is not required to go through Caltrans' 5-Step quality control process. However, if a Complex EA is needed, compliance with Caltrans' 5-Step quality control process will be required.
Under NEPA Assignment Caltrans will be the lead agency for NEPA compliance. The City will be the lead agency for CEQA compliance. A joint CEQA/NEPA environmental document will be prepared by CONSULTANT using the formats specified in the Caltrans Standard Environmental Reference (SER). To reduce iterations of the document, CONSULTANT will conduct a revision workshop with the City and Caltrans, if needed, to facilitate completion of the document following the review of the draft CEQA/NEPA environmental document, if comments remain after this review. It is assumed that the technical studies will not be included in the availability, but electronic copies will be available if requested by anyone during the public availability period. The draft CEQA/NEPA environmental document will include a Mitigation Monitoring Reporting Program (MMRP)/Environmental Commitment Record (ECR). The following submittals are assumed.
Deliverable(s):
• Administrative draft NEPA/CEQA environmental document • Draft NEPA/CEQA environmental document
• Final draft NEPA/CEQA environmental document for City and Caltrans approval and circulation for public review
• ECR)/MMRP (included as an appendix in each submittal of the draft NEPA/CEQA environmental document)
PUBLIC REVIEW
The draft CEQA/NEPA environmental document will be circulated for public review and electronically submitted to the State Clearinghouse per the distribution list. CONSULTANT shall prepare and publish and Notice of Availability (NOA) and opportunity for public hearing. The draft NEPA/CEQA environmental document will be posted on the City's website. 126
Electronic copies of the draft CEQA/NEPA environmental document will be provided to other agencies and officials includes on the distribution list (and anyone else who specifically requests a copy of the document), and an electronic copy of the draft CEQA/NEPA environmental document will be provided to property owners and residences within a 0.5 mile radius of the proposed project.
Deliverable(s):
• Draft and Final NOA
RESPONSE TO COMMENTS
At the close of the public circulation period for the draft CEQA/NEPA environmental document, CONSULTANT will review and respond to all comments received. The comments will be responded to and incorporated directly into the Final CEQA/NEPA environmental document. It is assumed that no comments requiring legal review or requiring new analyses or from lawyers will be received.
Deliverable(s):
• Draft and Final Responses to Comments
FINAL CEQA/NEPA ENVIRONMENTAL DOCUMENT
CONSULTANT will revise the final CEQA/NEPA environmental document to respond to the comments and to document whether any changes to the project have occurred. The following submittals are assumed. If comments remain after the revised draft final CEQA/NEPA environmental document then a revision workshop will be held to address any remaining comments. The final CEQA/NEPA environmental document will include a Mitigation, Monitoring, and Reporting Program (MMRP)/Environmental Commitment Record (ECR). If the project would result in significant impacts that cannot be mitigated under CEQA CONSULTANT will prepare Findings and a Statement of Overriding Consideration (SOC). The Findings and SOC will be used to support a resolution for City Council approval.
Deliverable(s):
• Draft final CEQA/NEPA environmental document for review • Final CEQA/NEPA environmental document for City and Caltrans approval • Draft Findings/SOC
• Final Findings/SOC
NOTICE OF DETERMINATION
CONSULTANT will prepare the Notice of Determination (NOD) in compliance with CEQA. It is assumed that CONSULTANT will file the NOD with the Office of Planning and Research (OPR). The NOD would also be posted with the Merced County Clerk. This notice starts a statute of limitation period under CEQA. Along with the NOD a California Department of Fish and Wildlife (CDFW) filing fee would also be filed. The CDFG CDFW filing fee has been included in the submitted cost estimate and is assumed to not exceed $2480.25 plus $50.00 for Merced County Clerk.
Deliverable(s):
• Draft Notice of Determination
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• Final Notice of Determination
CONCEPTUAL LANDSCAPE ARCHITECTURE
CONSULTANT will develop conceptual landscape and aesthetics materials for the project. These will serve as the basis for development of 35% and 65% construction documents. The first four subtasks will review materials developed by the engineering team for the Pioneer Road Widening project including the following:
• Review of Surveys and Base Drawings
• Review of Roadway and Structural Alternatives
• Review of Preliminary Cross Sections
• Review of Utility Conflicts
CONULTANT landscape architects will develop attractive and cost-effective concepts for Pioneer Road.
These concepts may include ideas for tree and understory planting, bed plantings, median designs, lighting, sound walls, hardscape materials, furnishings and other items. The individual concepts will be united by an overall concept that ties the corridor together. Draft materials will be presented to the project team and City staff for review and comment. After revision the concepts will be presented to the community in the Conceptual Design Public Meeting. Following the meeting the concepts will be refined using public comments as a guide.
CONSULTANT will develop high-level costs for the concepts developed in the previous tasks. Unit costs will be reviewed and approved by the project team before applying to take-offs. These landscape conceptual costs will be provided to the project team to include in overall project cost estimates. Cost estimates will include irrigation costs. All mobilization costs and other soft costs are assumed to be provided by others.
If needed, CONSULTANT will review the landscape concepts to provide options to reduce costs. This may be by reducing amount of planting areas, changing material choices or other cost-saving measures.
CONSULTANT will work with the project team to develop a proposal or alternate proposals for project phasing of landscape concepts. These will be closely coordinated with engineering phasing. If needed, cost estimates will be broken down by phase as well.
TRANSLATION - OPTIONAL
Spanish translation. If desired, CONSULTANT's in-house multilingual staff will provide Spanish language translation. This could include translation of outreach materials, meeting summaries and other documents. It could also include Spanish language facilitation of Public Meetings. 65% LANDSCAPE - OPTIONAL
If desired, CONSULTANT will refine the landscape concepts and develop a set of 35% and 65% construction documents for the entire corridor.
AOL & GEOTECHNICAL SERVICES - OPTIONAL
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Preliminary Geotechnical Design & Materials Report
The Preliminary Geotechnical Design & Materials Report (PGDR) will include the 4-lane arterial road and various signs, lighting, signals, and underground utilities. Detail scope for preparing this report is as follows:
• Research and Data Collection
• Permits/USA Clearances: We will comply with local permit requirements. Borings are assumed to be performed within the City of Los Banos right-of-way for the proposed widening, which will require us to obtain encroachment permits. We will obtain a City of Los Banos encroachment permit and Merced County boring permit. We assume the fees of the City of Los Banos permit(s) will be waved. The fee estimate includes the fees for the Merced County Boring Permit. Based on our previous experience, a shoulder closure and/or lane closure is anticipated to be required for these borings. We will field locate the borings and call for Underground Service Alert (USA) for clearance of utilities at boring locations. We also assume that the City of Los Banos will provide access to the undeveloped land where the new roadway construction will take place. • Field Exploration: We plan on performing the borings for both the roadway widening and creek/canal crossings concurrently. The boring program for the borings associated with the roadway widening would include 25 borings on roadway pavement at a depth of 5' and 5 borings at lighting and sign locations at a depth of 15'.
These explorations will provide an evaluation of subsurface conditions for the proposed roadway portion of the project. The boring locations will depend upon the available access and any boring data from previous studies. We anticipate using a truck mounted drill rig for our work. • Classify and continuously log subsurface soil conditions encountered in each test boring at the time of drilling. Obtain "relatively undisturbed" and bulk samples of substrata from test borings.
The borings will be drilled and backfilled with soil cuttings unless directed otherwise and patched with asphalt concrete cold patch if performed in the existing asphalt. • Laboratory Testing: Perform laboratory tests on representative soil samples such as moisture density, direct shear, gradation, R-value, maximum density/optimum moisture, corrosion, and Plasticity Index tests, as necessary.
The PGDR will summarize the field and laboratory programs and provide comments and preliminary recommendations to support the 30% Submittal and will follow Caltrans guidelines. The PGDR will be updated as necessary to produce the final GDR for support of the final design of the roadway. It is anticipated the GDR will include:
• A description of the proposed project, including a site vicinity map showing the location of the project alignment and a site plan showing the approximate locations of the exploration points for this study.
• General description and characteristics of the subsurface materials along the roadway alignment, including boring logs.
• A summary of the field exploration and laboratory testing programs. • Discussion of regional and local geology, including faults and seismicity. • Comments and recommendations for site preparation and earthwork grading. • Recommendations for new roadway structural sections.
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• Recommendations for slope stability (embankment).
• Recommendations for pole foundations for signs, lighting, and signals. • Recommendations for foundation design of retaining walls, if necessary. • Recommendations for lateral earth pressures for use in design of retaining walls, if necessary. • Comments on the general corrosion potential of on-site soils to buried metal and concrete.
The PGDR will be updated as necessary to produce a final GDR for support of the final design of the roadway and ramps.
Deliverable(s):
• Preliminary Geotechnical Design and Materials Report
• Final Geotechnical Design and Materials Report
Main Canal and Pedestrian - Bridge Foundation Reports
The Foundation Reports may be subject to Caltrans review and will follow Caltrans format. It is anticipated the bridge selection may require an internal type selection meeting. Detail scope for preparing this report is as follows:
• Research and Data Collection: Review of readily available geologic and soil literature in the vicinity of the site including review of any as-built drawings and existing Log of Test Borings (LOTB).
• Permits/USA Clearances: Any City of Los Banos or Merced County encroachment permits will be provided to CONSULTANT. Borings will be performed within the shoulder area of the Pioneer Road right of way at the Main Canal crossing. Traffic control is anticipated to be required for the borings at the proposed structure locations. CONSULTANT will field locate the borings and call for Underground Service Alert (USA) and perform Ground Penetrating Radar (GPR) scanning for clearance of utilities at boring locations.
• Field Exploration: Because of high costs associated with performing field borings we plan on performing the borings for the Main Canal and pedestrian bridge structures concurrently with the borings for the GDR. The boring program for the proposed bridges would be 2 borings at a depth of 70' at the canal crossing and 2 borings at a depth of 50" at pedestrian bridge. • Classify and continuously log subsurface soil conditions encountered in the test borings at the time of drilling. Obtain "relatively undisturbed" and bulk samples of substrata from test borings.
The borings will be drilled and backfilled with neat cement grout. • Laboratory Testing: Perform laboratory tests on representative soil samples such as moisture density, direct shear, gradation analyses, corrosion tests and Plasticity Index test, as necessary. • Allowance has been made to attend two team meetings or conference calls.
Based on engineering evaluation and analysis of the field and laboratory data, Preliminary Foundation Reports (PFR) will be prepared for the Main Canal crossing and pedestrian bridge. A final Foundation Report (FR) will be prepared once the bridge and foundation geometry and loads have been finalized and all review comments have been received. The report will follow basic Caltrans LRFD guidelines and the revised Caltrans Foundation Report Preparation for Bridge Foundations (2018). The FR will present final comments and recommendations to aid in design of the bridges. It is anticipated that the following specific items will be included in the FR:
130
• A description of the proposed project;
• Discussion of the field and laboratory testing programs; • Comments on the regional geology and site engineering seismology, including the potential for liquefaction and seismically induced settlement;
• Recommended peak ground acceleration and ARS curve based on Caltrans Seismic Design Criteria 2.0;
• Recommended parameters for use in design of the selected foundation type. A Footing Data Table would be provided for spread footings or box culvert with bottom slab foundations. As needed, abutment Pile Data Table would be provided for drilled or driven piles; • Recommended gross and net permissible contract stress associated with tolerable settlements and bearing capacity and design footing elevations of spread footing foundations, as appropriate;
• Recommendations for lateral capacity of spread footings (passive pressure and frictional coefficient), as appropriate;
• Recommendations for design of laterally loaded piles, including LPILE profile, deflection versus lateral load data, and moment distribution curves, as appropriate; • Comments on soil stiffness and ultimate equivalent lateral pressure for resisting dynamic loading of abutment walls;
• Comments on the corrosion potential of foundation soil; • Log of Test Boring drawings suitable for inclusion into the contract drawings.
Delivera ble(s):
• Preliminary Foundation Reports
• 65% Submittal Foundation Reports
• 95% Submittal Foundation Reports
• Final Foundation Reports
ADL Survey
The ADL study will be conducted along the project alignment to investigate the potential for aerially deposited lead in the soils adjacent to the project and include the following tasks:
Work Plan and Health and Safety Plan Preparation - CONSULTANT will prepare a work plan and health and safety plan. The work plan will state the purpose of the ADL investigation, the scope of work, and the proposed methods and procedures for sampling and analysis. CONSULTANT standard sampling protocols will be included in the work plan. The health and safety plan will be included within the work plan and will include information relevant to the project site and appropriate health and safety procedures to be followed during completion of the field work portion of the investigation.
Field Work and Laboratory Analysis - Prior to soil sampling activities, the soil sampling locations will be marked in white paint and marking flags. Kleinfelder will contact Underground Service Alert (USA) 48 hours prior to conducting field work to notify local utilities of the proposed subsurface work. USA provides a partial location service free of charge for major utility lines. In addition, CONSULTANT will retain a utility locating contractor to mark potential utilities and subsurface interferences. 131
CONSULT ANT assumes that the City of Los Banos will provide an encroachment permit for the work.
Traffic control will be utilized in order to safely access each sample location. Field work will be conducted during daylight hours.
Soil sampling borings will be located on the shoulders of Pioneer Road and Ward Road. CONSULTANT assumes that two crews of two staff will be used to expedite the soil sampling and minimize traffic control. Boring locations will be placed at approximately 500-foot intervals, on alternating sides ofthe pavement along the alignment within the unpaved shoulders (where appropriate), between approximately 4 to 8-feet from the edge of pavement. Thus, field activities will include the advancement of up to 51 hand auger borings to a depth of 2.5 feet, or refusal, whichever occurs first. Borings will be advanced by hand auger methods and the field sampling equipment will be decontaminated between boring locations. Samples will be collected at three intervals from each 2.5-foot soil boring: 0.0 to 0.5 feet, 1.0 to 1.5 feet, and 2.0 to 2.5 feet. In addition, we recommend that arsenic and organochlorine pesticides be tested in the shallow samples from these borings.
In addition, the field where the road east the Los Banos Creek is planned will be assessed with twenty borings, spaces approximately 500 feet apart in the planned road alignment. Each hand auger boring will be advanced to a depth of 2.5 feet or refusal. Sample will be collected at the same intervals as discussed above. For these borings only the most shallow soil samples will be tested for organochlorine pesticides, arsenic and pH as described in the Department of Toxic Substance Control's Guidance for Agricultural Land Sampling Revision 3 (DTSC 2008). If pesticides are detected above screening levels in the shallow sample the deeper samples will be tested.
CONSULTANT anticipates the following analyses (and EPA Method) will be performed on the soil:
• The 161 soil samples will be submitted for total lead analysis using EPA Method 6010 • The 161 samples will be analyzed for pH using EPA Method 9040/9045 • The 51 shallow samples from alongside Pioneer and Ward Roads, plus S discrete samples from the agricultural field, plus three duplicate samples will be analyzed for organochlorine pesticides (OCPs) using EPA Method 8081.
• 161 samples will be tested for arsenic by EPA Method 6020 Soil samples reported to contain total lead concentrations in excess of SO mg/kg will be further analyzed for soluble lead using Waste Extraction Test (WET) method. CONSULTANT has assumed for cost estimating purposes that approximately 10 percent of samples (21 samples) will be analyzed for soluble lead.
• The 32 soil samples will be submitted for soluble lead and arsenic using the Waste Extraction Test (WET) method, EPA Method 7000.
Soil samples reported to contain lead concentrations in excess of 1000 mg/kg will be further analyzed for TCLP soluble lead. CONSULTANT has assumed for cost estimating purposes that ten (10) samples will be analyzed for TCLP.
Additional analysis for soluble lead (WET or TLCP) will be charged at a unit price of $120 per sample and in accordance with CONSULTANT's current hourly fee schedule for sample handling, laboratory coordination, and results assessment.
132
The additional analysis for STLC and TCLP will be at a unit price of $150 per sample.
If shallow soil samples collected from the field contain OCPs, deeper samples will be tested on $135 per sample basis
The samples will be analyzed on a standard laboratory turnaround time requiring approximately 10 to 15 working days for completion.
Residual soil generated during the soil sampling activities will not be contained and be placed back into the sample boreholes.
In addition to soil collection for lead analysis, CONSULTANT will investigate the potential for lead in the road paint striping by utilizing an X-ray fluorescence (XRF) device. The XRF device is a non-destructive method for analyzing lead concentrations. This testing will be conducted on the lane striping adjacent to each soil sample location.
Upon completion of soil sampling, and receipt and review of analytical results, CONSULTANT will tabulate the soil sample analytical data generated during the investigation. The data will be keyed to field locations and represented on site maps. The report will include:
• A description of field activities, observations, and protocols; • Tabulated results of the soil sample analysis with copies of certified analytical laboratory results and chain-of-custody documentation;
• Description and documentation of OA/QC procedures employed for field and laboratory work; • A graphical representation of soil sampling locations; • Data statistical analysis (Pro-UCL) for ADL and discussion; and, • Conclusions and recommendations based on the data acquired.
REGULATORY PERMITTING - OPTIONAL
Section 401 of the Clean Water Act Water Quality Certification GPA is currently scoped to prepare a CWA Section 401 Water Quality Certification application. The Regional Water Quality Control Board (RWQCB) has jurisdiction over waters of the state under the PorterCologne Act. The RWQCB typically takes jurisdiction over all surface and ground waters in the state of California
The State Water Resources Control Board issued a revised Implementation Guidance for the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State on May 28, 2020. GPA will prepare a Restoration/Revegetation Plan for Temporary Impacts, a Water Diversion and Dewatering Plan, Compensatory Mitigation Plan, and an Erosion Control Plan as part of the regulatory permit application package, as applicable. GPA will prepare an application for Waste Discharge Requirements for submittal to the RWQCB. The application will include location information, a description of the discharge, best management practices to minimize impacts, a site map, and other pertinent project information, as required by the RWQCB.
Deliverable(s):
133
• One (1) electronic copy of the Section 401 Water Quality Certification application package and attendance at one RWQCB pre-application meeting.
Section 404 of the Clean Water Act Nationwide Permit
Section 404 of the Clean Water Act regulates, and authorizes the USACE to issue permits for the discharge of dredged or fill materials into waters of the U.S. It is expected that the project will fall within the scope of the USACE Nationwide Permit 14 for "Linear Transportation Facilities." To qualify for this permit, the project must meet 27 general conditions and not result in greater than 0.5 acre of permanent impacts (e.g., loss) on jurisdictional waters ofthe U.S. A pre-construction notification {PCN) would be required for the project if more than 0.10 acre of permanent impacts on waters of the U.S would result from the project. If a PCN is required, GPA will prepare the PCN package for submittal to the USACE. The application will include a brief description of the project; identify best management practices that would be employed to minimize incidental construction-related discharge to waters of the U.S., and other pertinent project information, as required by the USACE. If an individual Section 404 permit is required then this will be communicated to the CITY and a scope and cost for performing this work will be submitted.
Deliverable(s):
• One (1) electronic copy of the Section 404 application package Fish and Game Code 1602 Streambed Alteration Agreement
GPA will prepare California Fish and Game Code Section 1602 Streambed Alteration Notification application package. A Temporary Impacts Restoration/Revegetation Plan and Water Diversion Plan would be required as part of the regulatory permit application package.
Deliverable(s):
• One (1) electronic copy of the 1602 notification package Assumptions
This scope of work has been prepared based on the following assumptions:
• This list of tasks is based on the project information provided. If the limits of the project area or scope of the project change substantially, or if currently unknown circumstances arise in a manner that would result in greater environmental impacts, GPA will provide an additional scope of work and budget to support this effort.
• Unless otherwise identified herein, deliverables will be subject to no more than two rounds of comments and comments will be consolidated, legible, and organized. Additional rounds of comments, unconsolidated comments, or illegible comments could require additional scope and budget. • Unless otherwise identified herein, all deliverables will be submitted electronically. • Plans will be provided as CAD and PDF files, at minimum, and as GIS SHP files, if needed. Additional budget will be required if these files are not well organized and clearly understandable. Complete plans with sufficient detail for analyzing potential effects will be provided to GPA prior to initiating technical 134
studies.
• The scope of work would be limited to the evaluation of existing conditions and the preferred build alternative. Evaluation of additional alternatives is not included and may require additional scope and budget.
• A complete project description and 65 percent plans will be provided prior to initiating the environmental permitting applications.
• A Habitat Mitigation and Monitoring Plan, if required to support the permitting phase, is not included in this scope of work. If such a report is required to obtain permits (for compensatory or of/site mitigation for permanent impacts), GPA will provide an additional scope of work and budget to support this effort.
• The Temporary Impacts Restoration/Revegetation Plan included in the regulatory permit application is limited to initial identification of proposed mitigation options. If additional coordination is needed, an additional scope of work and budget will be provided. Credit or mitigation coordination beyond the initial identification of options or required credits is not included in this scope of work. If additional coordination is requested, GPA will provide an additional scope of work and budget to support this effort.
• GPA assumes the County will be responsible for paying all fees associated with the regulatory permitting.
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ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DO/YYYY) ~ 03/14/2022
_____,
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(&).
PRODUCER • NX:lt'"' Christine R Sousa Baker, Romero & Associates Insurance Brokers, Inc. r.'1R'tt ~-·- (626)332-2258 I FAX 750 Terrado Plaza #238 IA/C Nol: (626)339•9921
Covina, CA 91723 ~~J~"'"': christlne«ilbakerromero.com
License #: 0G22790 INSURERIS) AFFORDING COVERAGE NAIC#
INSURER A: TRAVELERS PROPERTY CASUALTY CO. OF AMERICA 25674 INSURED Galvin Preservation Associates Inc. INSURERS: Continental Ins Co 20443 OBA GPA Consulting INSURERC :
840 Apollo Street, Suite 312 INSURERD:
El Segundo, CA 90245 INSURERE:
INSURERF:
COVERAGES CERTIFICATE NUMBER: 00002920-15680574 REVISION NUMBER: 959
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1r.f: TYPE OF INSURANCE ~~ ~ POLICY NUMBER ,,reJF~ I~~~ LIMITS A ~ COMMERCIAL GENERAL LIABILITY y y 680-4H777 478-22-47 03/1412022 03/1412023 EACH OCCURRENCE $ 2 000 000 ::=J CLAIMS-MADE [i] OCCUR ~~~;~~JY ~~l $ 1.000 000 MED EXP (Any one person) $ 5000 - PERSONAL & ADV INJURY f-- $ 2.000 000 R GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000 000 POLICY [x] JECT PRO- Loe PRODUCTS· COMP/OP AGG $ 2.000 000 OTHER: $
A AUlOMOBILE LIABILITY y y BA-4R690875-22-47 03/14/2022 03/1412023 COMBINED SINGLE LIMIT $ rEa accident\ 1.000.000 f-- ..x ANY AUTO BODILY INJURY (Per person) $
O\MIED - SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS f-- HIRED f--
NON-OWNED PROPERTY DAMAGE
~ AUTOS ONLY .x. AUTOS ONLY r Per accident I $
$
A ~ UMBRELLA LIAB ~ OCCUR y y CUP-OJ605520-22-47 03/1412022 03/1412023 EACH OCCURRENCE $ 7,000,000 EXCESSLIAB CLAIMS-MADE AGGREGATE $ 7,000,000
X OED I I RETENTION s 10000 Prod/CoOos $ 7,000,000
A WORKERS COMPENSATION y UB-OK1 T826877-22-47 03/1412022 03/1412023 X I ~f:TUTE I I OTHAND EMPLOYERS' LIABILITY ER Y/N />JolY PROPRIETORl?ARTNERIEXECUTIVE [y] 1,000,000 NIA E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 ~m:~f,m~ ~'gPERATIONS below E,L. DISEASE - POLICY LIMIT $ 1,000,000 B Prof. Liab. $15K Ded EEH288371840 03/1412022 03/1412023 $5M Per Claim retro: 3/20/12 B Pollution, $15K Ded EEH288371840 I 03/1412022 03/1412023 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attactted If more space Is required) A.M. Best Ratings: Travelers Property Casualty Company of America (A++ XV); Continental Casualty Company (A XV); StateCompensatlon Insurance Fund (Not Rated). Project: Pioneer Road Widening. City of Los Banos, its officers, officials, employees, agents and volunteers are Named as Additional Insured with respect to liability arising out of work performed by or on behalf of the Consultant. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or Indirectly from the Consultant's operations or services provided to City. (continued on ACORD 101 Additional Remarks Schedule)
CERTIFICATE HOLDER CANCELLATION
City of Los Banos
411 Madison Avenue
Los Banos, CA 93635
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
CRS
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by CRS on 03/14/2022 at 04:27PM 137
AGENCY CUSTOMER ID: _ 00_0_0_29_2_0 _ ____________ _
LOC#: ______ _
ADDITIONAL REMARKS SCHEDULE Page_2_of
AGENCY NAMED INSURED
Baker, Romero & Associates Insurance Brokers, Inc. Galvin Preservation Associates Inc.
POLICY NUMBER OBA GPA Consulting
NIA
CARRIER I NAICCOOE
Multiple Carriers EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (continued from Description of Operations)
Insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. Blanket Forms apply:
Blanket Additional Insured CGD3810915; Coverage Xtend Endorsement CGD3790219; Aggregate Limit Per Project CGD4690219; Products/Completed Ops Endt. CGD3090219; 30 Day Notice of Cancellation ILT4001209; Auto Coverage Plus Endorsement CAT4200215; Auto Blanket Additional Insured Primary and Non-Contributory CAT4740216; Schedule of Underlying EU00030818; Waiver of Rights UM04880708; Worker's Compensation Blanket Waiver of Subrogation SCIF Form 10217. Coverage shall not be canceled, non-renewed or materially altered except after thirty (30) days prior written notice has been given.
Workers Comp: Andrea Galvin
Richard Galvin
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The ACORD name and logo are registered marks of ACORD
Printed by CRS on March 14, 2022 at 04:27PM
138
POLICY NUMBER: 680-4H7TT478-21-47 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The following is added to SECTION II - WHO IS
AN INSURED:
Any person or organization that you agree in a
"written contract requiring insurance" to Include as
an additfonal insured on this COVerage Part. but:
a. Only with respect to IJabillty for "bodily injury".
"property damage• or •personal injury": and
b. If. and only to the extent that. the injwy or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of "your work• to which the "written contract
requiring insurance" applies, or in connection
with premises owned by or rented to you.
The person or organization does not qualify as an
additional insured:
c. With respect to the independent acts or
omissions of such person or organization: or
d. For "bodily injury-, •property damage• or
•personal injury" for which such person or
organization has assumed labirity In a
contract or agreement.
The insurance provided to such additional insured
is Umlted as follows:
e. This Insurance does not apply on any basis to
any person or organization for which
coverage as an additional Insured specifically
is added by another endorsement to this
Coverage Part. .
f. This insurance does not apply to the
rendering of or falure to render any
"professional services".
g. In the event that the Limits of Insurance of the
Coverage Part shown in the Declarations
exceed the ftmits of liability required by the
"written contract requiring insurance". the
insurance provided to the additional insured
shaD be limited to the limits of liabitity required
by that "written contract requiring insurance•.
Thls endorsement does not increase the
limits of insurance described In Section Ill -
Limits Of Insurance.
h. This insurance does not apply to "bodily
Injury-' or "property damage• caused by "your
work• and included in the "products,.
completed operations hazard" unless the
"written contract requiring insurance"
speclfically requires you to provide such
coverage for that additional fnswed, and then
the insurance provided to the additional
insured applies only to such •boclly injury" or
"property damage" that occurs before the end
of the period of time for which the "written
contract requiring insurance• requires you to
provide such coverage or the end of the
pofic:y period, whichever is earlier.
2. The following is added to Paragraph 4.a. of
SECTION IV - COMMERCAL GENERAL
UABILl1Y CONDmONS:
The insurance provided to the additional Insured
Is excess over any valid and collectible other
Insurance, whether prirna,y, excess. contingent or
on any other basis, that is available to the
additional insured for a loss we cover. However, if
you speclftcally agree in the "written contract
requiring lnsurance0 that this insurance pravkled
to the additional insured under this Coverage Part
must apply on a primary basis or a primary and
non-contributory basis, this insurance is primary
to other insurance available to the additional
insured which covers that person or organizations
as a named Insured for such loss, and we will not
share with the other insurance. provided that
(1) The "bodily injury" or "property damage• for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage Is
sought arises out of an offense committed:
after you have signed that "written contract
requiring insurance•. But this insurance provided
to the additional insured still Is excess over valid
and collectible other insurance, whether primary,
excess, contingent or on any other basis, that Is
available to the addltlonal Insured when that
person or organization is an additional Insured
under any other Insurance.
CGD3810915 0 2015 The Tnwelera lndemnlly Company. All righla n,served.
Includes the copyrfghllld rnat8dal of lnlunlnC8 8eMcea Ollce, Inc., with la permlulon